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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
`
`16/488,963
`
`08/27/2019
`
`AYAKO HORIUCHI
`
`731456.534USPC
`
`3276
`
`Seed IP Law Group LLP/Panasonic (PIPCA)
`701 5th Avenue, Suite 5400
`Seattle, WA 98104
`
`PARK, JUNG H
`
`PAPER NUMBER
`
`ART UNIT
`
`2411
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`01/24/2022
`
`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)
`
`

`

`Office Action Summary
`
`Application No.
`16/488,963
`Examiner
`JUNG H PARK
`
`Applicant(s)
`HORIUCHI et al.
`Art Unit
`AIA (FITF) Status
`2411
`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) Responsive to communication(s) filed on 30 November 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.
`
`Disposition of Claims*
`12-23 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) 12-23 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)
`
`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) (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 20220116
`
`

`

`Application/Control Number: 16/488,963
`Art Unit: 2411
`
`Page 2
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`DETAILED ACTION
`
`1.
`
`The presentapplication, filed on or after March 16, 2013, is being examined under the
`
`first inventor tofile provisions of the AIA.
`
`In the event the determination of the status of the application as subject to AIA 35
`
`U.S.C. 102 and 103 (or as subject to pre-AlIA 35 U.S.C. 102 and 103) is incorrect, any
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`correction of the statutory basis for the rejection will not be considered a newground of
`
`rejection if the prior art relied upon, and the rationale supporting the rejection, would be
`
`the same under either status.
`
`Response to Remark
`
`This communication is considered fully responsive to the amendmentfiled on 11/30/21.
`
`a. Independent claims 12 and 18 have been amended.
`
`b. Applicant argues that “the provisional apolcations of Lee orior art do not
`
`contain any jeaching or suggestion for the subject matter now more particularly reciied in
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`clarne 12 and 16 and therefore, Lee is nota valid orior art.” The examiner orovides ihe
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`teaching of claims 12 and 718 from the provisional applications 62/406,934 (hereinafier
`
`Frov'934) anc 62/41 7,367 (nereinafier Prov367}.
`
`Claim Rejections - 35 USC § 103
`
`The following is a quotation of 35 U.S.C. 103 which formsthe basis for all obviousness
`
`rejections setforth 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 of this title,
`if the differences betw een the
`claimed invention and the prior art are such that the claimed invention as a whole would have been
`obvious before the effective filing date of the claimed invention to a 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 w as made.
`
`

`

`Application/Control Number: 16/488,963
`Art Unit: 2411
`
`Page 3
`
`4.
`
`Claims 12-16 and 18-22 are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Lee et al. (US 2019/0238247, “Lee”) in view of Saiwai et al. (US 2018/0070264,
`
`“Saiwai’).
`
`Regarding claim 12, Lee discloses a communication apparatus, camorising:
`
`-g receiver (See 114 fig.g2, areceiver at UE: See Provae/. og.21,79 4a
`
`receiving end can perform decacing}, which, in operation, receives a higher layer
`
`signaling which indicates a plurality of pattems, and receives downlink control
`
`information (DCH which notifies a pattern that has been selected from the plurality
`
`of patterns (See fig.d0, 4.19, and €.252, a plurality of shared-PT RS patterns may be
`
`configured for the UE through either or both of Radio Resource Control (RRC) and
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`Downlink Control Information (DCI), and information for selecting any one from among
`
`the plurality of shared-PT RS patterns configured for the UE may be additionally
`
`configured through either or both of the RRC and the DCI; See Prov934, pg.3, ‘Proposal
`
`6’, The PTRSis classified into a shared RS(i.e., RS shared with another UE) and a UE-
`
`dedicated RS(i.e., RS allocated to a specific UE in a dedicated manner). ABS
`
`configures for a UE one or more shared-RSpatterns through RRC or/and DCI. After
`
`selecting one of the patterns, the BS inform the UE of the selected pattern through RRC
`
`or/and DCI; See Prov367, pg.3, ‘Proposal 6’, ABS configures for a UE at least one
`
`shared RS patterns through RRC or/and DCI. After selecting one of the patterns, the BS
`
`inform the UE of the selected pattern through the RRC or/and DCI. Moreover, the BS
`
`informs the UE of the UE dedicated PTRS through the RRC or/and DCI); and
`
`- circuitry (See 4.264, circuits), which is coupled toe the receiver and which,
`
`in operation, decodes downlink data based on the patter (See 4.20, accurately
`
`decode a received signal: See Froy934, og.19, 1 paragraph, perform decoding after
`
`receiving all code blocks; og.2, ‘Proposai2’, To this end, the BS may inform the UE, Le.
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`downlink, whether the PCRS is used through DCi Gownlink control information/ARC,
`
`

`

`Application/Control Number: 16/488,963
`Art Unit: 2411
`
`Page 4
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`pg.25, 3° €
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`‘Uplink transmission probability’, in above oroposals 1, 2, 3, downlink
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`transmissionis assured: See Proy367, 09.21, 1° 4, a receiving end can periorm
`
`decoding}.
`
`Lee does not exnlicity disclose what Saiwal discloses,
`
`- gach of the plurality of patterns being used for downlink data{See 7.116,
`
`performs the processof receiving the plurality of control information on the basis of the
`
`number of patterns in whicha plurality of radio resources are arranged; See 4.416, the
`
`eNB transmits through the PDCCH,to the UE, information (DCI format 5) including
`
`the pattern (time resource pattern) of the subframe of the radio resourceofdirect
`
`communication thatis allocated to the UE that is selected earlier} and indicating a
`
`frequency resource excluced from allocation of dawnlink in a slot (q.276, As show
`
`in FIG. 11, the (extended) DCI format includes a "Resource pool index" corresponding to
`
`the index. The index indicates whether or not a plurality of radio resources are available
`
`in one SC period; See 4.448, when the eNB selects Mode 1, the eNB mayset the
`
`repetition frequency (numRepetition) in the time direction of the pattern (time resource
`
`pattern) of the subframe of the radio resource allocated to the UE; Examiners Note: the
`
`resourceallocation is only for time resource pattem, not a frequency resourceallocation;
`
`See 9.452, the allocated resource is terminated at the point where the repetition
`
`frequency expires. That is, the UE does not recognize the radio resourcesafter the point
`
`of expiry of the repetition frequency as radio resources allocated to the UE, and does not
`
`perform direct communication (prohibits direct communication) by using the radio
`
`resources; See J.276, It is noted that in FIG. 11, "Resource for PSCCH"is a PSCCH
`
`resourceallocation identifier; Examiner's Note: As shown in Fig.11, the resource pool
`
`index and resource pattern are used for only PSCCH & PSSCH,i.e. resources for uplink
`
`control and/or data channels, not for downlink data
`
`

`

`Application/Control Number: 16/488,963
`Art Unit: 2411
`
`Page5S
`
`
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`Therefore, it would have been obvious to one of ordinary skill in the art before the
`
`effectivefiling date to apply “each ofthe plurality ofpatterns being used for downlink
`
`data andindicating a frequency resource excluded from allocation of downlink in a slot”
`
`as taught by Saiwai into the system of Lee, so that it provides a way of performing the
`
`process of receiving the plurality of control information on the basis of the number of
`
`patterns in which a plurality of radio resources are arranged (Saiwai, See 7.116) and for
`
`the indexto indicate “whether or not a plurality of radio resources are available in one
`
`SC period” (Saiwai, See 4.276).
`
`Regarding claim 13, Lee does not exnlicitty disclose what Saiwal discloses “each
`
`of the plurality of patterns indicates one or more frequency resources which are nol
`
`available for allocation of ihe downlink dala (Saiwal, See fig.11 and 4.276, the
`
`(extended) DCI format includes a "Resource pool index" corresponding to the index. The
`
`index indicates whether or not a plurality of radio resourcesare available in one SC
`
`period; See §.448, when the eNBselects Mode 1, the eNB mayset the
`
`repetition frequency (numRepetition) in the time direction of the pattern (time resource
`
`pattern) of the subframe of the radio resource allocated to the UE: See 4.687, the eNB
`
`200 maynotify, to the UE 100-1, the allocation information of the radio resource along
`
`with flag information (for example, an urgencyflag) indicating a radio resource allocated
`
`

`

`Application/Control Number: 16/488,963
`Art Unit: 2411
`
`Page 6
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`for the high priority data, through DCI (DCI format 0) for assigning the uplink control
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`information; Seefig.11).”
`
`Therefore, ii would have been obvious to one af ordinary skill in the art before ihe
`
`sifective fling dais to apoly ihe methed of “eachof the plurality cfpatterns incicaies one
`
`or more frequency resources which are not available for atocation af the data’ as taught
`
`by Saiwai into the system of Lee, so that # provides a way of indicating whetheror nota
`
`gluralty of radio resources are avalable (Saiwal, See 9.276}.
`
`Regarding claim 14, Lee discloses “eachof the plurality of patiems indicates a
`
`siarting symbol for allocation of the downlink data (See 4.141, PT RS resources can be
`
`defined by a Resource Block (RB) index and/or a symbol index; See fig. 14 and 4.142,
`
`Each PTRS resource set may beindicated by a RB index and/or a sy mbol index.In
`
`other words, by doing so, a resource set where PTRSsare defined can be indicated}.”
`
`Regarding claim 15, Lee disclases “the plurality of patlems are indicated in unis
`
`ofa resource olock (RB) (See 4.141, PTRS resources can be defined by a Resource
`
`Block (RB) index and/or a symbol index; See fig.14 and 4.142, Each PTRS resourceset
`
`may be indicated by a RB index and/or a symbol index. In other words, by doing so, a
`
`resource set where PTRSsare defined can beindicated}.”
`
`Regarding claim 16, Lee discloses “a numberof the plurality of patierns is 2 (See
`
`fie. 20 and &.177, PTRSs with patterns 1 and 2}.”
`
`He garding claim 7G, jiis a meinod claim corresponding to the apparatus claim
`
`izand is therefore reiected for the similar reasons set forth in the rejection of the claim.
`
`

`

`Application/Control Number: 16/488,963
`Art Unit: 2411
`
`Page 7
`
`Hegarding claims 19-22, they are claims corresponding to claims 73-16,
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`respectively and are iherefore reiecied for the similar reasons sei forth in the rejection of
`
`the claims.
`
`5.
`
`Claims 17 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Lee in
`
`view of Sanwai and further in viewo?t He etal (US 2019/0289668, “He’}.
`
`Regarding claim 17, Lee and Sawai cdo nol explicitly disclose what He discloses
`
`“each of the plurality of palterns indicates ane more frequency resouree occupied by a
`
`mini slot (See fig. and 433-34, the location of guard time 120 and 150 can either be
`
`providedfor in the lastor first Nsymb symbols of one mini-slot or slot. The value of Nsymb
`
`can be semi-statically configured for a UE through an RRC message or dynamically
`
`signaled by PDCCH thattriggers the BWA operation at least based on the
`
`corresponding capability reported by a UE).”
`
`Therefore, it would have been obvious to one of ordinary skill in the art before the
`
`effectivefiling date to apply the method of “each of the plurality ofpatterns indicates one
`
`more frequency resource occupied by a mini siof as taught by He into the syste of Lee
`
`and Saiwal, so that t provides a way for UE to schedule to ransmil or receive allocation
`
`ofa portion of a RF oandwidth in different mini-siots (He, See $33},
`
`Regarding claim23, lis a claim corresponding to the claim 17 and ts therefore
`
`reiected for the similar reasons sel forin in the reiection of the claim.
`
`Response to Arguments
`
`6.
`
`Applicant's argumentsfiled have been considered. But, in view of the applicant’s
`
`amendment to the claims, examiner hasclarified and remapped the rejection to the
`
`argued claim limitations, especially for the newy added claim limitations “each of the
`
`

`

`Application/Control Number: 16/488,963
`Art Unit: 2411
`
`Page 8
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`plurality ofpatterns being used for downlink data andindicating a frequency resource
`
`excluded from allocation of downlink in a slot’, by adding Examiner's Note, using the
`
`prior art of record in the current prosecution of the claims.
`
`At pages 5-6, with respect to claim claims 12 & 18, applicant argues that“ Saiwai
`
`fails to teach or suggest eachofthe plurality ofpatterns being used for downlink data
`
`andindicating a frequency resource excluded from allocation of downlinkin a slot.”
`
`[applicant’s emphasis added].
`
`In reply, the limitations “each of the plurality of patterns being used for
`
`downlink data and indicating a frequency resource excluded from allocation of
`
`downlink in a slot’ explicitly read on:
`
`q.[0116] of Saiwai discloses “performs the processof receiving the plurality of
`
`control information on the basis of the number of patterns in which a plurality of radio
`
`resources are arranged.”
`
`q.[0416] of Saiwai discloses “the eNB transmits through the PDCCH,to the UE,
`
`information (DCI format 5) including the pattern (time resource pattern) of the subframe
`
`of the radio resource of direct communication that is allocated to the UE that is selected
`
`earlier.”
`
`.§0276] of Saiwai discloses “as shown in FIG. 11, the extended DCI format
`
`includes a "Resource pool index" corresponding to the index. The index indicates
`
`whetheror nota plurality of radio resources are available in one SC period.” [emphasis
`
`added].
`
`q.[0448] of Saiwai discloses “when the eNBselects Mode 1, i.e. a pattern, the
`
`eNB maysetthe repetition frequency (numRepetition) in the time direction of the pattem
`
`(time resource pattern) of the subframeof the radio resource allocated to the UE.”
`
`In other words, the resourceallocation is only for time resource pattern, not a
`
`frequency resourceallocation.
`
`

`

`Application/Control Number: 16/488,963
`Art Unit: 2411
`
`Page 9
`
`q.[0452] of Saiwai discloses “the allocated resource is terminated at the point
`
`wherethe repetition frequency expires. That is, the UE does not recognize the radio
`
`resourcesafter the point of expiry of the repetition frequency as radio resources
`
`allocated to the UE, and does not performdirect communication (prohibits direct
`
`communication) by using the radio resources.”
`
`q.[0276] of Saiwai discloses“It is noted that in FIG. 11, "Resource for PSCCH" is
`
`a PSCCH resourceallocation identifier.”
`
`In other words, as shown in Fig.11, the resource pool index and resource pattern
`
`are used for only PSCCH & PSSCH,i.e. resources for uplink control and/or data
`
`channels, not for downlink data.
`
`
`
`Therefore, ordinary skill in the art applies “each ofthe plurality ofpatterns being
`
`used for downlink data and indicating a frequency resource excludedfrom allocation of
`
`downlink in a slot’ as taught by Saiwai into the system of Lee in order to perform the
`
`process of receiving the plurality of control information on the basis of the number of
`
`patterns in which a plurality of radio resources being arranged and for the index to be
`
`indicated whether or not a plurality of radio resources are available in one SC period
`
`(Saiwai, See 7.116 and 7.276). Therefore, the examiner disagrees respectfully.
`
`Conclusion
`
`

`

`Application/Control Number: 16/488,963
`Art Unit: 2411
`
`Page 10
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`7.
`
`Applicant's amendment necessitated the new ground(s)of rejection presentedin this
`
`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 shortenedstatutory period for reply to this final action is set to expire THREE
`
`MONTHSfrom the mailing date of this action.
`
`In the event a first reply is filed within
`
`TWO MONTHSof the mailing date of this final action and the advisory action is not
`
`mailed until after the end of the THREE-MONTH shortenedstatutory period, then the
`
`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 the
`
`advisory action.
`
`In no event, however, will the statutory period for reply expire later than
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`SIX MONTHSfrom the date of this final action.
`
`Contact Information
`
`Anyinquiry concerning this communication or earlier communications from the examiner
`
`should be directed to Jung Park whosetelephone number is 571-272-8565. The
`
`examiner can normally be reached on Mon-Fri during 7:00-3:00.
`
`lf attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, Noel Beharry can be reached on 571-270-5630. The fax phone number for
`
`the organization wherethis 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 obtainedfrom 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
`
`

`

`Application/Control Number: 16/488,963
`Art Unit: 2411
`
`Page 11
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`have questions on accessto the Private PAIR system, contact the Electronic Business
`
`Center (EBC) at 866-217-9197(toll-free).
`
`/JUNG H PARK/
`
`Primary Examiner, Art Unit 2411
`
`