`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMIVHSSIONER FOR PATENTS
`PO. Box 1450
`Alexandria1 Virginia 22313-1450
`wwwusptogov
`
`
`
`
`
`14/352,019
`
`04/15/2014
`
`Hiroaki Sudo
`
`732256.426USPC
`
`9155
`
`Seed IP Law Group LLPflDanasonic
`701 Fifth Avenue, Suite 5400
`Seattle, WA 98104
`
`
`
`
`M I ABDELTIF
`
`ART UNIT
`
`2475
`
`PAPER NUIVIBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`01/12/2017
`
`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):
`
`patentinfo @ seedip.c0m
`
`PTOL—90A (Rev. 04/07)
`
`

`

`
`
`Applicant(s)
`Application No.
` 14/352,019 suoo, HIROAKI
`
`Examiner
`Art Unit
`AIA (First Inventor to File)
`Office Action Summary
`
`ABDELTIF AJID its“ 2475
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING DATE OF
`THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR1. 136( a).
`after SIX () MONTHS from 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) MONTHS from 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, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1 .704(b).
`
`In no event, however, may a reply be timely filed
`
`Status
`
`1)IZI Responsive to communication(s) filed on 09/23/2016.
`El A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2b)|ZI This action is non-final.
`2a)|:l This action is FINAL.
`3)I:I An election was made by the applicant in response to a restriction requirement set forth during the interview on
`
`; the restriction requirement and election have been incorporated into this action.
`
`4)|:| 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 Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`
`5)IZI Claim(s) 12 4 5 8 9 and 11-24 is/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`
`6)I:I Claim(s)
`is/are allowed.
`
`7)|Z| Claim(s) 1 -2-458-9 and 11 -24is/are rejected.
`8)|:I Claim(s)_ is/are objected to.
`
`
`are subject to restriction and/or election requirement.
`9)I:I Claim((s)
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
`
`participating intellectual property office for the corresponding application. For more information, please see
`hit
`:/'/\W¢W.LISI>I‘.0. ovI’ atentS/init events/
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`hI/index.‘s or send an inquiry to PPI-iieedback{®usgtc.00v.
`
`Application Papers
`
`10)I:l The specification is objected to by the Examiner.
`11)I:l The drawing(s) filed on
`is/are: a)I:I accepted or b)I:I 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)I:| Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`a)I:l All
`
`b)|:l Some” c)I:l None of the:
`
`1.I:I Certified copies of the priority documents have been received.
`2.|:l Certified copies of the priority documents have been received in Application No.
`3.|:| Copies of the certified copies of the priority documents have been received in 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)
`
`
`
`3) D Interview Summary (PTO-413)
`1) E Notice of References Cited (PTO-892)
`Paper No(s)/Mai| Date.
`.
`.
`4) I:I Other'
`2) I] InformatIon DIsclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mai| Date
`US. Patent and Trademark Office
`PTOL—326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20170109
`
`

`

`Application/Control Number: 14/352,019
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`Page 2
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`Art Unit: 2475
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`DETAILED ACTION
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`Notice of Pre-AIA or AIA Status
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`1.
`
`The present application is being examined under the pre—AIA first to invent provisions.
`
`Lorin
`
`2.
`
`This office action is response to the application No 14/352019 filed on 04/15/2014, which
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`claims priority to Foreign Priority: JAPAN, Priority #: 2011—246482 filed on 11/10/2011, and
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`national stage entry of PCT/JP2012/006472 filed on 10/10/2012.
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`ReSQonse to Request for Continued Examination (RCE!
`
`3.
`
`Acknowledgment is made of Applicant's submission of Request for Continued
`
`Examination (RCE), dated on 09/23/2016.This communication is considered fully responsive
`
`and sets forth below:
`
`Claim Re 'ections - 35 USC 103
`
`4.
`
`The following is a quotation of pre—AIA 35 USC. 103(a) which forms the basis for all
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`obviousness rejections set forth in this Office action:
`
`(a) A patent may not be obtained though the invention is not identically disclosed or described as set
`forth in section 102 of this title, if the differences between the subject matter sought to be patented and
`the prior art are such that the subject matter as a whole would have been obvious at the time the
`invention was made to a person having ordinary skill in the art to which said subject matter pertains.
`Patentability shall not be negatived by the manner in which the invention was made.
`
`5.
`
`The factual inquiries set forth in Graham v. John Deere C0., 383 US. l, 148 USPQ 459
`
`(1966), that are applied for establishing a background for determining obviousness under pre—
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`AIA 35 USC. 103(a) are summarized as follows:
`
`1. Determining the scope and contents of the prior art.
`
`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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`

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`Application/Control Number: 14/352,019
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`Page 3
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`Art Unit: 2475
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`4. Considering objective evidence present in the application indicating obViousness or
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`nonobViousness.
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`6.
`
`
`Claims1—2 4—5 8—9 11—19 21—22 and 24 are re'ected under
`re—AIA 35 U.S.C. 102 b as
`
`bein antici ated b Sudo WO2010125820A1 . Examiner Note: in this office action Sudo US
`
`2012/0051455 A1 Will be used as its En lish translation for better ma
`
`
`in View of Kawamura
`
`et al (US 2011/0158150 A1}.
`
`Regarding claiml, Sudo teaches a transmission apparatus([0022] FIG. 1 illustrates a
`
`configuration of a transmitting apparatus according to the present embodiment. . ..)
`
`comprising: a generator that generates a transmission rate request signal for each of Whole
`
`frequencies used for a communication with a counterpart([0023] CQ1 generating section 102
`
`generates a CQI that is a control signal representing information for requesting the
`
`transmission rate according to the channel state of transmitting apparatus 100. Here, the
`
`generated CQI is represented by a plurality of bits. Then, CQI generating section 102 outputs
`
`the generated CQI to serial/parallel (S/P) converting section103),
`
`the transmission rate request signal being a signal for requesting a transmission rate for
`
`the each of the Whole frequencies ([0023] CQI generating section 102 generates a CQI that is a
`
`control signal representing information for requesting the transmission rate according to the
`
`channel state of transmitting apparatus] 00. . .) and including a high—order bit and a low—order
`
`bit([0024] . . .S/P converting section 103 divides the converted parallel CQI into upper bits and
`
`lower bits. . .);
`
`a controller that sets, among the Whole frequencies, a first subset of frequencies for which
`
`the high—order bit is transmitted and a second subset of frequencies for which the low—order bit is
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`

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`Application/Control Number: 14/352,019
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`Page 4
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`Art Unit: 2475
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`transmitted([0103] . . .the transmitting apparatus may set the transmission interval of CQI-
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`upper bits and the transmission interval of CQI-lower bits for each sub carrier group. . .the
`
`transmitting apparatus (that is, OFDM transmitting apparatus) may group a plurality of
`
`subcarriers into a plurality of subcarrier groups and set the transmission interval of CQI-
`
`upper bits and the transmission interval of CQI-lower bits for each subcarrier group. . ..),
`
`so that the first subset of frequencies includes fewer frequencies than the second subset of
`
`frequencies([003 7] . . .That is, upper bit transmission control section I 04 sets the frequency of
`
`transmission of CQI -upper bits to be lower than the frequency of transmission of CQI-lower
`
`bits...); and
`
`a transmitter that transmits the high—order bit for the first subset of frequencies and the
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`low—order bit for the second subset of frequencies([0028] ...the CQI upper bits and the CQI-
`
`lower bits are transmitted based on the transmission intervals respectively set by upper bit
`
`transmission control section 104 and lower bit transmission control section 105, respectively),
`
`wherein the first subset of frequencies have a first frequency interval and the second
`
`subset of frequencies have a second frequency interval ([0103] . . .the transmitting apparatus
`
`may set the transmission interval of CQI-upper bits and the transmission interval of CQI-
`
`lower bitsfor each sub carrier group. . .the transmitting apparatus (that is, OFDM transmitting
`
`apparatus) may group a plurality of subcarriers into a plurality of subcarrier groups and set
`
`the transmission interval of CQI-upper bits and the transmission interval of CQI-lower bits for
`
`each subcarrier group. . ..)(examiner note :the transmission interval of CQI-upper bits teaches
`
`a firstfrequency interval; the transmission interval of CQI-lower bits teaches a second
`
`frequency interval).
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`

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`Application/Control Number: 14/352,019
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`Page 5
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`Art Unit: 2475
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`Sudo does not teach a first frequency interval and a second frequency interval on the
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`frequency axis.
`
`However, Kawamura et al (US 2011/0158150 A1) teaches a first frequency interval and a
`
`second frequency interval on the frequency ads ([0067] FIG. 6 shows a manner for
`
`multiplexing pilot signals of each user using the distributed scheme. In the example shown in
`
`the figure, the signal format of the transmission signal (pilot channel) is transformed such
`
`that the transmission signal has signal components distributed at equal intervals on the
`
`frequency axis...)(examiner note: egual intervals on the (reguency axis teaches a first (reguency
`
`interval and a second [reguency interval on the [reguency axis ).
`
`It would have been obvious to one of an ordinary skill in the art at the time the invention
`
`was made to combine Sudo’s teaching by Kawamura‘s teaching to improve Sudo‘s invention, in
`
`order to multiplex pilot signals of each user using the distributed scheme.
`
`Regarding claim2, the combination of Sudo and Kawamura teaches the transmission
`
`apparatus according to claim 1.
`
`Sudo further teaches wherein the controller sets more frequencies to the first subset of
`
`frequencies when a channel condition with the counterpart varies rapidly([0057] Here, When the
`
`rate of channel variation increases (When channel variation is significant), a possibility that
`
`the CQI Willfrequently change is high, and thus transmitting apparatus 200 needs to increase
`
`the frequency of transmission of the CQI by further shortening the transmission interval of
`
`CQl-upper bit...) than when the channel condition varies slowly([0057]...Meanwhile, as the
`
`rate of channel variation decreases (the channel variation is moderate), a possibility that the
`
`CQI Will change less is high. In this case, even though transmitting apparatus 200 reduces the
`
`

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`Application/Control Number: 14/352,019
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`Page 6
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`Art Unit: 2475
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`transmissionfrequency by further making the transmission interval of CQI upper bits
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`longer. . .).
`
`3.
`
`(Canceled)
`
`Regarding claim4, the combination of Sudo and Kawamura teaches the transmission
`
`apparatus according to claim 18,
`
`Sudo further teaches wherein the transmitter transmits information representing for which
`
`frequency both of the high—order bit and the low—order bit are transmitted([0103] . . .the
`
`transmitting apparatus (that is, OFDM transmitting apparatus) may group a plurality of
`
`subcarriers into a plurality of subcarrier groups and set the transmission interval of CQI-
`
`upper bits and the transmission interval of CQI-lower bits for each subcarrier group. . .the
`
`transmitting apparatus independently sets the appropriate transmission interval for each
`
`subcarrier and reduces the amount of CQI information for each subcarrier. . .).
`
`Regarding claims, the combination of Sudo and Kawamura teaches the transmission
`
`apparatus according to claim 1.
`
`Sudo further teaches wherein the controller changes frequencies included in each of the
`
`
`
`first subset of frequencies and the second subset of frequencies so that both of the high—order bit
`
`and the low—order bit are transmitted for all of the frequencies in a specific time period ([0066]
`
`Timing generating section 301 generates information representing timing of the
`
`communication start (a communication start time). Then, timing generating section 3 01
`
`outputs the generated information to upper bit transmission control section 302 and lower bit
`
`transmission control section 303 . . .). .
`
`6.—7. (Canceled)
`
`

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`Application/Control Number: 14/352,019
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`Page 7
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`Art Unit: 2475
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`Regarding claim8, the combination of Sudo and Kawamura teaches the transmission
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`apparatus according to claim 1.
`
`Sudo further teaches further comprising a plurality of antennas([0104]
`
`A transmitting
`
`apparatus (not shown) including a plurality of transmitting antennas..), wherein:
`
`the controller sets the first subset of frequencies and the second subset of frequencies
`
`independently for each of the plurality of antennas([0104]
`
`the transmitting apparatus
`
`independently sets the appropriate transmission intervalfor each transmitting antenna. . .);and
`
`the transmitter transmits the high—order bit and the low—order bit by using each of the plurality of
`
`antennas([0104] . . .The transmitting apparatus may set the transmission interval of CQI-upper
`
`bits to be twice the transmission interval of CQI-lower bits for the transmitting antenna 1 . . .
`
`transmitting apparatus may set the transmission interval of CQI-upper bits to be three times
`
`the transmission interval of CQI-lower bits for the transmitting antenna 2. . .).
`
`Regarding claim9, the combination of Sudo and Kawamura teaches the transmission
`
`apparatus according to claim 1.
`
`Sudo further teaches further comprising a plurality of antennas([0104]
`
`the
`
`transmitting apparatus independently sets the appropriate transmission interval for each
`
`transmitting antenna. . .), wherein:
`
`the controller sets the first subset of frequencies independently for each of the plurality of
`
`antennas([0105]. .. the transmitting apparatus may transmit only CQI-upper bits only for a
`
`certain transmitting antenna ...), and thereby sets a frequency for transmitting all the plurality
`
`of bits; and the transmitter transmits the high—order bit and the low—order bit by using each of the
`
`plurality of antennas([0104] . . .The transmitting apparatus may set the transmission interval of
`
`

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`Application/Control Number: 14/352,019
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`Page 8
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`Art Unit: 2475
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`CQI-upper bits to be twice the transmission interval of CQI-lower bits for the transmitting
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`antenna 1 . . . transmitting apparatus may set the transmission interval of CQI-upper bits to be
`
`three times the transmission interval of CQI-lower bitsfor the transmitting antenna 2. . .).
`
`lO.
`
`(Canceled).
`
`Regarding claimll, the combination of Sudo and Kawamura teaches the transmission
`
`apparatus according to claim 1.
`
`Sudo further teaches which is incorporated in a communication terminal apparatus
`
`([0106] . . .a communication terminal apparatus or a base station apparatus may be used as the
`
`transmitting apparatus according to the present embodiment...).
`
`Regarding claim12, the combination of Sudo and Kawamura teaches the communication
`
`terminal apparatus according to claim ll.
`
`Sudo further teaches which is configured to transmit the transmission rate request signal
`
`to a base station apparatus([0002] . . .considering a technique of transmitting a transmission
`
`rate request signal (referred to as a channel quality indicator (CQI) in the 3GPP standard)
`
`Which is a control signal for requesting setting of a transmission rate from a transmitting
`
`apparatus (for example, a communication terminal apparatus) to a receiving apparatus (for
`
`example, a base station apparatus). . .).
`
`Regarding claim13, Sudo teaches a transmitting method comprising: generating a
`
`transmission rate request signal for each of a set of frequencies used for communication with a
`
`counterpart([0023] CQ1 generating section 102 generates a CQI that is a control signal
`
`representing information for requesting the transmission rate according to the channel state
`
`of transmitting apparatus 100. Here, the generated CQI is represented by a plurality of bits.
`
`

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`Application/Control Number: 14/352,019
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`Page 9
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`Art Unit: 2475
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`Then, CQI generating section 102 outputs the generated CQI to serial/parallel (S/P)
`
`converting section103), the transmission rate request signal being a signal for requesting a
`
`transmission rate for each of the set of frequencies([0023] CQI generating section 102 generates
`
`a CQ1 that is a control signal representing information for requesting the transmission rate
`
`according to the channel state oftransmitting apparatus100. . .), the transmission rate
`
`request signal including a high—order bit and a low—order bit([0024] . . .S/P converting section
`
`I 03 divides the converted parallel CQI into upper bits and lower bits. . .);
`
`setting, among the set of frequencies, a first subset of frequencies for which the high—order bit is
`
`transmitted and a second subset of frequencies for which the low—order bit is transmitted([0103]
`
`Further, with the present invention, the transmitting apparatus may set the transmission
`
`interval of CQI-upper bits and the transmission interval of CQI-lower bits for each sub carrier
`
`group. . .the transmitting apparatus (that is, OFDM transmitting apparatus) may group a
`
`plurality of subcarriers into a plurality of subcarrier groups and set the transmission interval
`
`of CQI-upper bits and the transmission interval of CQI-lower bits for each subcarrier
`
`group....),
`
`the first subset of frequencies including fewer frequencies than the second subset
`
`of frequencies([003 7] As described above, upper bit transmission control section 104 sets the
`
`transmission interval of CQI-upper bits to be longer than the transmission interval of CQI-
`
`lower bits. . .That is, upper bit transmission control section I 04 sets the frequency of
`
`transmission of CQI -upper bits to be lower than the frequency of transmission of CQI-lower
`
`bits. . .); and transmitting the high—order bit for the first subset of frequencies and the low—order
`
`bit for the second subset of frequencies([0028] ...the CQI upper bits and the CQI-lower bits are
`
`

`

`Application/Control Number: 14/352,019
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`Page 10
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`Art Unit: 2475
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`transmitted based on the transmission intervals respectively set by upper bit transmission
`
`control section 104 and lower bit transmission control section 105, respectively),
`
`wherein the first subset of frequencies have a first frequency interval and the second
`
`subset of frequencies have a second frequency interval ([0103] . . .the transmitting apparatus
`
`may set the transmission interval of CQI-upper bits and the transmission interval of CQI-
`
`lower bitsfor each sub carrier group. . .the transmitting apparatus (that is, 0FDM transmitting
`
`apparatus) may group a plurality of subcarriers into a plurality of subcarrier groups and set
`
`the transmission interval of CQI-upper bits and the transmission interval of CQI-lower bits for
`
`each subcarrier group. . ..)(examiner note :the transmission interval of CQI-upper bits teaches
`
`a firstfrequency interval; the transmission interval of CQI-lower bits teaches a second
`
`frequency interval)
`
`Sudo does not teach a first frequency interval and a second frequency interval on the
`
`frequency axis.
`
`However, Kawamura et al (US 2011/0158150 A1) teaches a first frequency interval and a
`
`second frequency interval on the frequency axis ([0067] FIG. 6 shows a manner for
`
`multiplexing pilot signals of each user using the distributed scheme. In the example shown in
`
`the figure, the signal format of the transmission signal (pilot channel) is transformed such
`
`that the transmission signal has signal components distributed at equal intervals on the
`
`frequency axis...)(examiner note: equal intervals on the frequency axis teaches a first frequency
`
`interval and a second frequency interval on the frequency axis ).
`
`It would have been obvious to one of an ordinary skill in the art at the time the invention
`
`was made to combine Sudo’s teaching by Kawamura‘s teaching to improve Sudo‘s invention, in
`
`

`

`Application/Control Number: 14/352,019
`
`Page ll
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`Art Unit: 2475
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`order to multiplex pilot signals of each user using the distributed scheme.
`
`Regarding claim14, the combination of Sudo and Kawamura teaches the transmission
`
`apparatus according to Claim 1.
`
`Sudo further teaches wherein the transmitter transmits, at a timing of starting the
`
`communication, all bits of the transmission rate request signal for all the set of frequencies,
`
`regardless of whether a frequency of the set of frequencies is included in the first subset of
`
`frequencies or the second subset of frequencies ([0073] . . . transmitting apparatus 300 transmits
`
`the upper bits and CQI-lower bits, that is, all bits of the CQI at the communication start time).
`
`Regarding claimlS, the combination of Sudo and Kawamura teaches the transmission
`
`apparatus according to Claim 1,
`
`Sudo further teaches wherein the transmitter transmits the high—order bit for the second
`
`subset of frequencies when specific information is to be transmitted on the second subset of
`
`frequencies ([0050] Transmission time information generating section 203 generates
`
`transmission time information representing Whether or not CQl—upper bits are to be
`
`transmitted at each time of the CQI based on the information representing the transmission
`
`time input from upper bit transmission control section 202. For example, transmission time
`
`information generating section 203 generates one bit (0 or 1) representing the presence and
`
`absence of transmission of CQl-upper bits as the transmission time information. . .).
`
`Regarding claim16, the combination of Sudo and Kawamura teaches the transmission
`
`apparatus according to Claim 1.
`
`Sudo further teaches wherein a highest—order bit of the transmission rate request signal
`
`for a frequency in the second subset of frequencies is changed, the transmitter transmits the high—
`
`

`

`Application/Control Number: 14/352,019
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`Page 12
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`Art Unit: 2475
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`order bit for the frequency in the second subset of frequencies([0057] Here, When the rate of
`
`channel variation increases (When channel variation is significant), a possibility that the CQI
`
`Will frequently change is high, and thus transmitting apparatus 200 needs to increase the
`
`frequency of transmission of the CQI by further shortening the transmission interval of CQI-
`
`upper bits. Meanwhile, as the rate of channel variation decreases (the channel variation is
`
`moderate), a possibility that the CQI Will change less is high. In this case, even though
`
`transmitting apparatus 200 reduces the transmission frequency by further making the
`
`transmission interval of CQI upper bits longer, the receiving apparatus can select the
`
`transmission rate using the accurate CQI).
`
`Regarding claim17, the combination of Sudo and Kawamura teaches the transmission
`
`apparatus according to Claim 1.
`
`Sudo further teaches wherein the first transmission frequency interval is larger than the
`
`second transmission frequency interval ([0037] As described above, upper bit transmission
`
`control section 104 sets the transmission interval of CQI-upper bits to be longer than the
`
`transmission interval of CQI-lower bits. . .That is, upper bit transmission control section 104
`
`sets the frequency of transmission of CQI -upper bits to be lower than the frequency of
`
`transmission of CQI-lower bits...).
`
`Regarding claim18, the combination of Sudo and Kawamura teaches the transmission
`
`apparatus according to Claim 1,
`
`Sudo further teaches wherein: a plurality of frequencies are included in both the first
`
`subset of frequencies and the second subset of frequencies([0062] ...a transmitting apparatus
`
`(that is, OFDM transmitting apparatus) may group a plurality of subcarriers into a plurality of
`
`

`

`Application/Control Number: 14/352,019
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`Page 13
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`Art Unit: 2475
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`subcarrier groups and variably set the transmission interval of CQI-upper bits only for a
`
`certain subcarrier group among the plurality ofsubcarrier groups. . ..a plurality of sub-
`
`carriers of subcarrier numbers] to y are grouped into subcarrier group #1 including
`
`subcarriers of subcarrier numbers 1 to in and subcarrier group #2 including subcarriers of
`
`subcarrier numbers (m+1) to y as illustrated in FIG. 5. . .), and the transmitter transmits both of
`
`the high—order bit and the low—order bit for the plurality of frequencies([00 73] . . . transmitting
`
`apparatus 300 transmits the upper bits and CQI-lower bits, that is, all bits of the CQI at the
`
`communication start time). .
`
`Regarding claim19, the combination of Sudo and Kawamura teaches the transmission
`
`apparatus according to claim 18,
`
`Sudo further teaches wherein the controller changes the frequencies included in the first
`
`subset of frequencies according to timing ([0039] ...among a plurality of bits of a CQI, the
`
`higher the bit is, the less frequently the value changes. That is, the higher a CQI bit is, the
`
`slower a change in a value by channel variation is. For example, the values of the lower two
`
`bits of the CQI illustrated in FIG. 2 are likely to change at the time interval n (for example,
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`between time n and time 211). On the other hand, there is a possibility that the values of the
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`upper three bits of the CQI illustrated in FIG. 2 will change at the time interval 2n (for
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`example, between time n and time 3n)...), thereby varying frequencies for which both the high—
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`order bit and the low—order bit are transmitted ([0030] Values represented by the CQI changes
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`according to the channel state. Further, among a plurality of bits representing the CQI, the
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`higher the bit is, the larger a representable value is. That is, when a CQI-upper bit changes,
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`the amount of change of values represented by the CQI is greater than when a CQI-lower bit
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`changes...).
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`Regarding claim 21, the combination of Sudo and Kawamura teaches the transmission
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`apparatus according to Claim 1,
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`Sudo further teaches wherein the set of frequencies are divided into a plurality of
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`frequency groups ([0062]. . .a transmitting apparatus (that is, OFDM transmitting apparatus)
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`may group a plurality of subcarriers into a plurality of subcarrier groups . . .), and
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`the controller sets the first subset of frequencies and the second subset of frequencies in units of
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`frequency groups([0062] . . .a transmitting apparatus (that is, OFDM transmitting apparatus)
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`may group a plurality of subcarriers into a plurality of subcarrier groups . . .a plurality of sub-
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`carriers of subcarrier numbers] to y are grouped into subcarrier group #1 including
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`subcarriers of subcarrier numbers 1 to in and subcarrier group #2 including subcarriers of
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`subcarrier numbers (m+1) toy as illustrated in FIG. 5...);
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`so that the first subset of frequencies includes fewer frequency groups than the
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`second subset of frequencies([003 7] . . .That is, upper bit transmission control section 104 sets
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`the frequency of transmission of CQI -upper bits to be lower than the frequency of
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`transmission of CQI-lower bits...).
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`Regarding claim 24, the combination of Sudo and Kawamura teaches the transmission
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`apparatus of claim 1.
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`Sudo further teaches wherein the communication is a channel quality indicator (CQI)
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`communication ([0002] . . .considering a technique of transmitting a transmission rate request
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`signal (referred to as a channel quality indicator (CQI) in the 3GPP standard) Which is a
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`control signal for requesting setting of a transmission rate from a transmitting apparatus (for
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`example, a communication terminal apparatus) to a receiving apparatus (for example, a base
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`station apparatus). . .).
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`Regarding claim 22, the combination of Sudo and Kawamura teaches the transmission
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`apparatus of claim 1.
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`Sudo further teaches wherein the first frequency interval is different from the second
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`frequency interva1([003 7] As described above, upper bit transmission control section 104 sets
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`the transmission interval of CQI-upper bits to be longer than the transmission interval of CQI-
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`lower bits. . .That is, upper bit transmission control section I 04 sets the frequency of
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`transmission of CQI -upper bits to be lower than the frequency of transmission of CQI-lower
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`bits...) (examiner note : transmission of CQI—upper bits teaches the first frequency interval;
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`transmission of CQI—lower bits teaches the second frequency interval; transmission of CQI -
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`upper bits to be lower than the frequency of transmission of CQI-l0wer bits teaches the first
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`frequency interval is difi‘erent from the second frequency interval, examiner note , the difference
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`is based on the number of the frequency exited in each interval ) .
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`7.
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`Claim 23 is rejected under pre—AIA 35 U.S.C. 1031a} as being unpatentable over Sudo
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`1WO2010125820A1). (Examiner Note: in this office action, Sudo (US 2012/0051455 A1} will be
`
`
`
`
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`inused as its En lish translation for better ma in view of Kawamura in view of Pa'ukoski et
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`al (US 20060291431 A1 2.
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`Regarding claim 23, the combination of Sudo and Kawamura teaches the transmission
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`apparatus of claim 22.
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`The combination of Sudo and Kawamura teaches does not teach wherein the first
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`frequency interval is every fourth frequency and the second frequency interval is every
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`frequency.
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`However, Pajukoski et al (US 20060291431 A1) teaches wherein the first
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`frequency interval is every fourth frequency (abstract: performing an invertible first
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`transformation of the first signal sequence into a first frequency spectrum in the first
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`frequency interval, the first frequency spectrum consisting of m first frequency samples and
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`the second frequency interval is every frequency (abstract: performing a second
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`transformation of the first frequency spectrum into a second frequency spectrum consisting of
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`n frequency samples. .
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`. .) .
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`It would have been obvious to one of an ordinary skill in the art at the time the invention
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`was made to combine the combination of Sudo and Kawamura teaches’s teaching by Pajukoski‘s
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`teaching to improve Sudo‘s invention, in order to transform the first frequency spectrum into a
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`second frequency spectrum.
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`8.
`
`Claim 20 is rejected under pre—AIA 35 U.S.C. 1031a} as being unpatentable over Sudo
`
`(WO2010125820A1). (Examiner Note: in this office action, Sudo (US 2012/0051455 A1} will be
`
`
`used as its En lish translation for better ma
`in
`in view of Kawamura in view of Hoctor et al
`
`(US 20110183698 A1).
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`Regarding claim20, the combination of Sudo and Kawamura teaches the transmission
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`apparatus according to Claim 1.
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`The combination of Sudo and Kawamura teaches does not teach wherein the controller
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`shifts frequencies to be included in the first subset of frequencies per a predetermined time.
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`However, Hoctor et al (US 20110183698 A1) teaches wherein the controller shifts
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`frequencies to be included in the first subset of frequencies per a predetermined time ([0084]
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`After a predetermined time interval, the network controller 102 circularly shifts the order of
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