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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
`
`17/035,125
`
`09/28/2020
`
`Atsushi Matsumoto
`
`733456.403C7
`
`9398
`
`Seed IP Law Group LLP/Panasonic
`701 Fifth Avenue, Suite 5400
`Seattle, WA 98104
`
`CHOUDHURY, FAISAL
`
`ART UNIT
`
`2478
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`10/26/2021
`
`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*
`1-17 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`5a) Of the above claim(s) ___ is/are withdrawn from consideration.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) 1-17 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 9/28/2020 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) 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
`4/21/2021;9/28/2020;9/28/2020.
`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 20211022
`
`Application No.
`Applicant(s)
`17/035,125
`Matsumoto etal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`FAISAL CHOUDHURY
`2478
`No
`
`
`
`-- 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 4/21/2021.
`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: 17/035,125
`Art Unit: 2478
`
`Page 2
`
`1.
`
`The present application is being examined under the pre-AlA first to invent provisions.
`
`Notice of Pre-AlA or AIA Status
`
`Double Patenting
`
`1.
`
`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 of the “right to exclude” granted by a patent and to prevent possible harassment by multiple
`
`assignees. A nonstatutory obviousness-type 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); and 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 a nonstatutory double patenting ground provided
`
`the conflicting application or patent either is shown to be commonly ownedwiththis application, or
`
`claims an invention made as a result of activities undertaken within the scope of a joint research
`
`agreement.
`
`Effective January 1, 1994, a registered attorney or agent of record maysign a terminal
`
`disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
`
`

`

`Application/Control Number: 17/035,125
`Art Unit: 2478
`
`Page 3
`
`Claims 1 and 17 is/are rejected on the ground of nonstatutory obviousness-type double
`
`patenting as being unpatentable over claim 1 of U.S. Patent Nos U.S 10,826,668; claim 1 of U.S. Patent
`
`Nos U.S 9,893,867; claim 1 of U.S. Patent Nos U.S 9,473,277; claim 1 of U.S. Patent Nos U.S 9,219,586;
`
`claim 1 of U.S. Patent Nos U.S 8,315,642; claim 1 of U.S. Patent Nos U.S 8,145,231 and claim 1 of U.S.
`
`Patent Nos U.S 8,125,953. Although the conflicting claims are not identical, they are not patentably
`
`distinct from each other because The following table shows mapping of how the claim of the instant
`
`application are made obvious by applicant and in views of what was knownin the prior art at the time of
`
`invention.
`
`This is a non-provisional obviousness-type double patenting rejection because the conflicting
`
`claim has been patented.
`
`US Patent 10, 826,668
`
`Instant Application 17/035,125
`
`Claim 1:
`
`Claims 1 and 17:
`
`Anintegrated circuit, comprising:
`
`mobile station apparatus, comprising:
`
`resourcesare uniformly distributed in the frequency
`
`. . a
`mappingcircuitry, which in at least one mode of
`
`circuitry which,
`¥
`
`’
`
`in at least one mode of operation
`P
`
`’
`
`.
`.
`operation, maps a reference signal to each of
`
`mapsa referencesignal to a plurality of frequency
`
`one or more frequency resources, into which a
`
`frequency band having a transmission
`
`bandwidth is uniformly divided depending ona
`
`size variation of the transmission bandwidth
`
`resourcesin a frequency band, the frequency band
`
`having a variable transmission bandwidth within a
`
`system bandwidth, the variable transmission
`
`bandwidth being provided between control channels
`mappedto both endsof the system bandwidth,
`
`within a system bandwidth, wherein the
`
`wherein each of the plurality of frequency resources
`
`transmission bandwidth is provided between
`
`is of a fixed bandwidth and the plurality of frequency
`
`

`

`Application/Control Number: 17/035,125
`Art Unit: 2478
`
`
`Page 4
`
`control channels mappedto both ends of the
`
`band and a time domain according to the variable
`
`system bandwidth; and
`
`transmission bandwidth; and
`
`transmitting circuitry, which, in at least the one
`
`mode of operation, controls transmission of the
`
`a transmitter which, in at least the one mode of
`
`reference signal.
`
`
`operation, transmits the reference signal.
`
`US Patent 9,893,867
`
`Claim 1:
`
`Instant Application 17/035,125
`
`Anintegrated circuit, comprising:
`
`mobile station apparatus, comprising:
`
`system bandwidth; and Claims 1 and 17:
`
`mappingcircuitry, which in at least one mode of
`
`circuitry which, in at least one mode of operation,
`
`operation, maps a reference signal to each of
`
`one or more frequency resources, into which a
`
`frequency band having a transmission
`
`bandwidth is uniformly divided depending ona
`
`size variation of the transmission bandwidth
`
`maps a reference signal to a plurality of frequency
`
`resourcesin a frequency band, the frequency band
`
`having a variable transmission bandwidth within a
`
`system bandwidth, the variable transmission
`
`bandwidth being provided between control channels
`
`mapped to both ends of the system bandwidth,
`
`within a system bandwidth, wherein the
`
`wherein each ofthe plurality of frequency resources
`
`transmission bandwidth is provided between
`
`is of a fixed bandwidth and the plurality of frequency
`
`control channels mappedto both ends of the
`
`resourcesare uniformly distributed in the frequency
`
`band and a time domain according to the variable
`
`transmission bandwidth; and
`
`

`

`Application/Control Number: 17/035,125
`Art Unit: 2478
`
`
`Page 5
`
`transmitting circuitry, which, in at least the one
`
`a transmitter which, in at least the one mode of
`
`mode of operation, controls transmission of the
`
`operation, transmits the reference signal.
`
`reference signal.
`
`US Patent 9,473,277
`
`Claim 1:
`
`Instant Application 17/035,125
`
`Claims 1 and 17:
`
`operation, transmits the reference signal.
`
`A mobile station apparatus, comprising:
`
`mobile station apparatus, comprising:
`
`circuitry which, in at least one mode of
`
`operation, maps a reference signal to each of
`
`one or more frequency resources, into which a
`
`frequency band having a transmission
`
`bandwidth is uniformly divided depending ona
`
`size variation of the transmission bandwidth
`
`circuitry which, in at least one mode of operation,
`
`maps a reference signal to a plurality of frequency
`
`resourcesin a frequency band, the frequency band
`
`having a variable transmission bandwidth within a
`
`system bandwidth, the variable transmission
`
`bandwidth being provided between control channels
`
`mapped to both ends of the system bandwidth,
`
`within a system bandwidth, wherein the
`
`wherein each ofthe plurality of frequency resources
`
`transmission bandwidth is provided between
`
`is of a fixed bandwidth and the plurality of frequency
`
`control channels mappedto both ends of the
`
`resourcesare uniformly distributed in the frequency
`
`system bandwidth; and
`
`band and a time domain according to the variable
`
`transmission bandwidth; and
`
`a transmitter which, in at least the one mode of
`
`a transmitter which, in at least the one mode of
`
`operation, transmits the
`
`reference signal.
`
`

`

`US Patent 9,219,586
`
`Claim 1:
`
`Instant Application 17/035,125
`
`Claims 1 and 17:
`
`A base station apparatus, comprising:
`
`mobile station apparatus, comprising:
`
`Page 6
`
`Application/Control Number: 17/035,125
`Art Unit: 2478
`
`
`mobile station apparatus, comprising:
`
`a setting section configured to, in at least one
`
`circuitry which, in at least one mode of operation,
`
`mode of operation, set reference-signal
`
`mappings to each of one or more frequency
`
`resources, into which a frequency band having a
`
`transmission bandwidth is uniformly divided
`
`dependingon a size variation of the
`
`maps a reference signal to a plurality of frequency
`
`resourcesin a frequency band, the frequency band
`
`having a variable transmission bandwidth within a
`
`system bandwidth, the variable transmission
`
`bandwidth being provided between control channels
`
`mapped to both ends of the system bandwidth,
`
`transmission bandwidth within a system
`
`wherein each ofthe plurality of frequency resources
`
`bandwidth, wherein the transmission
`
`is of a fixed bandwidth and the plurality of frequency
`
`bandwidth is provided between control
`
`resourcesare uniformly distributed in the frequency
`
`channels mappedto both ends of the
`
`band and a time domain according to the variable
`
`system bandwidth; and
`
`transmission bandwidth; and
`
`a transmitting section configured to transmit
`
`control information related to the reference-
`
`signal mappings.
`
`a transmitter which, in at least the one mode of
`
`operation, transmits the reference signal.
`
`US Patent 8,315,642
`
`Claim 1:
`
`Instant Application 17/035,125
`
`Claims 1 and 17:
`
`Anintegrated circuit for controlling a radio
`
`communication process, the process being
`
`

`

`Application/Control Number: 17/035,125
`Art Unit: 2478
`
`
`Page 7
`
`configurable to transmit a reference signal with
`
`circuitry which, in at least one mode ofoperation,
`
`a wide bandwidth without frequency hopping or
`
`maps a reference signal to a plurality of frequency
`
`to transmit the reference signal with a narrow
`
`resources in a frequency band, the frequency band
`
`bandwidth with frequency hopping, and the
`
`process comprising:
`
`mapping the reference signal to a frequency
`
`resource, which has the narrow bandwidth
`
`that is fixed regardless of variation of the wide
`
`having a variable transmission bandwidth within a
`
`system bandwidth, the variable transmission
`
`bandwidth being provided between control channels
`
`mappedto both ends of the system bandwidth,
`
`wherein each ofthe plurality of frequency resources
`
`is of a fixed bandwidth and the plurality of frequency
`
`bandwidth in a given system bandwidth,
`
`resources are uniformly distributed in the frequency
`
`wherein the frequency resource is uniformly
`
`band and a time domain according to the variable
`
`dispersed in a frequency band of the wide
`
`transmission bandwidth; and
`
`bandwidth depending on the variation of the
`
`wide bandwidth; and
`
`transmitting the mapped referencesignal.
`
`a transmitter which, in at least the one mode of
`
`operation, transmits the referencesignal.
`
`US Patent 8,145,231
`
`Claim 1:
`
`Instant Application 17/035,125
`
`Claims 1 and 17:
`
`A base station apparatus configurable to have a
`
`mobile station apparatus, comprising:
`
`resources in a frequency band, the frequency band
`
`mobile station apparatus transmit a reference
`
`signal with a wide bandwidth without frequency
`
`circuitry which, in at least one mode ofoperation,
`
`maps a reference signal to a plurality of frequency
`
`

`

`Application/Control Number: 17/035,125
`Art Unit: 2478
`
`
`Page 8
`
`hopping or with a narrow bandwidth with
`
`having a variable transmission bandwidth within a
`
`frequency hopping, the base station apparatus
`
`system bandwidth, the variable transmission
`
`.
`comprising:
`
`bandwidth being provided between control channels
`
`.
`.
`.
`.
`a setting unit configured to set a mapping of the
`
`mapped to both ends of the system bandwidth,
`
`referencesignal; a transmitting unit configured
`
`to transmit, to the mobile station apparatus,
`
`control information related to the mapping of
`
`wherein each ofthe plurality of frequency resources
`
`is of a fixed bandwidth and the plurality of frequency
`
`resources are uniformly distributed in the frequency
`
`band and a time domain according to the variable
`
`the reference signal; and a receiving unit
`8
`8
`
`transmission bandwidth; and
`
`configured to receive the referencesignal,
`
`a transmitter which,in at least the one modeof
`
`which is mappedto a frequency resource based|operation, transmits the referencesignal.
`
`on the control information and which is
`
`transmitted from the mobile station apparatus,
`
`wherein the wide bandwidth varies in a given
`
`system bandwidth, and said setting unit sets the
`
`mapping of the referencesignal such that the
`
`referencesignal is mapped to a frequency
`
`resource, which has the narrow bandwidth that
`
`is fixed regardless of variation of the wide
`
`bandwidth, and the frequency resourceis
`
`uniformly dispersed in a frequency band of the
`
`wide bandwidth depending on the variation of
`
`the wide bandwidth.
`
`

`

`Application/Control Number: 17/035,125
`Art Unit: 2478
`
`
`Page 9
`
`US Patent 8,125,953
`
`Claim 1:
`
`Instant Application 17/035,125
`
`Claims 1 and 17:
`
`A radio communication apparatus configurable
`
`mobile station apparatus, comprising:
`
`to transmit a reference signal with a wide
`
`operation, transmits the referencesignal.
`
`bandwidth without frequency hopping or to
`
`circuitry which, in at least one mode ofoperation,
`
`transmit the referencesignal with a narrow
`
`bandwidth with frequency hopping, comprising:
`
`a mapping unit configured to map the reference
`
`signal to a frequency resource, which has the
`
`maps a reference signal to a plurality of frequency
`
`resources in a frequency band, the frequency band
`
`having a variable transmission bandwidth within a
`
`system bandwidth, the variable transmission
`
`bandwidth being provided between control channels
`
`narrow bandwidththatis fixed regardless of
`
`mappedto both ends of the system bandwidth,
`
`variation of the wide bandwidthin a given
`
`wherein each ofthe plurality of frequency resources
`
`system bandwidth, wherein the frequency
`
`is of a fixed bandwidth and the plurality of frequency
`
`resourceis uniformly dispersed in a frequency
`
`resources are uniformly distributed in the frequency
`
`band of the wide bandwidth depending on the
`
`band and a time domain according to the variable
`
`variation of the wide bandwidth; and
`
`transmission bandwidth; and
`
`a transmitting unit configured to transmit the
`
`a transmitter which, in at least the one mode of
`
`mapped referencesignal
`
`Conclusion
`
`1.
`
`Any inquiry concerning this communication or earlier communications from the examiner
`
`should be directed to FAISAL CHOUDHURYwhosetelephone number is (571)270-3001. The examiner
`
`can normally be reached M-F 8AM-6P.M.
`
`

`

`Application/Control Number: 17/035,125
`Art Unit: 2478
`
`Page 10
`
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`
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`
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`
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`
`/FAISAL CHOUDHURY/
`Primary Examiner, Art Unit 2478
`
`