www.uspto.gov
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address; COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`17/174,916
`
`02/12/2021
`
`Alexander Golitschek Edler von Elbwart
`
`736456.472C1
`
`2359
`
`Seed IP Law Group LLP/Panasonic (PIPCA)
`701 5th Avenue, Suite 5400
`Seattle, WA 98104
`
`BRITT, CYNTHIA H
`
`ART UNIT
`
`2111
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`06/08/2022
`
`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.
`17/174,916
`Examiner
`CYNTHIA H BRITT
`
`Applicant(s)
`Golitschek Edler von Elbwart e
`Art Unit
`AIA (FITF) Status
`2111
`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 2/12/21.
`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*
`1-15 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) 1-15 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 2/12/21 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 20220603
`
`

`

`Application/Control Number: 17/174,916
`Art Unit: 2111
`
`Page 2
`
`DETAILED ACTION
`
`Claims 1-15 are presented for examination.
`
`Notice of Pre-AlA or AIA Status
`
`The present application, filed on or after March 16, 2013, is being examined
`
`under the first inventor to file provisions of the AIA.
`
`Information Disclosure Statement
`
`The information disclosure statement (IDS) submitted on 2/12/21 has been
`
`considered by the examiner.
`
`The drawings were received on 2/12/21. These drawings are acceptable.
`
`Drawings
`
`Double Patenting
`
`The nonstatutory double patenting rejection is based on a judicially created
`
`doctrine groundedin public policy (a policy reflected in the statute) so as to prevent the
`
`unjustified or improper timewise extension of the “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 claims are 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
`
`

`

`Application/Control Number: 17/174,916
`Art Unit: 2111
`
`Page 3
`
`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 timelyfiled 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 examined application, or claims an invention made as a
`
`result of activities undertaken within the scope of a joint research agreement. See
`
`MPEP § 717.02 for applications subject to examination under the first inventor to file
`
`provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146etseq.for
`
`applications not subject to examination under the first inventor to file provisions of the
`
`AlA. 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. The filing 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
`
`
`
`

`

`Application/Control Number: 17/174,916
`Art Unit: 2111
`
`Page 4
`
`Claims 1-15 are rejected on the ground of nonstatutory double patenting as being
`
`unpatentable over claims 1-13 of U.S. Patent No. 10,958,382. Although the claims at
`
`issue are not identical, they are not patentably distinct from each other because the
`
`patented claims recite a user equipment and the pending claims recite an integrated
`
`controlling the processof the user equipment of the patented claims. Therefore, it would
`
`have been obvious to a person having ordinary skill in the art at the time offiling of the
`
`present application to have used andIC to control this process given the patented
`
`claims. See table below:
`
`17/174916 present application
`
`U.S. Patent No. 10,958,382
`
`1. An integrated circuit which, in
`
`1. A user equipment operating a
`
`operation, controls a process of a user
`
`transmission protocol for uplink data
`
`equipment operating a transmission
`
`packettransmission in a communication
`
`protocol for uplink data packet
`
`system, the user equipment comprising:
`
`transmission in a communication system,
`
`the process comprising:
`
`packet.
`
`receiving a Fast Retransmission Indicator|a receiver operative to receive a Fast
`
`(FRI),
`
`Retransmission Indicator, (FRI),
`
`wherein the FRI indicates that a base
`
`wherein the FRI indicates that a base
`
`station requests a retransmission of a
`
`station requests a retransmission of a
`
`previously-transmitted data packet using|previously-transmitted data packet using
`
`identical transmission parameters as the|identical transmission parameters as the
`
`previously-transmitted data packet; and
`
`previously-transmitted data packet; anda
`
`retransmitting the data packet using the
`
`transmitter operative to retransmit the
`
`identical transmission parameters as
`
`data packetusing the identical
`
`used for the previously-transmitted data
`
`transmission parameters as already used
`
`packet.
`
`for the previously-transmitted data
`
`

`

`Application/Control Number: 17/174,916
`Page 5
`Art Unit: 2111
`
`
`2. The integrated circuit according to
`
`2. The user equipment according to claim
`
`claim 1, wherein the FRI indicates that
`
`1, wherein the FRI indicates that the
`
`the retransmission is to be performed with
`
`retransmission is to be performed with
`
`an identical redundancy version as used
`
`an identical redundancy version as used
`
`for the previously-transmitted data
`
`for the previously-transmitted data
`
`packet, and
`
`packet, and
`
`wherein the integrated circuit is further
`
`wherein the transmitter is further
`
`operative to use the identical redundancy
`
`operative to use the identical redundancy
`
`version as the previously-transmitted the
`
`version as the previously-transmitted the
`
`data packetfor retransmitting the data
`
`data packetfor retransmitting the data
`
`packet.
`
`packet.
`
`3. The integrated circuit according to
`
`3. The user equipment according to claim
`
`claim 2, wherein the identical
`
`2, wherein the identical
`
`transmission parameters include a
`
`transmission parameters include a
`
`scrambling code of the previously-
`
`scrambling code of the previously-
`
`transmitted data packet.
`
`transmitted data packet.
`
`4. The integrated circuit according to
`
`4. The user equipment according to claim
`
`claim 1, wherein the FRI indicates that a
`
`1, wherein the FRI indicates that a
`
`retransmission of a part of the previously-
`
`retransmission of a part of the previously-
`
`transmitted data packetis to be
`
`transmitted data packetis to be
`
`performed, and
`
`performed, wherein the part is 50%or
`
`25%of the previously-transmitted data
`
`packet, and
`
`retransmission of a part of the previously-
`
`wherein the integrated circuit is further
`
`wherein the transmitter is further
`
`operative to cause the indicated part of
`
`operative to retransmit the indicated part
`
`the previously-transmitted data packetto
`
`of the previously-transmitted data packet.
`
`be retransmitted.
`
`5. The integrated circuit according to
`
`4. The user equipment according to claim
`
`claim 1,
`
`1, wherein the FRI indicates that a
`
`

`

`Application/Control Number: 17/174,916
`Art Unit: 2111
`
`transmitted data packetis to be
`
`Page 6
`
`wherein the part of the previously-
`
`performed,
`
`transmitted data packetis 50%or 25%of
`
`wherein the part is 50% or 25%of the
`
`the previously-transmitted data packet.
`
`previously-transmitted data packet, and
`
`wherein the transmitter is further
`
`operative to retransmit the indicated part
`
`of the previously-transmitted data packet.
`
`6. The integrated circuit according to
`
`5. The user equipment according to claim
`
`claim 4, wherein
`
`4, wherein
`
`the retransmission equals a total transmit
`
`the retransmission further uses
`
`the transmitter is further operative to use
`
`a transmit power for the retransmission of
`
`a transmit power for the retransmission of
`
`the part of the previously transmitted data
`
`the part of the previously transmitted data
`
`packet such that a total transmit power for
`
`packetso that a total transmit power for
`
`the retransmission equals a total transmit
`
`the retransmission equals a total transmit
`
`power of the previously transmitted data
`
`power of the previously transmitted data
`
`packet.
`
`packet,
`
`wherein using 50%of the data packet
`
`results in a transmission power increase
`
`of the part of the previously-transmitted
`
`data packetby a factor 2.
`
`7. The integrated circuit according to
`
`5. The user equipment according to claim
`
`claim 6,
`
`4, wherein
`
`the transmitter is further operative to use
`
`a transmit power for the retransmission of
`
`the part of the previously transmitted data
`
`packetso that a total transmit power for
`
`

`

`Application/Control Number: 17/174,916
`Art Unit: 2111
`
`
`Page 7
`
`power of the previously transmitted data
`
`wherein using 50%of the data packet
`
`packet,
`
`results in a transmission power increase
`
`wherein using 50%of the data packet
`
`of the part of the previously-transmitted
`
`results in a transmission power increase
`
`data packetby a factor 2.
`
`of the part of the previously-transmitted
`
`data packetby a factor 2.
`
`8. The integrated circuit according to
`
`6. The user equipment according to claim
`
`claim 1, wherein receiving the FRI
`
`1, wherein the receiver is further
`
`includes
`
`operative to
`
`receiving the FRI at a first timing after the
`
`receive the FRI at a first timing after the
`
`transmission of the previously-transmitted
`
`transmission of the previous data packet,
`
`data packet,
`
`(HI), and
`
`wherein the first timing is fixed or semi-
`
`wherein the first timing is fixed or semi-
`
`statically configurable by the base station.
`
`statically configurable by the base station.
`
`9. The integrated circuit according to
`
`7. The user equipment according to claim
`
`claim 1, wherein
`
`1, wherein the transmitter is further
`
`operative to transmit
`
`the data packetis retransmitted at a
`
`the retransmission of the data packet at a
`
`second timing after receiving the FRI, and
`
`second timing after reception of the FRI
`
`by the receiver, and
`
`wherein the second timing is fixed, semi-
`
`wherein the second timing is fixed, semi-
`
`static configurable by the basestation, or
`
`static configurable by the basestation, or
`
`variable based on a respective
`
`variable based on a respective
`
`information included in the received FRI.
`
`information included in the received FRI.
`
`10. The integrated circuit according to
`
`8. The user equipment according to
`
`claim 1, wherein
`
`claim 1, wherein
`
`the retransmission of the data packetis
`
`the retransmission of the data packetis
`
`triggered by a Downlink Control
`
`triggered by a Downlink Control
`
`Information (DCI) or a HARQ Indicator
`
`Information (DCI) or a HARQ Indicator
`
`(HI), and
`
`

`

`Application/Control Number: 17/174,916
`Art Unit: 2111
`
`
`Page 8
`
`
`
`whereinafirst time period between the whereinafirst time period between the
`
`previous transmission of the data packet
`
`previous transmission of the data packet
`
`and the reception of the FRI, or a second
`
`and the reception of the FRI, or a second
`
`time period between the reception of the
`
`time period between the reception of the
`
`FRI and the retransmission of the data
`
`FRI and the retransmission of the data
`
`packetis smaller than a third time period
`
`packetis smaller than a third time period
`
`between reception of the DCI or HI and
`
`between reception of the DCI or HI and
`
`its corresponding retransmission of the
`
`its corresponding retransmission of the
`
`data packet, wherein at least one of the
`
`data packet, wherein at least one of the
`
`first and second time periods is smaller
`
`first and second time periods is smaller
`
`than 4 ms.
`
`than 4 ms.
`
`11. The integrated circuit according to
`
`9. The user equipment according to
`
`claim 10, wherein
`
`claim 8, wherein
`
`in case that a requestfor performing the
`
`in case the receiver receives a requestfor
`
`retransmission of the data packet by the
`
`performing the retransmission of the data
`
`FRI is received and a requestfor
`
`packet by the FRI and a requestfor
`
`performing, at the same time,
`
`performing, at the same time,
`
`transmission of another data packet by
`
`transmission of another data packet by
`
`the DCI or HI,
`
`the DCI or HI,
`
`the integrated circuit is further operative
`
`the transmitter is further operative to
`
`to follow the request by the FRI and to
`
`follow the request by the FRI and to
`
`ignore the request by the DCI or HI.
`
`ignore the request by the DCI or HI.
`
`12. The integrated circuit according to
`
`10. The user equipment according to
`
`claim 1, wherein the FRI further
`
`claim 1, wherein the FRI further
`
`comprises a HARQ process number
`
`comprises an HARQ process number
`
`indicator for indicating a HARQ process
`
`indicator for indicating a HARQ process
`
`that was used bythe integrated circuit for
`
`that was used bythe transmitter for
`
`the previous transmission of the data
`
`the previous transmission of the data
`
`packet. 13. The integrated circuit according to
`
`packet.
`
`claim 1, wherein the previous
`
`claim 1, wherein the previous
`
`11. The user equipment according to
`
`

`

`Application/Control Number: 17/174,916
`Art Unit: 2111
`
`
`Page 9
`
`transmission of the data packetis an
`
`transmission of the data packetis an
`
`initial transmission or a retransmission of
`
`initial transmission or a retransmission of
`
`the data packet.
`
`the data packet.
`
`14. The integrated circuit according to
`
`12. The user equipment according to
`
`claim 1,
`
`claim 1,
`
`wherein the FRI is received in radio
`
`wherein the receiver is further operative
`
`resources used for
`
`to
`
`receiving an HI the FRI is received as a
`
`receive the FRI in radio resources used
`
`DCI,
`
`for receiving an HI, or to receive the FRI
`
`as a DCI, or to
`
`and the transmitter is further operative to
`
`retransmission of one of the data packets;
`
`the FRI is received in preconfigured radio
`
`receive the FRI in preconfigured radio
`
`resources of a common search space or
`
`resources of a common search space, or
`
`the FRI is received in preconfigured radio
`
`to receive the FRI in preconfigured radio
`
`resources of a user-equipment-specific
`
`resources of a user-equipment-specific
`
`search space.
`
`search space.
`
`15. The integrated circuit according to
`
`13. The user equipment according to
`
`claim 1,
`
`claim 1,
`
`wherein when the user equipment uses
`
`wherein when the user equipment uses
`
`multiple transmitting antennas for
`
`multiple transmitting antennasfor
`
`transmission of data packets:
`
`transmission of data packets:
`
`the receiver is further operative to
`
`receiving the FRI triggers a
`
`receive the FRI thattriggers a
`
`retransmission of the data packets, and
`
`retransmission of the data packets; and
`
`the retransmission includes
`
`the transmitter is further operative to
`
`retransmitting the data packets to the
`
`retransmit the data packets to the base
`
`base station using the multiple
`
`station using the multiple
`
`transmitting antennas; or
`
`transmitting antennas; or wherein: the
`
`receiving the FRI triggers a
`
`receive the FRI thattriggers a
`
`receiver is further operative to
`
`retransmission of one of the data packets,
`
`and the retransmission includes
`
`

`

`Application/Control Number: 17/174,916
`Art Unit: 2111
`
`
`Page 10
`
`retransmitting the one of the data packets|retransmit the one of the data packets to
`
`to the base station using the multiple
`
`the basestation using the multiple
`
`
`
`transmitting antennas. transmitting antennas.
`
`Conclusion
`
`The prior art made of record and notrelied upon is considered pertinent to
`
`applicant's disclosure.
`
`US 2018/0287743 to Byun et al. teach power information for opportunistic
`
`retransmission data is additionally included in the DCI format, but a total length of the
`
`DCI format is the same because the power information for the opportunistic
`
`retransmission data adopts the redundantbits in the PCID field and the MCSfield.
`
`US 2019/0074936 to Lee et al. teach a system which can operate in synchronous
`
`HARQ, retransmission data may be received by using the same resource information as
`
`the resource of the previous data reception without a DL grant in a determined time
`
`resource.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to CYNTHIA H BRITT whose telephone number is
`
`(571)272-3815. The examiner can normally be reached Monday- Thursday8-5.
`
`Examiner interviews are available via telephone, in-person, and video
`
`conferencing using a USPTO supplied web-basedcollaboration tool. To schedule an
`
`interview, applicant is encouraged to use the USPTO Automated Interview Request
`
`(AIR) at http:/Avww.uspto.gov/interviewpractice.
`
`

`

`Application/Control Number: 17/174,916
`Art Unit: 2111
`
`Page 11
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
`
`supervisor, April Blair can be reached on 571-270-1014. The fax phone number for 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 Center is
`
`available to registered users. To file and manage patent submissions in Patent Center,
`
`visit: https://patentcenter.uspto.gov. Visit https:/Awww.uspto.gov/patents/apply/patent-
`
`center for more information about Patent Center and
`
`https:/Awww.uspto.gov/patents/docx for information aboutfiling in DOCX format. For
`
`additional questions, contact the Electronic Business Center (EBC) at 866-217-9197
`
`(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.
`
`CYNTHIA H. BRITT
`Primary Examiner
`Art Unit 2111
`
`/CYNTHIA BRITT/
`Primary Examiner, Art Unit 2111
`
`