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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
`
`16/928,631
`
`07/14/2020
`
`LILEI WANG
`
`731456.507C1
`
`8487
`
`Seed IP Law Group LLP/Panasonic (PIPCA)
`701 5th Avenue, Suite 5400
`Seattle, WA 98104
`
`JAIN, RAI K
`
`PAPER NUMBER
`
`ART UNIT
`
`2411
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`04/08/2022
`
`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)
`
`

`

`Office Action Summary
`
`Application No.
`16/928,631
`Examiner
`RAJ JAIN
`
`Applicant(s)
`WANG etal.
`Art Unit
`2411
`
`AIA (FITF) Status
`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 12/3/21.
`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.
`
`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) 1-20 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) The drawing(s)filed on 7/14/20 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)Z) 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)X) All
`1.2 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
`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 20220330
`
`

`

`Application/Control Number: 16/928,631
`Art Unit: 2441
`
`Page 2
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`Notice of Pre-AiA or AIA Status
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`The present application, filed on or after March 16, 2013, is being examined
`
`uncer the first inventor to file provisions of the AIA.
`
`Claim Aejections - 35 USC § 112
`
`The following is a quotation of 35 U.S.C. it2(b):
`(0) CONCLUSION .—The specification shall conclude wiih one or more claims particularly
`pointing out and distinctly claiming the subject matter which the inventoror a joint inventor
`regards as the invention.
`
`The following is a quotation of 35 U.S.C. 112 (pre-AlA}, second paragraph:
`The specification shall conclude with one or more claims particularly pointing out and distinctly
`claiming the subject matter which the applicant regarcis as his invention.
`
`Claims 2,7,12 and 17 recites the Imitation "and the other of them”. There is
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`insufficient antecedent basis for this limitation in the claims.
`
`Claim Rejections - 35 USC § 103
`
`in the event the determination of the status of the applicalion as subject to AIA 35
`
`U.S.C. 102 and 103 (or as subject to pre-AlA 35 ULS.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
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`rejection if the prior art relied upon, and the rationale supporting the rejection, would be
`
`the same under eitherstatus.
`
`The following is a quotation of 35 U.S.C. 103 which forms the basis for all
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`obviousness rejections set 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 sat forth in section 102, if ihe 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
`negaied by the manner in which the invention was made.
`
`

`

`Application/Control Number: 16/928,631
`Art Unit: 2411
`
`Page 3
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`Claim(s) 1,3-6,8-11,13-16 and 18-20 is/are rejected under 35 U.S.C. 103 as
`
`being unpatentable over Kim et al (USP 10,356,803 B2) hereinafter as Kim in view of
`
`Loehr et al (US 20180263026 At) hereinaiter as Loehr.
`
`Regarding claim(s) 1,6,11,16, kim discloses a base station (See Fig(s). i4a with
`
`eNB as base station), comprising: circuliry, which, in operation, generates downlink
`
`control information (DCH in a first DCI format used for sidelink communications by using
`
`
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`a reference size (See Fig({s}. 14, abstract
`
`ethod for transmitting and
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`receiving downlink control information (DC) in a wireless communication system
`
`supporting device-to-device communication and a device for the same are disclosed}
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`and
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`a transmitter, which is coupled to the circuitry and which, in operation, transmits
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`the OCl in a search space (See Fig{s). 14 DCI transmitted within subframe);
`
`wherein, the first DCI format is mapped on the search space (See | cai 80 lines
`
`55-65, , when a second DCI format used for base stalion communications is mapped on
`
`the search space and the second DCI formatis larger than the first DCI format, the
`
`reference size for the search space is based on the second DCI format (See ¥ col 80
`
`lines 55-65,
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`in DCI format 0 or DCI format 1A through the DCI format size comparison
`
`in order fo maintain the same payload size Ghe number of information bits within DC!
`
`}.
`format 9 which is mapped in the given searchsoace,
`
`
`Kim fails to disclose when a third DCI format used for sidelink communications is
`
`mapped on the search space and the third DCI formatis larger than the first DCI format
`
`and the second DC! format larger than the third DCI format is not mapped on the search
`
`space, the reference size for the search space is based on the third DCI format.
`
`Loehr discloses whena third DCI format used for sidelink communications is
`
`mapped on the search space and the third DCI formatis larger than the first DCI format
`
`and the second DCI formal larger than the third DCI format is not mapped on the search
`
`space, the reference size for the search space is based on the third DCI format (See q
`
`75-88, Format 3 and 3A: DCI formats 3 and 3A are used for the transmission of power
`
`control commands for PLUICCH and PUSCH with 2-bit or 1-bit power adjustments
`
`respectively. ..../f the number of information bits in DC! format 5 mapped onto a given
`
`search space is less than the payload sizeof format 0 far scheduling the same serving
`
`

`

`Application/Control Number: 16/928,631
`Art Unit: 2411
`
`Page 4
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`cell, zeros shall be appended to format 5 until the payload size equals that of format 0
`
`including any padding bits appended to format 0.) DCI format size adjustments for
`
`payload and power control allows for optimum bandwidth usage during transmission.
`
`Thus, tt would have been obvious to one of ordinary skill in the art at the time of
`
`the invention, to incorporate the teachings of Loehr within Kim, so as to enhance overall
`
`network performance by optimizing bandwidthefficiency curing transmission.
`
`Claim(s} 2, 7,12, 17 is/are rejected under 35 U.S.C. 103 as being unpatentable
`
`over Kim et al (USP 10,356,803 Be) hereinafter as Kim in view of Loehr et al (US
`
`207180263026 Ai) hereinafter as Loehr, further in view of Ahn et al (US 20740023008
`
`Al) hereinafter as Ahn.
`
`Regarding claim(s) 2, 7,12, 17 Ahn discloses wherein one of the first DCI format
`
`and the third DCI format is used for a dynarnic scheduling and the other of therm is used
`
`for a semi-persistent scheduling (SPS) (See | 103-109}. Dynamic and SPS scheduling
`
`allow far maximum frame format usage without loss of efficiency.
`
`Thus, it would have been obvious to one of ordinary skill in the art at the time of
`
`ihe invention, to incorporate the teachings of Ahn within Kim, so as to enhance overall
`
`network periormance.
`
`Regarding claim(s) 3, 8, 13,18, Kim discloses wherein the size of the second DC!
`
`forrnat is a nearest size to a size of the first DCI formatfor the first search space, the
`
`nearest size being equal to or greater than the size of the first DCI format (See @ 127, .
`
`zeros shall be appended to DCI format 0 until the payload size squais that of DCi format
`
`1A, See | 162).
`
`Regarding claim(s) 4, 9, 14, 19, Loehr discloses wherein the size of the third DC!
`
`forrnat is a nearest size to a size of the first DCi format for the second search space, the
`
`nearest size being equal to or greater than the size of the first DCI formal (See 75-89,
`
`if the number of information bits in DCE format 5 mapped onto a given search space is
`
`less than the payload size of format 0 for scheduling the same serving cell, zeras shall
`
`be appended to format 5 until the payload size ea ais that of format 0 including any
`
`padding bits appended to format 0, whereby DCI formal sizing is adjusted as
`
`needed}. Reasons for combining same as claim 1.
`
`

`

`Application/Control Number: 16/928,631
`Art Unit: 2471
`
`Page 5
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`Regarding claim(s) 5, 10, 15, 20, Kim discloses wherein zeros of padding bits
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`are added to the first DCI format until a size of the first DCI format with the padding bits
`equais the reference size See ¥ 127, Zeros shall be appended to DCI format 0 until the
`
`payload size squais that of DCI format 1A, See 4 102).
`
`canclusion
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`Any inguiry conceming this communication or earlier communications from the
`
`examiner should be directed to Raj Jain whase telephone number is (671) 272-3745.
`
`The examiner can normally be reached on M-Th ~8 ~5.
`
`if atiemmpis to reach the examiner by teleohone are unsuccessful, the examiner's
`
`supervisor, Derrick Ferris can be reached on 571-272-3123. The fax phone number for
`
`the organization where this application or proceeding is assigned is 571-273-8300.
`
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`
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`
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`
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`
`[RAG JAIN/
`Primary Examiner, Art Unit 2414
`
`