www.uspto.gov
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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
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`NOTIFICATION DATE
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`DELIVERY MODE
`
`04/01/2021
`
`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)
`
`

`

`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 2 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
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`
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`1) Responsive to communication(s) filed on 03/17/2021.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`2a)L) 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.
`
`Disposition of Claims*
`1,10,12-13 and 16-23 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) 1,10,12-13 and 16-23 is/are withdrawn from consideration.
`1) Claim(s)__ is/are allowed.
`(J Claim(s)___ is/are rejected.
`)
`() Claim(s)
`is/are objected to.
`)
`CJ) Claim(s
`are subject to 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 08---01
`
`

`

`Application/Control Number: 15/810,589
`Art Unit: 2462
`
`Page 2
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`DETAILED ACTION
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`1. This action is in response to applicant’s amendmentfiled on 17 March 2021. Claims1, 10,
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`12-13, and 16-23 are now pendingin the present application and claims 2-9, 11, and 14-15
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`are cancelled.
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`Notice of Pre-AIA or AIA Status
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`2. The present application, filed on or after March 16, 2013, is being examined underthefirst
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`inventorto file provisions of the AJA.
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`Priority
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`3. Receipt is acknowledged ofcertified copies of papers required by 37 CFR 1.55.
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`4. Should applicant desire to obtain the benefit of foreign priority under 35 U.S.C. 119(a)-(d)
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`prior to declaration of an interference, a certified English translation of the foreign
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`application must be submitted in reply to this action. 37 CFR 41.154(b) and 41.202(e).
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`Failure to provide a certified translation mayresult in no benefit being accorded for the non-
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`English application.
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`Response to Amendment
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`5. The reply filed on 17 March 2021 is not fully responsive to the prior Office action because of
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`the following omission(s) or matter(s):
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`a. Omission to provide claimslimited to the original elected invention. Applicant
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`presented claims 1, 10, 12-13, and 16-23 that are directed to an invention distinct
`
`

`

`Application/Control Number: 15/810,589
`Art Unit: 2462
`
`Page 3
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`from and independentof the invention previously claimed. See MPEP § 821.03 and
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`37 CFR 1.145.
`
`See 37 CFR 1.111. Since the above-mentioned reply appears to be bonafide, applicantis
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`given a TIME PERIOD of TWO (2) MONTHSfrom the mailing date of this notice within
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`which to supply the omission or correction in order to avoid abandonment. EXTENSIONS
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`OF THIS TIME PERIOD MAY BE GRANTED UNDER37 CFR 1.136(a).
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`6. See MPEP § 714.03. [Likewise, once an inadvertent omission is broughtto the attention of
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`the applicant, the question of inadvertence no longer exists. Therefore, a second Office
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`action giving another new (2 month) time period to supply the omission would not be
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`appropriate under 37 CFR 1.135(c). 37 CFR 1.135(c) authorizes, but does not require, an
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`examinerto give the applicant a new time period to supply an omission. Thus, where the
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`examiner concludesthat the applicant is attempting to abuse the practice under 37 CFR
`
`1.135(c) to obtain additional time for filing a reply (or where there is sufficient time for
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`applicant’s reply to be filed within the time period for reply to the non-final Office action),
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`the examinerneed only indicate by telephone or in an Office communication (as discussed
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`above) that the reply must be completed within the period for reply to the non-final Office
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`action or within any extension pursuant to 37 CFR 1.136(a) to avoid abandonment.]
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`

`

`Application/Control Number: 15/810,589
`Art Unit: 2462
`
`Page 4
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`Election/Restrictions
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`7.
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`Newly submitted claims 1, 10, 12, and 13 (including dependent 16-23) are directed
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`to an invention that is independentor distinct from the invention originally claimed for the
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`following reasons:
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`a. Claims 1, 10, 12, and 13 recites the limitations “...a transmitter which, in
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`operation, transmits control information including a resource indication
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`value (RIV) which indicates the plurality of RBs, wherein a single RIV
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`indicates different sets of RBs based on a relation between a frequency
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`boundaryof an allocated narrowband...” in line(s) 4 et seq. of claim 1.
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`Regarding claims 1, 10, 12-13, and 16-23, the limitations present an independent
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`and/or distinguishable aspect of the claims that clearly differs from the originally presented
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`invention.
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`Since applicant has received an action on the merits for the originally presented
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`invention, this invention has been constructively elected by original presentation for
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`prosecution on the merits. Accordingly, claims 1, 10, 12-13, and 16-23 withdrawn from
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`consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP
`
`§ 821.03.
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`

`

`Application/Control Number: 15/810,589
`Art Unit: 2462
`
`Page 5
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`8. This list of examplesis not intended to be exhaustive.
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`Conclusion
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`9.
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`Theprior art made of record and notrelied upon is considered pertinent to applicant's
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`disclosure.
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`a. Kimetal. (US 9,515,759 B2) discloses method of demodulating data on new type of
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`carrier wave.
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`b. Hoshinoet al. (US 9,065,527 B2) discloses relay station, base station and
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`communication method.
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`c. Horiuchi et al. (US 9,295,045 B2) discloses base station, relay station, transmission
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`method, and reception method.
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`10.
`
`Anyinquiry concerning this communication or earlier communications from the
`
`examiner should be directed to WILLIE J DANIEL JR whose telephone numberis (571)272-
`
`7907. The examiner can normally be reached on 9 - 6.
`
`Examinerinterviews are available via telephone, in-person, and video conferencing
`
`using a USPTO supplied 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 examinerby telephone are unsuccessful, the examiner’s
`
`supervisor, Yemane Mesfin can be reached on (571) 272-3927. The fax phone numberfor
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`the organization wherethis application or proceeding is assigned is 571-273-8300.
`
`

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`Application/Control Number: 15/810,589
`Art Unit: 2462
`
`Page 6
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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 may be obtained from either Private PAIR or Public PAIR. Status information
`
`for unpublished applications is available through Private PAIR only. For more information
`
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`
`to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197
`
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`
`access to the automated information system, call 800-786-9199 (IN USA OR CANADA)or
`
`571-272-1000.
`
`/WILLIE J DANIEL JR/
`Primary Examiner, Art Unit 2462
`
`WJD.Jr
`26 March 2021
`
`