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
`
`16/63 1,637
`
`01/16/2020
`
`TETSUYA YAMAMOTO
`
`731456.556USPC
`
`5254
`
`Seed IP Law Group LLP/Panasonic (PIPCA)
`701 5th Avenue, Suite 5400
`Seattle, WA 98104
`
`OVEISSI, MANSOUR
`
`ART UNIT
`
`2415
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`10/20/2021
`
`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*
`1-27 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) 1-15 and 17-18 is/are withdrawn from consideration.
`() Claim(s)__ is/are allowed.
`Claim(s) 16 and 19-27 is/are rejected.
`1 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)filed on 16 January 2021 is/are: a) 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:
`c)() None ofthe:
`b)( 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.
`3.1.) 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)
`
`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) (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 20211014
`
`Application No.
`Applicant(s)
`16/631 ,637
`YAMAMOTOetal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`David M OVEISSI
`2415
`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 14 September 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: 16/631,637
`Art Unit: 2415
`
`Page 2
`
`DETAILED ACTION
`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.
`
`Claims 1-15 and 17-18 have been cancelled.
`
`Status of Claims
`
`2. This Office Action is in responseto the application filed on 09/14/202021. Claims
`
`16 and 19-27 are presently pending and are presented for examination.
`
`Examiner’s note
`
`3.
`
`Inthe event the determination of the status of the application as subject to AIA
`
`35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 108)is incorrect,
`
`any correction of the statutory basis for the rejection will not be considered a new
`
`ground of rejection if the prior art relied upon, and the rationale supporting the rejection,
`
`would be the same under either status.
`
`Responseto Arguments
`
`4.
`
`Applicant’s arguments with respect to claim(s) 16 and 19-27 have been
`
`considered but are moot because the new groundof rejection does not rely on any
`
`reference applied in the prior rejection of record for any teaching or matter specifically
`
`challenged in the argument.
`
`

`

`Application/Control Number: 16/631,637
`Art Unit: 2415
`
`Page 3
`
`Claim Rejections - 35 USC § 112
`
`5.
`
`Claims 16 and 27 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-
`
`AIA), second paragraph, as being indefinite for failing to particularly point out and
`
`distinctly claim the subject matter which the inventor or a joint inventor (or for
`
`applications subject to pre-AlA 35 U.S.C. 112, the applicant), regards as the invention.
`
`Claims 16 and 27 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-
`
`AIA), second paragraph becausetheyrecite the limitation “... which are available for
`
`plurality of terminals in a cell and are limited in number to less than 12” It is not clear
`
`whether the number of terminals is less than 12 or the number of cyclic shifts.
`
`Paragraphs 146-148 of public application provide limitations on both the number of
`
`terminals as well as the number of Cyclic Shifts (CSs).
`
`Claims 16, 21, and 24-27 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-
`
`AIA), second paragraph becausetheyrecite “...the cyclic shift...”. It is not clear whether
`
`the “the cyclic shift” refers to the determined cyclic shift or another cyclic shift. Claims
`
`Claims 21 and 24-26recite the limitation “determinesthe cyclic shift’. There is
`
`insufficient antecedent basis for this limitation in the claim.
`
`Claims 16 and 27recite the limitation “using the cyclic shift’. There is insufficient
`
`antecedent basis for this limitation in the claim.
`
`Claim 26 recites the limitation “...determines the cyclic shift based on both
`
`information ...”. There is insufficient antecedent basis for this limitation in the claim.
`
`

`

`Application/Control Number: 16/631,637
`Art Unit: 2415
`
`Page 4
`
`Claim Rejections - 35 USC § 103
`
`6.
`
`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.
`
`Claim Claims 16,19- 22 and 24-27 are rejected under 35 U.S.C. 103 as being
`
`unpatentable over Matsumuraet al. (US 2020/0170005 A1) in view of Takedaetal.
`
`(US 2018/0184418 A1).
`
`For claim 16 Matsumura teachesa terminal comprising:
`
`circuitry, which, in operation, determines a cyclic shift depending on uplink
`
`control information (UCI) out of a plurality of cyclic shifts (see paragraph 11 “base
`
`station that transmits candidate set information that indicates a plurality of amount of
`
`phaserotation (cyclic shifts) that are associated respectively with a plurality of candidate
`
`values of UCI’ and claim 1 a control section (a circuitry) that determined a cyclic shift
`
`usedfor uplink control information (UCI)), which are available for plurality of terminals in
`
`a cell and are limited in number to less than 12 (see paragraph 66 “a plurality of amount
`
`of phase rotation (cyclic shifts) are associated respectively with a plurality of candidate
`
`values of UCI are allocated to a UE”, paragraph 120 “when UCI is comprised of 1-bit, 6
`
`cyclic shift candidate sets are available for use”, paragraph 121 “when UCI is comprised
`
`of 2-bit, 3 cyclic shift candidate sets are available for use’, paragraph 147 “for example ,
`
`UCI is 1-bit and UE can use 6 cyclic shift candidate sets, the UE may select the cyclic
`
`

`

`Application/Control Number: 16/631,637
`Art Unit: 2415
`
`Page 5
`
`shift candidates set based on the number/value of the remainder of the CCE index
`
`divided by 6”, paragraph 102 “plurality of UEs in a cell’, and paragraph 107 “the cyclic
`
`shift candidate set(plurality) allocation pattern may be reported to all UEs(plurality of
`
`terminals)”); and
`
`a transmitter, which, in operation, transmits the uplink control information using
`
`the cyclic shift (see claim 7 “a contro! section that determines a cyclic shift used for
`
`transmission of an uplink control information...a transmitting section that transmits the
`
`uplink control information channel’).
`
`Matsumura doesnotexplicitly teach plurality of terminals using different cyclic
`
`shifts.
`
`However, Takeda teaches it is possible to orthogonally-multiplex the DMRsof a
`
`plurality of user terminals by applying different cyclic shift for each user terminal (see
`
`Takeda: paragraph 60).
`
`Thus, it would have been obvious to a person of ordinary skill in the art before
`
`the filing date of claimed invention to use the teachings of Takedain the cyclic shift
`
`generation of Matsumurain order to orthogonally-multiplex the DMRsofa plurality of
`
`user terminals by applying different cyclic shift for each user terminal (see Takeda:
`
`paragraph 60).
`
`For claim 19 Matsumura teaches the terminal, wherein the uplink control
`
`information (UCI) has 1 or 2 bits (see paragraph 68 “2-bit UCI”).
`
`

`

`Application/Control Number: 16/631,637
`Art Unit: 2415
`
`Page 6
`
`For claim 20 Matsumura teaches the terminal, wherein the transmitter, in
`
`operation, transmits the uplink control information on a short PUCCH (physical uplink
`
`control channel) of 1 or 2 symbols (see paragraph 68 “UCIis transmitted over
`
`PUCCH’).
`
`For claim 21 Matsumura teaches the terminal, wherein the uplink control
`
`information includes at least one of ACK or NACK,and the circuitry, in operation,
`
`determinesthe cyclic shift depending on said at least one of ACK or NACK (see
`
`paragraph 64 “UCI values 00, 01, 11, and 10 may correspond to a NACK-NACK,
`
`NACK-ACK, ACK-ACK, AND ACK-NACk’).
`
`For claim 22 Matsumura teaches the terminal, wherein each of the plurality of
`
`cyclic shifts is associated with at least one of ACK or NACK,one of two cyclic shifts that
`
`are next to each other outof the plurality of cyclic shifts is associated with ACK, and the
`
`other of the two cyclic shifts is associated with NACK (see paragraph 64 “UCI values
`
`00, 01, 11, and 10 may correspond to a NACK-NACK, NACK-ACK, ACK-ACKkK, AND
`
`ACK-NACk’).
`
`For claim 24 Matsumura teaches the terminal, comprising, a receiver, which, in
`
`operation, receives information related to a PUCCH (physical uplink control channel)
`
`resource, wherein the circuitry, in operation, determines the cyclic shift based on the
`
`information (see paragraph 140 “UE may identify a cyclic shift candidate setfor a
`
`

`

`Application/Control Number: 16/631,637
`Art Unit: 2415
`
`Page 7
`
`sequence-based PUCCHbased on a CCE (Control Channel Element) index of the
`
`PDCCH(DCI)”).
`
`For claim 25 Matsumura teaches the terminal, wherein the circuitry, in operation,
`
`determines the cyclic shift based on information configured prior to receiving a signal
`
`dedicated to the terminal (see paragraph 133 “estimate cyclic shift amount based on the
`
`result of channel estimation’).
`
`For claim 26 Matsumura teaches the terminal, wherein the circuitry, in operation,
`
`determines the cyclic shift based on both information in a higher layer control signal
`
`(see paragraph 269 “where uplink control information (UCI) is implanted in higher layer
`
`RRC’).
`
`For claim 27 Matsumura in view of Takeda teaches a communication method
`
`comprising:
`
`determining a cyclic shift depending on uplink control information out of a plurality
`
`of cyclic shifts, which are available for a plurality of terminals in a cell and are limited in
`
`number to less than 12 (as discussed in claim 1); and
`
`transmitting the uplink control information using the cyclic shift (as discussed in
`
`claim 1).
`
`

`

`Application/Control Number: 16/631,637
`Art Unit: 2415
`
`Page 8
`
`Claim Rejections - 35 USC § 103
`
`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.
`
`Claims 23 are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Matsumurain view of Takedafurther in view of Zhouet al. (US 2014/0334431 A1).
`
`For claim 23 Matsumura does notexplicitly teach the terminal, wherein a cyclic
`
`shift allocated to one terminal has a given offset that is added to a cyclic shift allocated
`
`to another terminal out of the plurality of available cyclic shifts.
`
`However, Zhou teaches the networkside device sends different cyclic shift value
`
`offset information to UEs in different groups, so that the UEs generate control signals
`
`according to the cyclic shift value offset information and send the control signals and the
`
`network side device determines cyclic shift values used by the UEs according to the
`
`cyclic shift value offset information, and detects the control signals sent by the UEs
`
`according to the cyclic shift values (see Zhou: Fig. 1 “S10 2 & S20 3”).
`
`Thus, it would have been obvious to a person of ordinary skill in the art before
`
`the filing date of claimed invention to use the teachings of Zhou in the combined cyclic
`
`shift generation of Takeda and Matsumurain order for the network side device sends
`
`different cyclic shift value offset information to UEs in different groups, so that the UEs
`
`generate control signals according to the cyclic shift value offset information and send
`
`

`

`Application/Control Number: 16/631,637
`Art Unit: 2415
`
`Page 9
`
`the control signals and the network side device determines cyclic shift values used by
`
`the UEs according to the cyclic shift value offset information, and detects the control
`
`signals sent by the UEs according to the cyclic shift values (see Zhou: Fig. 1°S102 &
`
`$20 3’).
`
`Conclusion
`
`8.
`
`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). Applicant is reminded of the extension of time policy as set forth in 37
`
`CFR 1.136(a).
`
`A shortenedstatutory period for reply to this final action is set to expire THREE
`
`
`
`MONTHS from the mailing date of this action. In the eventafirst replyis filed within
`
`TWO MONTHS ofthe mailing date ofthis final action and the advisory action is not
`
`mailed until after the end of the THREE-MONTH shortenedstatutory period, then the
`
`shortened statutory period will expire on the date the advisory action is mailed, and any
`
`extension fee pursuant to 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 later
`
`than SIX MONTHS from the date of this final action.
`
`9.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to David M OVEISSI whosetelephone number is
`
`(571)270-3127. The examiner can normally be reached on Monday-Friday 8Am-5PM.
`
`

`

`Application/Control Number: 16/631,637
`Art Unit: 2415
`
`Page 10
`
`Examiner interviews are available via telephone, in-person, and video
`
`conferencing using a USPTO supplied web-based collaboration tool. To schedule an
`
`interview, applicant is encouraged to use the USPTO Automated Interview Request
`
`(AIR) at http:/Awww.uspto.gov/interviewpractice.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
`
`supervisor, Jeffey Rutkowski can be reached on 01215. 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.
`
`/MANSOUR OVEISSI/
`Primary Examiner, Art Unit 2415
`
`