`
`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
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`
`
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`14/949,581
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`11/23/2015
`
`Hisao Koga
`
`734256.471C2
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`6867
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`Seed IP Law Group LLPflDanasonic
`701 Fifth Avenue, Suite 5400
`Seattle, WA 98104
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`HSU’ ALPUS
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`PAPER NUIVIBER
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`ART UNIT
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`2465
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`NOTIFICATION DATE
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`DELIVERY MODE
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`12/22/2017
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`ELECTRONIC
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
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`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
`following e—mail address(es):
`US PTOeAction @ SeedIP.com
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`pairlinkdktg @ seedip.c0m
`
`PTOL—90A (Rev. 04/07)
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`

`

`
`
`Applicant(s)
`Application No.
` 14/949,581 KOGA ET AL.
`
`Examiner
`Art Unit
`AIA (First Inventor to File)
`Office Action Summary
`
`ALPUS H. Hsu $2213 2465
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
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`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
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`Status
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`1)IZI Responsive to communication(s) filed on 10/4/2017.
`El A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2b)|ZI This action is non-final.
`2a)|Z| 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
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`; the restriction requirement and election have been incorporated into this action.
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`4)|:| Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
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`closed in accordance with the practice under Exparte Quay/e, 1935 CD. 11, 453 O.G. 213.
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`Disposition of Claims*
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`5)IZI Claim(s) 14 68 11 13 and 15-22is/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
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`6)I:I Claim(s)
`is/are allowed.
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`7)|Z| Claim(s) 14 68 11 13 and 15-22is/are rejected.
`8)|:I Claim(s)_ is/are objected to.
`
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`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
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`participating intellectual property office for the corresponding application. For more information, please see
`hit
`I/AWIIV‘LUSOIO. ovI’ atentS/init events/
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`h/index.‘s or send an inquiry to PPI-iieedback{®usgtc.00v.
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`Application Papers
`
`10)IZI The specification is objected to by the Examiner.
`11)|Xl The drawing(s) filed on 11/23/15is/are: a)I:I accepted or b)lX| 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).
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`Priority under 35 U.S.C. § 119
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`12)I:| Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
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`a)I:l All
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`b)|:l Some” c)I:l None of the:
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`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
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`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.
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`Attachment(s)
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`
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`3) D Interview Summary (PTO-413)
`1) D Notice of References Cited (PTO-892)
`Paper No(s)/Mai| Date.
`.
`.
`4) I:I Other'
`2) E InformatIon DIsclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mai| Date 9/29/17.
`US. Patent and Trademark Office
`PTOL—326 (Rev. 11-13)
`
`Office Action Summary
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`Part of Paper No./Mai| Date 20171219
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`

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`Application/Control Number: 14/949,581
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`Page 2
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`Art Unit: 2465
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`1.
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`The present application, filed on or after March 16, 2013, is being examined under the
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`first inventor to file provisions of the AIA.
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`DETAILED ACTION
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`Drawings
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`2.
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`The drawings are objected to under 37 CFR 1.83(a). The drawings must show every
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`feature of the invention specified in the claims. Therefore, the claimed “processor” that
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`performs newly claimed operations as in claims 1, 4, 6, 15-18 and the “flow chart” for the
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`method of the newly claimed method steps as in claims 8, 11, 13, 19-22, all must be clearly
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`shown/identified or the feature(s) canceled from the claim(s). No new matter should be entered.
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`Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to
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`the Office action to avoid abandonment of the application. Any amended replacement drawing
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`sheet should include all of the figures appearing on the immediate prior version of the sheet,
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`even if only one figure is being amended. The figure or figure number of an amended drawing
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`should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure
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`must be removed from the replacement sheet, and where necessary, the remaining figures must
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`be renumbered and appropriate changes made to the brief description of the several views of the
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`drawings for consistency. Additional replacement sheets may be necessary to show the
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`renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an
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`application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet”
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`pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will
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`be notified and informed of any required corrective action in the next Office action. The
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`objection to the drawings will not be held in abeyance.
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`

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`Application/Control Number: 14/949,581
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`Page 3
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`Art Unit: 2465
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`Specification
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`3.
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`The specification is objected to as failing to provide proper antecedent basis for the
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`claimed subject matter. See 37 CFR l.75(d)(l) and MPEP § 608.01(o). Correction of the
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`following is required:
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`The newly claimed subject matter of “A communication apparatus that performs a
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`communication, through a power line, with another communication apparatus using a
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`frequency bandwidth including a plurality of communication channels, the communication
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`apparatus comprising: a processor; and a memory that stores instructions which cause the
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`processor to perform operations comprising: transmitting a first signal to the another
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`communication apparatus using first power and a first number of communication channels
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`included in the frequency bandwidth, when not receiVing a response to the first signal from the
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`another communication apparatus, transmitting a second signal to the another communication
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`apparatus using second power greater than the first power and a second number of
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`communication channels, fewer than the first number of communication channels, included in
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`the frequency band, and after transmitting the second signal to the another communication
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`apparatus, transmitting a third signal to the another communication apparatus using the
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`second power and the second number of communication channels, wherein a frequency
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`sub-band 0f the second number of communication channels used to transmit the third
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`signal is different from a freguency sub-band 0f the second number of communication
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`channels used to transmit the second signal.” as in claim 1, “The communication apparatus
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`according to claim 1, wherein the processor is caused to perform the operations comprising:
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`Application/Control Number: 14/949,581
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`Page 4
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`Art Unit: 2465
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`transmitting the first signal to each of a plurality of other communication apparatuses using the
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`first power and the first number of communication channels included in the frequency
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`bandwidth, and when not receiVing a response to the first signal from at least one of the plurality
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`of other communication apparatuses, transmitting a fourth signal to each of the plurality of
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`other communication apparatuses using the first power and the first number of
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`communication channels, wherein a frequency sub-band of the first number of
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`communication channels used to transmit the fourth signal is different from a frequency
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`sub-band of the first number of communication channels used to transmit the first signal.”
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`as in claim 4, “The communication apparatus according to claim 1, wherein the processor is
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`caused to perform the operations comprising: when receiVing a response to the first signal from
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`the another communication apparatus, transmitting a fifth signal to the another
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`communication apparatus using fifth power smaller than the first power and a fif_th
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`number of communication channels, larger than the first number of communication
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`channels, included in the frequency band.” as in claim 15, “The communication apparatus
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`according to claim 15, wherein the processor is caused to perform the operations comprising:
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`after transmitting the fifth signal to the another communication apparatus, transmitting a
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`sixth signal to the another communication apparatus using the fifth power and the fifth
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`number of communication channels, wherein a frequency sub-band of the fifth number
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`of communication channels used to transmit the sixth signal is different from a frequency
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`sub-band of the fifth number of communication channels used to transmit the fifth signal.”
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`as in claim 16, “The communication apparatus according to claim 16, wherein at least portion
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`of the frequency sub-band of the fifth number of communication channels used to transmit
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`Application/Control Number: 14/949,581
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`Page 5
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`Art Unit: 2465
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`the sixth signal overlaps with the freguency sub-band of the fifth number of
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`communication channels used to transmit the fifth signal.” as in claim 17, and “The
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`communication apparatus according to claim 16, wherein the freguency sub-band of the fifth
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`number of communication channels used to transmit the sixth signal does not overlap with
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`the freguency sub-band of the fifth number of communication channels used to transmit
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`the fifth signal.” as in claim 18, each does not have support of proper antecedent basis from the
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`original specification.
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`Claims 8, 11, 19—22 are rejected for substantially identical reasoning, except each claim is
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`in method claim format.
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`Claim Rejections - 35 USC § 112
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`4.
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`Claims 1, 4, 6, 8, 11, 13, 15—22 are rejected under 35 USC. 112(a) or 35 USC. 112
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`(pre—AIA), first paragraph, as based on a disclosure which is not enabling. The features of
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`“Dynamic Power Control (DPC) mode(s)” setting and changing, and “round robin” schemes
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`for frequency bandwidth scheduling/channel scheduling/frequency transitioning throughout the
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`entire original specification are considered critical or essential to the practice of the invention,
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`but not included in the claim(s) is not enabled by the disclosure. See In re Mayhew, 527
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`F.2d 1229, 188 USPQ 356 (CCPA 1976). To be more specific, all claims are directed to change
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`of number of communication channels to control channel power based on a signal and a response
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`between two or more communication apparatuses. But the critical or essential subject matter of
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`“Dynamic Power Control (DPC) mode(s)” setting and changing, and “round robin” schemes for
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`frequency bandwidth scheduling/channel scheduling/frequency transitioning were not included
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`in any part of the claims for enablement of the claimed invention.
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`Application/Control Number: 14/949,581
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`Page 6
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`Art Unit: 2465
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`5.
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`Claims 1, 4, 6, 8, 11, 13, 15—22 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112
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`(pre—AIA), first paragraph, as failing to comply with the written description requirement. The
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`claim(s) contains subject matter which was not described in the specification in such a way as to
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`reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for
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`pre—AIA the inventor(s), at the time the application was filed, had possession of the claimed
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`invention.
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`The newly claimed features of “A communication apparatus that performs a
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`communication, through a power line, with another communication apparatus using a frequency
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`bandwidth including a plurality of communication channels, the communication apparatus
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`comprising: a processor; and a memory that stores instructions which cause the processor to
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`perform operations comprising: transmitting a first signal to the another communication
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`apparatus using first power and a first number of communication channels included in the
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`frequency bandwidth, when not receiving a response to the first signal from the another
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`communication apparatus, transmitting a second signal to the another communication apparatus
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`using second power greater than the first power and a second number of communication
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`channels, fewer than the first number of communication channels, included in the frequency
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`band, and after transmitting the second signal to the another communication apparatus,
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`transmitting a third signal to the another communication apparatus using the second power and
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`the second number of communication channels, wherein a frequency sub—band of the second
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`number of communication channels used to transmit the third signal is different from a frequency
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`sub—band of the second number of communication channels used to transmit the second signal.”
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`as in claim 1, “The communication apparatus according to claim 1, wherein the processor is
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`

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`Application/Control Number: 14/949,581
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`Page 7
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`Art Unit: 2465
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`caused to perform the operations comprising: transmitting the first signal to each of a plurality of
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`other communication apparatuses using the first power and the first number of communication
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`channels included in the frequency bandwidth, and when not receiVing a response to the first
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`signal from at least one of the plurality of other communication apparatuses, transmitting a
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`fourth signal to each of the plurality of other communication apparatuses using the first power
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`and the first number of communication channels, wherein a frequency sub—band of the first
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`number of communication channels used to transmit the fourth signal is different from a
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`frequency sub—band of the first number of communication channels used to transmit the first
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`signal.” as in claim 4, “The communication apparatus according to claim 1, wherein the
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`processor is caused to perform the operations comprising: when receiVing a response to the first
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`signal from the another communication apparatus, transmitting a fifth signal to the another
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`communication apparatus using fifth power smaller than the first power and a fifth number of
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`communication channels, larger than the first number of communication channels, included in
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`the frequency band.” as in claim 15, “The communication apparatus according to claim 15,
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`wherein the processor is caused to perform the operations comprising: after transmitting the fifth
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`signal to the another communication apparatus, transmitting a sixth signal to the another
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`communication apparatus using the fifth power and the fifth number of communication channels,
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`wherein a frequency sub—band of the fifth number of communication channels used to transmit
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`the sixth signal is different from a frequency sub—band of the fifth number of communication
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`channels used to transmit the fifth signal.” as in claim 16, “The communication apparatus
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`according to claim 16, wherein at least portion of the frequency sub—band of the fifth number of
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`communication channels used to transmit the sixth signal overlaps with the frequency sub—band
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`

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`Application/Control Number: 14/949,581
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`Page 8
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`Art Unit: 2465
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`of the fifth number of communication channels used to transmit the fifth signal.” as in claim 17,
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`and “The communication apparatus according to claim 16, wherein the frequency sub—band of
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`the fifth number of communication channels used to transmit the sixth signal does not overlap
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`with the frequency sub—band of the fifth number of communication channels used to transmit the
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`fifth signal.” as in claim 18, each contains subject matter which was not described in the original
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`specification. To be more specific, there is nowhere in the original disclosure described the
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`newly claimed features as recited in each of claims 1, 4, 15—18.
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`Claims 8, 11, 19—22 are rejected for substantially identical reasoning, except each claim is
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`in method claim format.
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`6.
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`Claims 1, 4, 6, 8, 11, 13, 15—22 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112
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`(pre—AIA), second paragraph, as being indefinite for failing to particularly point out and
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`distinctly claim the subject matter which the inventor or a joint inventor, or for pre—AIA the
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`applicant regards as the invention.
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`In claim 1, line 17, it is unclear as to what “a response” is referring to or is intended to be
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`the claim limitation. Line 20, “frequency band” lacks antecedent basis. Lines 23, 24—25, it is
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`unclear as to what “frequency sub—band” is referring to or is intended to be the claim limitation.
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`In claim 4, lines 4—5, it is confilsing and ambiguous for reciting “a plurality of other
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`communication apparatuses”. Does it include the another communication apparatuses recited in
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`claim 1, line 2? Lines 11 and 14, it is unclear as to what “frequency sub—band” is referring to or
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`is intended to be the claim limitation.
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`In claim 6, line 4, it is unclear as to what “identification information of the second
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`number” is referring to.
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`

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`Application/Control Number: 14/949,581
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`Page 9
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`Art Unit: 2465
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`In claim 15, line 3, “a response” should be changed to —— the response —— to avoid raising
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`the issue of ambiguity. Lines 4—5, it is confusing and ambiguous for reciting “a fifth signal”,
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`“fifth power” and “a fifth number of communication channels” since the third and/or the fourth
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`signal/power/number of communication channels were not recited previously. Line 6, “the
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`frequency band” lacks antecedent basis.
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`In claim 16, lines 5—6, claim 17, lines 2—3, claim 18, lines 2—3, it is unclear as to what each
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`term of “frequency sub—band” is referring to or is intended to be the claim limitation.
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`Claims 8, 11, 13, 19—22 are rejected for substantially identical reasoning, except each
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`claim is in method claim format.
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`7.
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`In view of the objections to the drawings and specification and rejections under 35 U.S.C.
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`112(a) & 112(b), the previous 103 rejection has been temporary withdrawn. However, the
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`examiner hereby reserves the right to reapply any prior art of record for future prior art rejection
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`purpose once the above objections and rejections are resolved.
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`Conclusion
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`8.
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`Applicant's amendment necessitated the new ground(s) of rejection presented in this
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`Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a).
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`Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
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`A shortened statutory period for reply to this final action is set to expire THREE
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`MONTHS from the mailing date of this action. In the event a first reply is filed within TWO
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`MONTHS of the mailing date of this final action and the advisory action is not mailed until after
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`the end of the THREE—MONTH shortened statutory period, then the shortened statutory period
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`will expire on the date the advisory action is mailed, and any extension fee pursuant to 37
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`

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`Application/Control Number: 14/949,581
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`Page 10
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`Art Unit: 2465
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`CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event,
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`however, will the statutory period for reply expire later than SIX MONTHS from the date of this
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`final action.
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`9.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to ALPUS H. HSU whose telephone number is (571)272—3146. The
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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