www.uspto.gov
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address; COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`16/490,587
`
`09/02/2019
`
`TETSUYA YAMAMOTO
`
`731456.537USPC
`
`3671
`
`Seed IP Law Group LLP/Panasonic (PIPCA)
`701 5th Avenue, Suite 5400
`Seattle, WA 98104
`
`BUTT, WALLIZ
`
`PAPER NUMBER
`
`ART UNIT
`
`2412
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`10/06/2021
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`USPTOeAction @ SeedIP.com
`
`pairlinkdktg @seedip.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`Office Action Summary
`
`Application No.
`16/490,587
`Examiner
`WALLI Z BUTT
`
`Applicant(s)
`YAMAMOTOetal.
`Art Unit
`AIA (FITF) Status
`2412
`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 07/27/2021.
`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*
`1-11 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`Cj] Claim(s)
`is/are allowed.
`Claim(s) 1-3 and 7-9 is/are rejected.
`Claim(s) 4-6 and 10-11 is/are objected to.
`£] 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:/Awww.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)() The drawing(s) filedon__ is/are: a)C) accepted or b)C) 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:
`cc) None ofthe:
`b)L) Some**
`a)D) All
`1.1) Certified copies of the priority documents have been received.
`2.1) Certified copies of the priority documents have beenreceived in Application No.
`3.2.) Copies of the certified copies of the priority documents have been receivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`* See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`2) (J Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3) (J Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`4)
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20210930
`
`

`

`Application/Control Number: 16/490,587
`Art Unit: 2412
`
`Page 2
`
`1.
`
`The present application, filed on or after March 16, 2013, is being examined
`
`under the first inventor to file provisions of the AIA.
`
`DETAILED ACTION
`
`Status of Case
`
`2.
`
`This communication is in response to Applicants 07/27/2021 amendment(s)
`
`/response(s) in the 16/490,587 by Li for “TERMINAL AND COMMUNICATION
`
`METHOD FOR UPLINK CONTROL CHANNEL TRANSMISSION’, filed on 09/02/2019.
`
`The amendment/responseto the claims has been entered:
`
`°
`
`Claims 1-11 are pending.
`
`This rejection is FINAL.
`
`Responseto Arguments
`
`3.
`
`Applicant's arguments, filed on 07/27/2021, hereinafter “Remarks”, have been
`
`fully considered and they are persuasive in part, as described below:
`
`a.
`
`Applicants have amendedthe title to be: “TERMINAL AND
`
`COMMUNICATION METHOD FOR UPLINK CONTROL CHANNEL
`
`TRANSMISSION”. Therefore, the objection to the title has been withdrawn.
`
`b.
`
`On page 7 of the Remarks, Applicants assert that the prior art reference of
`
`Wang does notdisclose or suggest “a case wherea difference between a power
`
`

`

`Application/Control Number: 16/490,587
`Art Unit: 2412
`
`Page 3
`
`spectrum density (PSD) of the PUCCH and the PSD of the PUSCH is greater
`
`than a threshold value”. Examiner respectfully disagrees.
`
`L.
`
`In response, Examiner notes that Applicant’s claim language does
`
`not specifically define the term “greater than a threshold value”, nor does
`
`the claim language provide any further details regarding this term. Based
`
`on the broadest reasonable interpretation of the term “greater than a
`
`threshold value”, Examiner notes that this term can be construed as
`
`merely the difference between a PSD corresponding to a PUCCH and a
`
`PSD corresponding to a PUSCH asbeing greater than a preconfigured
`
`arbitrary value. Based on this interpretation, Examiner notes that the prior
`
`art reference of WANG, Fig. 3, paragraphs 53-54, teach determining the
`
`PSD of the PUSCH, determining the PSD of the PUCCH, and comparing
`
`a delta value which represents a difference between the channels to a
`
`maximum delta value which represents a maximum difference in the
`
`PSDs. Hence, WANG’s teachings encompassthe feature: “in a case
`
`wherea difference between a power spectrum density (PSD) of the
`
`PUCCH andthe PSD of the PUSCH is greater than a threshold value,”
`
`based on the broadest reasonable interpretation of “greater than a
`
`threshold value”.
`
`C.
`
`On page 8 of the Remarks, Applicants assert that the prior art reference of
`
`Li, and the combination of Wang and LI, do not disclose or suggest dropping a
`
`symbol a symbol of the PUSCH in a transmission interval for the PUSCH
`
`

`

`Application/Control Number: 16/490,587
`Art Unit: 2412
`
`Page 4
`
`overlapping with a transmission interval for the PUCCH in a case where a
`
`difference between the PSD of the PUCCH and the PSD of the PUSCH is
`
`greater than a threshold value. Examiner respectfully disagrees.
`
`L.
`
`First, Examiner notes that the term “drop” can be construed as
`
`“does not transmit or punctures”. The LI reference teaches, at paragraph
`
`30, performing a combination of one or moreof: not scheduling data bits
`
`of a PUSCH in time-frequency resources of a PUCCH (i.e. the overlapping
`
`resources); puncturing the PUSCH in specified overlapping resourcesof
`
`the PUCCH and the PUSCH; first scheduling data bits and then
`
`puncturing specified data bits in overlapping resources of the PUSCH and
`
`the PUCCH. Therefore, LI teaches the feature for whichit is relied upon,
`
`i.e. “drops a symbol of the PUSCH in a transmission interval for the
`
`PUSCH overlapping with a transmission interval for the PUCCH;”.
`
`il.
`
`Second, in response to applicant's arguments against the
`
`references individually, one cannot show nonobviousnessby attacking
`
`references individually where the rejections are based on combinations of
`
`references. See /n re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981);
`
`In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). As
`
`described above, Wang teaches “a case wherea difference between a
`
`power spectrum density (PSD) of the PUCCH and the PSD of the PUSCH
`
`is greater than a threshold value”, and LI teaches “drops a symbol of the
`
`PUSCH in a transmission interval for the PUSCH overlapping with a
`
`transmission interval for the PUCCH;”. Therefore, it would have been
`
`

`

`Application/Control Number: 16/490,587
`Art Unit: 2412
`
`Page 5
`
`obvious to one of ordinary skill in the art, before the effectivefiling date of
`
`the claimed invention, to combine the teachings of LI with the teachings of
`
`WANGto drop a symbol of the PUSCH in a transmission interval for the
`
`PUSCH overlapping with a transmission interval for the PUCCH. The
`
`motivation would be to avoid an overlapping resource when PUCCH and
`
`PUSCH are multiplexed in the overlapping resources (LI, paragraph 30).
`
`d.
`
`With respect to claim 2, Applicants arguments on page 9 of the Remarks
`
`have been fully considered and respondedto above.
`
`e.
`
`On page 10 of the Remarks, with respect to claim 3, Applicants assert that
`
`“Wang does notdisclose that satisfying parameters relating to transmission
`
`format is tantamount to changing a transmission format of the PUCCH. Meeting
`
`parameters relating to transmission format or ensuring that the parameters are
`
`accommodated, conformedto or appropriate does not amount to changing a
`
`transmission format in a case where a condition is met.” Examiner respectfully
`
`disagrees.
`
`il.
`
`In response, Examiner notes that Wang, Fig. 4, paragraphs 60-61,
`
`teach that the UE 120 mayincrease a quantity of data channel resource
`
`blocks from a candidate allocation and may decrease a quantity of control
`
`channel resource blocks from a candidate allocation to ensure that the
`
`delta value does not exceed the maximum delta value. Furthermore,
`
`paragraph 63 teaches the satisfying parameters relating to transmission
`
`

`

`Application/Control Number: 16/490,587
`Art Unit: 2412
`
`Page 6
`
`format (e.g. QPSK, QAM) of the control channel or the data channel. This
`
`correspondsto changing a transmission format of the PUCCH because
`
`the UE 120 satisfies transmission format parameters of the PUCCH by
`
`prioritizing providing transmit power to specified channels basedatleastin
`
`part on another parameter such asa bias value relating to the
`
`transmission format.
`
`4.
`
`In view of the foregoing, Examiner respectfully disagrees that the prior art
`
`references of record do not teach the features of independent claim 1, as similarly
`
`recited in independent claims 2, 3, 7, 8 and 9. Based on all of the above remarks, and
`
`absent any changes to the claim language which would clearly distinguish over the prior
`
`art of record, Examiner maintains the rejection.
`
`Response to Amendment
`
`Claim Rejections - 35 USC § 102
`
`5.
`
`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that
`
`form the basis for the rejections under this section madein this Office action:
`
`A person shall be entitled to a patent unless —
`
`(a)(2) the claimed invention was described in a patent issued under section 151, or in an
`application for patent published or deemed published under section 122(b), in which the
`patent or application, as the case may be, namesanother inventor and waseffectively filed
`before the effective filing date of the claimed invention.
`
`6.
`
`Claims 3 and 9 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by
`
`WANGetal. (US20180206196A1), hereinafter WANG.
`
`

`

`Application/Control Number: 16/490,587
`Art Unit: 2412
`
`Page 7
`
`Regarding claim 3, WANGteachesA terminal comprising: circuitry, (WANG,
`
`Fig. 7, paragraphs 83-84, teach UE 602 comprising processor 706 (i.e. circuitry).)
`
`which, in operation, in a slot having allocated thereto both an uplink control
`
`channel (PUCCH) and an uplink channel (PUSCH)that includes uplink data,
`
`(WANG,Fig. 3, paragraphs 49-52, teach a slot 310 having allocated both UL PUCCH
`
`320 and PUSCH 330 that includes UL data.)
`
`in a case where a difference between a power spectrum density (PSD) of
`
`the PUCCH andthe PSD of the PUSCHis greater than a threshold value, (WANG,
`
`Fig. 3, paragraphs 53-54, teach a difference between a PSD of the PUCCH and the
`
`PSD of the PUSCH is greater than a value (i.e. threshold value), as further described by
`
`Fig. 4, step 420, paragraph 60.) changesa transmission format of the PUCCH;
`
`(WANG,Fig. 4, paragraphs 60-61, teach that the UE 120 mayincrease a quantity of
`
`data channel resource blocks from a candidate allocation and may decrease a quantity
`
`of control channel resource blocks from a candidate allocation to ensure that the delta
`
`value does not exceed the maximum delta value. Furthermore, paragraph 63 teaches
`
`the satisfying parameters relating to transmission format (e.g. QPSK, QAM) of the
`
`control channel or the data channel. This corresponds to changing a transmission
`
`format of the PUCCH because the UE 120satisfies transmission format parameters of
`
`the PUCCH.)
`
`and a transmitter, which, in operation, transmits the PUCCH obtained after
`
`the transmission format has been changed, and the PUSCH, in the slot. (WANG,
`
`Fig. 4, step 430, paragraph 66, teach transmitting at least the PUCCH in the slot.)
`
`

`

`Application/Control Number: 16/490,587
`Art Unit: 2412
`
`Page 8
`
`Regarding claim 9, WANG teaches A communication method including: ina
`
`slot having allocated thereto both an uplink control channel (PUCCH) and an
`
`uplink channel (PUSCH)that includes uplink data, (WANG,Fig. 3, paragraphs 49-
`
`52, teach a slot 310 having allocated both UL PUCCH 320 and PUSCH 330 that
`
`includes UL data.)
`
`in a case where a difference between a power spectrum density (PSD) of
`
`the PUCCH andthe PSD of the PUSCHis greater than a threshold value, (WANG,
`
`Fig. 3, paragraphs 53-54, teach a difference between a PSD of the PUCCH and the
`
`PSD of the PUSCH is greater than a value (i.e. threshold value), as further described by
`
`Fig. 4, step 420, paragraph 60.) changing a transmission format of the PUCCH;
`
`(WANG,Fig. 4, paragraphs 60-61, teach that the UE 120 mayincrease a quantity of
`
`data channel resource blocks from a candidate allocation and may decrease a quantity
`
`of control channel resource blocks from a candidate allocation to ensure that the delta
`
`value does not exceed the maximum delta value. Furthermore, paragraph 63 teaches
`
`the satisfying parameters relating to transmission format (e.g. QPSK, QAM) of the
`
`control channel or the data channel. This corresponds to changing a transmission
`
`format of the PUCCH because the UE 120 satisfies transmission format parameters of
`
`the PUCCH.) and transmitting the PUCCH obtained after the transmission format
`
`has been changed, and the PUSCH, in the slot. (WANG,Fig. 4, step 430, paragraph
`
`66, teach transmitting at least the PUCCH in the slot.)
`
`

`

`Application/Control Number: 16/490,587
`Art Unit: 2412
`
`Page 9
`
`Claim Rejections - 35 USC § 103
`
`7.
`
`The following is a quotation of 35 U.S.C. 103 which forms the basis for all
`
`obviousnessrejections setforth in this Office action:
`
`A patent for a claimed invention may not be obtained, notwithstanding that the claimed
`invention is not identically disclosed as set forth in section 102, if the differences between the
`claimed invention and the prior art are such that the claimed invention as a whole would have
`been obvious beforethe 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 was made.
`
`8.
`
`Claims 1-2 and 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over
`
`WANG et
`
`al.
`
`(US20180206196A1), hereinafter WANG,
`
`in view of
`
`Li
`
`et
`
`al.
`
`(US20180132229A1), hereinafter Li.
`
`Regarding claim 1, WANG teachesA terminal comprising: circuitry, (WANG,
`
`Fig. 7, paragraphs 83-84, teach UE 602 comprising processor 706(i.e. circuitry).)
`
`which, in operation, in a slot having allocated thereto both an uplink
`
`control channel (PUCCH) and an uplink channel (PUSCH)that includes uplink
`
`data, (WANG,Fig. 3, paragraphs 49-52, teach a slot 310 having allocated both UL
`
`PUCCH 320 and PUSCH 330that includes UL data.)
`
`in a case where a difference between a power spectrum density (PSD) of
`
`the PUCCH andthe PSD of the PUSCHis greater than a threshold value, (WANG,
`
`Fig. 3, paragraphs 53-54, teach a difference between a PSD of the PUCCH and the
`
`PSD of the PUSCH is greater than a value (i.e. threshold value), as further described by
`
`Fig. 4, step 420, paragraph 60.)
`
`

`

`Application/Control Number: 16/490,587
`Art Unit: 2412
`
`Page 10
`
`and a transmitter, which, in operation, transmits at least the PUCCHin the
`
`slot. (WANG,Fig. 4, step 430, paragraph 66, teach transmitting at least the PUCCH in
`
`the slot.)
`
`Although WANGteaches(Fig. 4, paragraphs 60-61) that the UE 120 may
`
`increase a quantity of data channel resource blocks from a candidate allocation and
`
`may decrease a quantity of control channel resource blocks from a candidate allocation
`
`to ensure that the delta value does not exceed the maximum delta value, and
`
`furthermore, paragraph 64 teaches that the UE 120 may determine notto transmit one
`
`of the control channel or the data channel based on transmit power, associated PSD,
`
`and/or link budget WANG doesnot describe drops a symbol of the PUSCHina
`
`transmission interval for the PUSCH overlapping with a transmission interval for
`
`the PUCCH;
`
`However L/in the same field of endeavor teaches drops a symbol of the
`
`PUSCHin a transmission interval for the PUSCH overlapping with a transmission
`
`interval for the PUCCH; (L/, paragraph 30 teaches the UE configured not schedule
`
`specified data bits of the PUSCH in the time-frequency region of the PUCCH.)
`
`Therefore, it would have been obvious to one of ordinary skill in the art, before
`
`the effective filing date of the claimed invention, to combine the teachings of L/ with the
`
`teachings of WANGto drop a symbol of the PUSCH in a transmission interval for the
`
`PUSCH overlapping with a transmission interval for the PUCCH. The motivation would
`
`be to avoid an overlapping resource when PUCCH and PUSCH are multiplexed in the
`
`overlapping resources (LI, paragraph 30).
`
`

`

`Application/Control Number: 16/490,587
`Art Unit: 2412
`
`Page 11
`
`Regarding claim 2, WANG teaches A terminal comprising: circuit, (WANG,
`
`Fig. 7, paragraphs 83-84, teach UE 602 comprising processor 706 (i.e. circuitry).)
`
`which, in operation, in a slot having allocated thereto both an uplink control
`
`channel (PUCCH) and an uplink channel (PUSCH)that includes uplink data,
`
`(WANG,Fig. 3, paragraphs 49-52, teach a slot 310 having allocated both UL PUCCH
`
`320 and PUSCH 330 that includes UL data.)
`
`in a case where a difference between a power spectrum density (PSD) of
`
`the PUCCH andthe PSD of the PUSCHis greater than a threshold value, (WANG,
`
`Fig. 3, paragraphs 53-54, teach a difference between a PSD of the PUCCH and the
`
`PSD of the PUSCH is greater than a value (i.e. threshold value), as further described by
`
`Fig. 4, step 420, paragraph 60.)
`
`and a transmitter, which, in operation, transmits the PUCCH, and the
`
`PUSCHfor whichthe portion of a frequency band has been dropped, in theslot.
`
`(WANG,Fig. 4, step 430, paragraph 66, teach the PUCCH and the PUSCH in the
`
`specified resources.)
`
`Although WANGteaches(Fig. 4, paragraphs 60-61) that the UE 120 may
`
`increase a quantity of data channel resource blocks from a candidate allocation and
`
`may decrease a quantity of control channel resource blocks from a candidate allocation
`
`to ensure that the delta value does not exceed the maximum delta value, and
`
`furthermore, paragraph 64 teaches that the UE 120 may determine notto transmit one
`
`of the control channel or the data channel based on transmit power, associated PSD,
`
`and/or link budget, WANG doesnot describe drops a portion of resources of
`
`

`

`Application/Control Number: 16/490,587
`Art Unit: 2412
`
`Page 12
`
`frequency resources to which the PUSCH isallocated in a transmission interval
`
`for the PUSCH overlapping with a transmission interval for the PUCCH;
`
`HoweverL/ in the same field of endeavor teaches drops a portion of resources
`
`of frequency resources to which the PUSCHis allocated in a transmission
`
`interval for the PUSCH overlapping with a transmission interval for the PUCCH;
`
`(LI, paragraph 30 teaches the UE configured not schedule specified data bits of the
`
`PUSCH in the time-frequency region of the PUCCH.)
`
`Therefore, it would have been obvious to one of ordinary skill in the art, before
`
`the effective filing date of the claimed invention, to combine the teachings of L/ with the
`
`teachings of WANGto drop a portion of resources of frequency resources to which the
`
`PUSCH is allocated in a transmission interval for the PUSCH overlapping with a
`
`transmission interval for the PUCCH. The motivation would be to avoid an overlapping
`
`resource when PUCCH and PUSCH are multiplexed in the overlapping resources (LI,
`
`paragraph 30).
`
`Regarding claim 7, WANG teaches A communication methodincluding: in a
`
`slot having allocated thereto both an uplink control channel (PUCCH) and an
`
`uplink channel (PUSCH)that includes uplink data, (WANG,Fig. 3, paragraphs 49-
`
`52, teach a slot 310 having allocated both UL PUCCH 320 and PUSCH 330that
`
`includes UL data.)
`
`in a case where a difference between a power spectrum density (PSD) of
`
`the PUCCH andthe PSD of the PUSCHis greater than a threshold value, (WANG,
`
`Fig. 3, paragraphs 53-54, teach a difference between a PSD of the PUCCH and the
`
`

`

`Application/Control Number: 16/490,587
`Art Unit: 2412
`
`Page 13
`
`PSD of the PUSCH is greater than a value (i.e. threshold value), as further described by
`
`Fig. 4, step 420, paragraph 60.)
`
`and transmitting at least the PUCCHin the slot. (WANG,Fig. 4, step 430,
`
`paragraph 66, teach transmitting at least the PUCCH in the slot.)
`
`Although WANGteaches(Fig. 4, paragraphs 60-61) that the UE 120 may
`
`increase a quantity of data channel resource blocks from a candidate allocation and
`
`may decrease a quantity of control channel resource blocks from a candidate allocation
`
`to ensure that the delta value does not exceed the maximum delta value, and
`
`furthermore, paragraph 64 teaches that the UE 120 may determine notto transmit one
`
`of the control channel or the data channel based on transmit power, associated PSD,
`
`and/or link budget WANG doesnot describe dropping a symbol of the PUSCH ina
`
`transmission interval for the PUSCH overlapping with a transmission interval for
`
`the PUCCH;
`
`However L/in the same field of endeavor teaches dropping a symbol of the
`
`PUSCHin a transmission interval for the PUSCH overlapping with a transmission
`
`interval for the PUCCH; (L/, paragraph 30 teaches the UE configured not schedule
`
`specified data bits of the PUSCH in the time-frequency region of the PUCCH.)
`
`Therefore, it would have been obvious to one of ordinary skill in the art, before
`
`the effective filing date of the claimed invention, to combine the teachings of LI with the
`
`teachings of WANG to drop a symbol of the PUSCH in a transmission interval for the
`
`PUSCH overlapping with a transmission interval for the PUCCH. The motivation would
`
`be to avoid an overlapping resource when PUCCH and PUSCH are multiplexed in the
`
`overlapping resources (LI, paragraph 30).
`
`

`

`Application/Control Number: 16/490,587
`Art Unit: 2412
`
`Page 14
`
`Regarding claim 8, WANG teaches A communication methodincluding: in a
`
`slot having allocated thereto both an uplink control channel (PUCCH) and an
`
`uplink channel (PUSCH)that includes uplink data, (WANG,Fig. 3, paragraphs 49-
`
`52, teach a slot 310 having allocated both UL PUCCH 320 and PUSCH 330 that
`
`includes UL data.)
`
`in a case where a difference between a power spectrum density (PSD) of
`
`the PUCCH andthe PSD of the PUSCHis greater than a threshold value, (WANG,
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`Fig. 3, paragraphs 53-54, teach a difference between a PSD of the PUCCH and the
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`PSD of the PUSCH is greater than a value (i.e. threshold value), as further described by
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`Fig. 4, step 420, paragraph 60.)
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`and transmitting the PUCCH, and the PUSCHfor which the portion of a
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`frequency band has been dropped, in the slot. (WANG,Fig. 4, step 430, paragraph
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`66, teach the PUCCH and the PUSCH in the specified resources.)
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`Although WANGteaches(Fig. 4, paragraphs 60-61) that the UE 120 may
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`increase a quantity of data channel resource blocks from a candidate allocation and
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`may decrease a quantity of control channel resource blocks from a candidate allocation
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`to ensure that the delta value does not exceed the maximum delta value, and
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`furthermore, paragraph 64 teaches that the UE 120 may determine notto transmit one
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`of the control channel or the data channel based on transmit power, associated PSD,
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`and/or link budget, WANG doesnot describe drops a portion of resources of
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`frequency resources to which the PUSCH isallocated in a transmission interval
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`for the PUSCH overlapping with a transmission interval for the PUCCH;
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`

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`Application/Control Number: 16/490,587
`Art Unit: 2412
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`Page 15
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`HoweverL/ in the same field of endeavor teaches drops a portion of resources
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`of frequency resources to which the PUSCHis allocated in a transmission
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`interval for the PUSCH overlapping with a transmission interval for the PUCCH;
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`(LI, paragraph 30 teaches the UE configured not schedule specified data bits of the
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`PUSCH in the time-frequency region of the PUCCH.)
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`Therefore, it would have been obvious to one of ordinary skill in the art, before
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`the effective filing date of the claimed invention, to combine the teachings of L/ with the
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`teachings of WANGto drop a portion of resources of frequency resources to which the
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`PUSCH is allocated in a transmission interval for the PUSCH overlapping with a
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`transmission interval for the PUCCH. The motivation would be to avoid an overlapping
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`resource when PUCCH and PUSCH are multiplexed in the overlapping resources (LI,
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`paragraph 30).
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`Allowable Subject Matter
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`9.
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`Claims 4-6 and 10-11 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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`Conclusion
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`10.
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`‘The prior art made of record and not relied upon is considered pertinent to
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`applicant's disclosure.
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`

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`Application/Control Number: 16/490,587
`Art Unit: 2412
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`Page 16
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`Heo et al. (US20080153425A1) is directed to multiplexing an uplink packet data
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`channel and a control channel, a transport format of the control channel for transmission
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`of the control information is changed according to the transport format of the data
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`channel (Abstract). More particularly, paragraph 52 teaches a number of symbols for a
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`control channel, and as many symbols as those capable of satisfying the entire energy
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`are required when a data transmission power is used in order to simultaneously transmit
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`the control channel and the data channel.
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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).
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`A shortenedstatutory period for reply to this final action is set to expire THREE
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`
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`MONTHS from the mailing date of this action. In the eventafirst replyis filed within
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`TWO MONTHS ofthe mailing date ofthis final action and the advisory action is not
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`mailed until after the end of the THREE-MONTH shortenedstatutory 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.
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`In no event, however, will the statutory period for reply expire later
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`than SIX MONTHS from the mailing date ofthis final action.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to WALLI Z BUTT whose telephone number is (571)272-
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`5822. The examiner can normally be reached on 9:00 AM - 5.30 PM.
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`Examiner interviews are available via telephone, in-person, and video
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`conferencing using a USPTO supplied web-basedcollaboration tool. To schedule an
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`

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`Application/Control Number: 16/490,587
`Art Unit: 2412
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`Page 17
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`interview, applicant is encouraged to use the USPTO Automated Interview Request
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`(AIR) at http:/Avww.uspto.gov/interviewpractice.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
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`supervisor, CHARLES JIANG can be reached on 571-270-7191. The fax phone
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`number for the organization where this application or proceeding is assigned is 571 -
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`273-8300.
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`Information regarding the status of an application may be obtained from the
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`Status information for unpublished applications is available through Private PAIR only.
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`For more information about the PAIR system, see https://ppair-
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`IWALLI Z BUTT/
`Examiner, Art Unit 2412
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`