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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
`
`14/630,210
`
`02/24/2015
`
`MASATAKA IRIE
`
`731156462
`
`9493
`
`Seed IP Law Group LLP/Panason1e
`701 Fifth Avenue, Suite 5400
`Seattle, WA 98104
`
`NGUYEN” BAO G
`
`PAPER NUMBER
`
`ART UNIT
`
`2461
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`01/24/2019
`
`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.
`14/630,210
`Examiner
`BAO G NGUYEN
`
`Applicant(s)
`lRlEetal.
`Art Unit
`2461
`
`AIA Status
`Yes
`
`- 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 10/12/18.
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2a)D This action is FINAL.
`
`2b)
`
`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—2 and 4—6 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) 1—2 and 4—6 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
`
`is/are: a)D accepted or b)l:] 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)D All
`
`b)I:J Some”
`
`c)C] 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)
`
`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 20181226
`
`

`

`Application/Control Num ber: 14/630,210
`Art Unit: 2461
`
`Page 2
`
`1.
`
`The present application, filed on or after March 16, 2013,is being examined under thefirst
`
`inventorto file provisions ofthe AIA.
`
`DETAILEDACTION
`
`Continued Examination Under37 CFR 1 . 114
`
`A request forcontinued examination under37CFR1.114, includingthefee set forthin37 CFR
`
`1.17(e), wasfiled inthis application afterfinal rejection. Since this application is eligible forcontinued
`
`examination under37CFR1.114,a nd thefee set forth in 37CFR 1.17(e) has been timely paid, the
`
`fina lityofthe previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applica nt's
`
`s ubmission filed on 10/05/18 has been entered.
`
`Response to Arguments
`
`1.
`
`Appl icant’s arguments filed 08/16/18, with respectto the rejection(s) ofclaim(s) 1 under U.S.C.
`
`103 have beenful lyconsidered a nd a re persuasive.
`
`It is agreed upon that Stirling-Gallacherdoes not
`
`teach the a mended limitation ” permutations ofthe pluralityoftra nsmission beams ofthe plurality of
`
`ba se stations resu ltingi n a plurality ofcombinationsoftra nsmission beams available forsynchronous
`
`tra nsmission by the plurality ofbasestations” since the refe rence does not teach plurality ofbase
`
`stations. Therefore, the rejection has beenwithdrawn. However, upon fu rtherconsideration, a new
`
`ground(s) of rejection is made inview of Hawryluck (Pub No 20120202431) to teach the limitation
`
`”pe rmutations ofthe plurality oftra nsmission beams ofthe plurality ofbasestations resulting in a
`
`plu ralityofcombinations oftransmission beams available for synchronous transmission bythe plurality
`
`of ba se stations”.
`
`Claim Rejections - 35 USC § 1 02
`
`

`

`Application/Control Number: 14/630,210
`Art Unit: 2461
`
`Page3
`
`The following is a quotation ofthe appropriate paragraphs of35 U.S.C. 102 that form the basis
`
`forthe rejectionsunderthissection made in thisOffice action:
`
`A person shall beentitled to a patent unless —
`(a)(2) theclaimed invention was described in a patent issued under section 151, orin an application
`for patentpublished ordeemed published undersection 122(b), in whichthepatentorapplication, as
`the case may be, names another inventorand was effectively filed beforethe effective filingdateof
`the claimed invention.
`
`Cla im(s) 1, 4-6 is is/are rejected u nder35 U.S.C. 102(a)(2) a s being anticipated by Hawryluck
`
`(Pu b No 20120202431).
`
`Regardingclaim 1 a nd4-6,
`
`Hawryluck teaches a wirelesscommunication method for performingcommunication ina
`
`wirelesscommunication system, the method comprising:
`
`communicating between the plu ralityofbase stations a nd the plu rality of te rminal stations,
`
`res pectively, each base station usingthe corresponding plurality oftra nsmission beamsin c hannels
`
`having diffe rent center-freq uencies from each other, (interpreted as Communications system 100
`
`includesa number ofenhanced NodeBs(eNB), such aseNB 105, eNB 106,and eNB 107. Each ofthe
`
`eNBsmay be responsible forallocating network resourcesto UEs, such as UE 110, UE 111, UE 112, and
`
`UE 113,thatitisserving. For example,an eNB may forwarda transmissionintended fora UE that itis
`
`serving orallocate some networkresourcesto a UE that it is serving so that the UE may transmit
`
`information, see para [0028]. Also seefrequency division duplexed communication systems, see para
`
`[0011]) permutations ofthe plurality oftransmission beams ofthe plurality ofbase stations resultingin
`
`a pluralityofcombinationsoftra nsmission beamsavailable forsynchronoustransmission bythe
`
`plu ralityofbase stations (interpreted asThe eNBsthat are operating in the coordinated beam-forming
`
`mode may coordinate between one another to selectUEsfor servicing that mayhelpto minimize ICI,
`
`see para [0039]) the communicating including:
`
`

`

`Application/Control Number: 14/630,210
`Art Unit: 2461
`
`Page4
`
`se lectivelyswitchinga combination oftransmission beams used by the plurality ofbase stations
`
`a mong the plurality ofcombinationsoftra nsmission beams, synchronouslya nd seq uentially,training
`
`fra mes to the plurality ofte rminal stations with the switched combination oftransmission beams in
`
`ea ch period (interpreted as While operating in coordinated beam-forming mode,eNB 300 may
`
`coordinate with other eNBs also ope ratingin coordinated beam-forming mode to reduce ICI to the
`
`other eNBs by adjustingtransmit power to UEsthat are not orthogonal or nearly orthogonal to UEs
`
`served by the other eNBs. lfthere are a sufficient number ofUEs, eNB 300 may selectUEsthat are
`
`orthogonal (or nearly orthogonal) to UEs served by the other eNBsto receive transmissions or to
`
`transmit and force the non-orthogonal UEs to wait until they become orthogonal (or nearly
`
`orthogonal) as a result oftheir own mobility,the UEs served by the other eNBsc hange, or the
`
`mobilityofthe UEsserved by the othereNBs, see para [0052]. Trainingframesinterpreted as
`
`measuring UE channels, see 610fig. 6).
`
`storing information representing the plura lityofcombinations oftransmission beamsforthe
`
`plu rality of base stations based on a result of reception ofthe training fra mes (interpreted as eNB 300
`
`may also include a memory 325 coupled to processor 305. Memory 325 maybe used to store
`
`coordination information shared from other eNBs, channel measurements made by processor 305,
`
`orthogonality and/or correlation values derived from the c hannel measu rements and/or c oordi nation
`
`information, sc hed uling information provided by sc hed uler 320, information/da ta intended for UEs
`
`served by eNB 300, and so forth., see para [0060]); a nd
`
`a com munication u nitthat communicates between a plurality of base stations a nd
`
`corresponding terminal stations using a first combination oftra ns mission bea ms s elected from the
`
`stored information representingthe plu rality ofcombinations oftransmission beams forthe plurality of
`
`ba se stations (interpreted asThe eNB may transmit to the second UE using the adjusted precoder and
`
`the optional reduction in transmit power |eve|(b|ock 840), see para [0127]).
`
`

`

`Application/Control Number: 14/630,210
`Art Unit: 2461
`
`Page5
`
`Claim Rejections - 35 USC § 1 03
`
`1.
`
`The following is a quotation of35 U.S.C. 103which forms the basis foral l obviousness rejections
`
`setforth in this Officeaction:
`
`A patentfora claimed invention maynot beobtained, notwithstandingthat theclaimed invention is
`not identicallydisclosed as set forth in section 102, ifthedifferences between the claimed invention
`and the priorart are such that theclaimed invention as a whole would havebeen obvious beforethe
`effective filingdate oftheclaimed invention to a person havingordinary skill in theart to which the
`claimed invention pertains. Patentabilityshall not benegated bythe manner in which theinvention
`was made.
`
`2.
`
`Claim 2 is/are rejected under35 U.S.C. 103 as being unpatentable over Hawryluck (Pub No
`
`20120202431) further in view of Ki kuchi (Pub No 20020070892).
`
`Regardingclaim 2,
`
`Hawryluck teaches thewirelesscommunication method accordingto claim 1, wherein the result
`
`ofthe reception ofthe training frames includes a beam numberand an SN ratio (interpreted aseNB 210
`
`may consider signalto noise plusinterference ratio (SINR) measurement, signalto noise ratio(SNR)
`
`measurements, channelquality indicators (CQI), and the like, ofits UEs, see Hawryluck para [0129]).
`
`HoweverHawryluckdoes not teach beam number.
`
`Ki kuchiteaches beam number (interpreted as On the receiving side, a beam power detection
`
`section4 measuresthe power ofthe output from each ofthe beamformers3-1 to 3-M and notifiesa
`
`beam output selecting/combining section 5 ofeach reception power together with a beam number,
`
`see para [0007]).
`
`It would have been obvious to one ofordinarys kill in the art to combine the beam system
`
`ta ught by Hawryluckwith the beam number taught by Kikuchi since it is knownin the a rt of
`
`com munications to use beam numbers to identify/differentiate beams.
`
`

`

`Application/Control Number: 14/630,210
`Art Unit: 2461
`
`Page6
`
`Conclusion
`
`Any inquiry concerning this communication orearliercommunications from the examiner
`
`s hould be directed to OMER S MIAN whose telephone number is (571)270-7524. The examinercan
`
`normally be reached on M,Th:10a-9p,Tu,W:930a-530p, F2930a-1130a.
`
`If attempts to reach the examiner by telephone a re unsuccessful, the examiner's su pervisor, Huy
`
`D Vu ca n be reached on 571-272-3155. Thefax phone numberforthe orga nizationwhere this
`
`a pplication or proceedingis assigned is 571-273-8300.
`
`Information regarding the status ofa n application may be obtained fromthe PatentApplication
`
`Information Retrieval (PAIR) system. Status information for published applications may be obtained
`
`from either Private PAIRor Public PAIR. Status information for un pu blished a pplications is available
`
`through Private PAIRonly. Formore information a bout the PAIR system, see http://pair-
`
`direct.uspto.gov. Should you have questio nson access to the Private PAIR system, contact the Electronic
`
`BusinessCenter(EBC) at 866-217-9197 (toll-free). Ifyou would like assistance from a USPTO Customer
`
`Service Representative oraccess to the automated information system, call 800-786-9199 (IN USA OR
`
`CANADA)or571-272-1000.
`
`/BAO G NGUYEN/
`
`Exa miner, Art Unit 2461
`
`/OMER S MIAN/
`
`Primary Examiner, Art Unit 2461
`
`

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