UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 2231371450
`www.uspto.gov
`
`14/383,021
`
`09/04/2014
`
`Tadashi Yoshida
`
`733456.500USPC
`
`4916
`
`Seed IP Law Group LLP/Panason1e (PIPCA)
`701 5th Avenue, Suite 5400
`Seattle, WA 98104
`
`AHMED” ABDULLAHI
`
`ART UNIT
`
`2472
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`11/02/2018
`
`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):
`US PTOeACtion @ SeedIP .Com
`
`pairlinkdktg @ seedip .eom
`
`PTOL-90A (Rev. 04/07)
`
`

`

`Off/09 A0170” Summary
`
`Application No.
`14/383,021
`Examiner
`ABDULLAHI AHMED
`
`Applicant(s)
`Yoshida et al.
`Art Unit
`2472
`
`AIA Status
`No
`
`- The MAILING DA TE of this communication appears on the cover sheet wit/7 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 CFR 1.136(a). In no event, however, may a reply be timely filed
`after SIX (6) MONTHS from the mailing date of this communication.
`|f 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).
`
`Status
`
`1). Responsive to communication(s) filed on 05 July 2018.
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2a). This action is FINAL.
`
`2b) C] This action is non-final.
`
`3)[:] 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 Expat/7e Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`5)
`Claim(s)
`
`1—13 is/are pending in the application.
`
`5a) Of the above claim(s)
`
`is/are withdrawn from consideration.
`
`E] Claim(s)
`
`is/are allowed.
`
`Claim(s) fl is/are rejected.
`
`[:1 Claim(s) _ is/are objected to.
`
`) ) ) )
`
`6 7
`
`8
`
`
`
`are subject to restriction and/or election requirement
`[j Claim(s)
`9
`* If any claims have been determined aflowabte. 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
`
`http://www.uspto.gov/patents/init events/pph/index.jsp or send an inquiry to PPeredback@uspto.gov.
`
`Application Papers
`10)[:] The specification is objected to by the Examiner.
`
`11). The drawing(s) filed on 04 September 2014 is/are: a). accepted or b)D 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:
`
`a). All
`
`b)D Some”
`
`C)D None of the:
`
`1..
`
`Certified copies of the priority documents have been received.
`
`2.[:]
`
`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)
`
`1) C] Notice of References Cited (PTO-892)
`
`2) E] Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date_
`U.S. Patent and Trademark Office
`
`3) C] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) CI Other-
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20181018
`
`

`

`Application/Control Number: 14/383,021
`Art Unit: 2472
`
`Page 2
`
`DETAILED ACTION
`
`The Amendment filed 07/05/2018 has been entered.
`
`Claims 1-13 are pending.
`
`Claims 1-13 are rejected.
`
`1.
`
`2.
`
`3.
`
`Claim Rejections - 35 USC § 103
`
`4.
`
`The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections
`
`set forth in this Office action:
`
`A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is
`not identically disclosed as set forth in section 102 of this title, if the differences between the claimed
`invention and the prior art are such that the claimed invention as a whole would have been obvious
`before the effective filing date of the claimed invention to a person having ordinary skill in the art to
`which the claimed invention pertains. Patentability shall not be negated by the manner in which the
`invention was made.
`
`5.
`
`The factual inquiries set forth in Graham v. John Deere C0,, 383 U.S. 1, 148 USPQ 459 (1966),
`
`that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 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.
`
`4. Considering objective evidence present in the application indicating obviousness or
`
`nonobviousness.
`
`6.
`
`Claims 1, 6, 7, 9 and 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over Qu et al.
`
`(US Publication 2013/0083769) in view of Frenne et al. (US Publication 2014/0050159).
`
`With respect to claim 1, Qu teaches A transmission apparatus comprising: control circuitry, which
`
`in operation, selects one of a first antenna port pair and a second antenna port pair, (Paragraph 43,
`
`Port pair 7 and 8 and Port pair 9 and 10 are selected) the first antenna port pair being an antenna port
`
`

`

`Application/Control Number: 14/383,021
`Art Unit: 2472
`
`Page 3
`
`pair in which the reference signals are not mutually code-multiplexed and in which power boosting is
`
`applied to the reference signals (Paragraph 74, antenna port pair are not code multiplex since the
`
`resources of the reference signal don’t overlap) the second antenna port pair being an antenna port
`
`pair in which the reference signals are code-multiplexed; and in which power boosting is applied to
`
`the reference signals (Paragraph 68 and 73, if reference signal is transmitted using the same Resource
`
`elements would cause zero power problem at the UE, which would inhibit channel estimation by the UE,
`
`in order to avoid the zero problem rule at different technique is applied. first technique DMRS
`
`corresponding to antenna port 7 and 8 are code-multiplexed since reference signals spans Common Res)
`
`and
`
`a transmission circuitry, couhied tcs the ccsntmi circuitry, which, in csneratioh, transmits the
`
`reference signais from the seiectetfi antenna pert pair, (Paragraph 68, 69, and 74, reference signals is
`
`transmitted based on which ports are configured)
`
`Qu doesn’t teach selects one of a first antenna port pair and a second antenna port pair, based on
`
`reception quality calculated by a communication partner apparatus, wherein the first antenna port,
`
`pair is selected when the reception quality does not satisfy a reception quality criteria based on one
`
`or more reference values and second antenna port pair is selected when the reception quality satisfies
`
`the reception quality criteria.
`
`Frenne teaches selects one of a first antenna port pair and a second antenna port pair, based on
`
`reception quality calculated by a communication partner apparatus, wherein the first antenna port,
`
`pair is selected when the reception quality does not satisfy a reception quality criteria based on one
`
`or more reference values and second antenna port pair is selected when the reception quality satisfies
`
`the reception quality criteria. (Paragraph 84 and 131, the eNB decides on which antenna port pair to be
`
`used based on the downlink channel quality to assure robust reception.
`
`If the channel quality is poor, a
`
`first antenna port pair is chosen. A second antenna port pair is used when the channel quality is met.)
`
`

`

`Application/Control Number: 14/383,021
`Art Unit: 2472
`
`Page 4
`
`Thus it would have been obvious to one of ordinary skill in the art at the time of the invention to
`
`implement Configure antenna ports of Qu with channel quality as taught by Frenne. The motivation for
`
`combining Qu and Frenne is to be able to configure antenna port based on channel quality feedback
`
`instead assuming channel quality.
`
`With respect to claim 6, Qu teaches one of the first antenna port pair and the second antenna
`
`port pair is associated with each of a plurality of resources allocatable to the reception apparatus;
`
`and the configuration section configures one of the first antenna port pair and the second antenna
`
`port pair as the two antenna ports, (Paragraph 44, antenna port 7 and 8 and antenna port 7 and 9 are
`
`configured. If the same Resource elements are used for reference signal transmission which would cause
`
`zero power problem (reception quality) would require to use first antenna port or second antenna port.)
`
`Qu doesn’t teach the one of the first and the second antenna port being associated with a
`
`resource allocated based on the reception quality of the communication partner.
`
`Frenne teaches the one of the first and the second antenna port being associated with a resource
`
`allocated based on the reception quality of the communication partner apparatus. (Paragraph 131,
`
`antenna transmission mode determination unit 1120 selects an antenna port (used for the single-
`
`antenna transmission mode) having a higher average value of Wideband CQI, for example if the first
`
`port doesn’t satisfy then another port is used.)
`
`Thus it would have been obvious to one of ordinary skill in the art at the time of the invention to
`
`implement Configure antenna ports of Qu with channel quality as taught by Frenne. The motivation for
`
`combining Qu and Frenne is to be able to configure antenna port based on channel quality feedback
`
`instead assuming channel quality.
`
`With respect to claim 7, Qu teaches the first antenna port pair or the second antenna port pair is
`
`associated with each of a plurality of component earners allocatable to the reception apparatus; and
`
`the control section selects one of the first antenna port pair and the second antenna port pair as the
`
`

`

`Application/Control Number: 14/383,021
`Art Unit: 2472
`
`Page 5
`
`two antenna ports, (Paragraph 44, 68, 69, and 74, antenna port 7 and 8 and antenna port 7 and 9 are
`
`configured. If the same Resource elements are used for reference signal transmission which would cause
`
`zero power problem (reception quality) would require to use first antenna port or second antenna port.
`
`Antenna port are associated with component carrier)
`
`Qu doesn’t teach the one of the first and the second antenna port being associated with a
`
`resource allocated based on the reception quality of the communication partner apparatus.
`
`Frenne teaches the one of the first and the second antenna port being associated with a resource
`
`allocated based on the reception quality of the communication partner apparatus. (Paragraph 131,
`
`antenna transmission mode determination unit 1120 selects an antenna port (used for the single-
`
`antenna transmission mode) having a higher average value of Wideband CQI, for example if the first
`
`port doesn’t satisfy then another port is used.)
`
`Thus it would have been obvious to one of ordinary skill in the art at the time of the invention to
`
`implement Configure antenna ports of Qu with channel quality as taught by Frenne. The motivation for
`
`combining Qu and Frenne is to be able to configure antenna port based on channel quality feedback
`
`instead assuming channel quality.
`
`With respect to claim 9, Qu teaches the configuration section configures the first antenna port
`
`pair and second antenna port pair (Paragraph 44, 68, 69, and 74, antenna port 7 and 8 and antenna
`
`port pair 7 and 9 are configured)
`
`Qu doesn’t teach the configuration section configures the first antenna port when the reception
`
`apparatus is configured with a first allocation method that allocates signals in a distributed manner in
`
`a frequency domain and configures the second antenna port when the reception apparatus is
`
`configured with a second allocation method that allocates signals in a localized manner in a frequency
`
`domain.
`
`

`

`Application/Control Number: 14/383,021
`Art Unit: 2472
`
`Page 6
`
`Frenne teaches the configuration section configures the first antenna port when the reception
`
`apparatus is configured with a first allocation method that allocates signals in a distributed manner in
`
`a frequency domain and configures the second antenna port when the reception apparatus is
`
`configured with a second allocation method that allocates signals in a localized manner in a frequency
`
`domain. (Paragraph 75, The transmitting node first determines whether to transmit the downlink
`
`control channel using localized or distributed transmission in frequency domain. Responsive to
`
`determining to use localized transmission, the transmitting node performs the transmission such that all
`
`resource element groups in the set that are comprised in the same block of resources are mapped to the
`
`same antenna port, and the antenna port depends on which subset of resource element groups in the
`
`block of resources are used for the downlink control channel..)
`
`Thus it would have been obvious to one of ordinary skill in the art at the time of the invention to
`
`implement Configure antenna ports of Qu with channel quality as taught by Frenne. The motivation for
`
`combining Qu and Frenne is to be able to configure antenna port based on channel quality feedback
`
`instead assuming channel quality.
`
`With respect to claim 11, Qu teaches A reception apparatus comprising:
`
`reception circuitry, which, in operation, receives reference signals transmitted using a selected
`
`pair of antenna ports among a plurality of antenna ports included in a control circuitry, coupled to the
`
`reception circuitry, wherein the control circuitry (Paragraph 43, Port pair 7 and 8 and Port pair 9 and 10
`
`are configured) and
`
`a control signal processing section that identifies one of a first antenna port pair and a second
`
`antenna port pair as the two antenna ports and that demodulates a control signal using reference
`
`signals in the identified two antenna ports, the first antenna port pair being an antenna port pair in
`
`which the reference signals are not mutually code-multiplexed, in which power boosting is applied to
`
`the reference signals (Paragraph 74, antenna port pair are not code multiplex since the resources of the
`
`

`

`Application/Control Number: 14/383,021
`Art Unit: 2472
`
`Page 7
`
`reference signal don’t overlap) the second antenna port pair being an antenna port pair in which the
`
`reference signals are code-multiplexed; and in which power boosting is applied to the reference
`
`signals (Paragraph 68 and 73, if reference signal is transmitted using the same Resource elements would
`
`cause zero power problem at the UE, which would inhibit channel estimation by the UE, in order to
`
`avoid the zero problem rule at different technique is applied. first technique DMRS corresponding to
`
`antenna port 7 and 8 are code-multiplexed since reference signals spans Common Res) and
`
`Qu doesn’t teach selects one of a first antenna port pair and a second antenna port pair, based on
`
`reception quality calculated by a communication partner apparatus, wherein the first antenna port,
`
`pair is selected when the reception quality does not satisfy a reception quality criteria based on one
`
`or more reference values and second antenna port pair is selected when the reception quality satisfies
`
`the reception quality criteria.
`
`Frenne teaches selects one of a first antenna port pair and a second antenna port pair, based on
`
`reception quality calculated by a communication partner apparatus, wherein the first antenna port,
`
`pair is selected when the reception quality does not satisfy a reception quality criteria based on one
`
`or more reference values and second antenna port pair is selected when the reception quality satisfies
`
`the reception quality criteria. (Paragraph 84 and 131, the eNB decides on which antenna port pair to be
`
`used based on the downlink channel quality to assure robust reception.
`
`If the channel quality is poor, a
`
`first antenna port pair is chosen. A second antenna port pair is used when the channel quality is met.)
`
`Thus it would have been obvious to one of ordinary skill in the art at the time of the invention to
`
`implement Configure antenna ports of Qu with channel quality as taught by Frenne. The motivation for
`
`combining Qu and Frenne is to be able to configure antenna port based on channel quality feedback
`
`instead assuming channel quality.
`
`With respect to claim 12, Qu teaches A transmission method for transmitting reference signals to
`
`a reception apparatus using two antenna ports, the transmission method comprising:
`
`

`

`Application/Control Number: 14/383,021
`Art Unit: 2472
`
`Page 8
`
`configuring one of a first antenna port pair and a second antenna port pair as the two antenna
`
`ports, in which power boosting is applied to the reference signals (Paragraph 74, antenna port pair are
`
`not code multiplex since the resources of the reference signal don’t overlap) the second antenna port
`
`pair being an antenna port pair in which the reference signals are code-multiplexed; and in which
`
`power boosting is applied to the reference signals (Paragraph 68 and 73, if reference signal is
`
`transmitted using the same Resource elements would cause zero power problem at the UE, which
`
`would inhibit channel estimation by the UE, in order to avoid the zero problem rule at different
`
`technique is applied. first technique DMRS corresponding to antenna port 7 and 8 are code-multiplexed
`
`since reference signals spans Common Res) and
`
`a transmission circuitry, which, in eperatien, transmits the reference signals imrn the
`
`selected antenna port pair, (Paragraph 68, 69, and 74, reference signals is transmitted based on which
`
`ports are configured)
`
`Qu doesn’t teach selects one of a first antenna port pair and a second antenna port pair, based on
`
`reception quality calculated by a communication partner apparatus, wherein the first antenna port,
`
`pair is selected when the reception quality does not satisfy a reception quality criteria based on one
`
`or more reference values and second antenna port pair is selected when the reception quality satisfies
`
`the reception quality criteria.
`
`Frenne teaches selects one of a first antenna port pair and a second antenna port pair, based on
`
`reception quality calculated by a communication partner apparatus, wherein the first antenna port,
`
`pair is selected when the reception quality does not satisfy a reception quality criteria based on one
`
`or more reference values and second antenna port pair is selected when the reception quality satisfies
`
`the reception quality criteria. (Paragraph 84 and 131, the eNB decides on which antenna port pair to be
`
`used based on the downlink channel quality to assure robust reception.
`
`If the channel quality is poor, a
`
`first antenna port pair is chosen. A second antenna port pair is used when the channel quality is met.)
`
`

`

`Application/Control Number: 14/383,021
`Art Unit: 2472
`
`Page 9
`
`Thus it would have been obvious to one of ordinary skill in the art at the time of the invention to
`
`implement Configure antenna ports of Qu with channel quality as taught by Frenne. The motivation for
`
`combining Qu and Frenne is to be able to configure antenna port based on channel quality feedback
`
`instead assuming channel quality.
`
`With respect to claim 13, Qu teaches A reception method comprising:
`
`receiving reference signals transmitted using two antenna ports among a plurality of antenna
`
`ports included in a transmission apparatus; (Paragraph 68, 69, and 74, reference signals is transmitted
`
`based on which ports are configured) and
`
`identifying one of a first antenna port pair and a second antenna port pair as the two antenna
`
`ports and demodulating a control signal using reference signals in the identified two antenna ports,
`
`the first antenna port pair being an antenna port pair in which the reference signals are not mutually
`
`code-multiplexed, in which power boosting is applied to the reference signals (Paragraph 74, antenna
`
`port pair are not code multiplex since the resources of the reference signal don’t overlap) the second
`
`antenna port pair being an antenna port pair in which the reference signals are code-multiplexed; and
`
`in which power boosting is applied to the reference signals (Paragraph 68 and 73, if reference signal is
`
`transmitted using the same Resource elements would cause zero power problem at the UE, which
`
`would inhibit channel estimation by the UE, in order to avoid the zero problem rule at different
`
`technique is applied. first technique DMRS corresponding to antenna port 7 and 8 are code-multiplexed
`
`since reference signals spans Common Res) and
`
`Qu doesn’t teach selects one of a first antenna port pair and a second antenna port pair, based on
`
`reception quality calculated by a communication partner apparatus, wherein the first antenna port,
`
`pair is selected when the reception quality does not satisfy a reception quality criteria based on one
`
`or more reference values and second antenna port pair is selected when the reception quality satisfies
`
`the reception quality criteria.
`
`

`

`Application/Control Number: 14/383,021
`Art Unit: 2472
`
`Page 10
`
`Frenne teaches selects one of a first antenna port pair and a second antenna port pair, based on
`
`reception quality calculated by a communication partner apparatus, wherein the first antenna port,
`
`pair is selected when the reception quality does not satisfy a reception quality criteria based on one
`
`or more reference values and second antenna port pair is selected when the reception quality satisfies
`
`the reception quality criteria. (Paragraph 84 and 131, the eNB decides on which antenna port pair to be
`
`used based on the downlink channel quality to assure robust reception.
`
`If the channel quality is poor, a
`
`first antenna port pair is chosen. A second antenna port pair is used when the channel quality is met.)
`
`Thus it would have been obvious to one of ordinary skill in the art at the time of the invention to
`
`implement Configure antenna ports of Qu with channel quality as taught by Frenne. The motivation for
`
`combining Qu and Frenne is to be able to configure antenna port based on channel quality feedback
`
`instead assuming channel quality.
`
`7.
`
`Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Qu et al. (US Publication
`
`2013/0083769) in view of Frenne et al. (US Publication 2014/0050159) further in view of Marinier et al.
`
`(US Publication 2013/0039284)
`
`With respect to claim 2, Qu teaches the configuration section configures the first antenna port
`
`pair as the selected antenna port and configures the second antenna port pair, (Paragraph 44, 68, 69,
`
`and 74, antenna port 7 and 8 and antenna port 7 and 9 are configured) however doesn’t teach the
`
`configuration is based on when an aggregation level configured in the reception apparatus is equal to
`
`or greater than a threshold and the aggregation level is less than the threshold.
`
`Marinier teaches configuring transmission based on when an aggregation level configured in the
`
`reception apparatus is equal to or greater than a threshold and the aggregation level is less than the
`
`threshold aggregation level. (Paragraph 194, number of layers used for transmission is determined
`
`based on the aggregation level. If the aggregation level is above the threshold, transmission over
`
`

`

`Application/Control Number: 14/383,021
`Art Unit: 2472
`
`Page 11
`
`multiple layers is selected and if the aggregation level is below threshold, and transmission over signal
`
`layer is applied)
`
`Thus it would have been obvious to one of ordinary skill in the art at the time of the invention to
`
`implement Configure antenna ports of Qu and Frenne with determined the aggregation level as taught
`
`by Marinier. The motivation for combining Qu, Frenne and Marinier is to be able to achieve transmission
`
`diversity.
`
`8.
`
`Claims 3 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Qu et al. (US
`
`Publication 2013/0083769) in view of Frenne et al. (US Publication 2014/0050159) further in view of Kim
`
`et al. (US Publication 2009/0316807)
`
`With respect to claim 3, Qu teaches the configuration section configures the first antenna port
`
`pair and configures the second antenna port pair, (Paragraph 44, 68, 69, and 74, antenna port 7 and 8
`
`and antenna port 7 and 9 are configured) however doesn’t teach the configuration is based on the
`
`reception quality is more favorable when a higher CQI value is reported from the reception apparatus;
`
`and when the CQI value is less than a threshold and when the CQI value is equal to or greater than
`
`the threshold.
`
`Kim teaches the reception quality is more favorable when a higher CQI value is reported from the
`
`reception apparatus; and when the CQI value is less than a threshold and when the CQI value is equal
`
`to or greater than the threshold CQI. (Paragraph 53, antenna combination is selected based on CQI
`
`value being less than or greater than the threshold)
`
`Thus it would have been obvious to one of ordinary skill in the art at the time of the invention to
`
`implement Configure antenna ports of Qu, Frenne with determined CQI level as taught by Kim. The
`
`motivation for combining Qu, Frenne and Kim is to be able to select favorable antenna ports.
`
`With respect to claim 4, Qu teaches the configuration section configures the first antenna port
`
`pair and configures the second antenna port pair, (Paragraph 44, 68, 69, and 74, antenna port 7 and 8
`
`

`

`Application/Control Number: 14/383,021
`Art Unit: 2472
`
`Page 12
`
`and antenna port 7 and 9 are configured) however doesn’t teach the configuration is based on when a
`
`number of control channel elements used for the reception apparatus among a plurality of control
`
`channel elements forming one physical channel resource block is equal to or greater than a threshold,
`
`and when the number of the control channel elements is less than the threshold
`
`Kim teaches when a number of control channel elements used for the reception apparatus
`
`among a plurality of control channel elements forming one physical channel resource block is equal to
`
`or greater than a threshold, and when the number of the control channel elements is less than the
`
`threshold number of control channel elements. (Paragraph 194, number of layers used for transmission
`
`is determined based on the number of control channel elements. If the number of control channel
`
`elements is above the threshold, transmission over multiple layers is selected and if the number of
`
`control channel elements is below threshold, and transmission over signal layer is applied)
`
`Thus it would have been obvious to one of ordinary skill in the art at the time of the invention to
`
`implement Configure antenna ports of Qu with determined the aggregation level as taught by Marinier.
`
`The motivation for combining Qu and Marinier is to be able to achieve transmission diversity.
`
`9.
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`Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Qu et al. (US Publication
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`2013/0083769) in view Frenne et al. (US Publication 2014/0050159) further in view of Rudolf et al. (US
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`Publication 2014/0362832)
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`With respect to claim 5, Qu teaches the configuration section configures the first antenna port
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`pair and configures the second antenna port pair, (Paragraph 44, 68, 69, and 74, antenna port 7 and 8
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`and antenna port 7 and 9 are configured) however doesn’t teach the configuration is based on the
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`configuration section configures the first antenna port when a second subframe is configured in
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`the reception apparatus and configures the second antenna port when a first subframe is configured
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`in the reception apparatus, the second subframe being a subframe for which transmission power of a
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`signal from the transmission apparatus is configured to be lower than that for the first subframe.
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`

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`Application/Control Number: 14/383,021
`Art Unit: 2472
`
`Page 13
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`Rudolf teaches the configuration section configures the first antenna port when a second
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`subframe is configured in the reception apparatus and configures the second antenna port when a
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`first subframe is configured in the reception apparatus, the second subframe being a subframe for
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`which transmission power of a signal from the transmission apparatus is configured to be lower than
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`that for the first subframe. (Paragraph 132 and 188, first subframe is configured for first antenna port
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`and second subframe is configured for second antenna port. First subframe is higher transmit power
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`than the second sub frame)
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`Thus it would have been obvious to one of ordinary skill in the art at the time of the invention to
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`implement Configure antenna ports of Qu and Frenne with determined the aggregation level as taught
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`by Rudolf. The motivation for combining Qu, Frenne and Rudolf is to be able to select antenna port
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`based on transmission power.
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`10.
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`Claims 8 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Qu et al. (US
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`Publication 2013/0083769) in view of Frenne et al. (US Publication 2014/0050159) further in view of Lee
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`et al. (US Publication 2013/0194931)
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`With respect to claim 8, Qu teaches the first antenna port pair is associated with a component
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`carrier that does not transmit at least one of PDCCH (physical downlink control channel) and CR5 (cell
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`specific reference signal) among the plurality of component carriers allocatable to the reception
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`apparatus, (Paragraph 44, 68, 69, and 74, antenna port 7 and 8 and antenna port 7 and 9 are
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`configured. If the same REs are used for reference signal transmission which would cause zero power
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`problem (reception quality) would require to use first antenna port or second antenna port. Antenna
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`port are associated with component carrier) and Qu doesn’t teach the second antenna port pair is
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`associated with a component carrier that transmits the PDCCH and the CRS among the plurality of
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`component carriers.
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`

`

`Application/Control Number: 14/383,021
`Art Unit: 2472
`
`Page 14
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`Lee teaches the second antenna port pair is associated with a component carrier that transmits
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`the PDCCH and the CRS among the plurality of component carriers. (Paragraph 342, antenna port 7-10
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`is used to transmit PDCCH and CR5 on the carriers)
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`Thus it would have been obvious to one of ordinary skill in the art at the time of the invention to
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`implement Configure antenna ports of Qu and Frenne with transmitting CRS as taught by Lee. The
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`motivation for combining Qu, Frenne and Lee is to be able to determining the channel quality.
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`With respect to claim 10, Qu doesn’t teach when configuring the reception apparatus with the
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`second antenna port pair, the configuration section configures an antenna port other than antenna
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`ports included in the two antenna ports pairs, as an antenna port to be used for transmission of a
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`signal intended for a reception apparatus configured with a transmission method using a single-
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`antenna port.
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`Lee teaches when configuring the reception apparatus with the second antenna port pair, the
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`configuration section configures an antenna port other than antenna ports included in the two
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`antenna ports pairs, as an antenna port to be used for transmission of a signal intended for a
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`reception apparatus configured with a transmission method using a single-antenna port. (Paragraph
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`110, single-antenna port is configured for transmission of a signal)
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`Thus it would have been obvious to one of ordinary skill in the art at the time of the invention to
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`implement Configure antenna ports of Qu and Frenne with transmitting CRS as taught by Lee. The
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`motivation for combining Qu, Frenne and Lee is to be able to determining the channel quality.
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`7. Applicant