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
`
`15/746,742
`
`01/22/2018
`
`TETSUYA YAMAMOTO
`
`731456.460USPC
`
`5655
`
`Seed IP Law Group LLP/Panason1e (PIPCA)
`701 5th Avenue, Suite 5400
`Seattle, WA 98104
`
`LEE” JAE YOUNG
`
`PAPER NUMBER
`
`ART UNIT
`
`2466
`
`NOTIFICATION DATE
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`DELIVERY MODE
`
`02/21/2019
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`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
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`following e—mail address(es):
`US PTOeACtion @ SeedIP .Com
`
`pairlinkdktg @ seedip .eom
`
`PTOL-90A (Rev. 04/07)
`
`

`

`Off/09 A0170” Summary
`
`Application No.
`15/746,742
`Examiner
`JAE Y LEE
`
`Applicant(s)
`YAMAMOTO et al.
`Art Unit
`AIA Status
`2466
`Yes
`
`- The MAILING DA TE of this communication appears on the cover sheet wit/7 the correspondence address -
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 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).
`
`Status
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`1). Responsive to communication(s) filed on 16 April 2018.
`[: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.
`
`) ) ) )
`
`6 7
`
`8
`
`
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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.
`
`Application Papers
`10)[:] The specification is objected to by the Examiner.
`
`11). The drawing(s) filed on 22 January 2018 is/are: a). accepted or b)[:] objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12). 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.
`
`3.. Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`
`** See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`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
`
`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 20190217
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`

`

`Application/Control Number: 15/746,742
`Art Unit: 2466
`
`Page 2
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`Notice of Pre-AIA or 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 first
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`inventor to file provisions of the AIA.
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`CLAIM INTERPRETATION
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`2.
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`The following is a quotation of 35 U.S.C. 112(f):
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`(f) Element in Claim for a Combination. — An element in a claim for a combination may be expressed as
`a means or step for performing a specified function without the recital of structure, material, or acts
`in support thereof, and such claim shall be construed to cover the corresponding structure, material,
`or acts described in the specification and equivalents thereof.
`
`3.
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`The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
`
`An element in a claim for a combination may be expressed as a means or step for performing a
`specified function without the recital of structure, material, or acts in support thereof, and such claim
`shall be construed to cover the corresponding structure, material, or acts described in the
`specification and equivalents thereof.
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`4.
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`This application includes one or more claim limitations that do not use the word ”means,” but
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`are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph,
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`because the claim limitation(s) uses a generic placeholder that is coupled with functional language
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`without reciting sufficient structure to perform the recited function and the generic placeholder is not
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`preceded by a structural modifier. Such claim limitation(s) is/are: ”generator” in claim 1.
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`Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA
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`35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure
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`described in the specification as performing the claimed function, and equivalents thereof.
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`|f applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or
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`pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may:
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`(1) amend the claim limitation(s) to avoid it/them
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`being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting
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`sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim
`
`

`

`Application/Control Number: 15/746,742
`Art Unit: 2466
`
`Page 3
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`|imitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being
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`interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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`Claim Rejections - 35 USC § 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. 102
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`and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory
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`basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and
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`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 basis
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`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)(2) the claimed invention was described in a patent issued under section 151, or in an application
`for patent published or deemed published under section 122(b), in which the patent or application, as
`the case may be, names another inventor and was effectively filed before the effective filing date of
`the claimed invention.
`
`7.
`
`Claims 1-7 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Takeda et al. (US
`
`2017/0353272).
`
`Regarding claim 1, Takeda discloses
`
`o
`
`a terminal comprising: a receiver (Fig. 14) that receives the same downlink data over one or
`
`more subframes (par. 58: UE #1 and UE #2 each receive the PDSCH in a plurality of subframes,
`
`in repetitions, by using resources that are specified by the EPDCCH for the subject terminal)
`
`through a downlink resource within a narrow band for MTC terminal (par. 44: The information
`
`to represent the locations of PDSCH resources may be, for example, a PRB index (for example,
`
`one of 0 to 5) within a predetermined narrow band (for example, 6 RES), or may be a relative
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`frequency offset to the locations of EPDCCH resources);
`
`

`

`Application/Control Number: 15/746,742
`Art Unit: 2466
`
`Page 4
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`a generator (Fig. 14) that generates a response signal as a response to the downlink data (par.
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`35: The user terminal receives the PDSCH in the allocated resources specified by the EPDCCH,
`
`and transmits an HARQ-ACK in response to this PDSCH by using a PUCCH (Physical Uplink
`
`Control Channel); and
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`a transmitter (Fig. 14) that transmits the response signal through an uplink resource a
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`predetermined number of subframes after the last subframe of the one or more subframes,
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`the uplink resource being associated in one-to-one correspondence with the number of a
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`downlink resource to which the downlink data is allocated in the last subframe (par. 40: the
`
`relationship between the downlink narrow band in which a PDSCH is received and the uplink
`
`narrow band in which a PUCCH is transmitted in response to the PDSCH are determined in
`
`advance; par. 45: the PUCCH resources for transmitting an ACK/NACK in response to the PDSCH
`
`can be specified in association with the PDSCH's PRB index).
`
`Regarding claim 2, Takeda discloses
`
`wherein the number of the downlink resource is the number of a PRB (physical resource
`
`block) that constitutes the narrow band (par. 45: An MTC terminal specifies the PRB of a PDSCH
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`received in a predetermined narrow band (PDSCH set). To specify the PRB, for example, the PRB
`
`index can be used. Furthermore, the PUCCH resources for transmitting an ACK/NACK in
`
`response to the PDSCH can be specified in association with the PDSCH's PRB index).
`
`Regarding claim 3, Takeda discloses
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`wherein the number of the downlink resource is the number of the narrow band (par. 40: the
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`relationship between the downlink narrow band in which a PDSCH is received and the uplink
`
`narrow band in which a PUCCH is transmitted in response to the PDSCH are determined in
`
`

`

`Application/Control Number: 15/746,742
`Art Unit: 2466
`
`Page 5
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`advance; par. 45: the PUCCH resources for transmitting an ACK/NACK in response to the PDSCH
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`can be specified in association with the PDSCH's PRB index).
`
`Regarding claim 4, Takeda discloses
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`0 wherein a first MTC terminal for which less than a predetermined number of subframes are
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`used to transmit the downlink data and a second MTC terminal for which the predetermined
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`number of subframes or more is used to transmit the downlink data use different regions of
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`the uplink resource to transmit the response signal (par. 57: the number of times to repeat the
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`PDSCH for UE #1 is 4, and the number of times to repeat the PDSCH for UE #2 is 2; par. 58: Also,
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`a predetermined period of time (for example, 4 subframes) after the last subframe in which the
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`PDSCH was received, UE #1 and UE #2 each transmit an ACK/NACK in response to this PDSCH, by
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`using predetermined PUCCH resources).
`
`Regarding claim 5, Takeda discloses
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`0 wherein the number of the downlink resource associated in one-to-one correspondence with
`
`the uplink resource in the region of the uplink resource used by the first MTC terminal is the
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`number of a PRB (physical resource block) that constitutes the narrow band (par. 40: the
`
`relationship between the downlink narrow band in which a PDSCH is received and the uplink
`
`narrow band in which a PUCCH is transmitted in response to the PDSCH are determined in
`
`advance; par. 45: the PUCCH resources for transmitting an ACK/NACK in response to the PDSCH
`
`can be specified in association with the PDSCH's PRB index), and
`
`o
`
`the number of the downlink resource associated in one-to-one correspondence with the
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`uplink resource in the region of the uplink resource used by the second MTC terminal is the
`
`number of the narrow band (par. 57: the number of times to repeat the PDSCH for UE #1 is 4,
`
`

`

`Application/Control Number: 15/746,742
`Art Unit: 2466
`
`Page 6
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`and the number of times to repeat the PDSCH for UE #2 is 2; par. 58: Also, a predetermined
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`period of time (for example, 4 subframes) after the last subframe in which the PDSCH was
`
`received, UE #1 and UE #2 each transmit an ACK/NACK in response to this PDSCH, by using
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`predetermined PUCCH resources).
`
`Regarding claim 6, Takeda discloses
`
`o
`
`a base station comprising: a transmitter (Fig. 12) that transmits the same downlink data over
`
`one or more subframe (par. 58: UE #1 and UE #2 each receive the PDSCH in a plurality of
`
`subframes, in repetitions, by using resources that are specified by the EPDCCH for the subject
`
`terminal) through a downlink resource within a narrow band for MTC terminal (par. 44: The
`
`information to represent the locations of PDSCH resources may be, for example, a PRB index
`
`(for example, one of 0 to 5) within a predetermined narrow band (for example, 6 RES), or may
`
`be a relative frequency offset to the locations of EPDCCH resources); and
`
`o
`
`a receiver (Fig. 12) that receives a response signal as a response to the downlink data through
`
`an uplink resource a predetermined number of subframes after the last subframe of the one
`
`or more subframes, the uplink resource being associated in one-to-one correspondence with
`
`the number of a downlink resource to which the downlink data is allocated in the last
`
`subframe (par. 40: the relationship between the downlink narrow band in which a PDSCH is
`
`received and the uplink narrow band in which a PUCCH is transmitted in response to the PDSCH
`
`are determined in advance; par. 45: the PUCCH resources for transmitting an ACK/NACK in
`
`response to the PDSCH can be specified in association with the PDSCH's PRB index).
`
`Regarding claim 7, Takeda discloses
`
`

`

`Application/Control Number: 15/746,742
`Art Unit: 2466
`
`Page 7
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`o
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`a transmission method comprising: receiving the same downlink data over one or more
`
`subframes (par. 58: UE #1 and UE #2 each receive the PDSCH in a plurality of subframes, in
`
`repetitions, by using resources that are specified by the EPDCCH for the subject terminal)
`
`through a downlink resource within a narrow band for MTC terminal (par. 44: The information
`
`to represent the locations of PDSCH resources may be, for example, a PRB index (for example,
`
`one of 0 to 5) within a predetermined narrow band (for example, 6 RES), or may be a relative
`
`frequency offset to the locations of EPDCCH resources);
`
`0
`
`generating a response signal as a response to the downlink data (par. 35: The user terminal
`
`receives the PDSCH in the allocated resources specified by the EPDCCH, and transmits an HARQ-
`
`ACK in response to this PDSCH by using a PUCCH (Physical Uplink Control Channel); and
`
`o
`
`transmitting the response signal through an uplink resource a predetermined number of
`
`subframes after the last subframe of the one or more subframes, the uplink resource being
`
`associated in one-to-one correspondence with the number of a downlink resource to which
`
`the downlink data is allocated in the last subframe (par. 40: the relationship between the
`
`downlink narrow band in which a PDSCH is received and the uplink narrow band in which a
`
`PUCCH is transmitted in response to the PDSCH are determined in advance; par. 45: the PUCCH
`
`resources for transmitting an ACK/NACK in response to the PDSCH can be specified in
`
`association with the PDSCH's PRB index).
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`Conclusion
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`8.
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`Any inquiry concerning this communication or earlier communications from the examiner
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`should be directed to Jae Y. Lee whose telephone number is (571) 270-3936. The examiner can normally
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`be reached on Monday through Friday from 7:30 AM to 5:00 PM EST.
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`