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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
`
`16/968, 144
`
`08/06/2020
`
`Yutaka MURAKAMI
`
`733456.603USPC
`
`5561
`
`Seed IP Law Group LLP/Panasonic (PIPCA)
`701 5th Avenue, Suite 5400
`Seattle, WA 98104
`
`DAYA, TEMS A
`
`PAPER NUMBER
`
`ART UNIT
`
`2472
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`11/10/2021
`
`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)
`
`

`

`Office Action Summary
`
`Application No.
`16/968,144
`Examiner
`TEJIS DAYA
`
`Applicant(s)
`MURAKAMI, Yutaka
`Art Unit
`AIA (FITF) Status
`2472
`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 August 06, 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.
`
`Disposition of Claims*
`1-6 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) 1-6 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 August 06, 2020 is/are: a)[¥} accepted or b)L) 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
`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 20211103
`
`

`

`Application/Control Number: 16/968,144
`Art Unit: 2472
`
`Page 2
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`DETAILED ACTION
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`Notice of Pre-AlA or AIA Status
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`1.
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`2
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`The instant application No. 16/968,144 has claims 1-6 are pending.
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`The present application,filed on or after March 16, 2013, is being examined
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`under thefirst inventor to file provisions of the AIA.
`
`Information Disclosure Statement
`
`As required by M.P.E.P. 609(C), the Applicant’s submission of the Information Disclosure Statement
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`dated August 06, 2020, October 02, 2020 and October 08, 2020 is acknowledged by the Examiner and
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`the cited references have been considered in the examination of the claims now pending. As required by
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`M.P.E.P. 609 C(2), a copy of the PTOL-1449s initialed and dated by Examiner is attached to the Office
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`action.
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`Specification
`The title of the invention is not descriptive. A new title is required that is clearly indicative of
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`the invention to which the claims are directed.
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`Claim Objections
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`Claim 2 is objected to because of the following informalities: recites the following limitation “he
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`communication apparatusdirects directivity toward another communication apparatus to which the
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`first transmission slot is to be transmitted.” Claim 2 recites another communication apparatus and the
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`independentclaim recites the first communication apparatus and second communication apparatus.It’s
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`unclear is the referring to the first or second communication apparatus or to a third communication
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`apparatus. Please amend to make clear. Appropriate correction is required.
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`

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`Application/Control Number: 16/968,144
`Art Unit: 2472
`
`Page 3
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`Claim Rejections - 35 USC § 102
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`Inthe event the determination of the status of the application as subject to AIA35 U.S.C. 102
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`and 103 (or as subject to pre-AlA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory
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`basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and
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`the rationale supporting the rejection, would be the same under either status.
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`The following is a quotation of the appropriate paragraphsof 35 U.S.C. 102 that form the basis
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`for the rejections under this section made in this Office action:
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`A personshall be entitled to a patent unless —
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`(a)}(1} the claimed invention was patented, describedina printed publication, or in public use, onsale,
`or otherwise available to the public before the effective filing date of the claimed invention.
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`Claims 1-3 and 6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ninagawaetal.
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`(Pub. No. US 2011/0228720 A1).
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`Regarding claim 1 and 6, Nina discloses a communication apparatus (figure 6, item 130) that
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`relays a relaysignal transmitted and received betweena first communication apparatus (BS 120) anda
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`second communication apparatus, (figure 6, BSitem 120; figure 6 shows bs 120 communicates through a
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`relay for the terminals, 110B) and is additionally connected toafirst device, (figure 6, item 110A)
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`wherein the communication apparatus (figure 6, item 130) transmitsthe relay signal using a first
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`transmission slot, (figure 6, relaytransmits UL at subchannel B at related time slot) and transmits a
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`signal from the first device using a second transmission slot during atransmission period of the first
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`transmission slot ina frequency domain different from a frequency domain of the first transmission slot.
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`(Figure 6, See 0051-0052, relaytransmits UL at subchannel A during a time period B, where frequencies
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`ofA and Bare different)
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`Regarding claim 2, Nina discloses during the period of the first transmission slot, (figure 6, relay
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`transmits UL at subchannel B at related time slot) the communication apparatus directs directivity
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`toward another communication apparatus to which the first transmission slot is to be transmitted.
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`

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`Application/Control Number: 16/968,144
`Art Unit: 2472
`
`Page 4
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`(figure 6, relay transmits UL at subchannel B at related timeslot, figure 6 transmitting 110b to the base
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`station 120 through the relay using the slot b uplink; interpreted the communication is going toward the
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`base station)
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`Regarding claim 3, Nina discloses a second device is connected to the first communication
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`apparatus or the second communication apparatus, (Figure 6, UE 110c connected to BSitem 120) and
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`the communication apparatus transmits a signal using a third transmission slot in a frequency domain
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`different from the frequency domain of the first transmission slot and the frequency domain of the
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`second transmission slot, (figure 6, shows 110c uses the uplink slot c to transmit through a relay station
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`to the base station) the signal being a signal received from the second device via a communication
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`apparatus to which the second device is connected. (Figure 6 (a) uplink, the 110c transmits to the relay
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`station a uplink signal to go to the base station)
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`Claim Rejections - 35 USC § 103
`
`Inthe event the determination of the status of the application as subject to AIA35 U.S.C. 102
`
`and 103 (or as subject to pre-AlA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory
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`basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and
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`the rationale supporting the rejection, would be the same under either status.
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`The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections
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`set forth in this Office action:
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`A patent fora claimed invention may not be obtained, notwithstanding that the claimed inventionis
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`notidentically disclosed as set forth ins ection 102, if the differences between the claimed invention
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`and the prior art are such that the claimed invention as a whole would have been obvious before the
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`effective filing date ofthe claimed invention to a person having ordinaryskillin the art to which the
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`claimed invention pertains. Patentability s hall not be negated by the manner in which the invention
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`was made.
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`

`

`Application/Control Number: 16/968,144
`Art Unit: 2472
`
`Page5S
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`The factual inquiries for establishing a background for determining obviousness under 35 U.S.C.
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`103 are summarized as follows:
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`1. Determining the scope and contents of the prior art.
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`2. Ascertaining the differences between the prior art and the claims at issue.
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`3. Resolving the level of ordinary skill in the pertinent art.
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`4. Considering objective evidence present in the application indicating obviousness or
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`nonobviousness.
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`Claims 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Nina in view of Kimura
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`(Pub. No. US 2012/0170481 A1)
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`Regarding claim4, Nina fails to disclose a second device is connected to thefirst communication
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`apparatus or the second communication apparatus, and the communication apparatus transmits a
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`signal using a third transmission slot during the period of the first transmission slot in a frequency
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`domain common to the second transmission slot, the signal being a signal received from the second
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`device via a communication apparatus to which the second device is connected.
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`Kimura discloses a second device is connected to the first communication apparatus or the
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`second communication apparatus, (Figure 10A, shows the base station connected to the device RX A, Rx
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`B and RxC) and the communication apparatus transmitsa signal using athird transmission slot during
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`the period of the first transmission slot in a frequency domain common to the second transmission slot,
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`(Figure 15, transmitting data using resource blocks T1-T4 in a commontime period) the signal being a
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`signal received from the second device via a communication apparatus to which the second device is
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`connected. (Figure 10A signal is received Rx B via relay 100 which Rx B is connectedtoo).
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`It would have been obvious to one of ordinary skill in the art before the effective filing date of
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`the claimed invention to modify using different frequencies to transmit different UEs to include when
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`the slots are arranged the have a common period to transmit from relay to the UE. The motivation to
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`

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`Application/Control Number: 16/968,144
`Art Unit: 2472
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`Page 6
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`combineis efficiently improving and capable of dynamically changing an amount of communication
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`resources to be used in relay communication (See 4/0010).
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`Regarding claim5, Nina fails to disclose a second device is connected to thefirst communication
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`apparatus or the second communication apparatus, and the communication apparatus transmits a
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`signal using a third transmission slot in a frequency domain different from the frequency domain of the
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`first transmission slot and the frequency domain of the second transmission slot, the signal being a
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`signal received from the second device via a communication apparatus to which the second device is
`
`connected.
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`Kimura discloses a second device is connected to the first communication apparatus or the
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`second communication apparatus, (Figure 10A, shows the base station connected to the device RX A, Rx
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`B and RxC) and the communication apparatus transmitsa signal using athird transmission slot in a
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`frequency domain different from the frequency domain of the first transmission slot and the frequency
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`domain of the second transmission slot, (Figure 15, transmitting data using resource blocks T1-T4 in
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`differentfrequencies) the signal being a signal received from the second device via a communication
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`apparatus to which the second device is connected. (Figure 10A signal is received RxBvia relay 100
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`which Rx B is connected too).
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`It would have been obvious to one of ordinary skill in the art before the effective filing date of
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`the claimed invention to modify using different frequencies to transmit different UEs to include when
`
`the slots are arranged the have a commonperiod to transmit from relay to the UE. The motivation to
`
`combineis efficiently improving and capable of dynamically changing an amount of communication
`
`resources to be used in relay communication (See 4/0010).
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`

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`Application/Control Number: 16/968,144
`Art Unit: 2472
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`Page 7
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`The prior art made of recordand notrelied upon is considered pertinent to applicant's
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`Conclusion
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`disclosure.
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`Takano (Pub. No. US 2012/0113888 A1)- The base station 10 transmits data to the relay device
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`30 via the relay downlink at frequency F1/slot T1. Then, the relay device 30 performs, using frequency
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`F2/slot T1, decoding, buffering, encoding, and transmission to the mobile terminal 20 via the access
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`downlink of data received via the relay downlink, with the amount of delay on a per-OFDM-symbol basis
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`from the reception. Additionally, the amount of delay may be variable between one OFDM symbol toa
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`plurality of OFDM symbols.
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`Fujii et al. (Pub. No. US 2013/0208654 A1)- The MIMO TDMA relay transmission method is a
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`method in which a relay station having 2N antennas is disposed at the center betweena base station of
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`a cell 1 andabasestation of a cell 2, and data is transmitted by way ofthis relay station. Transmission is
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`performedbydividing the transmission time slot into three, in order to enable relaying without
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`interference. Reception of data by the relay station is carried out in such a manner that data from the
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`base stations of both cells is received simultaneously in accordance with 2N.times.2N MIMO
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`transmission. Transmission of data by the relay station is performed, in accordance with 2N.times.N
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`MIMOtransmission, by dividing the transmission time slot into transmission from the relay station to
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`the terminal of cell 1 and transmission from the relay station to the terminal of cell 2. The time slots will
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`be explained further on with reference to FIG. 8. The transmission scheme between thebase station and
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`the terminal, and between the relay station and the terminal, is E-SDM, and weight computationis
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`performed according to ZF.
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`Meng (Pub. No. US 2015/0215094 A1)- Relay stations are introduced in 3GPP release 10 asa
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`meansfor coverage extension and/or throughput enhancement. FIG. 3 illustrates an exemplary LTE
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`communication system that includes at least but not limited to a base station 301 communicating with a
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`

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`Application/Control Number: 16/968,144
`Art Unit: 2472
`
`Page 8
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`user equipment (UE) 303 through a relay node 302. The base station 301 may transmit tothe relay node
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`302 through a downlink channel, and the relay node 302 may transmit to the UE 303 through a downlink
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`channel on the same frequencybut in a different time slot. The downlink transmission between base
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`station 301 and the relay node 302 cannot occur the same time as the transmission between the relay
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`node 302 and the UE 303 since both downlink transmissions share the same frequency spectrum.
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`Therefore, for in band relays, transmission gaps where the relay stations stops transmitting to or
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`receiving from UE have to be configured on a regular basis to allow backhaul communication between
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`the relay and the macro basestation. Relay stations cannot utilize TDD configuration 0 and 5 because of
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`the deficient number of DLand UL subframes. For the remaining 5 configurations, configurations{1, 2,
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`3, 4, 6}, the backhaul subframe configuration defines the DL-UL configuration for backhaul
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`communication between the relay and the macro base station.
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`Kahtava et al. (Pub. No. US 2018/0035437 A1)- he base station can be arranged to receive
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`measurementinformation from one or more infrastructure units, comprising one or more relay nodes
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`and one or more mobile communication terminals, and this measurement information canbe used by
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`the base station to create a look-up table. The controller canthen transmit, based on analysis of the
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`measurementinformation, an indication of connections between relay node and communications
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`terminals in the network, assigned communications resources to each of the infrastructure units in the
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`network. The relay nodesin the network can then transmit channel sounding signals to be measured by
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`other infrastructure units they have connections with as indicated by the controller, in their assigned
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`communications resource, and with a specified transmission power, which is equal to the largest path
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`loss between the relay node and any other infrastructure unitit is linked to. The infrastructure units
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`which detect the channel sounding signals can then use them to measure and estimate a state of the
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`channel, and as such, determine which frequency resources to use when scheduling transmissions. Time
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`slots may be assigned periodically, aperiodically or in response to an event.
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`

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`Application/Control Number: 16/968,144
`Art Unit: 2472
`
`Page 9
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`Anyinquiry concerning this communication or earlier communications from the examiner
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`should be directed to TEJIS DAYA whose telephone number is (571)270-7817. The examiner can
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`normally be reached 6:30-4:30.
`
`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 reach the examiner by telephone are unsuccessful, the examiner’s supervisor,
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`Hassan Kizou can be reached on 571-272-3088. The fax phone number for the organization wherethis
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`application or proceedingis 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
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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
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`571-272-1000.
`
`/Tejis Daya/
`Primary Examiner, Art Unit 2472
`
`