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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
`
`16/722,719
`
`12/20/2019
`
`Christian Wengerter
`
`736456.412C5
`
`4860
`
`Seed IP Law Group LLP/Panasonic
`701 Fifth Avenue, Suite 5400
`Seattle, WA 98104
`
`KHAJURIA, SHRIPAL K
`
`ART UNIT
`
`2478
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`12/16/2021
`
`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*
`1-16 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`5a) Of the above claim(s) ___ is/are withdrawn from consideration.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) 1-16 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) The drawing(s) filed on 12/20/19 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)L) None ofthe:
`b)L) Some**
`a)¥) All
`1.4) Certified copies of the priority documents have been received.
`2.2) 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 12/20/19.
`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 20211209
`
`Application No.
`Applicant(s)
`16/722,719
`Wengerter etal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`SHRIPAL K KHAJURIA
`2478
`No
`
`
`
`-- 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 12/20/19.
`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: 16/722,719
`Art Unit: 2478
`
`Page 2
`
`DETAILED ACTION
`
`Notice of Pre-AlA or AIA Status
`
`The present application is being examined under the pre-AlA first to invent provisions.
`
`Double Patenting
`
`The nonstatutory double patenting rejection is based on a judicially created doctrine grounded
`
`in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise
`
`extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple
`
`assignees. A nonstatutory double patenting rejection is appropriate where the claims at issue are not
`
`identical, but at least one examined application claim is not patentably distinct from the reference
`
`claim(s) because the examined application claim is either anticipated by, or would have been obvious
`
`over, the reference claim(s). See, e.g., Inre Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998): Inre
`
`Goodman,11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); Inre Longi, 759 F.2d 887, 225 USPQ 645 (Fed.
`
`Cir. 1985); Inre Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164
`
`USPQ 619 (CCPA 1970); and /Inre Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
`
`Atimely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to
`
`overcome an actual orprovisional rejection based on a nonstatutory double patenting ground provided
`
`the reference application or patent either is shown to be commonly owned with this application, or
`
`claims an invention made as a result of activities undertaken within the scope of a joint research
`
`agreement. Aterminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
`
`

`

`Application/Control Number: 16/722,719
`Art Unit: 2478
`
`Page 3
`
`The USPTO internet Web site contains terminal disclaimer forms which may be used. Please
`
`visit http://www.uspto.gov/forms/. The filing date of the application will determine what form should
`
`be used. A web-based eTerminal Disclaimer may befilled out completely online using web-screens. An
`
`eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon
`
`submission. For more information about eTerminal Disclaimers, referto
`
`http://www. uspto.gov/patents/process/file/efs/guidance/eTD-info-l. jsp.
`
`Claims 1-16 are rejected on the ground of nonstatutory double patenting as being unpatentable
`
`over claims 1-16 of U.S. Patent No. 10,595,308. Although the claims at issue are not identical, they are
`
`not patentably distinct from each other.
`
`The difference between the instant claims and USPN 10,595,308 are analyzedin the table
`
`below:
`
`Instant Application
`
`USPN 10,595,308
`
`1. A transmitting entity comprising:
`
`1. Areceiving entity comprising:
`
`The steps between
`
`the two claims are
`
`a transmitter, which, in operation,
`
`a receiver, which, in operation,
`
`the same and the
`
`the claim from the
`
`
`
`transmits control information in one or|receives control information in differ in that one
`
`
`
`more control information formats, toa|one or more control information is directed
`
`receiving entity, via a physical control
`
`formats, from a transmitting
`
`towards an
`
`channel mapped to one or more
`
`entity, via a physical control
`
`transmitting entity
`
`control channel elements (CCEs)
`
`channel mapped to one or more
`
`(instant
`
`wherein one CCE consists of 36
`
`control channel elements (CCEs)
`
`application) and
`
`resource elements,
`
`

`

`Application/Control Number: 16/722,719
`Art Unit: 2478
`
`Page 4
`
`wherein one CCE consists of 36
`
`Patentis directed
`
`resource eleme nts,
`
`towards a
`
`receiving entity,
`
`and circuitry, which is coupled to the
`
`and circuitry, which is coupled to
`
`these are obvious
`
`transmitter and which, in operation,
`
`the receiver and which,in
`
`variants of each
`
`operation, performs a detection
`
`other and not
`
`number of coded control information
`
`of the physical control channel,
`
`patently distinct.
`
`bits,
`
`wherein the physical control
`
`Further, claim 1 of
`
`forms the physical control channel of a
`
`only in that the
`
`channel is formed of a number of
`
`the instant
`
`coded control informationbits,
`
`application is
`
`broader than and
`
`wherein the number is an integer (N)
`
`the number being an integer (N)
`
`fully encompassed
`
`multiple of a defined smallest number
`
`multiple of a defined smallest
`
`by Claim 1 of
`
`of coded control information bits, N
`
`number of coded control
`
`Patent Number
`
`equals a number of the one or more
`
`information bits and
`
`10,595,308.
`
`CCEs, and at least two of the control
`
`corresponding to the one or more
`
`information formats are associated
`
`CCEs, wherein N equals a number
`
`with different numbers of information
`
`of the one or more CCEs, and at
`
`bits.
`
`least two of the control
`
`information formats are
`
`associated with different numbers
`
`of information bits.
`
`2. The transmitting entity according to
`
`2. The receiving entity according
`
`These claims differ
`
`claim 1, wherein the physical control
`
`to claim 1, wherein the circuitry,
`
`

`

`Application/Control Number: 16/722,719
`Art Unit: 2478
`
`Page5
`
`channel is detected at the receiving
`
`in operation, performs the
`
`instant application
`
`detection of the physical control
`
`is directed
`
`on which the control information can
`
`channel on a subset of resource
`
`towards a
`
`be mapped.
`
`elements on which the control
`
`transmitting entity
`
`information can be mapped.
`
`and the Patent is
`
`directed towards
`
`the receiving
`
`entity and are
`
`obvious variants of
`
`each other.
`
`3. The transmitting entity according to
`
`3. The receiving entity according
`
`These claims differ
`
`claim 1, wherein the physical control
`
`to claim 1, wherein the circuitry,
`
`only in that the
`
`channel is detected at the receiving
`
`in operation, performs the
`
`instant application
`
`entity based on a subset of the control
`
`detection of the physical control
`
`is directed
`
`information formats.
`
`channel on a subset of the control
`
`towards a
`
`information formats.
`
`transmitting entity
`
`entity on a subset of resource elements
`
`only in that the
`
`and the Patent is
`
`directed towards
`
`the receiving
`
`entity and are
`
`obvious variants of
`
`each other.
`
`4. The transmitting entity according to
`
`4. The receiving entity according
`
`These claims differ
`
`claim 3, wherein the subset of the
`
`to claim 3, wherein the subset of
`
`

`

`Application/Control Number: 16/722,719
`Art Unit: 2478
`
`Page6
`
`control information formats is
`
`the control information formats is
`
`instant application
`
`configured based on a MIMO
`
`configured based on a MIMO
`
`is directed
`
`transmission mode.
`
`transmission mode.
`
`towards a
`
`transmitting entity
`
`and the Patent is
`
`directed towards
`
`the receiving
`
`entity and are
`
`obvious variants of
`
`each other.
`
`only in that the
`
`entity, one or both of dedicated control
`
`5. The transmitting entity according to
`
`5. The receiving entity according
`
`These claims differ
`
`claim 1, wherein the transmitter, in
`
`to claim 1, wherein the circuitry,
`
`only in that the
`
`operation, transmits, to the receiving
`
`in operation, performs the
`
`instant application
`
`information and common control
`
`channel on a subset of resource
`
`towards a
`
`detection of the physical control
`
`is directed
`
`information to configure a subset of
`
`elements that is configured by
`
`transmitting entity
`
`resource elements on which the
`
`one or both of dedicated control
`
`and the Patent is
`
`receiving entity detects the physical
`
`information and common control
`
`directed towards
`
`control channel.
`
`information, which are
`
`the receiving
`
`transmitted from the transmitting
`
`entity and are
`
`entity.
`
`obvious variants of
`
`each other.
`
`6. The receiving entity according to
`
`6. The receiving entity according
`
`These claims differ
`
`claim 1, wherein detection of the
`
`to claim 1, wherein the circuitry,
`
`

`

`Application/Control Number: 16/722,719
`Art Unit: 2478
`
`Page 7
`
`in operation, performs the
`
`instant application
`
`resource elementsat the receiving
`
`detection of the physical control
`
`is directed
`
`entity is dynamically configured per
`
`channel on a subset of resource
`
`towards a
`
`subframe.
`
`elements that is dynamically
`
`transmitting entity
`
`configured per subframe.
`
`and the Patent is
`
`physical control channel on a subset of
`
`only in that the
`
`directed towards
`
`the receiving
`
`entity and are
`
`obvious variants of
`
`each other.
`
`7. The transmitting entity according to
`
`7. The receiving entity according
`
`These claims differ
`
`claim 1, wherein the receiving entity is
`
`to claim 1, wherein the receiving
`
`only in that the
`
`a user equipment(UE).
`
`entity is a user equipment (UE).
`
`instant application
`
`is directed
`
`towards a
`
`transmitting entity
`
`and the Patent is
`
`directed towards
`
`the receiving
`
`entity and are
`
`obvious variants of
`
`each other.
`
`8. The transmitting entity according to
`
`8. The receiving entity according
`
`These claims differ
`
`claim 1, which is a base station.
`
`to claim 1, wherein the
`
`

`

`Application/Control Number: 16/722,719
`Art Unit: 2478
`
`Page&
`
`transmitting entity is a base
`
`instant application
`
`station.
`
`is directed
`
`towards a
`
`transmitting entity
`
`and the Patent is
`
`directed towards
`
`the receiving
`
`entity and are
`
`obvious variants of
`
`each other.
`
`these are obvious
`
`forming a physical control channel of a
`
`9. A method performed by a
`
`9. Amethod performed by a
`
`The steps between
`
`transmitting entity, the method
`
`receiving entity, the method
`
`the two claims are
`
`comprising:
`
`comprising:
`
`the same and the
`
`differ in that one
`
`number of coded control information
`
`one or more control information
`
`towards an
`
`receiving control information in
`
`is directed
`
`bits, wherein the number is an integer
`
`formats, from a transmitting
`
`transmitting entity
`
`(N) multiple of a defined smallest
`
`entity, via a physical control
`
`(instant
`
`number of coded control information
`
`channel mapped to one or more
`
`application) and
`
`bits, and transmitting control
`
`control channel elements (CCEs)
`
`the claim from the
`
`information in one or more control
`
`wherein one CCE consists of 36
`
`Patentis directed
`
`information formats, to a receiving
`
`resource elements, and
`
`towards a
`
`entity, via the physical control channel
`
`performing a detection of the
`
`receiving entity,
`
`mappedto one or morecontrol
`
`physical control channel, wherein
`
`

`

`Application/Control Number: 16/722,719
`Art Unit: 2478
`
`Page9
`
`channel elements (CCEs) wherein one
`
`the physical control channel is
`
`variants of each
`
`CCE consists of 36 resource elements,
`
`formed of a number of coded
`
`other and not
`
`control information bits, the
`
`patently distinct.
`
`or more CCEs, and at least twoof the
`
`number being an integer (N)
`
`Further, claim 9 of
`
`control information formats are
`
`multiple of a defined smallest
`
`the instant
`
`associated with different numbersof
`
`number of coded control
`
`application is
`
`information bits.
`
`information bits and
`
`broader than and
`
`corresponding to the one or more
`
`fully encompassed
`
`CCEs, wherein N equals a number
`
`by Claim 9 of
`
`of the one or more CCEs, and at
`
`Patent Number
`
`least two of the control
`
`10,595,308.
`
`information formats are
`
`associated with different numbers
`
`of information bits.
`
`wherein, N equals a number of the one
`
`subset of resource
`
`10. The method according to claim 9,
`
`10. The method according to
`
`These claims are
`
`wherein the physical control channel is
`
`claim 9, wherein the detection of
`
`not identical
`
`detected at the receiving entity ona
`
`the physical control channel is
`
`however very
`
`subset of resource elements on which
`
`performed on a subsetof
`
`similar and
`
`the control information canbe
`
`resource elements on which the
`
`obvious variants of
`
`mapped.
`
`control information canbe
`
`each other. Both
`
`mapped.
`
`claim detecting a
`
`physical control
`
`channel on a
`
`

`

`Application/Control Number: 16/722,719
`Art Unit: 2478
`
`Page 10
`
`elements which
`
`control
`
`information can
`
`be mapped.
`
`11. The method according to claim 9,
`
`11. The method according to
`
`These claims are
`
`wherein the physical control channel is|claim 9, wherein the detection of|not identical
`
`detected at the receiving entity based
`
`the physical control channel is
`
`however very
`
`on asubset of the control information
`
`performed on a subsetof the
`
`similar and
`
`formats.
`
`control information formats.
`
`obvious variants of
`
`however very
`
`each other. Both
`
`claim detecting a
`
`physical control
`
`channel based on
`
`a subset of control
`
`information
`
`formats.
`
`
`
`12. The method accordingtoclaim11,|12. Themethod according to Identical
`
`wherein the subset of the control
`
`claim 11, wherein the subset of
`
`information formatsis configured
`
`the control information formatsis
`
`based on a MIMOtransmission mode.
`
`configured based on a MIMO
`
`transmission mode.
`
`13. The method according to claim 9,
`
`13. The method according to
`
`These claims are
`
`
`
`comprising: transmitting, to the claim 9, wherein the detection of|not identical
`
`receiving entity, one or both of
`
`the physical control channel is
`
`

`

`Application/Control Number: 16/722,719
`Art Unit: 2478
`
`Page 11
`
`dedicated control information and
`
`performed on a subsetof
`
`similar and
`
`common control information to
`
`resource elements that is
`
`obvious variants of
`
`configure a subset of resource
`
`configured by one or both of
`
`each other. Both
`
`dedicated control information and
`
`claim configuring a
`
`detects the physical control channel.
`
`commoncontrol information,
`
`subset of recourse
`
`which are transmitted from the
`
`elements based on
`
`transmitting entity.
`
`one or both of
`
`dedicated control
`
`information and
`
`common control
`
`information.
`
`elements on which the receiving entity
`
`subframe.
`
`14. The method according to claim 9,
`
`14. The method according to
`
`These claims are
`
`wherein detection of the physical
`
`claim 9, wherein the detection of
`
`not identical
`
`control channel on a subset of resource
`
`the physical control channel is
`
`however very
`
`elements at the receiving entity is
`
`performed on a subsetof
`
`similar and
`
`dynamically configured per subframe.
`
`resource elements that is
`
`obvious variants of
`
`dynamically configured per
`
`each other. Both
`
`subframe.
`
`claim a subset of
`
`resource elements
`
`are dynamically
`
`configured per
`
`

`

`Application/Control Number: 16/722,719
`Art Unit: 2478
`
`Page 12
`
`15. The method according to claim 9,
`
`15. The method according to
`
`Identical
`
`wherein the receiving entity is a user
`
`claim 9, wherein the receiving
`
`equipment (UE).
`
`entity is a user equipment (UE).
`
`16. The method according to claim 9,
`
`16. The method according to
`
`Identical
`
`wherein the transmitting entityis a
`
`claim 9, wherein the transmitting
`
`entity is a base station.
`
`base station.
`
`Conclusion
`
`Anyinquiry concerning this communication or earlier communications from the examiner
`
`should be directed to SHRIPAL K KHAJURIA whose telephone number is (571)270-5662. The examiner
`
`can normally be reached Monday - Friday 9:30AM - 6:00PM.
`
`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://www. uspto. gov/interviewpractice.
`
`If attempts to reachthe examiner by telephone are unsuccessful, the examiner’s supervisor,
`
`Joseph Avellino can be reached on (571)272-3905. The fax phone number for the organization where
`
`this application or proceeding is assigned is 571-273-8300.
`
`Information regarding the status of published or unpublished applications may be obtained from
`
`Patent Center. Unpublished application information in Patent Center is available to registered users. To
`
`file and manage patent submissions in Patent Center,visit: https://patentcenter. uspto.gov.Visit
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`https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and
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`https://www.uspto.gov/patents/docx for information aboutfiling in DOCX format. For additional
`
`

`

`Application/Control Number: 16/722,719
`Art Unit: 2478
`
`Page 13
`
`questions, contact the Electronic Business Center (EBC) at 866-217-9197(toll-free). If you would like
`
`assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA)or
`
`571-272-1000.
`
`/SHRIPAL K KHAJURIA/
`Primary Examiner,Art Unit 2478
`
`