www.uspto.gov
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 2231371450
`
`15/404,992
`
`01/12/2017
`
`HIROSHI TAKAHASHI
`
`731156.575
`
`3875
`
`Seed IP Law Group LLP/Panasome
`701 Fifth Avenue, Suite 5400
`Seattle, WASHINGTON 98104
`UNITED STATES OF AMERICA
`
`GUADALUPE CRUZ” AIXA AMYR
`
`2466
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`06/12/2018
`
`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 .Com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`Off/09 A0170” Summary
`
`Application No.
`15/404,992
`Examiner
`AIXA A GUADALUPE-CRUZ
`
`Applicant(s)
`TAKAHASHI et al.
`Art Unit
`AIA Status
`2466
`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 01/12/2017.
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2a)D This action is FINAL.
`
`2b)
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`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)
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`Claim(s) fl is/are pending in the application.
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`5a) Of the above claim(s)
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`is/are withdrawn from consideration.
`
`E] Claim(s)
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`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 01/12/2017 is/are: a). accepted or b)[:] 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”
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`C)D None of the:
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`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)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`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 20180524
`
`

`

`Application/Control Number: 15/404,992
`Art Unit: 2466
`
`Page 2
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`DETAILED ACTION
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`Notice of Pre-AIA or AIA Status
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`1.
`
`The present application, filed on or after March 16, 2013, is being examined under the
`
`first inventor to file provisions of the AIA.
`
`2.
`
`3.
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`This application has been examined.
`
`Claims 1—9 are pending.
`
`Information Disclosure Statement
`
`4.
`
`The information disclosure statement (IDS) submitted on 1/12/2017 t is being considered
`
`by the examiner.
`
`Specification
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`5.
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`The title of the invention is not descriptive. A new title is required that is clearly
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`indicative of the invention to which the claims are directed. For example, “Method and
`
`Apparatus for Handover in Millimeter Wave Systems”. This is only a suggestion, but a title that
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`better describes the actual claimed invention, along the lines of this suggestion is respectfully
`
`requested.
`
`Claim Objections
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`6.
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`Claims 2, 5 are objected to because of the following informalities: the order in which the
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`limitation are written in these claims lacks clarity. In order to increase the clarity of these claims,
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`Applicant is encouraged to amend the claims to recite, for example:
`
`

`

`Application/Control Number: 15/404,992
`Art Unit: 2466
`
`Page 3
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`Claim 2. The wireless communication device according to claim 1, wherein
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`the handover controller determines not to perform handover of the lSt communication
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`processor, and output a control signal instructing to extend a communication area
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`provided by one beam used by the lSt communication processor, in a case where all of (i)
`
`to (iii) are satisfied, wherein (i) to (iii) comprise:
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`<list items (i) to (iii)>
`
`7.
`
`8.
`
`A similar approach to the one described for claim 2 can be taken in claim 5.
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`Appropriate correction is required.
`
`Claim Rejections - 35 US C § 112
`
`9.
`
`The following is a quotation of 35 U.S.C. ll2(b):
`
`(b) CONCLUSION.7The specification shall conclude with one or more claims particularly pointing
`out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the
`invention.
`
`The following is a quotation of 35 U.S.C. ll2 (pre—AIA), second paragraph:
`The specification shall conclude with one or more claims particularly pointing out and distinctly
`claiming the subject matter which the applicant regards as his invention.
`
`10.
`
`Claims 1, 8 and 9 are rejected under 35 U.S.C. ll2(b) or 35 U.S.C. ll2 (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.
`
`ll.
`
`Claim 1 lines 9—10, claim 8 line 12 and claim 9 lines ll—l2 recite the limitation “and a
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`value related to traffic on th_e 2‘101 communication processor in a 2m1 sector”. There is insufficient
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`antecedent basis for this limitation in the claims. The first lines of these claims make a reference
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`to lSt to Mth communication processors but do not make a clear reference to a second
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`

`

`Application/Control Number: 15/404,992
`Art Unit: 2466
`
`Page 4
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`communication processor, thus it is unclear to which of the Mth processors the second here is
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`referring to. The claims should be amended to recite “and a value related to traffic on a 2I101
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`communication processor in a 2‘101 sector”. Proper correction is respectfully requested.
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`Claim Rejections - 35 US C § 103
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`12.
`
`In the event the determination of the status of the application as subject to AIA 35 USC.
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`102 and 103 (or as subject to pre—AIA 35 USC. 102 and 103) is incorrect, any correction of the
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`statutory basis for the rejection will not be considered a new ground of rejection if the prior art
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`relied upon, and the rationale supporting the rejection, would be the same under either status.
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`13.
`
`This application currently names joint inventors. In considering patentability of the
`
`claims the examiner presumes that the subject matter of the various claims was commonly
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`owned as of the effective filing date of the claimed invention(s) absent any evidence to the
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`contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and
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`effective filing dates of each claim that was not commonly owned as of the effective filing date
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`of the later invention in order for the examiner to consider the applicability of 35 USC.
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`102(b)(2)(C) for any potential 35 USC. 102(a)(2) prior art against the later invention.
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`14.
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`The following is a quotation of 35 USC. 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, 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.
`
`15.
`
`Claims 1—9 is/are rejected under 35 USC. 103 as being unpatentable over Roy et al.
`
`(USPN 9,629,171; hereinafter Roy) in view of Hong et al. (US Patent Application Publication
`
`2014/0073337; hereinafter Hong).
`
`

`

`Application/Control Number: 15/404,992
`Art Unit: 2466
`
`Page 5
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`Regarding claims 1 and 7 Roy discloses a wireless communication device and a
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`wireless communication method (millimeter wave base stations, col. 9, lines 10-14),
`
`comprising:
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`1st to Mth communication processors, respectively corresponding to 1st to Mth
`
`sectors (where M is an integer equal to or greater than 2) (see figs. 15-16, for example;
`
`wherein mBs have at least more than 2 antenna, beams and sectors), which in operation,
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`each communicate with a wireless terminal by using a beam in any of N directions
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`(where N is an integer equal to or greater than 2) in one of the 1st to Mth sectors (see figs.
`
`8-10, 15-16, for example; wherein the m3 communicates with mobile stations using a
`
`beam); and
`
`a handover controller, which in operation, determines whether or not to perform
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`handover of the 1st communication processor, according to a position in a 1st sector of
`
`the beam used by the 1st communication processor, a communication quality between the
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`1st communication processor and the wireless terminal (col. 1 6, lines 20-35; col. 1 7, lines
`
`4-25; col. 24, line 24 , col. 25, line 5]; wherein Mb uses a directional radio environment
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`map that comprises signal strength between the m3 and WTR U, position information,
`
`and trafi‘ic information, to determine whether WTRU should be handed over from a first
`
`beam to a near-by beam).
`
`Roy does not explicitly disclose determine whether or not to perform handover
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`according to a value related to traffic on the 2nd communication processor in a 2nd sector
`
`adjacent to the 1st sector. However, Hong in the same field of endeavor, discloses
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`determine whether or not to perform handover according to a value related to traffic on
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`the 2nd communication processor in a 2nd sector adjacent to the 1st sector (figs. 22-24;
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`

`

`Application/Control Number: 15/404,992
`Art Unit: 2466
`
`Page 6
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`paragraphs 0222, 0243-025]; wherein beam load is used for scheduling beam allocation
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`and handover, note step 51125 in fig. 24A; note also that these figures describe LH-DBS
`
`or latency handover- distributed beam system). Therefore, it would have been obvious to
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`a person having ordinary skill in the art before the effective filing date of the claimed
`
`invention to modify the teachings of Roy with the teachings of Hong in order to increase
`
`efficiency and quality of service (Hong: paragraph 0274).
`
`Regarding claim 2 Roy in view of Hong disclose the wireless communication
`
`device according to claim 1, wherein in a case where all of (i) to (iii) are satisfied:
`
`(i) the position in the lst sector of the beam used by the lst communication
`
`processor is up to a Kth beam (where K is an integer equal to or greater than 1, and less
`
`than or equal to N/2) starting from a boundary between the lst sector and the 2nd sector
`
`from among the beams in N directions (Roy: col. 24, line 24 , col. 25, line 5]; wherein
`
`beam narrowness and/or wideness is considered, as well as the location of the WTRU
`
`within the beam for beam adjustment),
`
`(ii) the communication quality is less than or equal to a first threshold value (Roy:
`
`col. 1], lines 23-49; col. 24, line 24 , col. 25, line 5]; communication/signal strength is
`
`measured with the current beam),
`
`the handover controller determines not to perform handover of the lst
`
`communication processor, and output a control signal instructing to extend a
`
`communication area provided by one beam used by the lst communication processor
`
`(Roy: col. 24, line 24 , col. 25, line 5]; beams are realigned based on the communication
`
`ofinformationfrom the).
`
`

`

`Application/Control Number: 15/404,992
`Art Unit: 2466
`
`Page 7
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`Roy does not explicitly disclose (iii) the value related to traffic is equal to or
`
`greater than a second threshold value. However, Hong in the same field of endeavor,
`
`discloses the value related to traffic is equal to or greater than a second threshold value
`
`(fig. 22; paragraphs 0216-0225; wherein beam load is used for scheduling beam
`
`allocation). Therefore, it would have been obvious to a person having ordinary skill in
`
`the art before the effective filing date of the claimed invention to modify the teachings of
`
`Roy with the teachings of Hong in order to increase efficiency and quality of service
`
`(Hong: paragraph 0274).
`
`Regarding claim 3 Roy in view of Hong disclose the wireless communication
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`device according to claim 2, wherein the lst communication processor is configured with
`
`a plurality of modulation and coding schemes (MCSes) that indicate a combination of a
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`modulation scheme and a coding scheme, and changes the MCS used by the lst
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`communication processor to the MCS with the lowest communication rate according to
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`the control signal (Roy: col. 25, lines 3-65; wherein an MCS is changed based on the
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`beam selection).
`
`Regarding claim 4 Roy in view of Hong disclose the wireless communication
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`device according to claim 1, wherein the handover controller additionally determines
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`whether or not to perform handover of the lst communication processor according to a
`
`communication area provided by one beam used by the lst communication processor
`
`(Roy: col. 24, line 24 , col. 25, line 5]; wherein the m3 determines handoverfrom a
`
`beam to the next according to beam area).
`
`Regarding claim 5 Roy in view of Hong disclose the wireless communication
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`device according to claim 4,
`
`

`

`Application/Control Number: 15/404,992
`Art Unit: 2466
`
`Page 8
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`wherein in a case where all of (iv) to (vii) are satisfied:
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`(iv) the position in the lst sector of the beam used by the lst communication
`
`processor is up to a Kth beam (where K is an integer equal to or greater than 1, and less
`
`than or equal to N/2) starting from a boundary between the lst sector and the 2nd sector
`
`from among the beams in N directions (Roy: col. 24, line 24 , col. 25, line 5]; wherein
`
`beam narrowness and/or wideness is considered, as well as the location of the WTRU
`
`within the beam for beam adjustment),
`
`(V) the communication quality is less than or equal to a first threshold value (Roy:
`
`col. 1], lines 23-49; col. 24, line 24 , col. 25, line 5]; communication/signal strength is
`
`measured with the current beam), and
`
`(vii) the communication area provided by one beam used by the lst
`
`communication processor is the widest (Roy: col. 24, line 24 , col. 25, line 5]; wherein
`
`the m3 determines handover from a beam to the next according to beam area),
`
`the handover controller determines to perform handover of the lst communication
`
`processor (Roy: col. 24, line 24 , col. 25, line 5]; wherein the m3 determines handover
`
`from a beam to the next according to beam area).
`
`Roy does not explicitly disclose (vi) the value related to traffic is equal to or
`
`greater than a second threshold value. However, Hong in the same field of endeavor,
`
`discloses the value related to traffic is equal to or greater than a second threshold value
`
`(fig. 22; paragraphs 0216-0225; wherein beam load is used for scheduling beam
`
`allocation). Therefore, it would have been obvious to a person having ordinary skill in
`
`the art before the effective filing date of the claimed invention to modify the teachings of
`
`

`

`Application/Control Number: 15/404,992
`Art Unit: 2466
`
`Page 9
`
`Roy with the teachings of Hong in order to increase efficiency and quality of service
`
`(Hong: paragraph 0274).
`
`Regarding claim 6 Roy in view of Hong disclose the wireless communication
`
`device according to claim 1, wherein the 1st to Mth communication processors use a
`
`millimeter wave band (Roy: col. 9, lines 10-14).
`
`Regarding claims 8 and 9 Roy discloses a control device and a control method
`
`(millimeter wave base stations, col. 9, lines 10-14), comprising:
`
`a communicator, which in operation, connects to a wireless communication
`
`device including 1st to Mth communication processors (where M is an integer equal to or
`
`greater than 2), which in operation, each communicate with a wireless terminal, the
`
`wireless communication device using for the communication a beam in any of N
`
`directions (where N is an integer equal to or greater than 2) in one of the 1st to Mth
`
`communication processors that respectively correspond to 1st to Mth sectors (see figs. 8-
`
`10, 15-16, for example; wherein the m3 communicates with mobile stations using a
`
`beam), and the communicator receives information related to a handover determination,
`
`including a position in the 1st sector of the beam used by the 1st communication
`
`processor of the wireless communication device, a communication quality between the
`
`1st communication processor of the wireless communication device and the wireless
`
`terminal (col. 16, lines 20-35; col. 17, lines 4-25; col. 24, line 24 , col. 25, line 5];
`
`wherein Mb uses a directional radio environment map that comprises signal strength
`
`between the m3 and WTRU, position information, and trafi‘ic information, to determine
`
`whether WTRU should be handed overfrom afirst beam to a near-by beam); and
`
`

`

`Application/Control Number: 15/404,992
`Art Unit: 2466
`
`Page 10
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`a handover controller, which in operation, determines whether or not to perform
`
`handover of the lst communication processor of the wireless communication device by
`
`using the received information related to the handover determination (col. 1 6, lines 20-
`
`35; col. 17, lines 4-25; col. 24, line 24 , col. 25, line 5]; wherein Mb uses a directional
`
`radio environment map that comprises signal strength between the m3 and WTRU,
`
`position information, and trafi‘ic information, to determine whether WTR U should be
`
`handed over from a first beam to a near-by beam).
`
`Roy does not explicitly disclose determine whether or not to perform handover
`
`according to a value related to traffic on the 2nd communication processor in a 2nd sector
`
`adjacent to the lst sector. However, Hong in the same field of endeavor, discloses
`
`determine whether or not to perform handover according to a value related to traffic on
`
`the 2nd communication processor in a 2nd sector adjacent to the lst sector (fig. 22;
`
`paragraphs 0216-0225; wherein beam load is used for scheduling beam allocation).
`
`Therefore, it would have been obvious to a person having ordinary skill in the art before
`
`the effective filing date of the claimed invention to modify the teachings of Roy with the
`
`teachings of Hong in order to increase efficiency and quality of service (Hong:
`
`paragraph 0274).
`
`Conclusion
`
`16.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to AIXA A GUADALUPE—CRUZ whose telephone number is
`
`(571)270—7523. The examiner can normally be reached on Monday — Thursday 7AM — 6:30PM.
`
`