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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
`
`16/606,395
`
`10/18/2019
`
`TAKASHI IWAI
`
`731456.539USPC
`
`9383
`
`Seed IP Law Group LLP/Panasonic (PIPCA)
`701 5th Avenue, Suite 5400
`Seattle, WA 98104
`
`KASSIM, KHALED M
`
`ART UNIT
`
`2468
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`03/15/2022
`
`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)
`
`

`

`
`
`Disposition of Claims*
`1-3 and 6-22 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`5a) Of the above claim(s) ___ is/are withdrawn from consideration.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) 1-3 and 6-22 is/are rejected.
`(1 Claim(s)__is/are objectedto.
`Cj) Claim(s
`are subjectto restriction and/or election requirement
`S)
`* 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)[M) 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) All
`1.{¥] 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 20220310
`
`Application No.
`Applicant(s)
`16/606,395
`IWAl et al.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`KHALED M KASSIM
`2468
`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 12/03/2021.
`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.
`
`

`

`Application/Control Number: 16/606,395
`Art Unit: 2468
`
`Page 2
`
`Notice of Pre-AlA or AIA Status
`
`The present application,filedonor after March 16, 2013,
`
`is being examined underthe
`
`first inventor to file provisions of the AIA.
`
`DETAILED ACTION
`
`1.
`
`This is inresponse to the Amendmentfiled on December 03, 2021, claims 4-5 have been
`
`canceled; claims 19-22 have been added; claims 1-3 and 6-22 are pendingand presented for
`
`examination.
`
`Notice of Pre-AlA or AIA Status
`
`1.
`
`The present application, filed onor after March 16, 2013, isbeingexamined underthe
`
`first inventor to file provisions of the AIA.
`
`2.
`
`In the eventthe determination of the status of the applicationas subjectto AIA35
`
`U.S.C. 102 and 103 (or as subjectto pre-AlA 35 U.S.C. 102 and 103) is incorrect, any correction
`
`of the statutory basis for the rejection will not be considered a new ground of rejectionif the
`
`prior art relied upon, and the rationale supporting the rejection, would be the same under
`
`eitherstatus.
`
`

`

`Application/Control Number: 16/606,395
`Art Unit: 2468
`
`Page 3
`
`Claim Rejections - 35 USC § 103
`
`The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness
`
`rejections set forth in this Office action:
`
`A patentfor a claimed invention may not be obtained, notwithstanding that the
`claimed invention is not identically disclosed as set forth in section 102, ifthe
`differences between the claimed invention and the prior art are such that the
`claimed invention as a whole would have been obvious before the effectivefiling
`date of the claimed inventiontoa person having ordinary skillinthe art to which
`the claimed invention pertains. Patentability shall not be negated by the manner
`in which the invention was made.
`
`1.
`
`Claims 1-2, 6-9, are rejected under 35 USC 103(a) as being unpatentable over Luo etal
`
`(US 2010/0067591 A1) in view of Harada et al (US Pub. No. 2019/0045458 A1).
`
`Regarding claim 1, Luo discloses “A terminal” (see Luo figure 6; access terminal);
`
`comprising “circuitry, which, in operation, selects one generation method from a plurality of
`
`generation methods for reference signals” (see Luo figure 6, element 610, 4] 0073; Waveform
`
`control component 610 can select a type of waveform to be utilized for uplink transmission
`
`and signal generation component612 can yield a reference signal based upon the selected
`
`type of waveform;fig. 4, steps 402, 403, 4 0066. 4 0067; selectinga waveform type that will
`
`be used to generate a referencesignal); “wherein the one generation method is uniquely
`
`correlated with [}]” (see Luo figure 6, element610, 4 0073; Waveform control component 610
`
`can select a type of waveform tobe utilized for uplink transmission and signal generation
`
`component612 can yield a reference signal based upon the selected type of waveform;fig. 4,
`
`

`

`Application/Control Number: 16/606,395
`Art Unit: 2468
`
`Page 4
`
`steps 402, 403, 4] 0066. 4] 0067; selecting a waveform type that will be used to generate a
`
`reference signal). Moreover, Luo discloses the limitation of “and a transmitter” (See Luo fig. 6,
`
`element 616); “which, in operation, transmits the reference signals generated in accordance
`
`with the selected generation method.”(see Luo figure 4, step 406 and {| 0067; Luo discloses
`
`reference signal generated using the selected waveform type can be sentas part of the uplink
`
`transmission (e.g., to the base station, ..). Hence, the reference signal can identify the type
`
`of waveform utilized for the uplink transmission).
`
`Luo does not appear to explicitly disclose that the one generation is correlated with “a
`
`number of terminals that transmit the reference signalsina partial band obtained by dividinga
`
`system band”. However, Harada discloses a numberof terminals that transmit the reference
`
`signals in a partial band obtained by dividing asystem band; (See Harada {| 0061; generation
`
`methods; 40116;
`
`reduces interference between terminals by dividing a system bandwidth
`
`into bands comprising one or continuous resource blocks for each terminal for a plurality of
`
`terminals to be able to use different bands among each other).
`
`It would have been obvious to
`
`one of ordinary skillin the art, before the effective date of the invention, having the teachings
`
`of Luo and Harada before him or her, to modify the invention of Luo to transmit the reference
`
`signals in a partial band obtained by dividing asystem band. The suggestion for doing so
`
`would have been to reduces interference between terminals. (4s 0116).
`
`Regarding claim 2, claim 1 is incorporated as stated above.
`
`In addition, the combination
`
`of Luo and Harada further discloses “wherein the circuitry, inoperation, selects the one
`
`

`

`Application/Control Number: 16/606,395
`Art Unit: 2468
`
`Page5S
`
`generation method in accordance with power headroom of the terminal ora path-loss level of
`
`the terminal.”; (see Luo 4 0016).
`
`Regarding claim 6, claim 1 is incorporated as stated above.
`
`In addition, the combination
`
`of Luo and Harada further discloses “whereinthe circuitry, in operation, selects the one
`
`generation methodin accordance with a type of the referencesignals.”; (see Luo 4] 0066, 4]
`
`0067)
`
`Regarding claim 7, claim 1 is incorporated as stated above.
`
`In addition, the combination
`
`of Luo and Harada further discloses “wherein the circultry, in operation, selects the ane
`
`generation method in accordance with a type of a service performed by the terminal.”; (see Luo
`t”
`
`4] 0066,
`
`4] 0067)
`
`Regarding claim 8, claim 1 is incorporated as stated above.
`
`In addition, the combination
`
`of Luo and Harada further discloses “wherein the circuitry, in operation, selects the one
`
`generation methodin accordance with a subcarrier spacing specified for the terminal”; (see
`
`Luo {| 0066, {| 0067)
`
`Regarding claim 9, claim 1 is incorporated as stated above.
`
`In addition, the combination
`
`of Luo and Harada further discloses “wherein the circuitry, in operation, selects the one
`
`generation methadin accordance with a frame format type specified forthe terminal’; (see Luo
`j”
`
`4] 0066,
`
`4] 0067)
`
`

`

`Application/Control Number: 16/606,395
`Art Unit: 2468
`
`Page 6
`
`Claims3 is rejected under 35 USC 103(a) as being unpatentable over Luo et al (US
`
`2010/0067591 A1) in view of Lee et al (US Pub. No. 2013/0078913 A1) and further in view of
`
`Liu et al (US Pub. No. 2014/0086093 A1).
`
`Mostof the limitations of claim 3 have been noted inthe rejection of claim 1.
`
`Applicant’s attention is directed to the rejection of claim 1 above. Luo does not appear to
`
`explicitly disclose selects the one generation method in accordance with a transmission
`
`bandwidth of the terminal. However, Liu discloses selects the one generation method in
`
`accordance with a transmission bandwidth of the terminal; (See Liu 7 0101; 4] 104; generating
`
`reference signal according the maximum bandwidth).
`
`It would have been obvious to one of
`
`ordinary skillinthe art, before the effective date of the invention, having the teachings of Luo
`
`and Liu before him or her, to modify the invention of Luo to select the waveform used for
`
`Refernce signal generation as taught by Luo according to bandwidthas taught by Liu. The
`
`suggestion for doing so would have been to improve the performance of the system by
`
`improving generating a referencesignal initialization sequence by a system ({] 0008).
`
`2.
`
`Claims 10 is rejected under 35 USC 103(a) as being unpatentable over Luo et al (US
`
`Pub. No. 2011/0235632 A1) in view of Harada et al (US Pub. No. 2019/0045458 A1) and
`
`further in view of Choi et al (US Pub. No. 2020/0036493 A1).
`
`

`

`Application/Control Number: 16/606,395
`Art Unit: 2468
`
`Page 7
`
`Mostof the limitations of claim 10 have been notedin the rejection of claim 1.
`
`Applicant’s attention is directed to the rejection of claim 1 above. Luo does not appear to
`
`explicitly disclose wherein the plurality of generation methods include a first generation
`
`method by which each of the reference signalsis generated by using one code sequence and a
`
`second generation method by which each of the reference signals is generated by
`
`concatenating one or more code sequences. However, Choi discloses wherein the plurality of
`
`generation methods include a first generation method by whicheach of the reference signals is
`
`generated by using one code sequence and a second generation method by which each of the
`
`reference signals is generated by concatenating one or more code sequences; (See Choi J 0083,
`
`4/0107).
`
`It would have been obvious to one of ordinary skillin the art, before the effective date
`
`of the invention, having the teachings of Luo and Choi before himor her, to modify the
`
`invention of Luo to generation method by which each of the reference signals is generated by
`
`concatenating one or more code sequences. The suggestion for doing so would have been to
`
`raise resource utilization efficiency and improving communication performance ({| 0014).
`
`3.
`
`Claims 11 - 18 are rejected under 35 USC 103(a) as being unpatentable over Choi et al
`
`(US 2020/0036493 A1) in view of Harada et al (US Pub. No. 2019/0045458 A1).
`
`

`

`Application/Control Number: 16/606,395
`Art Unit: 2468
`
`Page 8
`
`Regarding claim 11, Choi discloses “selecting one generation method from a plurality of
`
`generation methods”(See 4 0094 and table 10; -select one method for NR SRS sequence
`
`generation); “the plurality of generation methods using different numbers of code sequences
`
`to generate reference signals” (See 4 0094 and table 10; -select one method for NR SRS
`
`sequence generation; 4] 0095; SRS sequence generation methods in the NR system, the
`
`methods of Alt-1 and Alt-2 in Table 10 may be considered); “wherein the one generation
`
`method is uniquely correlated with [7” (see Luo figure 4 0094 - 4 0095). Moreover, Luo
`
`discloses the limitation of “transmitting the reference signals generated in accordance with the
`
`selected generation method”(see Luo ¥ 0137, 4 0138;).
`
`Choi does not appear to explicitly disclose that the one generation is correlated with
`
`“(1) a number of terminals that transmit the reference signalsina partial band obtained by
`
`dividing a system band, or with (ii) combs constituting the partial band”. However, Harada
`
`discloses (1) anumber of terminals that transmit the reference signalsina partial band
`
`obtained bydividing a system band, or with (ii) combs constituting the partial band; (See
`
`Harada 4] 0061; generation methods; 40116;
`
`reduces interference betweenterminals by
`
`dividing a system bandwidth into bands comprising one or continuous resource blocks for
`
`each terminal for a plurality of terminals to be able to use differentbands among each other).
`
`lt would have been obviousto one of ordinary skill inthe art, before the eff ective date of the
`
`invention, having the teachings of Choi and Harada before him or her, to modify the invention
`
`of Luo to transmit the reference signalsin a partial band obtained by dividingasystem band.
`
`The suggestion for doing so would have been to reduces interference between terminals. (Is
`
`0116).
`
`

`

`Application/Control Number: 16/606,395
`Art Unit: 2468
`
`Page 9
`
`Regarding claim 12, claim 11 is incorporated as stated above.
`
`In addition, the
`
`combination of Choi and Harada furtherdiscloses “selecting the one generation method in
`
`accordance with power headroom or a path- loss level”; (see Choi 4 0016 and Harada 4] 0012,
`
`0013).
`
`Regarding claim 13, claim 11 is incorporated as stated above.
`
`In addition, the
`
`combination of Choi and Harada furtherdiscloses “selecting the one generation method in
`
`accordance with a transmission bandwidth.”; (see Choi 4 0081, , 4] 0094)
`
`Regarding claim 14, claim 11 is incorporated as stated above.
`
`In addition, the
`
`combination of Choi and Lee further discloses “electing the one generation method in
`
`accordance with a type of the reference signals”; (see Choi 4 0081, , 4 0094)
`
`Regarding claim 15, claim 11 is incorporated as stated above.
`
`In addition, the
`
`combination of Choi and Harada furtherdiscloses “selecting the ane generation method in
`
`accordance with a type of a service”; (see Choi 7 0079, 4 0094)
`
`Regarding claim 16, claim 11 is incorporated as stated above.
`
`In addition, the
`
`combination of Choi and Harada furtherdiscloses “selecting the one generation methad in
`
`accordance with a subcarrier spacing”; (see Choi 4 0078,
`
`4] 0094)
`
`

`

`Application/Control Number: 16/606,395
`Art Unit: 2468
`
`Page 10
`
`Regarding claim 17, claim 11 is incorporated as stated above.
`
`In addition, the
`
`combination of Choi and v further discloses “selecting the ane generation methad in
`
`accordance with a frame format type”; (see Choi 4 0057, 4 0058)
`
`Regarding claim 18, claim 11 is incorporated as stated above.
`
`In addition, the
`
`combination of Choi and Harada furtherdiscloses “herein the plurality of generation methods
`
`include a first generation method by which each of the reference signals is generated by using
`
`one code sequence and a second generation methad by which each of the reference signals is
`
`generated by concatenating one or more codé sequences.”; (see Choi | 0094, 4 0095)
`
`4.
`
`Claims 19 - 22 are rejected under 35 USC 103(a) as being unpatentable over Choi et al
`
`(US 2020/0036493 A1) in view of Lee et al (US Pub. No. 2013/0078913 A1).
`
`Regarding claim 11, Choi discloses “circuitry, which, incperation, selects one generation
`
`method from a plurality of generation methads” (See 4 0094 and table 10; -select one method
`
`for NR SRS sequence generation); “the plurality of generation methods using different
`
`numbers of code sequences to generate reference signals” (See J 0094 and table 10; -select
`
`one methodfor NR SRS sequence generation; 4] 0095; SRS sequence generation methodsin
`
`the NR system, the methods of Alt-1 and Alt-2 in Table 10 may be considered); “wherein the
`
`one generation method is uniquely correlated with {1°
`
`(see Luo figure | 0094 - 40095).
`
`Moreover, Luo discloses the limitation of “a transmitter, which, in operation, transmits the
`
`

`

`Application/Control Number: 16/606,395
`Art Unit: 2468
`
`Page 11
`
`reference signals generated in accordance with the selected generation method.” (see Luo q
`
`0137,
`
`4] 0138;).
`
`Choi does not appear to explicitly disclose that the one generation is correlated with
`
`“(combsconstituting a partial band obtained by dividing a system band”. However, Lee
`
`discloses combsconstituting a partial band obtained by dividing asystem band; (See Lee J]
`
`0187; discloses two available combs with full band and combswith partial combs; { 0183;
`
`UE maysufficiently perform SRS transmission through a partial-band aperiodic SRS, 4 0154).
`
`lt would have been obviousto one of ordinary skill inthe art, before the eff ective date of the
`
`invention, having the teachings of Luo and Lee before him or her, to modify the invention of
`
`Luo to correlate, combs with partial band taught by Liu, with the one-generation taught by Lee.
`
`The suggestion for doing so would have been to increase the efficiency of channel estimation
`
`of a specific bandwidth. ({]s 0188).
`
`Regarding claim 20, claim 19 is incorporated as stated above.
`
`In addition, the
`
`combination of Choi and Lee further discloses “wherein the circultry, in operation, selects the
`
`one generation methodin accordance with power headroom of the terminal ara path- lass
`
`level af the terminal”; (see Choi J 0016 and Harada 4 0012, 0013).
`
`Regarding claim 21, claim 19 is incorporated as stated above.
`
`In addition, the
`
`combination of Choi and Lee further discloses “wherein the circuitry, in operation, selects the
`
`one generation methodin accordance witha transmission bandwidth of the terminal.”; (see
`1”
`
`Choi 4] 0081, , 4] 0094).
`
`

`

`Application/Control Number: 16/606,395
`Art Unit: 2468
`
`Page 12
`
`Regarding claim 22, claim 19 is incorporated as stated above.
`
`In addition, the
`
`combination of Choi and Lee further discloses “wherein the plurality of generation methods
`
`include a first generation method by which each of the reference signals is generated by using
`
`one code sequence and a second generation methad by which each of the reference signalsis
`
`generated by concatenating one or more cade sequences”; (see Choi J 0016 and Harada q
`
`0012, 0013).
`
`Response to Arguments
`
`1.
`
`Applicant’s arguments with respect to the claims have beenconsidered but are moot
`
`because the argumentsdo not apply to any of the references being used in the current
`
`rejection.
`
`Conclusion
`
`Applicant's amendment necessitated the new ground(s) of rejection presented in this
`
`Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicantis
`
`reminded of the extension of time policy as set forth in37 CFR 1.136(a).
`
`A shortened statutory period for reply to this final action is setto expire THREE MONTHS
`
`from the mailing date of this action.
`
`In the eventa firstreply is filed within TWO MONTHS of
`
`the mailing date of this final action and the advisory action is not mailed until afterthe end of
`
`the THREE-MONTH shortened statutory period, thenthe shortened statutory period will expire
`
`

`

`Application/Control Number: 16/606,395
`Art Unit: 2468
`
`Page 13
`
`on the date the advisory action is mailed, and any extension fee pursuantto 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 laterthan SIX MONTHS from the date of this final action.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examinershould be directed to KHALED M KASSIM whosetelephone number is (571)270-3770.
`
`The examinercan normally be reached 10:00 am - 6:00 PM.
`
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`
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`
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`
`supervisor, Asad Nawaz can be reached on 571-272-3988. The fax phone number for the
`
`organization wherethis application or proceeding is assigned is 571-273-8300.
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`

`

`Application/Control Number: 16/606,395
`Art Unit: 2468
`
`Page 14
`
`/KHALED M KASSIM/
`Primary Examiner, Art Unit 2468
`
`