`
`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
`
`
`
`
`
`14/949,581
`
`11/23/2015
`
`Hisao Koga
`
`734256.471C2
`
`6867
`
`Seed IP Law Group LLPflDanasonic
`701 Fifth Avenue, Suite 5400
`Seattle, WA 98104
`
`HSU’ ALPUS
`
`PAPER NUIVIBER
`
`ART UNIT
`
`2465
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`05/18/2018
`
`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.c0m
`
`PTOL—90A (Rev. 04/07)
`
`

`

`
`
`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
`
`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 3/15/2018.
`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) 14 68 11 13 and 15-22is/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) 14 68 11 13 and 15-22is/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
`I/AWIIV‘LUSOIO. ovI’ atentS/init events/
`
`
`
`h/index.‘s or send an inquiry to PPI-iieedback{®usgtc.00v.
`
`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).
`
`Priority under 35 U.S.C. § 119
`
`12)I:| Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`a)I:l All
`
`b)|:l Some” c)I:l None of the:
`
`1.I:I Certified copies of the priority documents have been received.
`2.|:l Certified copies of the priority documents have been received in Application No.
`3.|:| Copies of the certified copies of the priority documents have been received in this National Stage
`
`application from the International Bureau (PCT Rule 17.2(a)).
`** See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`
`
`3) D Interview Summary (PTO-413)
`1) D 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 20180514
`
`

`

`Application/Control Number: 14/949,581
`
`Page 2
`
`Art Unit: 2465
`
`DETAILED ACTION
`
`1.
`
`The present application, filed on or after March 16, 2013, is being examined under the
`
`first inventor to file provisions of the AIA.
`
`Continued Examination Under 37 CFR 1.114
`
`2.
`
`A request for continued examination under 37 CFR 1.114, including the fee set forth in
`
`37 CFR 1.17(e), was filed in this application after final rejection. Since this application is
`
`eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e)
`
`has been timely paid, the finality of the previous Office action has been withdrawn pursuant to
`
`37 CFR 1.114. Applicant's submission filed on March 15, 2018 has been entered.
`
`Drawings
`
`3.
`
`The drawings are objected to under 37 CFR 1.83(a). The drawings must show every
`
`feature of the invention specified in the claims. Therefore, the claimed “flow chart” for the
`
`method of the newly claimed method steps as in claims 8, 11, 13, 19-22, and the newly
`
`claimed operations as in claims 1, 4, 6, 15-18 thereof, all must be clearly shown/identified or
`
`the feature(s) canceled from the claim(s). No new matter should be entered. To be more
`
`specific, none of the FIG. 5, FIG. 7 and the steps in either FIG. 8 or FIG. 9 correspond to the
`
`newly claimed method steps as in claims 8, 11, 13, 19—22 or the newly claimed operations as in
`
`claims 1, 4, 6, 15—18 thereof according to the detailed description for these drawings as disclosed
`
`in paragraphs [0055]—[0056] (for FIG. 5), [0066]—[0072] (for FIG. 7), [0076]—[0093] (for FIG. 8),
`
`and [0094]—0111] (for FIG. 9).
`
`Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to
`
`the Office action to avoid abandonment of the application. Any amended replacement drawing
`
`

`

`Application/Control Number: 14/949,581
`
`Page 3
`
`Art Unit: 2465
`
`sheet should include all of the figures appearing on the immediate prior version of the sheet,
`
`even if only one figure is being amended. The figure or figure number of an amended drawing
`
`should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure
`
`must be removed from the replacement sheet, and where necessary, the remaining figures must
`
`be renumbered and appropriate changes made to the brief description of the several views of the
`
`drawings for consistency. Additional replacement sheets may be necessary to show the
`
`renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an
`
`application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet”
`
`pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will
`
`be notified and informed of any required corrective action in the next Office action. The
`
`objection to the drawings will not be held in abeyance.
`
`Specification
`
`4.
`
`The specification is objected to as failing to provide proper antecedent basis for the
`
`claimed subject matter. See 37 CFR l.75(d)(l) and MPEP § 608.0l(o). Correction of the
`
`following is required:
`
`The newly claimed subject matter of “A communication apparatus that performs a
`
`communication, through a power line, with another communication apparatus using a
`
`frequency bandwidth including a plurality of communication channels, the communication
`
`apparatus comprising: a processor; and a memory that stores instructions which cause the
`
`processor to perform operations comprising: transmitting a beacon to the another communication
`
`apparatus in a first DPC (Dynamic Power Control) mode where first power and a first number
`
`of communication channels are used for transmitting the beacon, when not receiving a response
`
`

`

`Application/Control Number: 14/949,581
`
`Page 4
`
`Art Unit: 2465
`
`to the beacon transmitted in the first DPC mode from the another communication
`
`apparatus, transmitting the beacon to the another communication apparatus in a second
`
`DPC mode where second power greater than the first power and a second number
`
`of communication channels fewer than the first number of communication channels are used for
`
`transmitting the beacon, and retransmitting, in the second DPC mode, the beacon to the another
`
`communication apparatus using a frequency band different from a frequency band used
`
`to transmit the preVious beacon in the second DPC mode” as in claim 1, “The communication
`
`apparatus according to claim 1, wherein the processor is caused to perform the
`
`operations comprising: transmitting the beacon to the another communication apparatus in a third
`
`DPC mode where third power greater than the second power and a third number
`
`of communication channels fewer than the second number of communication channels are used
`
`for transmitting the beacon, and when not receiVing a response to the beacon transmitted in the
`
`third DPC mode from the another communication apparatus, retransmitting, in the third DPC
`
`mode, the beacon to the another communication apparatus using a frequency band different from
`
`a frequency band used to transmit the preVious beacon in the third DPC mode.” as in claim 4,
`
`“The communication apparatus according to claim 1, wherein the processor is caused to perform
`
`the operations comprising: transmitting information indicating the second number to the second
`
`communication apparatus.” as in claim 6, “The communication apparatus according to claim
`
`1, wherein the processor is caused to perform the operations comprising: transmitting the beacon
`
`to the another communication apparatus in a third DPC mode where third power greater than the
`
`second power and a third number of communication channels fewer than the second number of
`
`communication channels are used for transmitting the beacon, when receiVing a response to the
`
`

`

`Application/Control Number: 14/949,581
`
`Page 5
`
`Art Unit: 2465
`
`beacon transmitted in the third DPC mode from the another communication apparatus,
`
`transmitting the beacon to the another communication apparatus in the second DPC mode.” as in
`
`claim 15, “The communication apparatus according to claim 15, wherein the processor is caused
`
`to perform the operations comprising: when not receiving the response to the beacon transmitted
`
`in the third DPC mode from the second communication apparatus, retransmitting, in the third
`
`DPC mode, the beacon to the second communication apparatus using a frequency band different
`
`from a frequency band used to transmit the previous beacon in the third DPC mode.” as in claim
`
`16, “The communication apparatus according to claim 1, wherein at least portion of the
`
`frequency band used to retransmit the beacon overlaps with the frequency band used to transmit
`
`the previous beacon.” as in claim 17, and “The communication apparatus according to claim 1,
`
`wherein the frequency band used to retransmit the beacon does not overlap with the frequency
`
`band used to transmit the previous beacon.” as in claim 18, each does not have support of proper
`
`antecedent basis from the original specification.
`
`Claims 8, 11, 13, 19—22 are rejected for substantially identical reasoning, except each
`
`claim is in method c1aim format.
`
`Claim Rejections - 35 USC § 112
`
`5.
`
`Claims 1, 4, 6, 8, 11, 13, 15—22 are rejected under 35 USC. 112(a) or 35 USC. 112
`
`(pre—AIA), first paragraph, as based on a disclosure which is not enab1ing. The features of
`
`“Dynamic Power Control (DPC) mode(s) setting and changing”, and “round robin in each
`
`DPC mode” schemes for frequency bandwidth scheduling/channel scheduling/frequency
`
`transitioning throughout the entire original specification are considered critical or essential to
`
`the practice of the invention, but not included in the c1aim(s) is not enabled by the disclosure.
`
`

`

`Application/Control Number: 14/949,581
`
`Page 6
`
`Art Unit: 2465
`
`See In re Mayhew, 527 F.2d 1229, 188 USPQ 356 (CCPA 1976). To be more specific, all claims
`
`are directed to change of DPC mode with change of number of communication channels based
`
`on transmission of a beacon signal and whether receiving a response to the beacon signal and
`
`retransmit the beacon using a different frequency band between two or more communication
`
`apparatuses. But the critical or essential subject matter of “Dynamic Power Control (DPC)
`
`mode(s)” setting and changing, and “round robin” schemes for frequency bandwidth
`
`scheduling/channel scheduling/frequency transitioning were not clearly recited in any part of the
`
`claims for enablement of the claimed invention.
`
`6.
`
`Claims 1, 4, 6, 8, 11, 13, 15—22 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112
`
`(pre—AIA), first paragraph, as failing to comply with the written description requirement. The
`
`claim(s) contains subject matter which was not described in the specification in such a way as to
`
`reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for
`
`pre—AIA the inventor(s), at the time the application was filed, had possession of the claimed
`
`invention.
`
`The newly claimed features of “A communication apparatus that performs a
`
`communication, through a power line, with another communication apparatus using a frequency
`
`bandwidth including a plurality of communication channels, the communication apparatus
`
`comprising: a processor; and a memory that stores instructions which cause the processor to
`
`perform operations comprising: transmitting a beacon to the another communication apparatus in
`
`a first DPC (Dynamic Power Control) mode where first power and a first number of
`
`communication channels are used for transmitting the beacon, when not receiving a response to
`
`the beacon transmitted in the first DPC mode from the another communication apparatus,
`
`

`

`Application/Control Number: 14/949,581
`
`Page 7
`
`Art Unit: 2465
`
`transmitting the beacon to the another communication apparatus in a second DPC mode where
`
`second power greater than the first power and a second number of communication channels
`
`fewer than the first number of communication channels are used for transmitting the beacon, and
`
`retransmitting, in the second DPC mode, the beacon to the another communication apparatus
`
`using a frequency band different from a frequency band used to transmit the preVious beacon in
`
`the second DPC mode” as in claim 1, “The communication apparatus according to claim 1,
`
`wherein the processor is caused to perform the operations comprising: transmitting the beacon to
`
`the another communication apparatus in a third DPC mode where third power greater than the
`
`second power and a third number of communication channels fewer than the second number of
`
`communication channels are used for transmitting the beacon, and when not receiVing a response
`
`to the beacon transmitted in the third DPC mode from the another communication apparatus,
`
`retransmitting, in the third DPC mode, the beacon to the another communication apparatus using
`
`a frequency band different from a frequency band used to transmit the preVious beacon in the
`
`third DPC mode.” as in claim 4, “The communication apparatus according to claim 1, wherein
`
`the processor is caused to perform the operations comprising: transmitting information indicating
`
`the second number to the second communication apparatus.” as in claim 6, “The communication
`
`apparatus according to claim 1, wherein the processor is caused to perform the operations
`
`comprising: transmitting the beacon to the another communication apparatus in a third DPC
`
`mode where third power greater than the second power and a third number of communication
`
`channels fewer than the second number of communication channels are used for transmitting the
`
`beacon, when receiVing a response to the beacon transmitted in the third DPC mode from the
`
`another communication apparatus, transmitting the beacon to the another communication
`
`

`

`Application/Control Number: 14/949,581
`
`Page 8
`
`Art Unit: 2465
`
`apparatus in the second DPC mode.” as in claim 15, “The communication apparatus according to
`
`claim 15, wherein the processor is caused to perform the operations comprising: when not
`
`receiving the response to the beacon transmitted in the third DPC mode from the second
`
`communication apparatus, retransmitting, in the third DPC mode, the beacon to the second
`
`communication apparatus using a frequency band different from a frequency band used to
`
`transmit the previous beacon in the third DPC mode.” as in claim 16, “The communication
`
`apparatus according to claim 1, wherein at least portion of the frequency band used to retransmit
`
`the beacon overlaps with the frequency band used to transmit the previous beacon.” as in claim
`
`17, and “The communication apparatus according to claim 1, wherein the frequency band used to
`
`retransmit the beacon does not overlap with the frequency band used to transmit the previous
`
`beacon.” as in claim 18, each contains subject matter which was not described in the original
`
`specification. To be more specific, there is nowhere in the original disclosure described the
`
`newly claimed features in the order as recited in each of claims 1, 4, 6, 15—18.
`
`Claims 8, 11, 13, 19—22 are rejected for substantially identical reasoning, except each
`
`claim is in method claim format.
`
`7.
`
`Claims 1, 4, 6, 8, 11, 13, 15—22 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112
`
`(pre—AIA), second paragraph, as being indefinite for failing to particularly point out and
`
`distinctly claim the subject matter which the inventor or a joint inventor, or for pre—AIA the
`
`applicant regards as the invention.
`
`In claim 1, line 12, it is unclear as to what “a response to the beacon” is referring to or is
`
`intended to be the claim limitation. Lines 13—14, it is confusing and ambiguous for reciting
`
`“transmitting the beacon to the another communication apparatus in a second DPC mode”. Is it
`
`

`

`Application/Control Number: 14/949,581
`
`Page 9
`
`Art Unit: 2465
`
`referring to the same beacon or a copy/duplicate of the beacon? Lines 19—20, it is also confusing
`
`and ambiguous for reciting “retransmitting, in the second DPC mode, the beacon to the another
`
`communication apparatus”. Is it referring to the same beacon or a copy/duplicate of the beacon?
`
`Furthermore, it is unclear as to under what circumstance that the beacon is retransmitted. Line
`
`23, “the previous beacon” has no clear antecedent.
`
`In claim 4, lines 3—5, it is confiasing and ambiguous for reciting “transmitting the beacon
`
`to the another communication apparatus in a third DPC mode”. Is it referring to the same beacon
`
`or a copy/duplicate of the beacon? Lines 8—9, it is unclear as to what “a response to the beacon”
`
`is referring to or is intended to be the claim limitation. Lines 10—11, it is also confusing and
`
`ambiguous for reciting “retransmitting, in the third DPC mode, the beacon to the another
`
`communication apparatus”. Is it referring to the same beacon or a copy/duplicate of the beacon?
`
`Furthermore, it is unclear as to under what circumstance that the beacon is retransmitted. Lines
`
`14—15, “the previous beacon” has no clear antecedent.
`
`In claim 6, lines 3—4, it is unclear as to in what way that the information indicating the
`
`second number is transmitted.
`
`Claims 15 and 16 are rejected for substantial same reason as claim 4.
`
`Claims 8, 11, 13, 19—20 are rejected for substantially identical reasoning, except each
`
`claim is in method claim format.
`
`8.
`
`In view of the objections to the drawings and specification and rejections under 35 U.S.C.
`
`112(a) & 112(b), the previous 103 rejection has been temporary withdrawn. However, the
`
`examiner hereby reserves the right to reapply any prior art of record for future prior art rejection
`
`purpose once the above objections and rejections are resolved.
`
`

`

`Application/Control Number: 14/949,581
`
`Page 10
`
`Art Unit: 2465
`
`9.
`
`Applicant's arguments filed March 15, 2018 have been fully considered but they are not
`
`Response to Arguments
`
`persuasive.
`
`In the remarks, regarding objections to the drawings and specification and rejections
`
`under 112(a) and 112(b), the applicant argued that the mapping of the flow charts of FIGs. 8 and
`
`9 in reference to paragraphs [0064]—[0072] and FIGs. 5 and 7, all objections and rejections have
`
`been overcome. The examiner respectfully disagrees for the following reasons:
`
`In the drawings, FIG. 5 illustrates the relationship between power and number of
`
`channels used in each DPC Mode, FIG. 7 illustrates the round robin in each DPC Mode, FIG. 8
`
`illustrates change of DPC Mode to increase power with decrease of number of channels, and
`
`FIG. 9 illustrates change of DPC Mode to decrease power with increase of number of channels.
`
`In the specification, paragraphs [0055]—[0056] describes FIG. 5, paragraphs [0066]—[0072]
`
`describes FIG. 7, paragraphs [0076]—[0093] describes FIG. 8, and paragraphs [0094]—[0111]
`
`describes FIG. 9. The mapping of claim 8 shown by the applicant in the remarks is as follow:
`
`8. A communication method in a first communication apparatus that performs a
`
`communication, through a power line, with a second communication apparatus using a frequency
`
`bandwidth including a plurality of communication channels, the communication method
`
`comprising: transmitting a beacon to the second communication apparatus in a first DPC
`
`(Dynamic Power Control) mode where first power and a first number of communication
`
`channels are used for transmitting the beacon [FIG. 8, step 81 l; DPCl shown in FIG. 5];
`
`when not receiVing a response to the beacon transmitted in the first DPC mode from the second
`
`communication apparatus [FIG. 8, "No" to step 812], transmitting the beacon to the second
`
`

`

`Application/Control Number: 14/949,581
`
`Page ll
`
`Art Unit: 2465
`
`communication apparatus in a second DPC mode where second power greater than the first
`
`power and a second number of communication channels fewer than the first number of
`
`communication channels are used for transmitting the beacon [FIG 8, step 813; DPC2 shown in
`
`FIG. 5 having greater power and fewer communication channels than DPCl]; retransmitting, in
`
`the second DPC mode, the beacon to the second communication apparatus using a frequency
`
`band different from a frequency band used to transmit the previous beacon in the second DPC
`
`mode [FIG. 7, DPC2, the first beacon transmission in 2—7 MHz, followed by the second beacon
`
`transmission in 7—12 MHz; see f [0068]].
`
`However, according to paragraphs [0077]—[0081] in the specification, step 811 is to set a
`
`DPC mode as default, step 812 is to determine whether ACK received from all authenticated
`
`PLC apparatuses, wherein the ACK signal is a response to an inquiry signal regarding the beacon
`
`signal being capable of being correctly received (not a response to the beacon signal
`
`transmitted), and step 813 is to change DPC mode so that power for communication channel
`
`increase when it is determined that not all ACKs are received from all authenticated PLC
`
`apparatuses, which are entirely different from the claimed features of: “transmitting a beacon to
`
`the second communication apparatus in a first DPC (Dynamic Power Control) mode where first
`
`power and a first number of communication channels are used for transmitting the beacon; when
`
`not receiving a response to the beacon transmitted in the first DPC mode from the second
`
`communication apparatus, transmitting the beacon to the second communication apparatus in a
`
`second DPC mode where second power greater than the first power and a second number of
`
`communication channels fewer than the first number of communication channels are used for
`
`transmitting the beacon”. As for the feature of “retransmitting, in the second DPC mode, the
`
`

`

`Application/Control Number: 14/949,581
`
`Page 12
`
`Art Unit: 2465
`
`beacon to the second communication apparatus using a frequency band different from a
`
`frequency band used to transmit the previous beacon in the second DPC mode” following the
`
`previous steps was not shown in any part of flow chart in FIG. 8.
`
`By the same reasoning, the mappings of claims 11, 13, 19 and 20 shown by the applicant
`
`in the remarks with FIG. 9 in reference to paragraphs [0054] & [0070], FIGs. 5 and 7 were also
`
`improper and incorrect.
`
`Claims 1, 4, 6, 15 and 16 are rejected for substantially same reasons as claims 11, 13, 19
`
`and 20, except each claim is in communication apparatus claim format.
`
`Therefore, in view of the above reasoning, the examiner believes that all of the objections
`
`and rejections should be sustained.
`
`Conclusion
`
`10.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to ALPUS H. HSU whose telephone number is (571)272—3146. The
`
`examiner can normally be reached on M—F (5:30—3:00) First Friday Off.
`
`Examiner interviews are available via telephone, in—person, and video conferencing using
`
`a USPTO supplied web—based collaboration tool. To schedule an interview, applicant is
`
`encouraged to use the USPTO Automated Interview Request (AIR) at
`
`http://www.uspto.gov/interviewpractice.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, Marsha D. Banks Harold can be reached on (571)272—7905. The fax phone number
`
`for the organization where this application or proceeding is assigned is 571—273—8300.
`
`