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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
`
`17/033,407
`
`09/25/2020
`
`LILEI WANG
`
`731456.449C4
`
`9859
`
`Seed IP Law Group LLP/Panasonic (PIPCA)
`701 5th Avenue, Suite 5400
`Seattle, WA 98104
`
`REGO, DOMINIC E
`
`ART UNIT
`
`2648
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`07/09/2021
`
`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*
`1-16 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`5a) Of the above claim(s) ___ is/are withdrawn from consideration.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) 1-16 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 09/25/2020 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)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 20210703
`
`Application No.
`Applicant(s)
`17/033,407
`WANG etal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`DOMINIC E REGO
`2648
`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 09/25/2020.
`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: 17/033,407
`Art Unit: 2648
`
`Page 2
`
`DETAILED ACTION
`
`Notice of Pre-AlA or AIA Status
`
`1.
`
`The present application, filed on or after March 16, 2013, is being examined
`
`under the first inventor to file provisions of the AIA.
`
`Double Patenting
`
`2.
`
`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
`
`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
`
`

`

`Application/Control Number: 17/033,407
`Art Unit: 2648
`
`Page 3
`
`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
`
`AIA. 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
`
`www.uspto.gov/patents/process/file/efs/guidance/eT D-info-l.jsp.
`
`3.
`
`Claims 1-14 are rejected on the ground of nonstatutory double patenting as being
`
`unpatentable over claims 1-13 of U.S. Patent No. 10,305,662. Although the claims at
`
`issue are not identical, they are not patentably distinct from each other because
`
`Independent claim 1 of the present of application are broader in scope and thus
`
`encompassthe subject matter already claimed in allowed claim 1
`
`in respectively of US
`
`patent application 15/698,054, US Patent No: 10,305,662.
`
`4.
`
`This is a non-provisional nonstatutory double patenting rejection because the
`
`patentably indistinct claims have not in fact been patented.
`
`Instant Application
`
`Patent No. 10,305,662, Application
`
`#15/698,054
`
`comprising:
`
`1. Awireless communication method
`
`13. A wireless communication device
`
`comorising:
`
`

`

`Application/Control Number: 17/033,407
`Art Unit: 2648
`
`
`Page 4
`
`receiving a reference signal and a
`
`a receiver that receives a reference
`
`data signal, based on a coverage
`
`signal and a data signal in a Physical
`
`enhancement level represented by 4
`
`Resource Block (PRB) transmitted with
`
`number of transmission repetitions:
`
`a coverage enhancement level
`
`processing the reference signal and the
`
`represented by a number of
`
`data signal received by ihe receiving:
`
`transmission repetitions, wherein:
`
`setting a number of resaurce
`
`the number of resource elements
`
`elements for transmitting the reference
`
`transmitting the reference signal in the
`
`signal based at least on a channel type:
`
`PRB is determined by the coverage
`
`and
`
`enhancement level, the channel type
`
`and/or the coding rate of the data
`
`signal, the data signal is used to
`
`transmit a System Information Block
`
`(SIB) 1, and
`
`setting usage of resource elements
`
`usage of resource elements
`
`indicated by a System Information
`
`transmitting the reference signal in the
`
`Block (SIB),
`
`PRB is indicated by a Master
`
`Information Block (MIB)or is specified,
`
`and usage of a plurality of resource
`
`elements transmitting a plurality of
`
`reference signals in a plurality of PRBs
`
`other than the PRB, for a plurality of
`
`

`

`Application/Control Number: 17/033,407
`Art Unit: 2648
`
`
`Page 5
`
`SIBs other than first SIB1, is indicated
`
`by the SIB1.
`
`3. The method according to claim 1,
`
`wherein at least a part of the reference
`
`wherein the reference signal is a Cell-
`
`signal transmitted in the PRB reuses
`
`specific Reference Signal (CAS) or a
`
`existing Cell-specific Reference Signal
`
`Demaduiation Reference Signal
`
`(CRS), Demodulation Reference Signal
`
`(DMRS).
`
`(DMRS), Channel State Information
`
`Reference Signal (CSI-RS) and/or
`
`other existing reference signals.
`
`2. The method according to claim 1,
`
`2. The method according to claim 1,
`
`wherein the number of resource
`
`wherein the number of resource
`
`elements for ransmulling the reference
`
`elements transmitting the reference
`
`signal for a larger coverage
`
`signal in the PRB for a larger
`
`enhancement level is more than the
`
`coverage enhancementlevel is more
`
`number of resqurce elements for
`
`than that for a smaller coverage
`
`than the number of rescurce slemenis
`
`transmitting the reference signal fora
`
`enhancement level.
`
`smaller coverage enhancement level.
`
`6G. The method accordirig to clair 4,
`
`5. The method according to claim 1,
`
`wherein ihe number of resource
`
`wherein the number of resource
`
`elements for transmitting the reference
`
`elements transmitting the reference
`
`signal for a higher coding rate is less
`
`signal in the PRB for a higher coding
`
`rate
`
`

`

`Application/Control Number: 17/033,407
`Page 6
`Art Unit: 2648
`
`
`for transmitting the reference signal for
`
`a lower coding rate.
`
`rate.
`
`Channel (PDSCH) or a Physical Uplink
`
`recommended by user equipment is less than that for a lower coding
`
`7. The method according to claim 1,
`
`6. The method according to claim 1,
`
`wherein the data signal is used to
`
`wherein the data signal is used for
`
`transmil a Physical Dowriink Shared
`
`transmitting Physical Downlink Shared
`
`Channel (PDSCH) or Physical Uplink
`
`Shared Channel (PUSCH), and the
`
`Shared Channel (PUSCH), and the
`
`usage af the resource elements for
`
`usage of resource elements for
`
`transmitting the reference signal ina
`
`transmitting the reference signal in the
`
`Physical Resource Block (PRB)
`
`PRB is indicated by Modulation and
`
`indicated by a Modulation and Gading
`
`Coding Scheme (MCS)indicated in
`
`scheme (MCS) indicated in Downlink
`
`Downlink Control Information (DCI),
`
`Control information (BC), which is
`
`which is transmitted in Physical
`
`transmitied in a Physical Downlink
`
`Downlink Control Channel (PDCCH) or
`
`Control Channel (PDCCH) or an
`
`Enhanced Physical Downlink Control
`
`Enhanced PDCGH (EPDCCH)
`
`Channel (EPDCCH).
`
`&. The method according to claim 1,
`
`7. The method according to claim 1,
`
`wherein the usage of the resource
`
`wherein the usage of resource
`
`elernents for iransmitting the refererice
`
`elements transmitting the reference
`
`signal is configured by Radio Hesaurce
`
`signal in the PRB is configured by
`
`Control (HRC), is predefined, ar is
`
`Radio Resource Control (RRC), is
`
`predefined or is recommended by
`
`

`

`through a Channel Quality Indicator
`
`(COp.
`
`Quality Indicator (CQI).
`
`Page 7
`
`Application/Control Number: 17/033,407
`Art Unit: 2648
`
`
`(DMRS). user equipment through Channel
`
`9. A wireless cormmunication device
`
`13. A wireless communication device
`
`comprising: a receiver, which, in
`
`comprising:
`
`operation, receives a reference signal
`
`a receiver that receives a reference
`
`and 4 data signal, based on a coverage
`
`signal and a data signal in a Physical
`
`enhancement level represented by a
`
`Resource Block (PRB) transmitted with
`
`number of transmission repetitions: and
`
`a coverage enhancement level
`
`circuitry, which, in operalion, processes
`
`represented by a number of
`
`the reference signal and the data signal
`
`transmission repetitions, wherein:
`
`received by the receiver, sets a number
`
`the number of resource elements
`
`Of resource elements for transmitting
`
`transmitting the reference signal in the
`
`the reference signal based at leastona
`
`PRB is determined by the coverage
`
`channel type, and seis usage of
`
`enhancement level, the channel type
`
`resource elements indicated by a
`
`and/or the coding rate of the data
`
`Sysiem Information Block (SHB),
`
`signal, the data signal is used to
`
`wherein the reference signal is a Gelb
`
`transmit a System Information Block
`
`epecific Reference Signal (CRS) or a
`
`(SIB) 1, and
`
`Demodulation Reference Signal
`
`usage of resource elements
`
`transmitting the reference signal in the
`
`PRB is indicated by a Master
`
`Information Block (MIB)or is specified,
`
`and usage of a plurality of resource
`
`

`

`Application/Control Number: 17/033,407
`Art Unit: 2648
`
`
`Page 8
`
`elements transmitting a plurality of
`
`reference signals in a plurality of PRBs
`
`other than the PRB, for a plurality of
`
`SIBs other than first SIB1, is indicated
`
`by the SIB1.
`
`3. The method according to claim 1,
`
`wherein at least a part of the reference
`
`signal transmitted in the PRB reuses
`
`existing Cell-specific Reference Signal
`
`(CRS), Demodulation Reference Signal
`
`(DMRS), Channel State Information
`
`Reference Signal (CSI-RS) and/or
`
`other existing reference signals.
`
`enhancement tevel.
`
`10. The wireless cammunication device
`
`2. The method according to claim 1,
`
`according to claim 9, wherein the
`
`wherein the number of resource
`
`number of resource elements for
`
`elements transmitting the reference
`
`transmitting the reference signal fora
`
`signal in the PRB for a larger
`
`larger coverage enhancement level is
`
`coverage enhancementlevel is more
`
`more than the number of resource
`
`than that for a smaller coverage
`
`elernents for transmitting the reference
`
`enhancement level.
`
`signal for a smaller coverage
`
`

`

`Application/Control Number: 17/033,407
`Art Unit: 2648
`
`
`Page 9
`
`14. The wireless communication device
`
`5. The method according to claim 1,
`
`according to claim 9, wherein the
`
`wherein the number of resource
`
`number of resource elements for
`
`elements transmitting the reference
`
`transmitiing the reference signalicr a
`
`signal in the PRB for a higher coding
`
`higher coding rate is less than the
`
`rate is less than that for a lower
`
`number of resource elements for
`
`coding rate.
`
`transmitting the reference signal fora
`
`lower coding rate.
`
`1&. The wireless communicaiian device
`
`6. The method according to claim 1,
`
`accarding to claim 9, wherein the data
`
`wherein the data signal is used for
`
`signal for transmitting 4 Physical
`
`transmitting Physical Downlink Shared
`
`Downlink Shared Channel (PDSCH} or
`
`Channel (PDSCH) or Physical Uplink
`
`a Physical Uplink Shared Channet
`
`Shared Channel (PUSCH), and the
`
`(PUSCH), and the usage of the
`
`usage of resource elements for
`
`(EPDCCH).
`
`resource elements indicated by a
`
`transmitting the reference signal in the
`
`Modulation and Coding Scheme (MCS)
`
`PRB is indicated by Modulation and
`
`indicated in Dowrlink Controt
`
`Coding Scheme (MCS)indicated in
`
`information (OC), which is transmitted
`
`Downlink Control Information (DCI),
`
`ina Physical Downlink Gontrol Ghanne!
`
`which is transmitted in Physical
`
`(PDOCH) or an Enhanced PDCCH
`
`Downlink Control Channel (PDCCH) or
`
`Enhanced Physical Downlink Control
`
`Channel (EPDCCH).
`
`

`

`Application/Control Number: 17/033,407
`Art Unit: 2648
`
`
`Page 10
`
`16. The wireless carnmunication device|7. The method according to claim 1,
`
`according to claim 9, wherein the
`
`wherein the usage of resource
`
`usage of the resource elemenis for
`
`elements transmitting the reference
`
`transmitiing the reference signal is
`
`signal in the PRB is configured by
`
`configured by Radio Resource Contra!|Radio Resource Control (RRC), is
`
`(RAG), is predefined, or is
`
`predefined or is recommended by user
`
`recommended Dy user equipment
`
`equipment through Channel Quality
`
`through a Channel Quality Indicator
`
`Indicator (CQI).
`
`(OCH.
`
`
`Conclusion
`
`5.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to DOMINIC E REGO whosetelephone number is
`
`(571)272-8132. The examiner can normally be reached on Monday-Friday, 8:00am-
`
`4:30pm.
`
`Examiner interviews are available via telephone, in-person, and video
`
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`
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`
`(AIR) at http:/Avww.uspto.gov/interviewpractice.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
`
`supervisor, Wesley Kim can be reached on 571-272-7867. The fax phone number for
`
`the organization where this application or proceeding is assigned is 571-273-8300.
`
`

`

`Application/Control Number: 17/033,407
`Art Unit: 2648
`
`Page 11
`
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`/DOMINIC E REGO/
`Primary Examiner, Art Unit 2648
`Tel 571-272-8132
`
`