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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
`
`16/858,075
`
`04/24/2020
`
`Kenichi MIYOSHI
`
`733156.558C13
`
`9498
`
`Seed IP Law Group LLP/Panasonic
`701 Fifth Avenue, Suite 5400
`Seattle, WA 98104
`
`TIMORY, KABIR A
`
`ART UNIT
`
`2631
`
`PAPER NUMBER
`
`NOTIFICATION DATE
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`DELIVERY MODE
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`08/31/2021
`
`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`5a) Of the above claim(s) ___ is/are withdrawn from consideration.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) 1-2,4-12 and 14-20 is/are rejected.
`Claim(s) 3and13 is/are objectedto.
`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)2) The specification is objected to by the Examiner.
`11)M The drawing(s) filed on 04/24/2020 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)() 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)
`
`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:
`
`4)
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20210825
`
`Application No.
`Applicant(s)
`16/858,075
`MIYOSHI etal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`KABIR A TIMORY
`2631
`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 04/24/2020.
`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: 16/858,075
`Art Unit: 2631
`
`Page 2
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`DETAILED ACTION
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`Notice of Pre-AlA or AIA Status
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`1.
`
`The present application is being examined under the pre-AlA first to invent
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`provisions.
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`Claim Objections
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`2.
`
`Claims 1-10 are objected to because of the following informalities:
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`In claim 1, line 2, the claim recites a phrase “which, in operation”. The phrase
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`“which, in operation” is redundant language in the claim.
`
`It is unclear what the reason
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`and purposethis limitation is in the claim. Does this limitation suggest that the claimed
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`system only works when the receiver in operation? Are there any instancesthat
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`receiver may not be in operation? If so, would the claimed system still function? A
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`receiver inherently receive and process information. Thus, the phrase “which, in
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`operation” seems to be unnecessary and redundant in the claim. Therefore, the
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`examiner is respectfully requesting deleting this phrase “which, in operation” from the
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`claim. The sameissueexist in line 8, 9 and 10.
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`Appropriate correction is required.
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`3.
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`In the event the determination of the status of the application as subject to AIA 35
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`U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103)is incorrect, any
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`correction of the statutory basis for the rejection will not be considered a new ground of
`
`

`

`Application/Control Number: 16/858,075
`Art Unit: 2631
`
`Page 3
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`rejection if the prior art relied upon, and the rationale supporting the rejection, would be
`
`the same under either status.
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`Please note: Examiner has cited particular columns, line numbers, and figures in
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`the references as applied to the claims below for the convenience of the applicant.
`
`Although the specified citations are representative of the teaching of the art and are
`
`applied to the specific limitations within the individual claim, other passages and figures
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`may apply as well.
`
`Applicants are reminded that MPEP 2141.02 states:
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`A prior art reference must be consideredin its entirety, i.e., as a whole, including
`
`portions that would lead away from the claimed invention. W.L. Gore & Associates, Inc.
`
`v. Garlock,Inc., 721 F.2d 1540, 220 USPQ 303 (Fed. Cir. 1983), cert. denied, 469 U.S.
`
`851 (1984).
`
`Claim Rejections - 35 USC § 102
`
`4.
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`The following is a quotation of the appropriate paragraphs of pre-AlA 35 U.S.C.
`
`102 that 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 —
`
`(a) the invention was knownor used by others in this country, or patented or described ina
`printed publication in this or a foreign country, before the invention thereof by the applicantfor
`a patent.
`
`5.
`
`Claims 1-2, 4-12 and 14-20 are rejected under pre-AlA 35 U.S.C. 102(a)(1) as
`
`being anticipated by Kim et al. (US 20030081690) (hereinafter Kim).
`
`

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`Page 4
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`Application/Control Number: 16/858,075
`Art Unit: 2631
`
`
`
`FIG.8
`
`Regarding claims 1 and 11:
`
`As shownin figures 1-11, Kim discloses a communication apparatus (par 0029)
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`comprising:
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`a receiver (see block 885in figure 8), which, in operation, receives control
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`information (see control signal in figure 8);
`
`and circuitry (860 in figure 8), which, in operation:
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`forcibly sets each place of a number of bits determined from the control information
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`out of a plurality of bits to a 1 (in par 0045 Chouly teaches“a first interleaver
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`interleaves the high-priority bits, a second interleaver interleaves the low-
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`priority bits, a PSC converts the outputs of the first and secondinterleavers to
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`one codedbit stream’); and
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`mapsthe plurality of bits on one of modulation symbols in a modulation mapper (see
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`figures 7, 880 in figure 8, abstract, par 0008, 0014-0015),
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`wherein a number of the modulation symbols is less than a M-ary number (16 QAM,
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`64 QAM. See par 0022) of the modulation mapper (par 0022-0024).
`
`

`

`Application/Control Number: 16/858,075
`Art Unit: 2631
`
`Regarding claims 2 and 12:
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`Page 5
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`Kim further discloses wherein the modulation symbols are part of the M-ary (16
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`QAM,64 QAM. Seepar 0022) number of modulation symbols (par 0022-0024).
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`Regarding claims 4 and 14:
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`Kim further discloses wherein the modulation symbols are detected by positive or
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`negative decision only with respect to at least one of an I-axis and a Q-axis in the
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`modulation mapper (par 0011).
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`Regarding claims 5 and 15:
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`Kim further discloses wherein the number of the modulation symbols is 4, and
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`the M-ary number is 16 (16 QAM. See par 0022).
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`Regarding claims 6 and 16:
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`Kim further discloses wherein the number of the modulation symbols is 4 out of
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`16 modulation symbols in the modulation mapper for 16 QAM (see 16 QAMin par
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`0022).
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`Regarding claims 7 and 17:
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`Kim further discloses wherein the modulation symbols form a constellation of
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`BPSK, QPSK or 8-PSK in the modulation mapper for 16QAM (par 0022-0024).
`
`

`

`Application/Control Number: 16/858,075
`Art Unit: 2631
`
`Regarding claims 8 and 18:
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`Page 6
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`Kim further discloses wherein said circuitry, in operation, forcibly sets each place
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`of the lower twobits of the plurality of bits to the 1 (par 0045).
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`Regarding claims 9 and 19:
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`Kim further discloses wherein said circuitry, in operation, forcibly sets each place
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`of the lower twobits of the plurality of bits to the 1 (par 0045), and the number of the
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`modulation symbols is 4, and the M-ary number is 16 (par 0022-0024).
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`Regarding claims 10 and 20:
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`Kim further discloses wherein said circuitry, in operation, forcibly sets each place
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`of the lower four bits of the plurality of bits to the 1 (see figures 2-3 and 7, par 0045).
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`Allowable Subject Matter
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`6.
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`Claims 3 and 13 are objected to as being dependent upon a rejected base claim,
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`but would be allowable if rewritten in independent form including all of the limitations of
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`the base claim and any intervening claims.
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`7.
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`The following is a statement of reasons for the indication of allowable subject
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`matter:
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`The prior art of record, Kim does not teach or suggest wherein a distance
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`between the modulation symbols is equivalent to a largest of distance existing among
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`the M-ary number of modulation symbols in the modulation mapper.
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`

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`Application/Control Number: 16/858,075
`Art Unit: 2631
`
`Page 7
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`Conclusion
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`8.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to KABIR A TIMORY whosetelephone number is
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`(571)270-1674. The examiner can normally be reached on Mon-Fri 7:00 AM-3:00 PM.
`
`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 AutomatedInterview Request
`
`(AIR) at http:/Awww.uspto.gov/interviewpractice.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
`
`supervisor, Shuwang Liu can be reached on 571-272-3036. The fax phone number for
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`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
`
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`
`published applications may be obtained from either Private PAIR or Public PAIR.
`
`Status information for unpublished applications is available through Private PAIR only.
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`

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`Application/Control Number: 16/858,075
`Art Unit: 2631
`
`/KABIR A TIMORY/
`Primary Examiner, Art Unit 2631
`
`Page 8
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