`
`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
`
`2478
`
`PAPER NUIVIBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`09/20/2017
`
`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“ 2478
`
`-- 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 04/11/2017.
`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 11-1618-2123 and 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 4-5 8-9 11- 16 18-21 and23-24 is/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/
`
`
`
`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) m 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 20170709
`
`

`

`Application/Control Number: 14/352,019
`
`Page 2
`
`Art Unit: 2478
`
`DETAILED ACTION
`
`Notice of Pre-AIA 0r AIA Status
`
`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
`
`claims priority to Foreign Priority: JAPAN, Priority #: 2011—246482 filed on 11/10/2011, and
`
`national stage entry of PCT/JP2012/006472 filed on 10/10/2012.
`
`Resgonse t0 Amendment
`
`3.
`
`Acknowledgment is made of Applicant's submission of amendment, dated 04/11/2017.
`
`Claims 1—2, 4—5, 8—9, 11—16, 18—21 and 23—24 have been fully considered. 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
`
`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—
`
`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.
`
`3. Resolving the level of ordinary skill in the pertinent art.
`
`

`

`Application/Control Number: 14/352,019
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`Page 3
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`Art Unit: 2478
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`4. Considering objective evidence present in the application indicating obViousness or
`
`nonobViousness.
`
`6.
`
`Claims1—2, 4—5, 8—9,11—16,18—19 ,21 and 24 are rejected by Sudo 1W02010125820A1}.
`
`
`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 Khan US 20070026813 A1 .
`
`Regarding claiml, Sudo teaches a transmission apparatus([0022] FIG. 1 illustrates a
`
`configuration of a transmitting apparatus according to the present embodiment. . ..)
`
`comprising: generation circuitry, which, in operation, generates a transmission rate request signal
`
`for each of whole frequencies used for a communication with a counterpart([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 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 apparatus100. . .) and 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. . .);
`
`control circuitry, which, in operation, 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 transmitted([0103] . . .the transmitting apparatus may set the
`
`

`

`Application/Control Number: 14/352,019
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`Page 4
`
`Art Unit: 2478
`
`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....), 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 104
`
`sets the frequency of transmission of CQI -upper bits to be lower than the frequency of
`
`transmission of CQI-lower bits...); and
`
`transmission circuitry, which, in operation, transmits 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 transmitted based on the transmission intervals
`
`respectively set by upper bit transmission control section 104 and lower bit transmission
`
`control section 105, respectively),
`
`a length of the first, transmission frequency interval is longer than a length of 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 bit ...)(examiner note :the transmission interval of CQI-upper bits teaches
`
`a first frequency interval; the transmission interval of CQI-lower bits teaches a second frequency
`
`interval).
`
`Sudo does not teach wherein the first subset of frequencies have a first frequency interval
`
`and the second subset of frequencies have a second frequency interval the frequency axis.
`
`However, Khan (US 20070026813 A1) teaches wherein the first subset of frequencies
`
`

`

`Application/Control Number: 14/352,019
`
`Page 5
`
`Art Unit: 2478
`
`have a first frequency interval and the second subset of frequencies have a second frequency
`
`interval the frequency axis ([0038] In aeeere’anee with the yrineiples ef the present diseiesere,
`
`SS 1 15’ and SS 156 measure ene er mere parameters efthe received dewniink signais and
`
`report channel gueiity indieater(CQ1) date back t0 BS 1992. BS I02 uses this ehemzei gammy
`
`feedback irriermetien in Schedule SS 325 and SS H6 to receive in certain subbends, In the
`
`exempie in F953. 3, SS I! 16 is sehedeied en seirbands SB}, 882,. $36,, SB? and S38, where the
`
`channel quality fer SS 116 is beeter than the ehmmei queiityfer SS 115° S 115 is seheduied 011
`
`sub‘benés $33, 384 and 8:85} (examiner mete: subbendsSR3‘38hndSBS teaches mgr-1g;
`
`
`
`
`subset of free ueneies have a first fre uencv interval; .wblmnds SB :7 582 886 SB? and 838
`
`
`
`teaches the second subset of fre uencies have a second fre uencv intervafi);
`
`{See figs. 3, wherein it teaches (subbemis $33, 334- end 385) and (subbamis $31, S82, S86,
`
`SE57 and 888) have different iengths in frequeney axis)
`
`

`

`Application/Control Number: 14/352,019
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`Page 6
`
`Art Unit: 2478
`
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`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 Khan‘s teaching to improve Sudo‘s invention, in order
`
`to schedule subscriber station into separate frequency such that they do not interfere with one
`
`another.
`
`Regarding claim2, the combination of Sudo and Khan teaches the transmission
`
`apparatus according to claim 1.
`
`Sudo further teaches wherein the control circuitry, in operation, sets more frequencies to
`
`the first subset of frequencies when a channel condition with the counterpart varies
`
`

`

`Application/Control Number: 14/352,019
`
`Page 7
`
`Art Unit: 2478
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`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([005 7]. . .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...).
`
`3.
`
`(Canceled)
`
`Regarding claim4, the combination of Sudo and Khan teaches the transmission
`
`apparatus according to claim 18,
`
`Sudo further teaches wherein the transmission circuitry, in operation,
`
`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 Khan teaches the transmission
`
`apparatus according to claim 1.
`
`Sudo further teaches wherein control circuitry, in operation, changes frequencies included
`
`in each of the first subset of frequencies and the second subset of frequencies so that both of the
`
`

`

`Application/Control Number: 14/352,019
`
`Page 8
`
`Art Unit: 2478
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`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)
`
`Regarding claim8, the combination of Sudo and Khan teaches the transmission
`
`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 control circuitry, in operation, 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 interval for each transmitting
`
`antenna...);and
`
`the transmission circuitry, in operation,
`
`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 Khan teaches the transmission
`
`apparatus according to claim 1.
`
`

`

`Application/Control Number: 14/352,019
`
`Page 9
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`Art Unit: 2478
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`Sudo further teaches further comprising a plurality of antennas([0104]. . . the
`
`transmitting apparatus independently sets the appropriate transmission interval for each
`
`transmitting antenna. . .), wherein:
`
`control circuitry, in operation, 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 transmission circuitry, in operation, 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. . .).
`
`lO.
`
`(Canceled).
`
`Regarding claimll, the combination of Sudo and Khan 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 Khan 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
`
`

`

`Application/Control Number: 14/352,019
`
`Page 10
`
`Art Unit: 2478
`
`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.
`
`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 of transmitting apparatus] 00. . .), the transmission rate
`
`request signal 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. . .);
`
`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
`
`

`

`Application/Control Number: 14/352,019
`
`Page ll
`
`Art Unit: 2478
`
`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
`
`transmitted based on the transmission intervals respectively set by upper bit transmission
`
`control section 104 and lower bit transmission control section 105, respectively),
`
`a length of the first, transmission frequency interval is longer than a length of 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. . .)(examiner note :the transmission interval of CQI-upper bits
`
`teaches a first frequency interval; the transmission interval of CQI-lower bits teaches a second
`
`frequency interval);
`
`Sudo does not teach wherein the first subset of frequencies have a first frequency interval and the
`
`second subset of frequencies have a second frequency interval the frequency axis.
`
`However, Khan (US 20070026813 A1) teaches wherein the first subset of frequencies
`
`have a first frequency interval and the second subset of frequencies have a second frequency
`
`interval the frequency axis ([0038] In accordance with the principles ofthe present disclosure,
`
`

`

`Application/Control Number: 14/352,019
`
`Page 12
`
`Art Unit: 2478
`
`SS 325 and 58 H6 measure mm W mare parameterx Qj’the rewivgd downiink signak and
`
`Rpm“: chairmei quaiifiv indicatar (Cg!) data back 30 BS 1992‘, 38 19:12 uses; this; (rimmed quality
`
`feetibzzck injbrmatian t0 scheduie SS H5 and SS 116 m receive in wrtain subizands. In 23%
`
`gxampie. in Fifi 3, SS 136 is sciwduied m2 .mifibands SB], 5782, $336, SB7 and 588, when: the
`
`channel qualiiyjbr $57 2' 16 is better than the chmmei quaiiiyjbr SS I '15", S 115 is scheduied (m
`
`
`subbamis $83, $84 and $85) (examiner mate: subbands $133 $134 and $85 teaches the first
`
`
`subsezt of fre: umcies have a first, frag uenc ' intervai; subbands SB] 582 536. SB 7 and 5138
`
`
`
`..................................................................................................................................................................
`
`(See fig. 39 thein it teaches {subbamis $83, $34 and $35} and (subbands SBl, SB2, SB6,
`
`SB7 and SB8) have different Eengths in frequency axis)
`
`

`

`Application/Control Number: 14/352,019
`
`Page 13
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`Art Unit: 2478
`
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`Fifi. 3
`
`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 Sudo’s teaching by Khan‘s teaching to improve Sudo‘s invention, in order
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`to schedule subscriber station into separate frequency such that they do not interfere with one
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`another.
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`Regarding claim14, the combination of Sudo and Khan Kawamura teaches the
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`transmission apparatus according to Claim 1.
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`Sudo further teaches wherein the transmission circuitry, in operation, transmits, at a
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`timing of starting the communication, all bits of the transmission rate request signal for all the set
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`of frequencies, regardless of whether a frequency of the set of frequencies is included in the first
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`

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`Application/Control Number: 14/352,019
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`Page 14
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`Art Unit: 2478
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`subset of frequencies or the second subset of frequencies ([0073]... transmitting apparatus 300
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`transmits the upper bits and CQI-lower bits, that is, all bits of the CQI at the communication
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`start time).
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`Regarding claimlS, the combination of Sudo and Khan teaches the transmission
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`apparatus according to Claim 1,
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`Sudo further teaches wherein the transmission circuitry, in operation,
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`transmits the high—
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`order bit for the second subset of frequencies when specific information is to be transmitted on
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`the second subset of frequencies ([0050] Transmission time information generating section 203
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`generates transmission time information representing Whether or not CQl-upper bits are to be
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`transmitted at each time of the CQI based on the information representing the transmission
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`time input from upper bit transmission control section 202. For example, transmission time
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`information generating section 203 generates one bit (0 or 1) representing the presence and
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`absence of transmission of CQl-upper bits as the transmission time information. . .).
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`Regarding claim16, the combination of Sudo and Khan teaches the transmission
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`apparatus according to Claim 1.
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`Sudo further teaches wherein when a highest—order bit of the transmission rate request
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`signal for a frequency in the second subset of frequencies is changed, the transmission circuitry,
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`in operation,
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`transmits the high—order bit for the frequency in the second subset of
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`frequencies([0057] Here, When the rate of channel variation increases (When channel
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`variation is significant), a possibility that the CQI Will frequently change is high, and thus
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`transmitting apparatus 200 needs to increase the frequency of transmission of the CQI by
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`further shortening the transmission interval of CQI-upper bits. Meanwhile, as the rate of
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`

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`Application/Control Number: 14/352,019
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`Page 15
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`Art Unit: 2478
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`channel variation decreases (the channel variation is moderate), a possibility that the CQI
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`Will change less is high. In this case, even though transmitting apparatus 200 reduces the
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`transmission frequency by further making the transmission interval of CQI upper bits longer,
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`the receiving apparatus can select the transmission rate using the accurate CQI).
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`17.
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`(Canceled)
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`Regarding claim18, the combination of Sudo and Khan teaches the transmission
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`apparatus according to Claim 1,
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`Sudo further teaches wherein: a plurality of frequencies are included in both the first
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`subset of frequencies and the second subset of frequencies([0062] ...a transmitting apparatus
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`(that is, OFDM transmitting apparatus) may group a plurality of subcarriers into a plurality of
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`subcarrier groups and variably set the transmission interval of CQI-upper bits only for a
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`certain subcarrier group among the plurality ofsubcarrier groups. . ..a plurality ofsub-
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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) to y as illustrated in FIG. 5...), and the transmission circuitry, in
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`operation, transmits both of the high—order bit and the low—order bit for the plurality of
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`frequencies([00 73]. . . transmitting apparatus 300 transmits the upper bits and CQI-lower bits,
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`that is, all bits of the CQI at the communication start time)..
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`Regarding claim19, the combination of Sudo and Khan teaches the transmission
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`apparatus according to claim 18.
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`Sudo further teaches wherein the control circuitry, in operation, changes the frequencies
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`included in the first subset of frequencies according to timing ([0039] ...among a plurality of
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`

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`Application/Control Number: 14/352,019
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`Page 16
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`Art Unit: 2478
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`bits of a CQI, the higher the bit is, the less frequently the value changes. That is, the higher a
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`CQI bit is, the slower a change in a value by channel variation is. For example, the values of
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`the lower two bits of the CQI illustrated in FIG. 2 are likely to change at the time interval n
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`(for example, between time n and time 211). On the other hand, there is a possibility that the
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`values of the upper three bits of the CQI illustrated in FIG. 2 will change at the time interval
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`2n (for example, between time n and time 3n)...), thereby varying frequencies for which both
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`the high—order bit and the low—order bit are transmitted ([0030] Values represented by the CQI
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`changes according to the channel state. Further, among a plurality of bits representing the
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`CQI, the higher the bit is, the larger a representable value is. That is, when a CQI-upper bit
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`changes, the amount of change of values represented by the CQI is greater than when a CQI-
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`lower bit changes. . .).
`
`Regarding claim 21, the combination of Sudo and Khan 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 ofsubcarriers into a plurality ofsubcarrier groups . . .), and
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`the control circuitry, in operation, sets the first subset of frequencies and the second subset of
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`frequencies in units of frequency groups([0062] ...a transmitting apparatus (that is, OFDM
`
`transmitting apparatus) may group a plurality of subcarriers into a plurality of subcarrier
`
`groups . . .a plurality ofsub-carriers of subcarrier numbersI to y are grouped into subcarrier
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`group #1 including subcarriers of subcarrier numbers I to in and subcarrier group #2
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`including subcarriers ofsubcarrier numbers (m+I) to y as illustrated in FIG. 5...);
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`Page 17
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`Art Unit: 2478
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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...).
`
`22.
`
`(Canceled)
`
`Regarding claim 24, the combination of Sudo and Khan 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 (CQ1) 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). . .).
`
`Regarding claim 23, the combination of Sudo and Khan teaches the transmission
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`apparatus of claim 1.
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`Sudo does not teach wherein the first frequency interval is every fourth frequency and the
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`second frequency interval is every frequency.
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`However, Khan (US 20070026813 A1) teaches wherein the first frequency interval is every
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`fourth frequency and the second frequency interval is every frequency ([0038] In accordance
`
`with the principles aj'the present disclosure, SS 13$ and SS 116 measnre ane or more
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`parameters oj’the received downiink signals and report channel quality indicate!“ (6Q!) data
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`back to SS 102. ES 102 uses this channel quaiityfeedhach infarmatian ta schedule SS 1’ 1’5
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`

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`Application/Control Number: 14/352,019
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`Page 18
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`Art Unit: 2478
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`and SS ,3 M in rewive in certain subbands’. In the example in F1G. 3, SS 326 is schednied 0n
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`snifiimnds $31, $82, 386, S87 and 838. whnm the channei quaiityfnr SS 116 is {miter than
`
`thg channel quality far SS 1151, S 115 is scheduleai 0n snbhnnds 8333, 384 31183: $35)
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`(examiner nnte (as ‘bmndiy intergrei; : suands‘sfi'éflB/iandfiB‘S teaches _t_jr_1_§_:___,{ii__1_'§§
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