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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
`
`16/815,781
`
`03/11/2020
`
`Koji TAKINAMI
`
`731456.554C1
`
`6303
`
`Seed IP Law Group LLP/Panasonic (PIPCA)
`701 5th Avenue, Suite 5400
`Seattle, WA 98104
`
`BAIG, ADNAN
`
`PAPER NUMBER
`
`ART UNIT
`
`2461
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`10/25/2021
`
`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)
`
`

`

`
`
`) )
`
`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)1) 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)C All
`1.2 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) (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 20211020
`
`Application No.
`Applicant(s)
`16/8 15,781
`TAKINAMI et al.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`ADNAN A BAIG
`2461
`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 2 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 3/11/2020.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`2a)L) 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 incorporatedinto 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*
`1-10 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`Cj] Claim(s)
`is/are allowed.
`02 Claim(s
`s)___ is/are rejected.
`( Claim(s)
`is/are objected to.
`Claim(s) 1-10 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://www.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) )
`
`

`

`Application/Control Number: 16/815,781
`Art Unit: 2461
`
`Page 2
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`DETAILED ACTION
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`Election/Restrictions
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`1.
`
`Restriction to one of the following inventions is required under 35 U.S.C. 121:
`
`I
`
`Claims 1-7 and 8 are drawn to a transmission device and a transmission
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`method of a transmission device for transmitting a piece of delivery data
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`stored in N transmission buffers classified in HO4B 7/06.
`
`Il.
`
`Claims 9-10 are drawn to a reception device and a reception methodfor
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`receiving respective parts of a piece of delivery data and combine the
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`respective parts of the piece of delivery data stored in N reception buffers
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`classified in HO04B 7/08.
`
`The inventions are distinct, each from the other because of the following reasons:
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`2.
`
`Inventions 1 and 2 are related as subcombinations disclosed as usable together
`
`in asingle combination. The subcombinations are distinct if they do not overlap in
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`scope and are not obvious variants, andif it is shown that at least one subcombination
`
`is separately usable.
`
`In the instant case, the subcombinations are drawn to different
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`parts in the system where scope of the subcombinations do not overlap and are not
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`obvious.
`
`The subcombination drawn to the transmission device in group | has separate utility and
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`can be used for scheduling the transmission of delivery data stored in N transmission
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`buffers after N wireless transmission circuits of the transmission device establishes
`
`wireless links for efficiently using the wireless links to transmit the delivery data in a
`
`

`

`Application/Control Number: 16/815,781
`Art Unit: 2461
`
`Page 3
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`shorter period of time than the reception device which performs reception of the delivery
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`data as in group Il See MPEP § 806.05(d).
`
`The examiner has required restriction between subcombinations usable together.
`
`Where applicant elects a subcombination and claims thereto are subsequently found
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`allowable, any claim(s) depending from or otherwise requiring all the limitations of the
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`allowable subcombination will be examined for patentability in accordance with 37 CFR
`
`1.104. See MPEP § 821.04(a). Applicant is advised that if any claim presented in a
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`continuation or divisional application is anticipated by, or includesall the limitations of, a
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`claim that is allowable in the present application, such claim may be subjectto
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`provisional statutory and/or nonstatutory double patenting rejections over the claims of
`
`the instant application.
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`3.
`
`Restriction for examination purposes as indicated is proper because all these
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`inventions listed in this action are independent or distinct for the reasons given above
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`and there would be a serious search and/or examination burden if restriction were not
`
`required because at least the following reason(s) apply:
`
`The subcombination implements a transmission device in group | that has
`
`separate utility and can be used for scheduling the transmission of delivery data stored
`
`in N transmission buffers after N wireless transmission circuits of the transmission
`
`device establishes wireless links for efficiently using the wireless links to transmit the
`
`delivery data in a shorter period of time other than reception of the delivery data by the
`
`reception device as in group Il which is different in scope of the subcombination which
`
`implements the transmission device. The subcombinations are drawnto different parts
`
`in the system and are not obvious variants.
`
`

`

`Application/Control Number: 16/815,781
`Art Unit: 2461
`
`Page 4
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`Applicant
`
`is advised that the reply to this requirement to be complete must
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`include (i) an election of a invention to be examined even though the requirement
`
`may be traversed (37 CFR 1.143) and(ii) identification of the claims encompassing
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`the elected invention.
`
`The election of an invention may be made with or without traverse. To reserve a
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`right to petition, the election must be made with traverse. If the reply does not distinctly
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`and specifically point out supposederrors in the restriction requirement, the election
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`shall be treated as an election without traverse. Traversal must be presented at the time
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`of election in order to be considered timely. Failure to timely traverse the requirement
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`will result in the loss of right to petition under 37 CFR 1.144.
`
`If claims are added after
`
`the election, applicant must indicate which of these claims are readable upon the
`
`elected invention.
`
`Should applicant traverse on the ground that the inventions are not patentably
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`distinct, applicant should submit evidence or identify such evidence now of record
`
`showing the inventions to be obvious variants or clearly admit on the record that this is
`
`the case. In either instance, if the examiner finds one of the inventions unpatentable
`
`over the prior art, the evidence or admission may be usedin a rejection under 35 U.S.C.
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`103(a) of the other invention.
`
`4.
`
`A telephone call was made to Shoko Leek on October 21 2021 to request an oral
`
`election to the above restriction requirement, but did not result in an election being
`
`made.
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`

`

`Application/Control Number: 16/815,781
`Art Unit: 2461
`
`Page5S
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`5.
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`Applicant is reminded that upon the cancellation of claims to a non-elected
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`invention, the inventorship must be amended in compliance with 37 CFR 1.48(b) if one
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`or more of the currently named inventors is no longer an inventor of at least one claim
`
`remaining in the application. Any amendmentof inventorship must be accompanied by
`
`a request under 37 CFR 1.48(b) and by the fee required under 37 CFR 1.17(i).
`
`Conclusion
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to ADNAN A BAIG whose telephone numberis (571)270-
`
`7511. The examiner can normally be reached MF 9:00am-5:00pm.
`
`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:/AWwww.uspto.gov/interviewpractice.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
`
`supervisor, Huy Vu can be reached on 571-272-3155. The fax phone numberfor 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 Centeris
`
`available to registered users. To file and manage patent submissions in Patent Center,
`
`visit: httos://patentcenter.uspto.gov. Visit https:/Awww.uspto.gov/patents/apply/patent-
`
`center for more information about Patent Center and
`
`https ://(www.uspto.gov/patents/docx for information aboutfiling in DOCX format. For
`
`additional questions, contact the Electronic Business Center (EBC) at 866-217-9197
`
`

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`Application/Control Number: 16/815,781
`Art Unit: 2461
`
`Page 6
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`(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.
`
`/ADNAN BAIG/
`Primary Examiner, Art Unit 2461
`
`