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
`
`15/908,536
`
`02/28/2018
`
`MASASHI KOBAYASHI
`
`731156690
`
`9020
`
`Seed IP Law Group LLP/Panason1e
`701 Fifth Avenue, Suite 5400
`Seattle, WA 98104
`
`NEFF' MICHAEL R
`
`ART UNIT
`
`2631
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`09/09/2019
`
`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):
`US PTOeACtion @ SeedIP .Com
`
`pairlinkdktg @ seedip .eom
`
`PTOL-90A (Rev. 04/07)
`
`

`

`0/7709 A0170” Summary
`
`Application No.
`15/908,536
`Examiner
`MICHAEL R NEFF
`
`Applicant(s)
`KOBAYASHI et al.
`Art Unit
`AIA (FITF) Status
`2631
`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
`
`1). Responsive to communication(s) filed on 7/12/2019.
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2a). This action is FINAL.
`
`2b) C] This action is non-final.
`
`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.
`
`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.
`
`Disposition of Claims*
`5)
`Claim(s)
`
`1—11 is/are pending in the application.
`
`5a) Of the above claim(s)
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`is/are withdrawn from consideration.
`
`E] Claim(s)
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`is/are allowed.
`
`Claim(s) 1—2 and 5—7 is/are rejected.
`
`Claim(s) 3—4 and 8-11 is/are objected to.
`
`) ) ) )
`
`6 7
`
`8
`
`
`
`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
`
`participating intellectual property office for the corresponding application. For more information, please see
`
`http://www.uspto.gov/patents/init events/pph/index.'sp 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
`
`is/are: a)C] accepted or b)Ej 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)C] Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`a)CI All
`
`b)C] Some**
`
`c)CI None of the:
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`1C] Certified copies of the priority documents have been received.
`
`2C] 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) C] Notice of References Cited (PTO-892)
`
`2) D Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date_
`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)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20190903
`
`

`

`Application/Control Number: 15/908,536
`Art Unit: 2631
`
`Page 2
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`DETAILED ACTION
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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
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`under the first inventor to file provisions of the AIA.
`
`Response to Arguments
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`2.
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`Applicant's arguments filed 7/12/2019 have been fully considered but they are
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`not persuasive. The Examiner has reviewed the entered amendments and associated
`
`remarks, and respectfully disagrees that the limitations are not encompassed and
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`disclosed by the previously cited prior arts.
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`3.
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`Applicant's arguments do not comply with 37 CFR 1.111(c) because they do not
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`clearly point out the patentable novelty which he or she thinks the claims present in view
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`of the state of the art disclosed by the references cited or the objections made. Further,
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`they do not show how the amendments avoid such references or objections.
`
`a.
`
`The applicant has amended the independent claims to incorporate the
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`limitation wherein the first beam is ‘determined before the first data
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`communication’. However in the remarks filed it is not made entirely clear what
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`in the provided disclosure is meant to support this limitation. Further there are no
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`specific arguments made clearly denoting the differences between the cited
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`references and the newly entered limitations. As such the Examiner reads the
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`‘predetermined’ and ‘known’ elements of the prior art transmit and receive
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`processing as noted below to encompass the ‘before’ limitation.
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`

`

`Application/Control Number: 15/908,536
`Art Unit: 2631
`
`Page 3
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`Claim Rejections - 35 USC § 103
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`4.
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`The text of those sections of Title 35, U.S. Code not included in this action can
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`be found in a prior Office action.
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`5.
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`Claims 1, 5 and 7 are rejected under 35 U.S.C. 103 as being unpatentable
`
`over Tsutsui (herein after Tsu) (US Pub 20080318606) in view of Pan (US Pub
`
`20090093221 ).
`
`Re claim 1, Tsu discloses a terminal device, comprising: communication circuitry
`
`(Figure 2 element 2 ‘receiver side’ comprising elements 21, 24, 27; Paragraphs 90, 94,
`
`104-105, 112-113) that carries out first data communication (Paragraphs 86-89, 90, 94)
`
`with a base station device (Figure 2 element 1 ‘transmitter side’ communications from
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`elements 16 to 21; Paragraph 84, 86-89, 90, 94) by using a first beam that is
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`determined before the first data communication (Paragraphs 87, 92-93) and then
`
`receives (Paragraph 84, 86-89, 90, 94), by using a reception beam (Paragraph 84, 86-
`
`89, 90, 94), a plurality of first signals that the base station device transmits (Paragraph
`
`84, 86-89, 90, 94) by using a plurality of transmission beams, respectively (Figure 2
`
`element; Paragraphs 90, 94, 104-105, 112-113); and
`
`determination circuitry (Figure 2 elements 24, 27; Paragraphs 84, 90, 94, 104-
`
`105, 112-113) that calculates a reception quality of each of the plurality of first signals
`
`(Figure 2 elements 24,27; Paragraphs 84, 90, 94, 104-105, 112-113) and determines a
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`second beam (Figure 2 elements 24, 27; Paragraphs 84, 90, 94, 104-105, 112-113) of
`
`which the reception quality (Figure 2 elements 24, 27; Paragraphs 84, 90, 94, 104-105,
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`112-113) is the highest among the plurality of transmission beams (Figure 2 elements
`
`24,27; Paragraphs 84, 90, 94, 104-105, 112-113),
`
`

`

`Application/Control Number: 15/908,536
`Art Unit: 2631
`
`Page 4
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`wherein the communication circuitry transmits a feedback signal (Figure 2
`
`‘feedback’; Paragraphs 84, 96, 104-105, 112-113) including information indicating
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`the second beam to the base station device (Figure 2 ‘feedback’ to ‘feedback
`
`information’ elements; Paragraphs 84, 96, 104-105, 112-113) by using the first beam
`
`and starts second data communication with the base station device (Figure 2 ‘feedback’
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`to ‘feedback information’ elements; Paragraphs 84, 96, 104-105, 112-113); however
`
`Tsu fails to explicitly disclose wherein (1) the circuitry starts a second data
`
`communication with the base station device by using the first beam in a case in which
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`the communication circuitry receives, from the base station device, a response signal
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`indicating that the feedback signal is received by the base station device.
`
`This design is however disclosed by Pan. Pan discloses wherein the circuitry
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`starts a second data communication (Paragraphs 22-24) with the base station device
`
`by using the first beam in a case in which the communication circuitry receives
`
`(Paragraphs 22-24), from the base station device (Paragraphs 22-24), a response
`
`signal indicating that the feedback signal is received by the base station device
`
`(Paragraphs 22-24).
`
`Therefore it would have been obvious to one of ordinary skill in the art at the time
`
`the invention was made to modify the disclosure of Tsu in order to include a
`
`feedback acknowledgment in the subsequent base station communication as shown in
`
`Pan in order to improve the efficiency and known elements in a communication
`
`design between two components by indicating to the user that the beam
`
`

`

`Application/Control Number: 15/908,536
`Art Unit: 2631
`
`Page 5
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`manipulation suggested in the feedback information has been acquired and
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`successfully implemented.
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`Re claim 5, Tsu discloses a base station device (Figure 2 element 1 ‘transmitter
`
`side’; Paragraph 84, 86-89, 90, 94), comprising:
`
`a controller (Figure 2 elements 15/13; Paragraph 84-86) that generates a plurality
`
`of first signals (Figure 2 elements 15/13; Paragraph 84-86); and
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`communication circuitry (Figure 2 elements 14/17/16; Paragraph 84, 86-89) that
`
`carries out first data communication (Figure 2 elements 14/17/16; Paragraph 84, 86-89)
`
`with a terminal device (Figure 2 elements 14/17/16; Paragraph 84, 86-89) that uses a
`
`first beam that is determined before the first data communication (Paragraphs 87, 92-
`
`93) and then transmits (Figure 2 elements 14/17/16; Paragraph 84, 86-89), to the
`
`terminal device, the plurality of first signals (Figure 2 elements 14/17/16; Paragraph 84,
`
`86-89) by using a plurality of transmission beams, respectively (Figure 2
`
`elements 14/17/16; Paragraph 84, 86-89), wherein the plurality of transmission beams
`
`include a second beam (Paragraphs 84, 86-88, 94, 104-105, 112-113) of which
`
`reception quality is the highest (Paragraphs 84, 86-88, 94, 104-105, 112-113) in a case
`
`in which the first signals are received (Paragraphs 84, 86-88, 94, 104-105, 112-113)
`
`with the use of a reception beam of the terminal device (Paragraphs 84, 86-88, 94, 104-
`
`105, 112-113), and
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`wherein, in a case in which a feedback signal (Paragraphs 84, 86-88, 94, 104-
`
`105, 112-113) including the second beam is received from the terminal device (Figure 1
`
`‘feedback information’; Paragraphs 84, 86-88, 94, 104-105, 112-113) and starts
`
`

`

`Application/Control Number: 15/908,536
`Art Unit: 2631
`
`Page 6
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`second data communication with the terminal device (Paragraphs 84, 86-88, 94, 104-
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`105, 112-113), but fails to explicitly disclose wherein (1) the communication circuitry
`
`transmits a response signal to the terminal device by using the second beam and starts
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`second data communication with the terminal device by using the first beam.
`
`Regarding item (1) above this design is however disclosed by Pan. Pan discloses
`
`the communication circuitry transmits a response signal to the terminal
`
`device (Paragraphs 22-24) by using the second beam (Paragraphs 22-24) and starts
`
`second data communication (Paragraphs 22-24) with the terminal device by using the
`
`first beam (Paragraphs 22-24).
`
`Therefore it would have been obvious to one of ordinary skill in the art at the time
`
`the invention was made to modify the disclosure of Tsu in order to include a
`
`feedback acknowledgment in the subsequent base station communication as shown in
`
`Pan in order to improve the efficiency and known elements in a communication
`
`design between two components by indicating to the user that the beam
`
`manipulation suggested in the feedback information has been acquired and
`
`successfully implemented.
`
`Re claim 7, Tsu discloses a wireless communication system, comprising:
`
`a base station device (Figure 2 element 1 ‘transmitter side’; Paragraph 84, 86-89,
`
`90, 94) that includes a controller (Figure 2 elements 15/13; Paragraph 84-86)
`
`that generates a plurality of first signals (Figure 2 elements 15/13; Paragraph 84-86)
`
`and
`
`

`

`Application/Control Number: 15/908,536
`Art Unit: 2631
`
`Page 7
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`second communication circuitry (Figure 2 elements 14/17/16; Paragraph 84, 86-
`
`89) that transmits the plurality of first signals (Figure 2 elements 14/17/16; Paragraph
`
`84, 86-89) by using a plurality of second transmission beams, respectively (Figure 2
`
`elements 14/17/16; Paragraph 84, 86-89); and
`
`a terminal device (Figure 2 element 2 ‘receiver side’ comprising elements 21, 24,
`
`27; Paragraphs 90, 94, 104-105, 112-113) that includes
`
`first communication circuitry (Figure 2 element 2 ‘receiver side’ comprising
`
`elements 21, 24, 27; Paragraphs 90, 94, 104-105, 112-113) that carries out first data
`
`communication (Figure 2 element 2 ‘receiver side’ comprising elements 21, 24, 27;
`
`Paragraphs 90, 94, 104-105, 112-113) with the base station device by using a first
`
`beam (Figure 2 element 2 ‘receiver side’ comprising elements 21, 24, 27; Paragraphs
`
`90, 94, 104-105, 112-113) that is determined before the first data communication
`
`(Paragraphs 87, 92-93) and then receives the plurality of first signals by using a
`
`reception beam (Figure 2 element 2 ‘receiver side’ comprising elements 21, 24, 27;
`
`Paragraphs 90, 94, 104-105, 112-113), and
`
`first determination circuitry (Figure 2 elements 24, 27; Paragraphs 84, 90,
`
`94, 104-105, 112-113) that calculates a reception quality of each of the plurality of first
`
`signals (Figure 2 elements 24, 27; Paragraphs 84,90, 94, 104-105, 112-113) and
`
`determines a second beam (Figure 2 elements 24, 27; Paragraphs 84, 90, 94, 104-105,
`
`112-113) of which the reception quality is the highest (Figure 2 elements 24,27;
`
`Paragraphs 84, 90, 94, 104-105, 112-113) among the plurality of second transmission
`
`beams (Figure 2 elements 24,27; Paragraphs 84, 90,94, 104-105, 112-113),
`
`

`

`Application/Control Number: 15/908,536
`Art Unit: 2631
`
`Page 8
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`wherein the first communication circuitry transmits a first feedback signal (Figure
`
`1 ‘feedback information’; Paragraphs 84, 86-88, 94, 104-105, 112-113)
`
`including information indicating the second beam (Figure 1 ‘feedback information’;
`
`Paragraphs 84, 86-88, 94, 104-105, 112-113) to the base station device by using the
`
`first beam (Figure 1 ‘feedback information’; Paragraphs 84, 86-88, 94, 104-105, 112-
`
`113), and
`
`wherein, in a case in which the first response signal is received (Paragraphs
`
`84, 86-88, 94, 104-105, 112-113) from the base station device by using the first
`
`beam (Paragraphs 84, 86-88, 94, 104-105, 112-113), the first communication circuitry
`
`starts second data communication (Paragraphs 84, 86-88, 94, 104-105, 112-113) with
`
`the base station device after the first data communication (Paragraphs 84, 86-88, 94,
`
`104-105, 112-113); however Tsu fails to explicitly disclose wherein (1) in a case in
`
`which the first feedback signal is received, the second communication circuitry transmits
`
`a first response signal to the terminal device by using the second beam; and wherein, in
`
`a case in which the first response signal is received from the base station device by
`
`using the first beam, the first communication circuitry starts second data communication
`
`with the base station device by using the first beam after the first data communication.
`
`Regarding item (1) above this design is however disclosed by Pan. Pan discloses
`
`wherein in a case in which the first feedback signal is received (Paragraphs 22-24), the
`
`second communication circuitry transmits a first response signal (Paragraphs 22-24) to
`
`the terminal device by using the second beam (Paragraphs 22-24) and wherein, in a
`
`case in which the first response signal is received from the base station device by using
`
`the first beam (Paragraphs 22-24), the first communication circuitry starts second data
`
`

`

`Application/Control Number: 15/908,536
`Art Unit: 2631
`
`Page 9
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`communication (Paragraphs 22-24) with the base station device by using the first beam
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`(Paragraphs 22-24) after the first data communication (Paragraphs 22-24).
`
`Therefore it would have been obvious to one of ordinary skill in the art at the time
`
`the invention was made to modify the disclosure of Tsu in order to include a
`
`feedback acknowledgment in the subsequent base station communication as shown in
`
`Pan in order to improve the efficiency and known elements in a communication
`
`design between two components by indicating to the user that the beam manipulation
`
`suggested in the feedback information has been acquired and successfully
`
`implemented.
`
`6.
`
`Claims 2 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Tsu and Pan as applied to claims 1 and 5 above, and further in view of Kwak (US
`
`Patent 20150282001).
`
`Re claim 2, the combined disclosure of Tsu and Pan as a whole discloses the
`
`terminal device according to Claim 1, but fails however to explicitly disclose wherein
`
`the plurality of first signals are included in a beacon that the base station device
`
`transmits to the terminal device.
`
`This design is however disclosed by Kwak. Kwak discloses wherein the plurality
`
`of first signals are included in a beacon (Paragraph 43) that the base station device
`
`transmits to the terminal device (Paragraph 43).
`
`Therefore it would have been obvious to one of ordinary skill in the art at the time
`
`the invention was made to modify the disclosure of Tsu in order to incorporate
`
`

`

`Application/Control Number: 15/908,536
`Art Unit: 2631
`
`Page 10
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`the beacon signaling as shown in Kwak in order to effectively locate and
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`establish communication pairings in the given environment.
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`Re claim 6, the combined disclosure of Tsu and Pan as a whole discloses the
`
`base station device according to Claim 5, but fails however to explicitly disclose
`
`wherein the plurality of first signals are included in a beacon that the base station device
`
`transmits to the terminal device.
`
`This design is however disclosed by Kwak. Kwak discloses wherein the plurality
`
`of first signals are included in a beacon (Paragraph 43) that the base station device
`
`transmits to the terminal device (Paragraph 43).
`
`Therefore it would have been obvious to one of ordinary skill in the art at the time
`
`the invention was made to modify the disclosure of Tsu in order to incorporate
`
`the beacon signaling as shown in Kwak in order to effectively locate and
`
`establish communication pairings in the given environment.
`
`Allowable Subject Matter
`
`7.
`
`Claims 3, 4, 8-11 are objected to as being dependent upon a rejected base
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`claim, but would be allowable if rewritten in independent form including all of the
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`limitations of the base claim and any intervening claims.
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`8.
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`The following is a statement of reasons for the indication of allowable subject
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`matter: The prior art of record fails to anticipate or render obvious the limitations of the
`
`above cited claims. Re claims 3 and 9, the prior art fails to disclose the prevention of
`
`a feedback communication dependent on the quality processing. Re claim 8, the prior
`
`

`

`Application/Control Number: 15/908,536
`Art Unit: 2631
`
`Page 11
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`art fails to disclose the specific disclosed communication processing in light of the
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`response signal being not received.
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`Conclusion
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`9.
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`THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time
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`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
`
`MONTHS from the mailing date of this action.
`
`In the event a first reply is filed within
`
`TWO MONTHS of the mailing date of this final action and the advisory action is not
`
`mailed until after the end of the THREE-MONTH shortened statutory period, then the
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`shortened statutory period will expire on the date the advisory action is mailed, and any
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`extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of
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`the advisory action.
`
`In no event, however, will the statutory period for reply expire later
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`than SIX MONTHS from the mailing date of this final action.
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`10.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to MICHAEL R NEFF whose telephone number is
`
`(571)270-1848. The examiner can normally be reached on Monday-Thursday; 6:30
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`AM-4:30 PM EST.
`
`Examiner interviews 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.
`
`

`

`Application/Control Number: 15/908,536
`Art Unit: 2631
`
`Page 12
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Shuwang Liu can be reached on 5712723036. The fax phone number for
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`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 for unpublished applications is available through Private PAIR only.
`
`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
`
`you have questions on access to the Private PAIR system, contact the Electronic
`
`Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a
`
`USPTO Customer Service Representative or access to the automated information
`
`system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
`
`/MICHAEL R NEFF/
`
`Primary Examiner, Art Unit 2631
`
`