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
`
`16/620,629
`
`12/09/2019
`
`LILEI WANG
`
`731456.560USPC
`
`9423
`
`Seed IP Law Group LLP/Panasonic (PIPCA)
`701 5th Avenue, Suite 5400
`Seattle, WA 98104
`
`TALUKDER, MD K
`
`ART UNIT
`
`2648
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`09/13/2021
`
`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*
`1-20 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`5a) Of the above claim(s) ___ is/are withdrawn from consideration.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) 1-2,7-13,15 and 17-20 is/are rejected.
`S)
`) © Claim(s)____is/are objected to.
`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)
`
`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)
`
`4)
`
`Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20210908
`
`Application No.
`Applicant(s)
`16/620,629
`WANG etal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`MD K TALUKDER
`2648
`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 06/29/2021.
`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: 16/620,629
`Art Unit: 2648
`
`Page 2
`
`Notice of Pre-AIA or AIA Status
`
`1.
`
`The present application, filed on or after March 16, 2013, is being examined underthe
`
`first inventor to file provisions of the AJA.
`
`2.
`
`It would be of great assistance to the office if all incoming papers pertaining to a filed
`
`application carried the following items:
`
`1.
`il.
`lil.
`Iv.
`V.
`Vi.
`
`Application number (checked for accuracy, including series code andserial no.).
`Group art unit number (copied from most recent Office communication).
`Filing date.
`Nameof the examiner whoprepared the mostrecent Office action.
`Title of invention.
`Confirmation number (See MPEP§ 503).
`
`3.
`
`A request for continued examination under 37 CFR 1.114, including the fee set forth in
`
`37 CFR 1.17(e), wasfiled in this application after final rejection. Since this application is
`
`eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e)
`
`has been timely paid, the finality of the previous Office action has been withdrawn pursuantto
`
`37 CFR 1.114. Applicant's submission filed on 06/29/2021 has been entered.
`
`Response to Arguments
`
`4,
`
`Applicant's arguments with respect to claims have been considered but are moot in view
`
`of the new ground(s) of rejection.
`
`5.
`
`The Examinerhas pointed out particular references contained in the prior art of record
`
`within the bodyofthis action for the convenience of the Applicant. Although the specified
`
`citations are representative of the teachings in the art and are applied to the specific limitations
`
`within the individual claim, other passages, paragraph and figures may apply. Applicant, in
`
`

`

`Application/Control Number: 16/620,629
`Art Unit: 2648
`
`Page 3
`
`preparing the response, should considerfully the entire reference as potentially teachingall or
`
`part of the claimed invention, as well as the context of the passage as taught by the prior art or
`
`disclosed by the Examiner.
`
`6.
`
`Claim interpretation: When multiple limitations are connected with “OR”, one of the
`
`limitations does have any patentable weight since both ofthe limitations are optional.
`
`7. Improper Dependency: Claim 4 is objected because of improper dependent form. Claim 4 is
`
`depend on 2 or 3. Further correction is required. For the purpose of examination, examiner
`
`assume that claim 4 dependson claim 2.
`
`CLAIM OBJECTION
`
`8.
`
`a. Claims 2 & 14 are objected to as being dependent upon a rejected base claim, but
`
`would be allowable if rewritten in independent form includingall of the limitations of the base
`
`claim and any intervening claims. Claims 4, 5 & 16 are also objected since they are depend on
`
`the above claims.
`
`

`

`Application/Control Number: 16/620,629
`Art Unit: 2648
`
`Page 4
`
`Claim Rejection- 35 USC § 103
`
`9.
`
`The following is a quotation of 35 U.S.C. 103 which formsthe basis for all obviousness
`
`rejectionsset forth 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 of this title, if the differences between the claimed invention
`and the prior art are such that the claimed invention as a whole would have been obviousbefore 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.
`
`Claims 1, 7, 10-13, 18 & 20 are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Wang (Pub No. WO 2016/070352) and further in view of Chen (Pub No. 2018/0041889); and
`
`further in view of Takehana (Pub No. 2016/0014790).
`
`Regarding claim 1, Wang discloses a communication apparatus comprising circuitry
`
`operative to assign power (Fig. 7-8: Uplink power transmission) for transmitting the data at
`
`least according to a powerloss feature related to a particular target receiver (Para. 81, Base
`
`station communication and UEasrelay. Powerloss featureassigned power based on
`
`necessity) and a transmitter operative to transmit, to the plurality of target receivers, the data
`
`with the assigned power (Abstract & Para. 83 & 81: Powerallocation by the base station for
`
`UE. UEtransmit and relay data). Wang further discloses transmitter which, in operation,
`
`transmits, to the plurality of target receivers, the data with the assigned power(Para. 67:
`
`Transmit from BS to UE & Para. 81: Basestation transmit with specific power)
`
`Wangis silent regarding a circuitry operative to determine respective priorities of a
`
`plurality of target receivers to which data is transmitted.
`
`In a similar field of endeavor, Chen discloses circuitry operative to determine respective
`
`priorities of a plurality of target receivers to which data is transmitted and transmitting data
`
`

`

`Application/Control Number: 16/620,629
`Art Unit: 2648
`
`Page 5
`
`whichthepriority is height (Para. 75 & 80: determinepriorities of a plurality of target
`
`receivers & data transfer).
`
`Therefore it would have been obvious to one of the ordinary skilled in the art before the
`
`effective filing date of the invention to use the wireless communication system of Chen’s
`
`disclosure with the uplink downlink powercontrol system, as taught by Wang. Doing so would
`
`have result in improved efficiency of communications and higherreliability of controlling power
`
`for plurality of devices.
`
`Wangin view of Chenis silent regarding, the data are simultaneously transmitted to the
`
`plurality of target receivers in a subframe includingat least a plurality of first resource blocks
`
`allocated to onlyafirst one of the plurality of target receivers and a plurality of second resource
`
`blocks allocated to only a second oneofthe plurality of target receivers.
`
`Takehana discloses, wherein the data are simultaneously transmitted to the plurality of
`
`target receivers in a subframe includingatleast a plurality of first resource blocksallocated to
`
`only a first one of the plurality of target receivers (Fig. 12: Base station-200 allocate resource
`
`blocks to a first group A-SQ14) & (Para. 170-171) & (Para. 136: simultaneously allocates
`
`transmission) and a plurality of second resource blocksallocated to only a second oneofthe
`
`plurality of target receivers (Fig. 12: Base station-200 allocate resource blocks to a second
`
`group B-SQ16) (Para. 170-171).
`
`Atthe time offiling, it would have been obvious to use resource allocation system to
`
`allocate resources properly for robust communication for device to device in a wireless system
`
`Regarding claim 7 & 18, Wangis silent regarding the circuitry is operative to:
`
`determinethe priority of the target receiver corresponding to a QoSrelated priority of the data
`
`transmitted to the target receiver.
`
`

`

`Application/Control Number: 16/620,629
`Art Unit: 2648
`
`Page 6
`
`Chen discloses the circuitry is operative to: determine the priority of the target receiver
`
`corresponding to a QoSrelated priority of the data transmitted to the target receiver (Para. 77:
`
`Device priority based on quality of services).
`
`Atthe time offilling, it would have been obvious to use service quality to determine the
`
`priority of the devices for robust data communication.
`
`Regarding claim 10, Wang teaches resource blocks are allocated to the data transmitted
`
`to the target receivers subframe by subframe (Para. 39: resource blocksare allocated) & (Fig.
`
`3).
`
`Regarding claim 11, Wang discloses the communication apparatus is a relay user
`
`equipment (UE), and the target receivers are at least some of remote UEsand basestations (Fig.
`
`7).
`
`Regarding claim 12, Wang discloses the communication apparatus is a base station for
`
`assigning powerfor a relay UE to transmit the data to the target receivers, and the target
`
`receivers are at least some of remote UEs andbasestations (Fig. 7 & 13: assigning powerfor a
`
`relay).
`
`Regarding claim 13, Wang discloses a power control method, at a communication
`
`apparatus, comprising assigning powerfor transmitting the data at least according to a power
`
`loss feature related to a particular target receiver of which the priority is the highest (Fig. 7-8:
`
`Uplink powertransmission & Para. 81, Base station communication and UE asrelay.
`
`Powerloss feature>assigned power based on necessity) and a transmitter operative to
`
`transmit, to the plurality of target receivers, the data with the assigned power (Abstract & Para.
`
`83 & 81: Power allocation by the base station for UE. UE transmit and relay data).
`
`

`

`Application/Control Number: 16/620,629
`Art Unit: 2648
`
`Page 7
`
`Wangis silent regarding determining respective priorities of a plurality of target receivers
`
`to which data is transmitted.
`
`In a similar field of endeavor, Chen discloses determining respective priorities of a
`
`plurality of target receivers to which data is transmitted and transmitting data which the priority
`
`is height (Para. 75 & 80: determinepriorities of a plurality of target receivers & data
`
`transfer).
`
`Therefore it would have been obvious to one of the ordinary skilled in the art before the
`
`effective filing date of the invention to use the wireless communication system of Chen’s
`
`disclosure with the uplink downlink powercontrol system, as taught by Wang. Doing so would
`
`have result in improved efficiency of communications and higherreliability of controlling power
`
`for plurality of devices.
`
`Wangin view of Chenis silent regarding, the data are simultaneously transmitted to the
`
`plurality of target receivers in a subframe includingat least a plurality of first resource blocks
`
`allocated to onlyafirst one of the plurality of target receivers and a plurality of second resource
`
`blocks allocated to only a second oneofthe plurality of target receivers.
`
`Takehanadiscloses the data are simultaneously transmitted to the plurality of target
`
`receivers in a subframeincludingatleast a plurality of first resource blocks allocated to only a
`
`first one of the plurality of target receivers (Fig. 12: Base station-200 allocate resource blocks
`
`to a first group A-SQ14) & (Para. 170-171) & (Para. 136: simultaneously allocates
`
`transmission) and a plurality of second resource blocksallocated to only a second oneofthe
`
`plurality of target receivers (Fig. 12: Base station-200 allocate resource blocks to a second
`
`group B-SQ16) (Para. 170-171).
`
`

`

`Application/Control Number: 16/620,629
`Art Unit: 2648
`
`Page 8
`
`Atthe time offiling, it would have been obvious to use resource allocation system to
`
`allocate resources properly for robust communication for wireless system.
`
`Regarding claim 20, Wang discloses a communication apparatus, comprising: a receiver
`
`receives data whichis transmitted with a power from a transmitter (Para. 28-29: Uplink
`
`&Downlink data transfer between UE andbase stations) and a circuitry decodes the received
`
`data (Para. 30: Data obviously encode and decode between devices); and the poweris assigned
`
`at least according to a powerloss feature related to a particular target receiver (Para. 81, Base
`
`station communication and UEasrelay. Powerloss featureassigned power based on
`
`necessity).
`
`Wangis silent regarding a circuitry operative to determine respective priorities of a
`
`plurality of target receivers to which data is transmitted.
`
`In a similar field of endeavor, Chen discloses circuitry operative to determine respective
`
`priorities of a plurality of target receivers to which data is transmitted and transmitting data
`
`whichthepriority is height (Para. 75 & 80: determinepriorities of a plurality of target
`
`receivers & data transfer).
`
`Therefore it would have been obvious to one of the ordinary skilled in the art before the
`
`effective filing date of the invention to use the wireless communication system of Chen’s
`
`disclosure with the uplink downlink powercontrol system, as taught by Wang. Doing so would
`
`have result in improved efficiency of communications and higherreliability of controlling power
`
`for plurality of devices.
`
`Wangin view of Chenis silent regarding, the data are simultaneously transmitted to the
`
`plurality of target receivers in a subframe includingat least a plurality of first resource blocks
`
`

`

`Application/Control Number: 16/620,629
`Art Unit: 2648
`
`Page 9
`
`allocated to onlyafirst one of the plurality of target receivers and a plurality of second resource
`
`blocks allocated to only a second oneofthe plurality of target receivers.
`
`Takehanadiscloses the data are simultaneously transmitted to the plurality of target
`
`receivers in a subframeincludingatleast a plurality of first resource blocks allocated to only a
`
`first one of the plurality of target receivers (Fig. 12: Base station-200 allocate resource blocks
`
`to a first group A-SQ14) & (Para. 170-171) & (Para. 136: simultaneously allocates
`
`transmission) and a plurality of second resource blocksallocated to only a second oneofthe
`
`plurality of target receivers (Fig. 12: Base station-200 allocate resource blocks to a second
`
`group B-SQ16) (Para. 170-171).
`
`Atthe time offiling, it would have been obvious to use resource allocation system to
`
`allocate resources properly for robust communication for wireless system.
`
`Claims 3, 6 & 15 & 17 are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Wang (Pub No. WO 2016/070352), in view of Chen (Pub No. 2018/0041889), in view of
`
`Takehana (Pub No. 2016/0014790) and further in view of Sevindik (Pub No. 20160066336).
`
`Regarding claim 3 & 15, Wangis silent regarding the circuitry is operative to start to
`
`determine respective priorities of the plurality of target receivers in responseto that at least one
`
`of distance differences between the communication apparatus and the respective target receivers
`
`is larger than a distance difference threshold.
`
`In a similar field of endeavor, Sevindik discloses the circuitry is operative to start to
`
`determine respective priorities of the plurality of target receivers in responseto that at least one
`
`of distance differences between the communication apparatus and the respective target receivers
`
`is larger than a distance difference threshold (Para. 29: ...the distance, D, between relay access
`
`node 120 and donoraccess node 110 exceeds a thresholdcriteria, traffic communicated
`
`

`

`Application/Control Number: 16/620,629
`Art Unit: 2648
`
`Page 10
`
`with wireless device 130 may be scheduled with a higherpriority than traffic
`
`communicated with wireless device 131...”).
`
`Atthe time offilling, it would have been obvious to use distance threshold to determine
`
`the priority of the devices to robust data communication.
`
`Regarding claim 6 & 17, Wangis silent regarding determinethe priority of the target
`
`receiver corresponding to a distance between the communication apparatus andthe target
`
`receiver.
`
`Sevindik discloses determinethe priority of the target receiver corresponding to a
`
`distance between the communication apparatus and the target receiver (Para. 29).
`
`Atthe time offilling, it would have been obvious to use distance threshold to determine
`
`the priority of the devices to robust data communication.
`
`Claims 8-9 & 19 are rejected under 35 U.S.C. 103 as being unpatentable over Wang (Pub
`
`No. WO 2016/070352), in view of Chen (Pub No. 2018/0041889), in view of Takehana (Pub No.
`
`2016/0014790) and further in view of Zhao (Pub No. 2016/0105853).
`
`Regarding claim 8 & 19, Wangis silent regarding the circuitry is operative to assign a
`
`total power for transmitting the data lower than a powerlimit calculated by a powerloss feature
`
`related to a base station.
`
`Zhao teachesthe circuitry is operative to assign a total powerfor transmitting the data
`
`lowerthan a powerlimit calculated by a powerloss feature related to a base station (Para. 10 &
`
`12: Total power lower than a powerlimit calculated by a powerloss feature).
`
`Atthe time offilling, it would have been obvious to use powercontrol system for
`
`minimize the interference in the wireless communication.
`
`Regarding claim 9, Wangis silent regarding the powerloss feature related to the
`
`

`

`Application/Control Number: 16/620,629
`Art Unit: 2648
`
`Page 11
`
`particular target receiver comprises pathloss indicating power consumption on a path between
`
`the communication apparatus and the particular target receiver, and the powerloss feature related
`
`to the base station comprises pathloss indicating power consumption on a path between the base
`
`station and the communication apparatus.
`
`Zhao teaches the powerloss feature related to the particular target receiver comprises
`
`pathloss indicating power consumption on a path between the communication apparatus and the
`
`particular target receiver (Para. 12-13: Pathloss indicating power consumption), and the power
`
`loss feature related to the base station comprises pathloss indicating power consumption on a
`
`path between the base station and the communication apparatus (Para. 42-43 & 12-13: Pathloss
`
`indicating power consumption on a path between the basestation and the communication
`
`apparatus).
`
`Atthe time offilling, it would have been obvious to use power control system for
`
`minimize the interference in the wireless communication.
`
`Conclusion
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to MD K TALUKDERwhosetelephone numberis (571)270-3222.
`
`The examiner can normally be reached on 10 am to 6 pm..
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, Wesley Kim can be reached on 571-272-7867. The fax phone numberfor the
`
`organization wherethis application or proceedingis assigned is 571-273-8300.
`
`

`

`Application/Control Number: 16/620,629
`Art Unit: 2648
`
`Page 12
`
`Information regarding the status of an application may be obtained from the Patent
`
`Application Information Retrieval (PAIR) system. Status information for published applications
`
`maybe 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 http://pair-direct.uspto.gov. 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 (IN USA OR CANADA)or 571-272-1000.
`
`/MD K TALUKDER/
`Primary Examiner, Art Unit 2648
`
`