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
`
`16/353,862
`
`03/14/2019
`
`Toru Oizumi
`
`733456.503C3
`
`4365
`
`Seed IP Law Group LLP/Panason1e (PIPCA)
`701 5th Avenue, Suite 5400
`Seattle, WA 98104
`
`BROCKMAN‘ ANGEL T
`
`ART UNIT
`
`2463
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`05/16/2019
`
`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.
`16/353,862
`Examiner
`ANGEL T BROCKMAN
`
`Applicant(s)
`Oizumi, Toru
`Art Unit
`2463
`
`AIA (FITF) Status
`NO
`
`- 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 03/14/2019.
`[: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.
`
`2b)
`
`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—16 is/are pending in the application.
`
`5a) Of the above claim(s)
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`is/are withdrawn from consideration.
`
`E] Claim(s)
`
`is/are allowed.
`
`Claim(s) fl is/are rejected.
`
`[: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 aflowabie. 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.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 03/14/2019 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:
`
`a). All
`
`b)D Some**
`
`C)D None of the:
`
`1.. Certified copies of the priority documents have been received.
`
`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)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`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-
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20190513
`
`

`

`Application/Control Number: 16/353,862
`Art Unit: 2463
`
`Page 2
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`DETAILED ACTION
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`Notice of Pre-AIA or AIA Status
`
`The present application is being examined under the pre-AIAfirst to invent provisions.
`
`Double Patenting
`
`The nonstatutory double patenting rejection is based on ajudicially created doctrine grounded
`
`in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise
`
`extension ofthe ”right to exclude" granted by a patent and to prevent possible harassment by multiple
`
`assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not
`
`identical, but at least one examined application claim is not patenta bly distinct from the reference
`
`claim(s) because the examined application claim is eitheranticipated by, or would have been obvious
`
`over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re
`
`Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed.
`
`Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164
`
`USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
`
`A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to
`
`overcome an actual or provisional rejection based on nonstatutory double patenting provided the
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`reference application or patent eitheris shown to be commonly owned with the examined application,
`
`or claims an invention made as a result of activities undertaken within the scope of a joint research
`
`agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file
`
`provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for
`
`applications not subject to examination under the first inventor to file provisions of the AIA. A terminal
`
`disclaimer must be signed in compliance with 37 CFR 1.321(b).
`
`The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit
`
`www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed
`
`

`

`Application/Control Number: 16/353,862
`Art Unit: 2463
`
`Page 3
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`determines whatform (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA/25, or PTO/AIA/26) should be used. A
`
`web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal
`
`Disclaimer that meetsall requirements is auto-processed and approved immediately upon submission.
`
`For more information about eTerminal Disclaimers, refer to
`
`www. uspto.gov/patents/process/file/efs/guida nce/eTD -info-| .jsp.
`
`Claim 1 is rejected on the ground of nonstatutory double patenting as being
`
`unpatentable over claim 1 of US. Patent Publication No. 2018/0279302 A1. Although the claims
`
`at issue are not identical,
`
`they are not patentably distinct from each other because Oizumi
`
`discloses an integrated circuit to controi a process” the process comprising: generating 3
`
`response signai based on error detection resuits oi downiink data transmitted in one or more
`
`component carriers incitiding s first component carrier and a second component carrier that are
`
`aggregated in a cerriereggregetion; and transmitting the generated response signei in a npiink
`
`oontroi chennei based on a mapping ruie, wherein: the mapping ruie associates the error
`
`detection resoits with one oi e piuraiity of resources used for transmission of the opiink controi
`
`channeis the pinraiity oi resources incioding a iirsi resource and a second resource; error
`
`detection resoits when the downiink date is received oniy in the tirst component carrier are
`
`associated with the first resource that is manned on the first component carrier; error detection
`
`resnits when the downiink date is received oniy in the second component carrier are associated
`
`with the second resource that is mapped on the second component carrier; thetirst resource is
`
`associated with a first index ct one or more centroi ohennei eiements in which downiink controi
`
`information received in the first component carrier is mapped; and the second resource is
`
`associated with a second index of one or more controi channei eiernents in senior: downiinir
`
`controi information received in the second component carrier is mapped,
`
`

`

`Application/Control Number: 16/353,862
`Art Unit: 2463
`
`Page4
`
`Claim 2 is rejected on the ground of nonstatutory double patenting as being
`
`unpatentable over claim 1 of US. Patent Publication No. 2018/0279302 A1. Although the claims
`
`at issue are not identical,
`
`they are not patentably distinct from each other because Oizumi
`
`discloses circuitry which, in operation, controls the processgat ieaet one input coupled to the
`
`circuitry, wherein the at least one input, in operation, inputeclata; and at ieaet one output
`
`coupied to the circuitry, nherein the at ieeet one output, in operation, outptitsdata.
`
`Claim 3 is rejected on the ground of nonstatutory double patenting as being unpatentable over
`
`claim 2 of US. Patent Publication No. 2018/0279302 A1. Although the claims atissue are not
`
`identical,
`
`they are not patentably distinct from each other because Oizumi discloses wherein
`
`error detection results inciticiing ACK or MACK for the downlink data in the first component
`
`carrier and MACK or DTX for the ticwniink data in the second component carrier are associated
`
`with the first resource,
`
`Claim 4 is rejected on the ground of nonstatutory double patenting as being
`
`unpatentable over claim 3 of US. Patent Publication No. 2018/0279302 A1. Although the claims
`
`at issue are not identical,
`
`they are not patentably distinct from each other because Oizumi
`
`discloses wherein a probability oi occurrence of erroroetection results associated with the first
`
`resource is tower than a probabiiity of occurrence of error detection reenits associated with the
`
`second resource.
`
`Claim 5 is rejected on the ground of nonstatutory double patenting as being
`
`unpatentable over claim 4 of US. Patent Publication No. 2018/0279302 A1. Although the claims
`
`at issue are not identical,
`
`they are not patentably distinct from each other because Oizumi
`
`discloses wherein in an FDD (Frequency Bivision Duplex) system, an association of error
`
`detection reetiits with the first resource supports ialihacit to Format la or Format lh,
`
`

`

`Application/Control Number: 16/353,862
`Art Unit: 2463
`
`Page 5
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`Claim 6 is rejected on the ground of nonstatutory double patenting as being
`
`unpatentable over claim 5 of US. Patent Publication No. 2018/0279302 A1. Although the claims
`
`at issue are not identical,
`
`they are not patentably distinct from each other because Oizumi
`
`discloses wherein in a TDD (Time Divisien Duplex) system, an esseeiatien at errer detention
`
`results with the first resauree supports taliback te Format la.
`
`Claim 7 is rejected on the ground of nonstatutory double patenting as being
`
`unpatentable over claim 6 of US. Patent Publication No. 2018/0279302 A1. Although the claims
`
`at issue are not identical,
`
`they are not patentably distinct from each other because Oizumi
`
`discloses wherein the tirst eemeenent carrier is a hand used by a base statien having a wide
`
`coverage and the seeend cemenneni carrier is a band used by a base statien having a narrow
`
`coverage.
`
`Claim 8 is rejected on the ground of nonstatutory double patenting as being
`
`unpatentable over claim 8 of US. Patent Publication No. 2018/0279302 A1. Although the claims
`
`at issue are not identical,
`
`they are not patentably distinct from each other because Oizumi
`
`discloses wherein the at ieast ene cutest and the at least one input, in eneratien, are counted te
`
`an antenna.
`
`Claim 9 is rejected on the ground of nonstatutory double patenting as being
`
`unpatentable over claim 7 of US. Patent Publication No. 2018/0279302 A1. Although the claims
`
`at issue are not identical,
`
`they are not patentably distinct from each other because Oizumi
`
`discloses an integrated Circuit eemnrising circuitry, which, in eeeratien: generates a reseense
`
`signal eased en errer deteetien results at downlink data transmitted in ene er more eerneenent
`
`carriers including a first eernnenent carrier and a second eernpenent carrier that are aggregated
`
`in a carrier aggregation; and enntrnis transmission at the generated reseanse signai in a uniinlt
`
`

`

`Application/Control Number: 16/353,862
`Art Unit: 2463
`
`Page 6
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`eentrei ehannei based en 3 mapping rate” wherein: the mapping rtiie asseeiates the errer
`
`detection resuite with one et a eiureiity ei‘ reeeureee used ter transmission of the Laeiihk eentrei
`
`ehannei, the eiuraiity et reseurees ineiuding a first reseuree and a eeeend reseuree; errer
`
`detection restaits when the CEOWt'titi‘iii data is reeeived ehiy in the first eempeneht carrier are
`
`associated with the first resetiree that is mapped en the first eempenent carrier; error detection
`
`resnits when the dewniinit date is reeeived oniy in the se eehd eemeeneht eerrier ere esseeieteci
`
`with the seeend reeeuree that is mapped en the seeend eemeenent carrier; the first reseuree is
`
`asseeisted with a first index of one or mere eentrei ehenhei eiemehts in which dewniintt eentrei
`
`information received in the first eernpenent carrier is mapped; and the seeend resource is
`
`asseeieted with a seeehd index et one er mere eontrei shennei eiements ih whieh devetiinis
`
`sentrei intermatien received in the seeenci somneiientearrier is maneed.
`
`Claim 10 is rejected on the ground of nonstatutory double patenting as being
`
`unpatentable over claim 7 of US. Patent Publication No. 2018/0279302 Al. Although the claims
`
`at issue are not identical,
`
`they are not patentably distinct from each other because Oizumi
`
`discloses st ieest one input eeneied to the cireuitrys wherein the at ieast one input, in eeeratiens
`
`ineuts data; and at ieeet one euteut eeueted te the circuitry, wherein the at ieast ehe euteut, in
`
`eeeretienq outputs data
`
`Claim ll is rejected on the ground of nonstatutory double patenting as being
`
`unpatentable over claim 8 of US. Patent Publication No. 2018/0279302 Al. Although the claims
`
`at issue are not identical,
`
`they are not patentably distinct from each other because Oizumi
`
`discloses wherein errer deteetieh reseits ineitiding ASK er HACK ter the dewniihk date in the
`
`first component carrier and MACK er DTX ter the dewniinit data in the seeend eerneenent esrrier
`
`are associated with the first reseureei
`
`

`

`Application/Control Number: 16/353,862
`Art Unit: 2463
`
`Page 7
`
`Claim 12 is rejected on the ground of nonstatutory double patenting as being
`
`unpatentable over claim 9 of US. Patent Publication No. 2018/0279302 A1. Although the claims
`
`at issue are not identical,
`
`they are not patentably distinct from each other because Oizumi
`
`discloses wherein a oroheoiiity oi occurrence of error detection resuiis associated with the first
`
`resource is tower then e orobabiiiiy of occurrence of error detection resuits associated with the
`
`second resource.
`
`Claim 13 is rejected on the ground of nonstatutory double patenting as being
`
`unpatentable over claim 10 of US. Patent Publication No. 2018/0279302 A1. Although the
`
`claims atissue are not identical,
`
`they are not patentably distinct from each other because Oizumi
`
`discloses wherein in an FUD (Freonenoy Division Duoiox) system, an association of error
`
`detection resiiits with the first resource supports iaiibeck ic Format is or Format in,
`
`Claim 14 is rejected on the ground of nonstatutory double patenting as
`
`being unpatentable over claim 11 of US. Patent Publication No. 2018/0279302 A1. Although the
`
`claims atissue are not identical,
`
`they are not patentably distinct from each other because Oizumi
`
`discloses wherein in a TDD (Time 5 Division Duoiex} system, an association of error detection
`
`resuits with the first resource suooorts ieiioeck ic Former ia,
`
`Claim 15 is rejected on the ground of nonstatutory double patenting as being
`
`unpatentable over claim 12 of US. Patent Publication No. 2018/0279302 A1. Although the
`
`claims atissue are not identical,
`
`they are not patentably distinct from each other because Oizumi
`
`discloses wherein the first oomooneni carrier is a bend used by at base station having a wide
`
`coverage and the second component carrier is a band used by a base station having a narrow
`
`coverage.
`
`

`

`Application/Control Number: 16/353,862
`Art Unit: 2463
`
`Page 8
`
`Claim 16 is rejected on the ground of nonstatutory double patenting as being unpatentable
`
`over claim 12 of US. Patent Publication No. 2018/0279302 A1. Although the claims at issue are
`
`not identical,
`
`they are not patentably distinct from each other because Oizumi discloses wl'terein
`
`the at least one output and the at least one input. in operation. are coupled to an antenna.
`
`Conclusion
`
`1.
`
`Any inquiry concerning this communication or earlier communications from the examiner
`
`should be directed to ANGELT BROCKMAN whose telephone number is (571)270-5664. The examiner
`
`can normally be reached on Monday-Thursday 7:30-5:00 PM.
`
`2.
`
`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
`
`3.
`
`lfattemptsto reach the examiner by telephone are unsuccessful, the examiner’s supervisor,
`
`Mark Rinehart can be reached on 571-272-3632. The fax phone number for the organization where this
`
`application or proceeding is assigned is 571-273-8300.
`
`4.
`
`Information regardingthe 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
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`
`

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`Application/Control Number: 16/353,862
`Art Unit: 2463
`
`Page 9
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`/ANGELT BROCKMAN/
`
`Examiner, Art Unit 2463
`
`