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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
`
`16/618,469
`
`12/02/2019
`
`Quan KUANG
`
`736456.485USPC
`
`5903
`
`Seed IP Law Group LLP/Panasonic (PIPCA)
`701 5th Avenue, Suite 5400
`Seattle, WA 98104
`
`TON, DANG T
`
`PAPER NUMBER
`
`ART UNIT
`
`2476
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`07/29/2021
`
`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.
`16/618,469
`Examiner
`DANG T TON
`
`Applicant(s)
`KUANG etal.
`Art Unit
`2476
`
`AIA (FITF) Status
`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 12/02/2019.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)L) This action is FINAL. 2b)¥)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*
`1-15 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`(J Claim(s)__ is/are allowed.
`Claim(s) 1-3,5,7-10,12 and 14-1515 is/are rejected.
`Claim(s) 4,6,11 and 13 is/are objected to.
`1) Claim(s
`are subject to 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)¥) All
`1.4) 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)
`
`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 20210413
`
`

`

`Application/Control Number: 16/618,469
`Art Unit: 2476
`
`Page 2
`
`Notice of Pre-AlA or AIA Status
`
`1.
`
`The present application, filed on or after March 16, 2013, is being examined
`
`under the first inventor to file provisions of the AIA.
`
`2. Claims 1-15 are objected to 37 CFR 1.75 because of the following formality:
`
`In claim 1 lines 15 and 18, the term “can” is not positive claimed limitation. It is
`
`suggested applicant to removethe term. Similar problem exists in claims 8 and 14-15.
`
`Also, the limitations after the term “can’ is not considered the claimed limitation.
`
`(a)(1) the claimed invention was patented, described in a printed publication, or in public use,
`
`on sale, or otherwise available to the public before the effectivefiling date of the claimed
`
`invention.
`
`3. Claims 1, 2, 5, 7, 8, and 14 are rejected under 35 U.S.C. 102 (a1) as being
`
`anticipated by Panasonic “ ZP CSI-RS FOR PDSCH RATE MATCHING”
`
`For independentclaims 1,8, and 14 Panasonic “ ZP CSI-RS FOR PDSCH RATE
`
`MATCHING’discloses "A transmission device comprising:
`
`a circuitry which, in operation, maps data and/or a reference signal onto a resource unit
`
`of a communication system (see Fig. 2, representing data and/or reference signals
`
`mapped onto a resource unit), the resource unit including subcarriers ofafirst
`
`numerology and subcarriers of a second numerology, each of the subcarriers being
`
`orthogonalto the other subcarriers of the same numerologies (see Fig. 2, where
`
`

`

`Application/Control Number: 16/618,469
`Art Unit: 2476
`
`Page 3
`
`subcarriers of two numerologies are frequency-multiplexed, a numerology with a
`
`subcarrier spacing, SCS, of 15 KHz and a numerology with SCS = 30 kHz), anda
`
`transmitter which, in operation, transmits the mapped data and/or reference signal in the
`
`resource unit, including subcarriers of the first and/or of the second numerology,
`
`and wherein the transmitter, in operation, also transmits an indication of the mapping for
`
`the resource unit, which comprises references to subcarriers from the subcarriers of the
`
`first and/ or the second numerology (see section 2.2, discussing approaches to the
`
`signaling of mapping information and this information will in any case comprise, implicit
`
`or explicit, references to the subcarriers of the first and/or of the second numerology),
`
`wherefor the first numerology, all subcarriers of the resource unit can be referenced
`
`(this seems to hold always true, subcarriers can always be referenced).
`
`For dependent claims 2,5, and 7, Panasonic “ ZP CSI-RS FOR PDSCH RATE
`
`MATCHING’also teach wherein: the circuitry, in operation, maps the data to the
`
`subcarriers of one of the first and second numerologies, and maps the reference signal
`
`fo subcarriers of the respective other numerology of the first and second
`
`numeraiogiesiciaims 2: see Fig. 2; claim 7: see section 2.2, which exclusively refers fo
`
`signaling of CSLARS resources in a setting as the ane illustrated in Fig. 2); and wherein:
`
`the transmitter, in operation, transmits the indication of the mapping for the resource
`
`unit which is exclusively referencing the subcarriers of the first or the second
`
`numerology, ar
`
`the resource unit has 4 tune-curalion comprising at least one symbol in
`
`atime domain, and the circuitry, in operation, maps the cata and/or reference signal
`
`onto the at least one symbol comprised in the resource unit, and the transmitter, in
`
`

`

`Application/Control Number: 16/618,469
`Art Unit: 2476
`
`Page 4
`
`operation, transmis an indication of the mapping for each of the symbols comprised in
`
`the resource unit ( See claims 2: see Fig. 2: claim 7: see sectian 2.2, which exclusively
`
`refers to signaling of CSRS resources in a setting as the one iNustrated in Fig. 2).
`
`Far clair 5, Panasonic “ZP CSI-RS FOR PDSCH RATE MATCHING”
`
`reveals zero-power transmission in one of the numerologies to prevent interference
`
`due to non-orthogonality (see Fig. 2) . Note this limitations also cited in claim 12
`
`4. The factual inquiries for establishing a background for determining obviousness
`
`under 35 U.S.C. 103 are summarized asfollows:
`
`1. Determining the scope and contents of the prior art.
`
`2. Ascertaining the differences between the prior art and the claims at issue.
`
`3. Resolving the level of ordinary skill in the pertinent art.
`
`4. Considering objective evidence presentin the application indicating
`
`obviousness or nonobviousness.
`
`5. 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 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 was made.
`
`

`

`Application/Control Number: 16/618,469
`Art Unit: 2476
`
`Page 5
`
`6. Claims 310 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Panasonic “ ZP CSI-RS FOR PDSCH RATE MATCHING?’in view of PANASONIC:
`
`"CSI acquisition for mixed numerology".
`
`For claims 3,10, and 12 , Panasonic “ ZP CSI-RS FOR PDSCH RATE MATCHING’in
`
`view of ZTE ET AL. “ Frequency multiplexing of numerologies” disclosesall the subject
`
`matter of the claimed invention with the exception of the subcarriers of the second
`
`numerology comprise, further fo the inter- numerology-orthoagonal subcarriers, non-inter-
`
`numergiogy-arihogonal subcarriers not centrally aloned with any subcarrier of the first
`
`numerology and located between two adjacent subcarriers of the first numeraiagy.
`
`PANASONIC: "CSI acquisition for mixed numerology" from the same or similarfields of
`
`endeavor teachesa provision of the subcarriers of the second numerology comprise,
`
`further to the inier- nurmerology-orthogonal subcarriers, non-inler-numeralogy-
`
`orthaganal subcarriers not centrally aligned with any subcarrier of the first numerology
`
`and located between two adiacent subcarriers of the first numerology ( See Figure 2) in
`
`a communications nebvork. Thus, would have been obvious to the person of ordinary
`
`skill in the art at the time of the filling dale of the claimed invention to use the
`
`subcarriers of the second numerology comprise, further to the inter- numerclogy-
`
`orthogonal subcarriers, non-inter-numerology-orlhogonal subcarriers not centrally
`
`aligned with any subcarrier of the first numerology and located between two adjacent
`
`subcarriers of the first numerology as taught by PANASONIC: "CSI acquisition for mixed
`
`numerology" in the communication network of Panasonic “ ZP CSI-RS FOR PDSCH
`
`

`

`Application/Control Number: 16/618,469
`Art Unit: 2476
`
`Page 6
`
`RATE MATCHING?’in view of ZTE ET AL. “ Frequency multiplexing of numerologies”
`
`for the purpose using the different numerologies.
`
`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 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 was made.
`
`8. Claims 9 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Panasonic “ ZP CSI-RS FOR PDSCH RATE MATCHING’.
`
`For claims 9 and 15,
`
`the claims 9 and 15 depend from the claims and 14 respectively
`
`discloses. Panasonic “ ZP CSI-RS FOR PDSCH RATE MATCHING’discloses "A
`
`transmission device comprising:
`
`a circuitry which, in operation, maps data and/or a reference signal onto a resource unit
`
`of a communication system (see Fig. 2, representing data and/or reference signals
`
`mapped onto a resource unit), the resource unit including subcarriers ofafirst
`
`numerology and subcarriers of a second numerology, each of the subcarriers being
`
`orthogonalto the other subcarriers of the same numerologies (see Fig. 2, where
`
`subcarriers of two numerologies are frequency-multiplexed, a numerology with a
`
`

`

`Application/Control Number: 16/618,469
`Art Unit: 2476
`
`Page 7
`
`subcarrier spacing, SCS, of 15 KHz and a numerology with SCS = 30 kHz), and a
`
`transmitter which, in operation, transmits the mapped data and/or reference signal in the
`
`resource unit, including subcarriers of the first and/or of the second numerology,
`
`and wherein the transmitter, in operation, also transmits an indication of the mapping for
`
`the resource unit, which comprises references to subcarriers from the subcarriers of the
`
`first and/ or the second numerology (see section 2.2, discussing approaches to the
`
`signaling of mapping information and this information will in any case comprise, implicit
`
`or explicit, references to the subcarriers of the first and/or of the second numerology),
`
`wherefor the first numerology, all subcarriers of the resource unit can be referenced
`
`(this seems to hold always true, subcarriers can always be referenced).
`
`For claims 9 and 15, Panasonic “ ZP CSI-RS FOR PDSCH RATE MATCHING”
`
`discloses all the subject matter of the claimed invention with the exception of the
`
`circuitry, in operation, de-rnaps the data from the subcarriers of one of the first and
`
`second numerciogies, anc de-maps the reference signal fram subcarriers of the
`
`respective other numerology of ine first and second nurnerologies. However, he
`
`circuitry, in operation, de-rnaps the data from the subcarriers of one of the first and
`
`second numerciogies, and de-maps the reference signal fram subcarriers of the
`
`respective other numerclogy of the first and second nurnerologies is well-known since
`
`the reference does teach the mapping. Thus, it would have been obvious to the person
`
`of ordinary skill in the art at the time of the filing date of the claimed invention to use he
`
`circuitry, in operation, de-rnaps the data from the subcarriers of one of the first and
`
`second numerciogies, anc de-maps the reference signal fram subcarriers of the
`
`respective other numerology of ihe first and second nurnerologies as well-known in the
`
`

`

`Application/Control Number: 16/618,469
`Art Unit: 2476
`
`Page 8
`
`ari in the cormnurication network of Panasonic “ZP CSI-RS FOR PDSCH RATE
`
`MATCHING’for the purpose of de-mapping the reference signal from subcarriers of the
`
`respective other numerology of the first and second numerologies .
`
`10.._ The prior art made of record and notrelied upon is considered pertinent to
`
`applicant's disclosure.
`
`Wang etal. (2021/0119697) is cited to show a system which is considered pertinent to
`
`the claimed invention.
`
`11. Claims 4,6,11, and 13 are objected to as being dependent upon a rejected base
`
`claim, but would be allowable if rewritten in independent form including all of the
`
`limitations of the base claim and any intervening claims.
`
`12. Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to DANG T TON whosetelephone number is (571)272-
`
`3171. The examiner can normally be reached on Mondayto Friday 5:30 AM to 3:00
`
`PM.
`
`Examiner interviews are available via telephone, in-person, and video
`
`conferencing using a USPTO supplied web-basedcollaboration tool. To schedule an
`
`interview, applicant is encouraged to use the USPTO Automated Interview Request
`
`(AIR) at http:/Awww.uspto.gov/interviewpractice.
`
`

`

`Application/Control Number: 16/618,469
`Art Unit: 2476
`
`Page 9
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
`
`supervisor, Ayaz Sheikh can be reached on 571-272-3795. The fax phone number for
`
`the organization where this 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 Public PAIR.
`
`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/PrivatePair. Should you have questions on accessto 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 (IN USA OR CANADA)or 571-
`
`272-1000.
`
`/DANG T TON/
`
`Primary Examiner, Art Unit 2476
`
`/D.T.T/
`
`Primary Examiner, Art Unit 2476
`
`