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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
`
`16/618,608
`
`12/02/2019
`
`TOMOYA NUNOME
`
`731456.557USPC
`
`8956
`
`Seed IP Law Group LLP/Panasonic (PIPCA)
`701 5th Avenue, Suite 5400
`Seattle, WA 98104
`
`BLANTON,JOHN D
`
`ART UNIT
`
`2466
`
`PAPER NUMBER
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`NOTIFICATION DATE
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`DELIVERY MODE
`
`09/07/2021
`
`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)
`
`

`

`
`
`Disposition of Claims*
`1-15 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) 4-12 and 14-15 is/are withdrawn from consideration.
`() Claim(s)__ is/are allowed.
`Claim(s) 1-3 and 13 is/are rejected.
`S)
`) © 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:/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 been received 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:
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`4)
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20210828
`
`Application No.
`Applicant(s)
`16/618,608
`NUNOME etal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`JOHN D BLANTON
`2466
`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 7/26/2021.
`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.
`
`

`

`Application/Control Number: 16/618,608
`Art Unit: 2466
`
`Page 2
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`Notice of Pre-AlA or AIA Status
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`The present application, filed on or after March 16, 2013, is being examined
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`under the first inventor to file provisions of the AIA.
`
`Claim Rejections - 35 USC § 102
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`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that
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`form the basis for the rejections under this section madein this Office action:
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`A personshall be entitled to a patent unless —
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`(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.
`
`(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.
`
`Claim(s) 1, 3, and 13 is/are rejected under 35 U.S.C. 102(a)(1)(a)(2) as being
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`anticipated by Zhang et al. (US 2019/0215128) (“Zhang”).
`
`For claims 1 and 13; Zhang discloses:
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`terminal comprising: circuitry, which, in
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`operation, generates, based onafirst parameter included in eachof a plurality of
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`downlink control signals (paragraph 81-82, 86: counter DAI andtotal DAI...indicate the
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`numberof CBGs...UE receives data transmitted by a network device on the plurality of carriers
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`anda plurality of time units, and downlink assignmentindices used for configuring feedback
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`information transmitted by the network device on one or more carriers anda plurality of time
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`units), the first parameter indicating a cumulative count of code block groups configuring
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`eachof a plurality of transport blocks assigned by the plurality of downlink control
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`signals (paragraph 81-82, 86: counter DAIandtotal DAI...indicate the number of CBGs...UE
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`receives data transmitted by a network device on the plurality of carriers and a plurality of time
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`units, and downlink assignment indices used for configuring feedback information transmitted by
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`

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`Application/Control Number: 16/618,608
`Art Unit: 2466
`
`Page 3
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`the network device on one or more carriers anda plurality of time units), a response signalfor
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`each of the code block groups (paragraph 82: by grouping and reordering carriers and
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`independently defining and using a counter DAI and a total DAI in each group, HARQ-ACK
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`feedback based on CBGs maybe supported); and a transmitter, which, in operation,
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`collectively transmits the response signals for each of the code block groups (paragraph
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`88: UE transmits feedback information to which the groups correspondto the network device
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`after cascading the feedback information).
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`For claim 3; Zhang discloses: wherein eachof the plurality of downlink control
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`signals includes the first parameter and a second parameter indicating a setting value of
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`a total number of the code block groups assigned bythe plurality of downlink control
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`signals, and the setting value indicated in the second parameter is a value larger than
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`the total number (paragraph 157: carriers with a difference between the numbers of CBGs
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`thereof not exceeding n may be assignedinto a group, and a value of n maybeflexibly adjusted,
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`which is usually expectedto be a relatively small value. For carriers in the same group,onlyif a
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`difference between the numbers of CBGsis not large, reserving HARQ-ACKbits according to the
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`maximum numberof CBGswill not result in heavy waste, thereby being advantageous to saving
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`overhead of HARQ-ACKfeedback).
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`Claim Rejections - 35 USC § 103
`
`The following is a quotation of 35 U.S.C. 103 which forms the basis for all
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`obviousnessrejections setforth in this Office action:
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`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.
`
`

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`Application/Control Number: 16/618,608
`Art Unit: 2466
`
`Page 4
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`The factual inquiries for establishing a background for determining obviousness
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`under 35 U.S.C. 103 are summarized asfollows:
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`1. Determining the scope and contents of the prior art.
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`2. Ascertaining the differences between the prior art and the claims at issue.
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`3. Resolving the level of ordinary skill in the pertinent art.
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`4. Considering objective evidence presentin the application indicating
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`obviousness or nonobviousness.
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`Claim 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang in
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`view of Chen et al. (US 2017/0142695) (“Chen”).
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`For claim 2; Zhang discloses the subject matter in claim 1 as described abovein
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`the office action.
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`Zhang does not expressly disclose, but Chen from similar fields of endeavor
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`teaches: wherein each ofthe plurality of downlink control signals includes the first
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`parameter, and does not include a second parameter indicating a setting value of a total
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`number of the code block groups assigned by the plurality of downlink control signals
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`(paragraph 54:
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`In yet another scheme or mechanism, the HARQ payloadsize granularity used
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`for HARQ feedback may depend on whethertotal DAI is present. That is, when there is no total
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`DAlin a DL grant and there is no UL grant (hence no total DAI from UL grants), a UE may
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`determine the HARQ payload size based on comparing detected scheduled subframes (N_HARQ)
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`to a first set of HARQ payload sizes). Thus it would have been obvious to the person of
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`ordinary skill in the art at the time of the invention to implement the signaling as
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`described by Chen in the acknowledgement scheme as described by Zhang. The
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`motivation is to implement different schemes based on signaling.
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`Conclusion
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`

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`Application/Control Number: 16/618,608
`Art Unit: 2466
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`Page 5
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`The prior art made of record and notrelied upon is considered pertinent to
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`applicant's disclosure. Yang et al. (US 2018/0159665); Yang discloses DAI signaling in
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`a HARQ-ACK scheme.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to JOHN D BLANTONwhosetelephone number is
`
`(571)270-3933. The examiner can normally be reached on 7am-6pm EST, Mon-Thu.
`
`Examiner interviews are available via telephone, in-person, and video
`
`conferencing using a USPTO supplied web-based collaboration tool. To schedule an
`
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`
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`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
`
`supervisor, Faruk Hamza can be reached on 571-272-7969. The fax phone number for
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`the organization where this application or proceeding is assigned is 571-273-8300.
`
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`
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`
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`

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`Application/Control Number: 16/618,608
`Art Unit: 2466
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`Page 6
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`/JOHN D BLANTON/
`Primary Examiner, Art Unit 2466
`
`