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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
`
`17/118,194
`
`12/10/2020
`
`YUTAKA MURAKAMI
`
`731456.447C3
`
`6997
`
`Seed IP Law Group LLP/Panasonic (PIPCA)
`701 5th Avenue, Suite 5400
`Seattle, WA 98104
`
`GUADALUPE CRUZ, AIXA AMYR
`
`ART UNIT
`
`2466
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`06/23/2022
`
`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)
`
`

`

`
`
`Disposition of Claims*
`1-12 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`5a) Of the above claim(s) ___ is/are withdrawn from consideration.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) 1-12 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)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)[M) 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) All
`1.2 Certified copies of the priority documents have been received.
`2.{¥} Certified copies of the priority documents have beenreceived in Application No. 16816121.
`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 20220613
`
`Application No.
`Applicant(s)
`17/118,194
`MURAKAMI, YUTAKA
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`Aixa A Guadalupe-Cruz
`2466
`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 12/10/2020.
`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: 17/118,194
`Art Unit: 2466
`
`Page 2
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`DETAILED ACTION
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`Notice of Pre-AIA or AIA Status
`
`1.
`
`The present application, filed on or after March 16, 2013, is being examined underthe
`
`first inventor to file provisions of the AJA.
`
`2.
`
`3.
`
`This application has been examined.
`
`Claims 1-12 are pending.
`
`Double Patenting
`
`4,
`
`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 ofthe “right to exclude” granted by a patent and to prevent possible
`
`harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where
`
`the conflicting claimsare 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., In re Berg,
`
`140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d
`
`2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van
`
`Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619
`
`(CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
`
`A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may
`
`be used to overcome an actual or provisional rejection based on nonstatutory double patenting
`
`provided the reference application or patent either is shown to be commonly owned with the
`
`

`

`Application/Control Number: 17/118,194
`Art Unit: 2466
`
`Page 3
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`examinedapplication, or claims an invention madeasa result of activities undertaken within the
`
`scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination
`
`underthe first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §
`
`2146 et seq. for applications not subject to examination underthe first inventorto file provisions
`
`of the AJA.A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
`
`The USPTOInternet website contains terminal disclaimer forms which may be used.
`
`Please visit www.uspto.gov/patent/patents-forms. Thefiling date of the application in which the
`
`form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA/25, or
`
`PTO/AIA/26) 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, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-Ljsp.
`
`5.
`
`Claims 1-12 are rejected on the ground of nonstatutory double patenting as being
`
`unpatentable over claims 1-6, 7 and 9 of U.S. Patent No. 10,631,314. Although the claimsat
`
`issue are not identical, they are not patentably distinct from each other because they are directed
`
`to the concepts of suppressing a reduction in a data transmission size even whenshort-range
`
`communication and long-range communication are made to co-exist at the same frequency.
`
`Regarding claim 1 10,631,314 discloses a reception method for a reception
`
`apparatus comprising: receiving a first symbol group and a second symbol group from a
`
`base station, wherein the first symbol groupis transmitted at a first transmit power and
`
`includesa first gain control (AGC) symbol and a control symbol for causing the reception
`
`apparatus to recognize that a short-range communication is to be performed (claim 1),
`
`and wherein the second symbolgroupis transmitted at a second transmit powerthatis
`
`

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`Application/Control Number: 17/118,194
`Art Unit: 2466
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`Page 4
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`smaller than the first transmit power and includes a second AGC symboland a data
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`symbolfor the short-range communication (claim /); adjustingafirst received-signal
`
`level of the first symbol group using the first AGC symbol and recognizing that the short-
`
`range communication is to be performed (claim 1); and adjusting a second received-
`
`signal level of the second symbol group using the second AGC symbol(claim /).
`
`Regarding claim 2 10,631,314 discloses the reception method according to
`
`Claim 1, wherein the first symbol group includes another control symbolindicating
`
`which ofa first communication method for short-range communication and a second
`
`communication method for long-range communicationis to be performed (claim 2).
`
`Regarding claim 3 10,631,314 discloses the reception method according to
`
`Claim 1, wherein a relationship given by expression (1) is satisfied betweena first
`
`average electric power of signal points in an in-phase/quadrature-phase plane for each
`
`symbolof the first symbol group and a second average electric powerof signal points in
`
`the in- phase/quadrature-phase plane for each symbolin the second symbol group (claim
`
`3),
`
`M
`
`N
`
`aD(ay + QA) > —»By + Q5;)
`
`1
`
`j=1
`
`1
`
`j=1
`
`where M denotes a numberof signal points in the in-phase/quadrature- phase
`
`planefor the first symbol group, N denotes a numberof signal points in the in-
`
`phase/quadrature-phase plane for the second symbolgroup (claim 3), Ia,j denotes an in-
`
`phase componentof each signal pointin the first symbol group, Qa,j denotes a quadrature
`
`componentof each signal pointin the first symbol group, Ib,j denotes an in-phase
`
`

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`Application/Control Number: 17/118,194
`Art Unit: 2466
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`Page 5
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`componentof each signal point in the second symbol group (claim 3), and Qb,j denotes a
`
`quadrature componentof each signal point in the second symbol group (claim 3).
`
`Regarding claim 4 10,631,314 discloses the reception method according to
`
`Claim 1, wherein a plurality of time segments in which a certain numberofthefirst
`
`symbol groups are transmittable are provided between adjacent time segments in which
`
`the second symbol groupis transmitted (claim 4); and communication apparatusesthat
`
`support a first communication method for the short-range communication respectively
`
`transmit the first symbol groups in mutually different time segments within the plurality
`
`of time segments (claim 4).
`
`Regarding claim 5 10,631,314 discloses the reception method according to
`
`Claim 1, wherein a single time segment in which the first symbol group is transmittable is
`
`provided between adjacent time segments in which the second symbolgroupis
`
`transmitted, and in the single time segment, the first symbol group is transmitted from
`
`one of a plurality of communication apparatuses that support a first communication
`
`method for short-range communication (claim 5).
`
`Regarding claim 6 10,631,314 discloses the reception method according to
`
`Claim 1, wherein the communication using a first communication method for short-range
`
`communication is performed between the reception apparatus andthe basestation (claim
`
`6).
`
`Regarding claim 7 10,631,314 discloses a reception apparatus comprising:
`
`reception circuitry which, in operation, receives a first symbol group and a second
`
`symbol group from a basestation, wherein the first symbol group is transmitted at a first
`
`transmit power and includesa first gain control (AGC) symboland a control symbol for
`
`

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`Application/Control Number: 17/118,194
`Art Unit: 2466
`
`Page 6
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`causing the reception apparatus to recognize that a short- range communicationis to be
`
`performed (claim 9), and wherein the second symbolgroupis transmitted at a second
`
`transmit powerthat is smaller than the first transmit power and includes a second AGC
`
`symboland a data symbolfor the short-range communication (claim 9); and control
`
`circuitry, which in operation, adjusts a first received-signal level of the first symbol group
`
`using the first AGC symbol and recognizing that the short- range communication is to be
`
`performed, and adjusts a second received-signal level of the second symbol group using
`
`the second AGC symbol(claim 9).
`
`Regarding claim 8 10,631,314 discloses the reception apparatus according to
`
`Claim 7, wherein the first symbol group includes another control symbolindicating
`
`which ofa first communication method for short-range communication and a second
`
`communication method for long-range communicationis to be performed (claim 2).
`
`Regarding claim 9 10,631,314 discloses the reception apparatus according to
`
`Claim 7, wherein a relationship given by expression (1) is satisfied betweena first
`
`average electric power of signal points in an in-phase/quadrature-phase plane for each
`
`symbolof the first symbol group and a second average electric powerof signal points in
`
`the in- phase/quadrature-phase plane for each symbolin the second symbol group (claim
`
`3),
`
`M
`
`N
`
`aD(ay + QA) > —»By + Q5;)
`
`1
`
`j=1
`
`1
`
`j=1
`
`where M denotes a numberof signal points in the in-phase/quadrature- phase
`
`planefor the first symbol group, N denotes a numberof signal points in the in-
`
`

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`Application/Control Number: 17/118,194
`Art Unit: 2466
`
`Page 7
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`phase/quadrature-phase plane for the second symbolgroup, Ja,j denotes an in-phase
`
`componentof each signal point in the first symbol group (claim 3), Qa,j denotes a
`
`quadrature componentof each signal pointin the first symbol group, Ib,j denotes an in-
`
`phase componentof each signal point in the second symbol group, and Qb,j denotes a
`
`quadrature componentof each signal point in the second symbol group (claim 3).
`
`Regarding claim 10 10,631,314 discloses the reception apparatus according to
`
`Claim 7, wherein a plurality of time segments in which a certain numberofthefirst
`
`symbol groups are transmittable are provided between adjacent time segments in which
`
`the second symbol groupis transmitted (claim 4); and communication apparatusesthat
`
`support a first communication method for the short-range communication respectively
`
`transmit the first symbol groups in mutually different time segments within the plurality
`
`of time segments (claim 4).
`
`Regarding claim 11 10,631,314 discloses the reception apparatus according to
`
`Claim 7, wherein a single time segment in which the first symbol group is transmittable is
`
`provided between adjacent time segments in which the second symbolgroupis
`
`transmitted, and in the single time segment(claim 5), the first symbol group is
`
`transmitted from one of a plurality of communication apparatuses that supporta first
`
`communication method for short-range communication (claim 5).
`
`Regarding claim 12 10,631,314 discloses the reception apparatus according to
`
`Claim 7, wherein the communication using a first communication method for short-range
`
`communication is performed between the reception apparatus andthe basestation (claim
`
`7).
`
`

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`Application/Control Number: 17/118,194
`Art Unit: 2466
`
`Page 8
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`Allowable Subject Matter
`
`Claims 1-12 are allowed.
`
`The present claims, which languageis similar to that of the parent case, now USPN
`
`6.
`
`7.
`
`10,631,314, are deemed allowable for similar reasonsof those of the parentcases.
`
`Conclusion
`
`8.
`
`Theprior art made of record and notrelied upon is considered pertinent to applicant's
`
`disclosure.
`
`a.
`
`US PG Pub 2016/0081100 to Du et al. — that discloses a data transmission
`
`method, applied to the foregoing BSSs whose coverage areas overlap, the first BSS may
`
`be a long range BSS or a short range BSS. The second BSS may bea short range BSS,
`
`where normal transmit power of an APin the short range BSS, that is, normal transmit
`
`powerof a short range AP,is lower than a threshold.
`
`b.
`
`US PG Pub 20130272262 to Li et al. — which teaches aspects of the in-band
`
`approach to D2D communications. In particular, the focus is on a signal structure for
`
`supporting in-band D2D communications, scheduling of D2D transmissions, and power
`
`control for interference management.
`
`9.
`
`Anyinquiry concerning this communication or earlier communications from the
`
`examiner should be directed to Aixa A Guadalupe-Cruz whose telephone numberis (571)270-
`
`7523. The examiner can normally be reached Monday - Thursday 6AM - 4:00PM.
`
`Examinerinterviews are available via telephone, in-person, and video conferencing using
`
`a USPTO supplied web-based collaboration tool. To schedule an interview, applicantis
`
`

`

`Application/Control Number: 17/118,194
`Art Unit: 2466
`
`Page 9
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`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, Faruk Hamza can be reached on 571-272-7969. The fax phone numberfor the
`
`organization wherethis application or proceedingis assigned is 571-273-8300.
`
`Information regarding the status of published or unpublished applications may be
`
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`
`/Aixa Guadalupe-Cruz/
`Examiner
`
`Art Unit 2466
`
`/FARUK HAMZA/
`Supervisory Patent Examiner, Art Unit 2466
`
`