`
`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
`
`11/10/2020
`
`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*
`1-11 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`CC) Claim(s)
`is/are allowed.
`Claim(s) 1-11 is/are rejected.
`S)
`) O Claim(s)___is/are objected to.
`C) 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)) 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:
`c)X None ofthe:
`b)L) Some**
`a) All
`1.4] 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 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) (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 20201 103
`
`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 10/18/2019.
`LC} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)(J This action is FINAL. 2b))This action is non-final.
`3) 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\(Z 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
`
`Notice of Pre-AlA or AIA Status
`
`1.
`
`The present application, filed onor after March 16, 2013, isbeing examined underthe
`
`first inventor to file provisions of the AIA.
`
`2.
`
`Inthe eventthe determination of the status of the applicationas subjectto AIA35
`
`U.S.C. 102 and 103 (oras subjectto pre-AlA 35 U.S.C. 102 and 103)
`
`is incorrect, any correction
`
`of the statutory basis for the rejection will not be considereda new ground of rejectionif the
`
`prior art relied upon, and the rationale supporting the rejection, would be the same under
`
`eitherstatus.
`
`Claim Rejections - 35 USC § 102
`
`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 made in this Office action:
`
`A person shall be entitled toa patent unless —
`
`(a)(1) the claimed invention was patented, describedina printed publication, or
`in public use, on sale, or otherwise available tothe publicbefore the effective
`filing date of the claimed invention.
`
`
`
`Application/Control Number: 16/606,395
`Art Unit: 2468
`
`Page 3
`
`1.
`
`Claims 1-2, 4-9 and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by
`
`Luo etal (US 2010/0067591 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 component 612 can yielda 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 reference signal). Moreover, Luo discloses the limitation of “and a
`
`transmitter” (See Luo fig. 6, element 616); “which, in operation, transmits the referencesignals
`
`generated in accordance withthe selected generation method.” (see Luo figure 4, step 406 and
`
`{| 0067; Luo discloses reference signal generated using the selected waveform type can be
`
`sent as 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).
`
`
`
`Regarding claim 2, claim1is incorporated as stated above. In addition, Luo further
`
`discloses “wherein the circuitry, in operation, selects the one generation method in accordance
`
`with power headroom ofthe terminal or a path-loss level of the terminal.”; (see Luo 4 0016).
`
`
`
`Application/Control Number: 16/606,395
`Art Unit: 2468
`
`Page 4
`
`Regarding claim 4, claim 1 is incorporated as stated above.
`
`In addition, Luo further
`
`discloses “wherein the circuitry, in operation, selects the one generation method uniquely
`
`correlated witha parameter associated with a frequency resource for use in transmission of the
`
`reference signals”; (see Luo 4 0066).
`
`Regarding claim 5, claim 4 is incorporated as stated above.
`
`In addition, Luo further
`
`discloses “wherein the parameter includes a number of terminals that transmit the reference
`
`signals in a partial band obtained by dividing asystem band, a bandwidth of the partial band, or
`
`combs constituting the partial band.”; (see Luo 4 0045, 4 0042)
`
`Regardingclaim 6, claim 1 is incorporated as stated above.
`
`In addition, Luo further
`
`discloses “wherein the circuitry, in operation, selects the one generation method in accordance
`
`witha type of the reference signals.”; (see Luo 4] 0066, 4 0067)
`
`Regarding claim 7, claim 1 is incorporated as stated above.
`
`In addition, Luo further
`
`discloses “wherein the circultry, in operation, selects the one generation method in accordance
`
`witha tyoe of a service performed by the terminal.”; (see Luo | 0066, 4 0067)
`
`
`
`Regarding claim 8, claim1is incorporated as stated above. In addition, Luo further
`
`discloses “wherein the circuitry, in operation, selects the one generation method in accordance
`
`witha subcarrier spacing specified for the terminal’; (see Luo J 0066,
`
`4] 0067)
`
`
`
`Application/Control Number: 16/606,395
`Art Unit: 2468
`
`Page5S
`
`Regardingclaim 9, claim 1 is incorporated as stated above.
`
`In addition, Luo further
`
`discloses “wherein the circultry, in operation, selects the one generation method in accordance
`
`with a frame format type specified forthe terminal”; (see Luo J 0066,
`
`4] 0067)
`
`Claim 11 is the method claim corresponding to the terminal claim 1 that has been
`
`rejectedabove. Applicant attention is directed to the rejection of claim1. Claim 11 is rejected
`
`under the same rational as claim 1.
`
`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 betweenthe claimed invention and the prior art are such that the
`
`
`
`Application/Control Number: 16/606,395
`Art Unit: 2468
`
`Page 6
`
`claimed invention as a whole would have been obvious before the effectivefiling
`date of the claimed invention toa person having ordinary skill inthe art to which
`the claimed invention pertains. Patentability shall not be negated by the manner
`in which the invention was made.
`
`1.
`
`Claim 3 is rejected under 35 USC 103(a) as being unpatentable over Luoet al (US
`
`2010/0067591 A1) 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 4 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.
`
`Claim 10 is rejected under 35 USC 103(a) as being unpatentable over Luo et al (US Pub.
`
`No. 2011/0235632 A1) 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 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. However, Choi 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 method by which each of the
`
`reference signals is generated by concatenating one or more code sequences; (See Choi 7 0083,
`
`4] 0107).
`
`It would have been obvious to one of ordinary skillinthe 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 eachof 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).
`
`Conclusion
`
`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 on 10:00 am - 6:00 PM.
`
`Examinerinterviews are available via telephone, in-person, and video conferencing
`
`using a USPTO supplied web-based collaboration tool. To schedule an interview,applicantis
`
`
`
`Application/Control Number: 16/606,395
`Art Unit: 2468
`
`Page 8
`
`encouraged to use the USPTO Automated Interview Request(AIR) at
`
`http://www.uspto.gov/interviewpractice.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`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.
`
`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 obtained from either Private PAIR or PublicPAIR. Status information for unpublished
`
`applications is available through Private PAIR only. For more information about the PAIR
`
`system, see https://ppair-my.uspto.gov/pair/Private Pair. Should you have questions on access
`
`to the Private PAIR system, contact the Electronic Business Center(EBC) at 866-217-9197 (toll-
`
`free). If you would like assistance from a USPTO Customer Service Representative or access to
`
`the automated information system, call 800-786-9199 (INUSA OR CANADA) or 571-272-1000.
`
`/KHALED M KASSIM/
`Primary Examiner, Art Unit 2468
`
`