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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`16/322, 857
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`02/01/2019
`
`LILEI WANG
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`731456.500USPC
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`9365
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`Seed IP Law Group LLP/Panason1e (PIPCA)
`701 5th Avenue, Suite 5400
`Seattle, WA 98104
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`SOB” KYAWZ
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`PAPER NUMBER
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`ART UNIT
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`2412
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`NOTIFICATION DATE
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`DELIVERY MODE
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`01/27/2020
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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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`017/09 A0170” Summary
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`Application No.
`16/322,857
`Examiner
`KYAW z SOE
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`Applicant(s)
`WANG et al.
`Art Unit
`2412
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`AIA (FITF) 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 02/01/2019.
`CI A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2a)[:] 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 Expade 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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`
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`[:1 Claim(s) _ is/are allowed.
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`Claim(s) 1—2,8,12,16 and 20 is/are rejected.
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`Claim(s) 3—7,9—11,13—15 and 17—19 is/are objected to.
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`) ) ) )
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`)
`are subject to restriction and/or election requirement
`C] Claim(s
`* 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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`httpfiwww.”smogovmatentsflnit_events[pph[index.'§p or send an inquiry to PPeredhack@gsptg.ggv.
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`Application Papers
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`10):] The specification is objected to by the Examiner.
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`11). The drawing(s) filed on 02/01/2019 is/are: a). accepted or b)D 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).
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`Priority under 35 U.S.C. § 119
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`12)D 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)I:i All
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`b)C] Some**
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`c)[j None of the:
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`1C] Certified copies of the priority documents have been received.
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`2E] Certified copies of the priority documents have been received in Application No.
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`3C] 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 Date_
`U.S. Patent and Trademark Office
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`3) E] 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 20200121
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`

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`Application/Control Number: 16/322,857
`Art Unit: 2412
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`Page 2
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`Detail Action
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`1.
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`2.
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`This office action is a response to an application submitted on 02/01/2019.
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`Claims 1— 20 are pending for examination.
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`Notice of Pre-AIA or AIA Status
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`3.
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`The present application, filed on or after March 16, 2013, is being examined under the
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`first inventor to file provisions of the AIA.
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`Information Disclosure Statement
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`4.
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`The information disclosure statement (IDS) were filed on 02/01/2019. The submission is
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`in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure
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`statement is being considered by the examiner.
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`Drawings
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`5.
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`The drawings were received on 02/01/2019. These drawings are acceptable for
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`examination proceedings.
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`Claim Rejections - 35 USC § 103
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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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`The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections
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`set forth in this Office action:
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`A patent for a claimed invention may not be obtained, notwithstanding that the claimed
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`invention is not identically disclosed as set forth in section 102, if the differences
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`between the claimed invention and the prior art are such that the claimed invention as
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`a whole would have been obvious before the effective filing date of the claimed
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`invention to a person having ordinary skill in the art to which the claimed invention
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`

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`Application/Control Number: 16/322,857
`Art Unit: 2412
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`Page 3
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`pertains. Patentability shall not be negated by the manner in which the invention was
`made.
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`The factual inquiries set forth in Graham v. John Deere C0,, 383 U.S. 1, 148 USPQ 459 (1966),
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`that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are
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`summarized as follows:
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`1. Determining the scope and contents of the prior art.
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`2. Ascertaining the differences between the prior art and the claims at issue.
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`3. Resolving the level of ordinary skill in the pertinent art.
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`4. Considering objective evidence present in the application indicating obviousness or
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`nonobviousness.
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`6.
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`Claims 1, 2, 8, 12, 16 and 20 are rejected under 35 U.S.C.103 as being unpatentable
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`over Dayal et al. [US 20140341125 A1] hereinafter ”Dayal”; and in further view of Yin et al. [US
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`20140198733 A1], hereinafter ”Yin”.
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`Regarding claim 1, Dayal teaches an apparatus, at a first node, comprising:
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`a transmitter, operative to transmit control channels and/or user shared channels to a
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`second node [Dayalz Abstract]; and
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`a controller, operative to make different interpretations on time and/or frequency
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`position indications in a control signaling for transmission ofthe user shared channels
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`[Dayalz Fig. 13; Par. 106—108 teaches of identifying the duration of the PDCCH and
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`operate on settling time]
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`

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`Application/Control Number: 16/322,857
`Art Unit: 2412
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`Page 4
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`However, Dayal does not teach transmission ofthe user shared channels according to a
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`subframe scheduling mode
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`Nevertheless, Yin, in the similar field of endeavor, teaches transmission ofthe user
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`shared channels according to a subframe scheduling mode [Yin: Fig. 6; par. 132—134
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`teaches of determining subframe type in a channels and schedule the downlink for the
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`flexible/ scheduling subframe].
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`Thus it would have been obvious to one of ordinary skill at the time the invention was
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`made to utilize the teachings of Yin for monitor the PDCCH and EPDCCH to schedule for the
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`flexible subframe. One of ordinary skill in the art would be motivated to utilize the teachings of
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`Dayal in the Yin system in order to determine whether a downlink is indicated for the subframe
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`scheduling [Yin: Par. 21].
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`Regarding claim 12, claim is an apparatus claim that is corresponded to perform the
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`same method/ limitations of claim 1, and comprised substantially same limitations. Therefore,
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`claim 12 is rejected and analyzed on the same ground of rejections as mentioned above in claim
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`Regarding claim 2, the combined Dayal in view of Yin teaches all the limitations ofthe
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`parent claim 1. The Dayal in view of Yin further teaches the control channels include
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`Physical Downlink Control Channel (PDCCH) [Dayal: Fig. 13, item 1305].
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`

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`Application/Control Number: 16/322,857
`Art Unit: 2412
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`Page 5
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`Regarding claims 8 and 16, the combined Dayal in view of Yin teaches all the limitations
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`of the parent claims 1 and 12. The Dayal in view of Yin further teaches define a fixed
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`time and/or frequency relationship between transmission ofthe control channel and
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`transmission of the user shared channel of sidelink [Dayalz Fig. 7—9 teaches of identifying
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`the settling time for uplink downlink channels].
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`Regarding claim 20, the combined Dayal in view of Yin teaches all the limitations of the
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`parent claim 1. The Dayal in view of Yin further teaches a system, at a first node,
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`comprising [Dayalz Abstract]: one or more processors;
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`a memory coupled with the one or more processors, storing computer programs
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`therein, when executed by the one or more processors, to perform a method as claimed
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`in claim 12 [Dayalz Par. 37 base station 105]
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`Allowable Subject Matter
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`7.
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`Claims 3-7, 9-11, 13-15, 17-19 would be allowable if rewritten to overcome the
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`rejection(s), set forth in this Office action and to include all ofthe limitations of the base claim
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`and any intervening claims.
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`Conclusion
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`8.
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`The prior art made of record (see attached PTO—892) and not relied upon is considered
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`pertinent to applicant's disclosure.
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`9.
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`A shortened statutory period for reply to this action is set to expire THREE MONTHS
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`from the mailing date of the action. An extension of time may be obtained under 37 CFR
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`

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`Application/Control Number: 16/322,857
`Art Unit: 2412
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`Page 6
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`1.136(a). However, in no event, will the statutory period for reply expire later than SIX MONTHS
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`from the mailing date of this action.
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`Any inquiry concerning this communication or earlier communications from the examiner
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`should be directed to KYAW Z SOE whose telephone number is (571)270-0304. The examiner can
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`normally be reached on 9am-5pm.
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`Examiner interviews are available via telephone, in-person, and video conferencing using a
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`USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use
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`the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor,
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`Charles C Jiang can be reached on 5712707191. The fax phone number for the organization where this
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`application or proceeding is assigned is 571-273-8300.
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`Information regarding the status of an application may be obtained from the Patent Application
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`Information Retrieval (PAIR) system. Status information for published applications may be obtained
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`from either Private PAIR or Public PAIR. Status information for unpublished applications is available
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`through Private PAIR only. For more information about the PAIR system, see http://pair-
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`direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic
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`Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer
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`Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR
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`CANADA) or 571-272-1000.
`
`/KYAW Z SOE/
`Examiner, Art Unit 2412
`
`