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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address; COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`15/810,589
`
`11/13/2017
`
`AYAKO HORIUCHI
`
`731456.452C1
`
`2305
`
`Seed IP Law Group LLP/Panasonic (PIPCA)
`701 5th Avenue, Suite 5400
`Seattle, WA 98104
`
`DANIEL JR, WILLIE J
`
`ART UNIT
`
`2462
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`10/05/2021
`
`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):
`USPTOeAction @ SeedIP.com
`
`pairlinkdktg @seedip.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Disposition of Claims*
`1,10,12-13 and 16-23 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`C] Claim(s)__ is/are allowed.
`Claim(s) 1,10,12-13 and 16-23 is/are rejected.
`(1 Claim(s)__is/are objectedto.
`C} Claim(s)
`are subjectto restriction and/or election requirement
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http://www.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) ) ) )
`
`Application Papers
`10) The specification is objected to by the Examiner.
`11)0) The drawing(s) filedon__ is/are: a)(J 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)1) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`c)Z None ofthe:
`b)() Some**
`a)C All
`1.2 Certified copies of the priority documents have been received.
`2.1.) Certified copies of the priority documents have been received in Application No.
`3.1.) Copies of the certified copies of the priority documents have been receivedin 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)
`
`2) (J Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3) (J Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`4)
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 010---01
`
`Application No.
`Applicant(s)
`15/810,589
`HORIUCHI etal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`WILLIE J DANIEL JR
`2462
`Yes
`
`
`
`-- The MAILING DATEofthis communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom 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) MONTHSfrom 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, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1)2) Responsive to communication(s) filed on 05/27/2021.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`2a)¥) This action is FINAL.
`2b) (J This action is non-final.
`3)02 An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4\0) 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 Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`

`

`Application/Control Number: 15/810,589
`Art Unit: 2462
`
`Page 2
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`DETAILED ACTION
`
`1. This action is in response to applicant’s amendmentfiled on 27 May 2021. Claims 1, 10, 12-
`
`13, and 16-23 are now pending in the present application and claims 2-9, 11, and 14-15 are
`
`cancelled.
`
`Notice of Pre-AIA or AIA Status
`
`2. The present application, filed on or after March 16, 2013,
`
`is being examined underthe first
`
`inventor to file provisions of the AIA.
`
`Priority
`
`3. Receipt is acknowledged ofcertified copies of papers required by 37 CFR 1.55.
`
`4. Should applicant desire to obtain the benefit of foreign priority under 35 U.S.C. 119(a)-(d)
`
`prior to declaration of an interference, a certified English translation of the foreign
`
`application must be submitted in reply to this action. 37 CFR 41.154(b) and 41.202(e).
`
`Failure to provide a certified translation may result in no benefit being accorded for the non-
`
`English application.
`
`Election/Restrictions
`
`5. Applicant’s election without traverse of claims 1-6, 10, and 12-13 in the reply filed on 30
`
`November 2019 is acknowledged.
`
`Claim Rejections - 35 USC § 103
`
`

`

`Application/Control Number: 15/810,589
`Art Unit: 2462
`
`Page 3
`
`6. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness
`
`rejections set forth in this Office action:
`
`A patent fora claimed invention may not be obtained, notwithstanding that the claimed invention is not
`identically disclosed as set forth in section 102,if the differences between the claimed invention and the
`prior art are such that theclaimed invention as a whole would have been obviousbefore the effective
`filing date of the claimed invention toa person having ordinary skill in the art to which the claimed
`invention pertains. Patentability shall not be negated by the manner in which the invention was made.
`
`Claim(s) 1, 10, 12-13, and 16-20 are rejected under 35 U.S.C. 103 as being unpatentable
`
`over 3GPP TSG RAN WGI #81 (hereinafter 3GPP) (R1-153567) in view of further support
`
`by 3GPP TSG RAN WGI!#81 (hereinafter 3GPP-#2) (R1-152954), Kim et al. (hereinafter
`
`Kim) (US 2015/0036609 A1), Horiuchi et al. (hereinafter Horiuchi) (US 2018/0070339 Al-
`
`section Background; admitted support in responsefiled 12/10/2020, remarks pg. 6, 1%full
`
`par.), and Hong (US 2014/0307692 A1).
`
`Regarding claims 1, 10, and 12-13, 3GPP discloses a base station comprising:
`
`control circuitry which, in operation, allocates a physical downlink shared channel
`
`(PDSCH)on a plurality of resource blocks (RBs) determined based on a frequency position
`
`of a narrowband and a frequency position of resource block groups (RBGs), wherein a
`
`boundary of the frequency position of the narrowbandis different from a boundary of the
`
`frequency position of the RBGs { (see pp./slides 2-5) }; and
`
`the frequency boundary of the allocated narrowband is determined based onasize of
`
`each of the RBGs., the size of each of the RBGs being smaller than a size of the narrowband
`
`{ (see slide 4), where the system has an offset (see pp./slides 2,3-4) }.
`
`3GPPclearly discloses the feature(s) indicated above as evidenced by the fact that
`
`one of ordinary skill
`
`in the art would clearly recognize. However,in the alternative, the
`
`examiner maintains that the feature(s) wherein a boundary of the frequency position of the
`
`

`

`Application/Control Number: 15/810,589
`Art Unit: 2462
`
`Page 4
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`narrowbandis different from a boundary of the frequency position of the RBGs was well
`
`known in the art, as taught by 3GPP-#2.
`
`As further alternative support in the same field of endeavor, 3GPP-#2 discloses the
`
`feature(s) wherein a boundary of the frequency position of the narrowband is different from a
`
`boundary of the frequency position of the RBGs { (see section 2; Figs. la-b), where the
`
`system has PRB groups with different definitions (see section 3; Figs. 2a-c) }. As a note,
`
`3GPP#2 at the least further discloses the feature(s) the frequency position of the narrowband
`
`is determined based onasize of each of the RBGs., the size of each of the RBGs being
`
`smaller than a size of the narrowband { (see sections 2-3; Figs.
`
`la-b) }.
`
`Therefore, it would have been obvious to one of ordinary skill
`
`in the art at the time
`
`the invention was made to combine the teachings of 3GPPas further alternatively supported
`
`by 3GPP-#2 to have the feature(s) wherein a boundary of the frequency position of the
`
`narrowbandis different from a boundary of the frequencyposition of the RBGs, in order to
`
`provide PRB group definition, resource allocation and hopping, as taught by 3GPP-#2 (see
`
`section 1).
`
`3GPPclearly discloses the feature(s) indicated above as evidenced by the fact that
`
`one of ordinary skill
`
`in the art would clearly recognize. However,in the alternative, the
`
`examiner maintains that the feature(s) allocates a physical downlink shared channel
`
`(PDSCH)waswell knownin the art, as taught by 3GPP-#2.
`
`As further alternative support in the same field of endeavor, Kim discloses the
`
`feature(s) allocates a physical downlink shared channel (PDSCH){ (see pg. 3, [0051]; pg. 4,
`
`[0069]; pg. 10, [0167]), where the system hasallocation of the PDSCHandresources with
`
`different boundary }. As a note, Horiuchi at the least further discloses the feature(s) the size
`
`

`

`Application/Control Number: 15/810,589
`Art Unit: 2462
`
`Page5S
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`of each of the RBGsis specified according to a number of RBs thatis included in the system
`
`band { (see pg. 8, [0137]; pg. 13, [0234]) }.
`
`Therefore, it would have been obvious to one of ordinary skill
`
`in the art at the time
`
`the invention was made to combine the teachings of 3GPP and 3GPP-#2 as further
`
`alternatively supported by Kim to have the feature(s) allocates a physical downlink shared
`
`channel (PDSCH), in order to provide a method for transmitting areference signal, as taught
`
`by Kim (see pg. 1, [0007]). 3GPP inexplicitly discloses having the feature(s) the size of each
`
`of the RBGs is specified according to a number of RBs that is included in the system band.
`
`However, the examiner maintains that the feature(s) the size of each of the RBGsis specified
`
`according to a number of RBs that is included in the system band was well known in theart,
`
`as taught by Horiuchi.
`
`In the samefield of endeavor, Horiuchi discloses the feature(s) the size of each of the
`
`RBGsis specified according to a number of RBs that is included in the system band { (see
`
`pg. 1, [0004]) }.
`
`Therefore, it would have been obvious to one of ordinary skill
`
`in the art at the time
`
`the invention was made to combine the teachings of 3GPP, 3GPP-#2, Kim, and Horiuchi to
`
`have the feature(s) the size of each of the RBGsis specified according to anumber of RBs
`
`that is included in the system band, in order to provide a RBG size for a system band, as
`
`taught by Horiuchi (see pg. 1, [0004]).
`
`3GPPinexplicitly discloses having the feature(s) a transmitter which, in operation,
`
`transmits control information including a resource indication value (RIV) which indicates the
`
`plurality of RBs, wherein a single RIV indicates different sets of RBs on a frequency position
`
`of an allocated narrowband and a frequency position of resource block groups (RBGs) of a
`
`

`

`Application/Control Number: 15/810,589
`Art Unit: 2462
`
`Page 6
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`system band. However, the examiner maintains that the feature(s) a transmitter which, in
`
`operation, transmits control information including a resource indication value (RIV) which
`
`indicates the plurality of RBs, wherein a single RIV indicates different sets of RBs on a
`
`frequency position of an allocated narrowband and a frequency position of resource block
`
`groups (RBGs) of a system band was well knownin the art, as taught by Hong.
`
`In the same field of endeavor, Hong discloses the feature(s)
`
`a transmitter which, in operation, transmits control information including a resource
`
`indication value (RIV) which indicates the plurality of RBs, wherein a single RIV indicates
`
`different sets of RBs on a frequency position of an allocated narrowband and a frequency
`
`position of resource block groups (RBGs) of a system band { (see pg. 3, [0051]; pg. 11,
`
`[0141] }.
`
`Therefore, it would have been obvious to one of ordinary skill
`
`in the art at the time
`
`the invention was made to combine the teachings of 3GPP, 3GPP-#2, Kim, Horiuchi, and
`
`Hong to have the feature(s) a transmitter which, in operation, transmits control information
`
`including a resource indication value (RIV) which indicates the plurality of RBs, wherein a
`
`single RIV indicates different sets of RBs on a frequency position of an allocated narrowband
`
`and a frequency position of resource block groups (RBGs) of a system band, in order to
`
`provide a method and apparatus for effective resource allocation, as taught by Hong(see pg.
`
`1, [0006]).
`
`Regarding claim 16, the combination of 3GPP, 3GPP-#2, Kim, Horiuchi, and Hong
`
`discloses every limitation claimed, as applied above (see claim 1), in addition 3GPP further
`
`discloses the base station according to claim 1, wherein the frequency position of the
`
`

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`Application/Control Number: 15/810,589
`Art Unit: 2462
`
`Page 7
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`narrowbandis set based on an offset that is indicated by a higher layer signaling { (see
`
`pp./slides 2-5) }.
`
`Regarding claim 17,the combination of 3GPP, 3GPP-#2, Kim, Horiuchi, and Hong
`
`discloses every limitation claimed, as applied above (see claim 1), in addition 3GPP further
`
`discloses the base station according to claim 1, wherein the frequency position of the
`
`narrowbandis set based on an offset, the offset being different for each of a plurality of
`
`frequency bandwidths { (see pp./slides 2-5) }.
`
`Regarding claim 18, the combination of 3GPP, 3GPP-#2, Kim, Horiuchi, and Hong
`
`discloses every limitation claimed, as applied above (see claim 1), in addition 3GPP further
`
`discloses the base station according to claim 1, wherein the PDSCHis transmitted in
`
`different RBs which are shifted from RBs at different time in case of a frequency hopping {
`
`(see pp./slides 2-5)}.
`
`Regarding claim 19,the combination of 3GPP, 3GPP-#2, Kim, Horiuchi, and Hong
`
`discloses every limitation claimed, as applied above (see claim 1), in addition 3GPP further
`
`discloses the base station according to claim 1, wherein the control circuitry,
`
`in operation,
`
`allocates the PDSCH to a first RBG in a first narrowband and a second RBG in a second
`
`narrowband, allocations of RBGsin the first narrowband and the second narrowband are
`
`different from each other, and the first RBG includesafirst total number of RBs, and the
`
`second RBG includes a second total number of RBs equal to the first total number of RBs {
`
`(see pp./slides 2-5)}.
`
`Regarding claim 20,the combination of 3GPP, 3GPP-#2, Kim, Horiuchi, and Hong
`
`discloses every limitation claimed, as applied above (see claim 19), in addition 3GPP further
`
`discloses the base station according to claim 19, wherein the first RBG includes a first set of
`
`

`

`Application/Control Number: 15/810,589
`Art Unit: 2462
`
`Page 8
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`RBs, and the second RBG includes a second set of RBs different from the first set of RBs,
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`and the PDSCHis allocated to a single RBG in the first narrowband, and to a single RBG in
`
`the second narrowband { (see pp./slides 2-5) }.
`
`Regarding claim 21, the combination of 3GPP, 3GPP-#2, Kim, Horiuchi, and Hong
`
`discloses every limitation claimed, as applied above (see claim 19), in addition 3GPP further
`
`discloses the base station according to claim 19, wherein the first narrowband includes the
`
`first RBG and a portion of a third RBG, the second narrowband includes the second RBG
`
`and a portion of a fourth RBG, the portion of the third RBG includesathird total number of
`
`RBS thatis less than the first total number of RBs, and the portion of the fourth RBG
`
`includes a fourth total number of RBs that is less than the second total number of RBs { (see
`
`pp./slides 2-5) }. Asa note, Horiuchi at the least further discloses the feature(s) wherein the
`
`first narrowband includes the first RBG andaportion of a third RBG, the second narrowband
`
`includes the second RBG and a portion of a fourth RBG,the portion of the third RBG
`
`includes a third total number of RBS that is less than the first total number of RBs, and the
`
`portion of the fourth RBG includes a fourth total number of RBs that is less than the second
`
`total number of RBs { (see pg. 1, [0004]) }.
`
`Regarding claim 22,the combination of 3GPP, 3GPP-#2, Kim, Horiuchi, and Hong
`
`discloses every limitation claimed, as applied above (see claim 19), in addition 3GPP further
`
`discloses the base station according to claim 21, wherein the control circuitry does not
`
`allocate the PDSCHto the third RBG and the fourth RBG { (see pp./slides 2-5) }.
`
`Regarding claim 23, the combination of 3GPP, 3GPP-#2, Kim, Horiuchi, and Hong
`
`discloses every limitation claimed, as applied above (see claim 19), in addition 3GPP further
`
`discloses the base station according to claim 19, wherein the first narrowband includes the
`
`

`

`Application/Control Number: 15/810,589
`Art Unit: 2462
`
`Page 9
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`first RBG andafirst portion of a third RBG, the second narrowband includes the second
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`RBG and a secondportion of the third RBG, and the control circuitry does not allocate the
`
`PDSCHto the first and second portions of the third RBG { (see pp./slides 2-5) }.
`
`

`

`Application/Control Number: 15/810,589
`Art Unit: 2462
`
`Page 10
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`Response to Arguments
`
`7.
`
`Applicant's arguments with respect to claims 1, 10, 12-13, and 16-23 have been
`
`considered but are moot in view of the new ground(s) of rejection necessitated by the
`
`amended language, new limitations, and/or new claims.
`
`In response to applicant’s arguments, the Examiner respectfully disagrees as the
`
`applied reference(s) provide more than adequate support andto further clarify (see the above
`
`claims for relevant citations and comments in this section).
`
`Conclusion
`
`8.
`
`The prior art made of record and not relied upon is considered pertinent to applicant's
`
`disclosure.
`
`a. Kim etal. (US 9,515,759 B2) discloses method of demodulating data on new type of
`
`carrier wave.
`
`b. Hoshino etal. (US 9,065,527 B2) discloses relay station, base station and
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`communication method.
`
`c. Horiuchi et al. (US 9,295,045 B2) discloses basestation, relay station, transmission
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`method, and reception method.
`
`9.
`
`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).
`
`Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
`
`A shortened statutory period for reply to this final action is set to expire THREE
`
`
`
`MONTHSfrom the mailing date of this action. In the eventafirst reply is filed within TWO
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`

`

`Application/Control Number: 15/810,589
`Art Unit: 2462
`
`Page 11
`
`MONTHSof the mailing date of this final action and the advisory action is not mailed until
`
`after the end of the THREE-MONTHshortened statutory period, then the shortened statutory
`
`period will expire on the date the advisory action is mailed, and any extension fee pursuant to
`
`37 CFR 1.136(a) will be calculated from the mailing date of the advisory action.
`
`In no event,
`
`however, will the statutory period for reply expire later than SIX MONTHSfrom the date of
`
`this final action.
`
`10.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to WILLIE J DANIEL JR whosetelephone number is (571)272-
`
`7907. The examiner can normally be reached on 9 - 6.
`
`Examiner interviews are available via telephone, in-person, and video conferencing
`
`using a USPTOsupplied web-based collaboration tool. To schedule an interview, applicant is
`
`encouraged to use the USPTO Automated Interview Request (AIR)at
`
`http://www.uspto. gov/interviewpractice.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, Yemane Mesfin can be reached on (571) 272-3927. The fax phone numberfor
`
`the organization where this application or proceeding is assigned is 571-273-8300.
`
`Information regarding the status of an application may be obtained from the Patent
`
`Application Information Retrieval (PAIR) system. Status information for published
`
`applications may be obtained from either Private PAIR or Public PAIR. Status information
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`for unpublished applications is available through Private PAIR only. For more information
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`

`Application/Control Number: 15/810,589
`Art Unit: 2462
`
`Page 12
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`access to the automated information system, call 800-786-9199 (IN USA OR CANADA)or
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`571-272-1000.
`
`/WILLIE J DANIEL JR/
`Primary Examiner, Art Unit 2462
`
`WJDJr
`14 January 2021
`
`