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
`
`15/538,145
`
`06/20/2017
`
`Osamu Kato
`
`731156.625USPC
`
`3211
`
`Seed IP Law Group LLP/Panason1e
`701 Fifth Avenue, Suite 5400
`Seattle, WA 98104
`
`LALCHINTHANG' VANNEILIAN
`
`ART UNIT
`
`2414
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`01/17/2019
`
`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.
`15/538,145
`Examiner
`VANNEILIAN LALCHINTHANG
`
`Applicant(s)
`Kato, Osamu
`Art Unit
`2414
`
`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 06/20/2017.
`[: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—17 is/are pending in the application.
`
`5a) Of the above claim(s)
`
`is/are withdrawn from consideration.
`
`E] Claim(s)
`
`is/are allowed.
`
`Claim(s) fl is/are rejected.
`
`[:1 Claim(s) _ is/are objected to.
`
`) ) ) )
`
`6 7
`
`8
`
`
`
`are subject to restriction and/or election requirement
`[j Claim(s)
`9
`* If any claims have been determined aflowabte. you may be eligible to benefit from the Patent Prosecution Highway program at a
`
`participating intellectual property office for the corresponding application. For more information, please see
`
`http://www.uspto.gov/patents/init events/pph/index.jsp or send an inquiry to PPeredback@uspto.gov.
`
`Application Papers
`10)[:] The specification is objected to by the Examiner.
`
`11). The drawing(s) filed on 06/20/2017 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”
`
`C)D None of the:
`
`1.. Certified copies of the priority documents have been received.
`
`2.[:] Certified copies of the priority documents have been received in Application No.
`
`3:] Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`
`** See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`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 20190103
`
`

`

`Application/Control Number: 15/538,145
`Art Unit: 2414
`
`Page 2
`
`DETAILED ACTION
`
`Notice of Pre-AIA or AIA Status
`
`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.
`
`The applicant filed preliminary amendment in 06/20/2017. Thus, claims 1-17 are
`
`pending in the application, including independent claims 1, 9-11, 16 and 17.
`
`Priority
`
`3.
`
`Receipt is acknowledged of certified copies of papers submitted under 35 U.S.C.
`
`119(a)-(d), which papers have been placed of record in the file.
`
`Information Disclosure Statement
`
`4.
`
`The information disclosure statement (IDS) submitted on 06/20/2017 is in
`
`compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure
`
`statement is being considered by the examiner.
`
`Claim Objection (minor informality)
`
`5.
`
`Claims 1 and 11 are objected to because of the following informality:
`
`Claims 1 and 11 recite the limitation "able/not able" in the claim language. However, the
`
`claim limitations "able/not able" are not positive recitations. Therefore, all claim
`
`limitations following "able/not able" have not been considered for examination. However
`
`the references do teach the above limitations.
`
`

`

`Application/Control Number: 15/538,145
`Art Unit: 2414
`
`Page 3
`
`Claim Objections
`
`6.
`
`Claims 9, 10, 16 and 17 are objected to because of the following informalities:
`
`Claim 9 is objected to because the claim itself is an independent claim and
`
`further recites “the communication system of claim 1” in line 1. Claim 10 is objected to
`
`because the claim itself is an independent claim and further recites “the communication
`
`system of claim 1” in line 1. Claim 16 is objected to because the claim itself is an
`
`independent claim and further recites “the communication system of claim 11” in line 1.
`
`Claim 17 is objected to because the claim itself is an independent claim and further
`
`recites “the communication system of claim 11” in line 1. Since an independent claim is
`
`performing the steps of dependent claim, it is not compliant with C.F.R 1.75. (See
`
`MPEP 608 and 37 C.F.R. 1.75 Under Claims).
`
`Appropriate corrections are required.
`
`Claim Rejections - 35 USC § 103
`
`7.
`
`The following is a quotation of 35 U.S.C. 103 which forms the basis for all
`
`obviousness rejections set forth in this Office action:
`
`A patent for a claimed invention may not be obtained, notwithstanding that the claimed
`invention is not identically disclosed as set forth in section 102 of this title, if the differences
`between the claimed invention and the prior art are such that the claimed invention as a whole
`would have been obvious before the effective filing date of the claimed invention to a person
`having ordinary skill in the art to which the claimed invention pertains. Patentability shall not
`be negated by the manner in which the invention was made.
`
`

`

`Application/Control Number: 15/538,145
`Art Unit: 2414
`
`Page 4
`
`Claims 1-6, and 9-17 are rejected under 35 U.S.C. 103 as being unpatentable over Abu-
`
`Surra et al. [hereinafter as Abu-Surra], US 8839078 B2 in view of Obuchi et al.
`
`[hereinafter as Obuchi], US 2012/0327761 A1.
`
`Regarding claim 1, Abu-Surra discloses a communication system in which a
`
`transmitting device and at least one receiving device are connected to each other
`
`(Fig. 1&8 Col 3 lines 51-53, a wireless communication system and Fig.8 Col 11 lines 10-
`
`16, a wireless communication system in which a transmitting device 400 and at least
`
`one receiving device 450 are connected to each other),
`
`wherein the transmitting device includes a packet generator that generates k (k: an
`
`integer of 2 or more) number of data packets as transmission targets (Fig.3 Col 5 lines
`
`48-51, a packet generator of AL-FEC component transmitter is generating k (k: an
`
`integer of 2 or more) number of data packets as transmission targets and Fig.4 Col 6
`
`lines 62-67, k is an integer of 2 or more),
`
`a coder that generates n (> k) number of coded packets by coding the k number of
`
`generated data packets (Fig.3 Col 5 lines 51 -53, coder of AL-FEC component is
`
`generating n number of coded packets n which is greater than k number of coded
`
`packet by coding the k source symbols generated data packets and Fig.4 Col 7 lines
`
`38-41, the AL-FEC component 420 at the transmitting device 400 is generating n (>k)
`
`number of AL-FEC coded and Fig.9 Col 11 lines 62-64, n>k number of coded symbols
`
`packet and Fig.6 Col 9 lines 42-48, packets are encoded in the AL-FEC coder),
`
`a transmission controller that instructs that the coded packets are to be transmitted or
`
`the transmission of the coded packets is to be interrupted (Fig. 1&4 Col 2 lines 14-28, a
`
`controller coupled to the transmitter and the controller transmits application layer
`
`

`

`Application/Control Number: 15/538,145
`Art Unit: 2414
`
`Page 5
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`forward error correction (AL-FEC) capability information that instructs that the coded
`
`packets are to be transmitted and Fig.2A-B Col 4 lines 14-28, one or more controllers of
`
`wireless communication device is implementing the paths for the coded packets are to
`
`be transmitted and Fig.4 Col 6 lines 20-26, the coded packets being transmitted from
`
`the transmitting device 400 to the receiving device 450), and
`
`a first transmitter that sequentially transmits the generated coded packets in response
`
`to a transmission instruction from the transmission controller (Fig.5A-B Col 8 lines 53-
`
`56, AN PAL of the first transmitter is sequentially transmitting the generated coded
`
`packets and Fig.9 Col 5 lines 62-67, transmitter of the FEC encoder is sequentially
`
`transmitting the generated coded packets in response to a transmission instruction of
`
`bit-wise XOR from the transmission controller and Fig.8 Col 11 lines 10-19, first
`
`transmitter of the transmitting device 400 is transmitting the generated coded packets to
`
`the receiving device 450),
`
`the receiving device includes a receiver that receives the transmitted coded packets
`
`(Fig.3 Col 5 lines 53-55, a receiver is receiving the transmitted coded symbols packets
`
`and Fig.8 Col 11 lines 22-24, the receiving device 450 is receiving the transmitted
`
`encoded systematic (e. g. data) packets and repair packets 830),
`
`a decoder that decodes the received coded packets (Fig.3 Col 5 lines 55-56, the
`
`decoder of receiver is decoding the received coded symbols packets and Fig.8 Col 11
`
`lines 24-26, decoder of the receiving device 450 is decoding the received coded
`
`packet).
`
`However, Abu-Surra does not explicitly disclose wherein a second transmitter
`
`that transmits a transmission interruption request packet for requesting transmission
`
`

`

`Application/Control Number: 15/538,145
`Art Unit: 2414
`
`Page 6
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`interruption of the coded packets to the transmitting device in a case where a first
`
`condition in which the coded packets are able to be decoded in the decoder is satisfied,
`
`and the transmission controller causes the first transmitter to interrupt the transmission
`
`of the coded packets in response to the transmission interruption request packet.
`
`In the same field of endeavor, Obuchi teaches wherein a second transmitter that
`
`transmits a transmission interruption request packet for requesting transmission
`
`interruption of the coded packets to the transmitting device in a case where a first
`
`condition in which the coded packets are able to be decoded in the decoder is satisfied
`
`(Fig. 1&5 [0090] lines 1-5, second transmitter that transmits the request packet and Fig.5
`
`[0086] lines 1 -4, requesting transmission interruption of the coded packets to the
`
`transmitting device in accordance with the transmission stop control unit 128 which
`
`controls a response information creating process performed by the response
`
`information creating unit 131 and Fig. 8-9 [0126] lines 1 -14, the transmission stop control
`
`unit 128 transmits the request packet to the transmitting device (i. e., base station 900)
`
`not to transmit the response (ACK/NA CK) information), and
`
`the transmission controller causes the first transmitter to interrupt the transmission of
`
`the coded packets in response to the transmission interruption request packet (Fig.5
`
`[0088] lines 1-4, the response information creating unit 131 and the transmission stop
`
`control unit 128 cause the first transmitter to interrupt the transmission of the coded
`
`packets on the basis of the error detection result obtained by the TB error detecting unit
`
`126 and Fig.5 [0140] lines 1-3, the control information analyzing unit 114 causes the
`
`first transmitter to interrupt the transmission of the coded packets by analyzing a control
`
`packet).
`
`

`

`Application/Control Number: 15/538,145
`Art Unit: 2414
`
`Page 7
`
`Therefore, it would have been obvious to one with ordinary skill in the art at the
`
`time of the invention was filed to have modified Abu-Surra to incorporate the teaching of
`
`Obuchi in order to achieve low packet loss rate and reliable communication.
`
`It would have been beneficial to use the response information creating unit 131
`
`which creates response information on the basis of the error detection result obtained
`
`by the TB error detecting unit 126 and the instruction from the transmission stop control
`
`unit 128 and, the control information analyzing unit 114 illustrated in FIG.5 which can
`
`acquire the number of code blocks included in a transport block by analyzing a control
`
`packet as taught by Obuchi to have incorporated in the system of Abu-Surra to provide
`
`packet-level protection to the arbitrary flows. (Obuchi, Fig.5 [0088] lines 1-4 and Fig.5
`
`[0140] lines 1-3)
`
`Regarding claim 2, Abu-Surra and Obuchi disclose all the elements of claim 1 as
`
`stated above wherein Obuchi further discloses a counter that counts the number of
`
`normally received coded packets (Fig.5 Step S105 [0097] lines 9-11, the error counting
`
`unit 127 counts the number of normally received coded packets), and
`
`a reception controller that instructs the second transmitter to transmit the transmission
`
`interruption request packet in a case where the number of normally received coded
`
`packets is k' (2 k) as the first condition (Fig.5-7 Step S108 [0099] lines 1-4, the number
`
`of normally received coded packets has no error detected in the transport block by the
`
`TB error detecting unit 126 (No at Step S 107) and thus the controller instructs the radio
`
`transmitting unit 133 to transmit the response ACK information).
`
`

`

`Application/Control Number: 15/538,145
`Art Unit: 2414
`
`Page 8
`
`Regarding claim 3, Abu-Surra and Obuchi disclose all the elements of claim 2 as
`
`stated above wherein Obuchi further discloses the reception controller instructs the
`
`decoder to decode the k number of data packets using the k' number of normally
`
`received coded packets (Fig.5 [0140] lines 1-6, the control information analyzing unit
`
`1 14 instructs error correction decoding unit 124 of the data packet processing unit 120
`
`to decode the number of acquired code blocks and Fig.5-7 [0130] lines 5-1 1, using the
`
`number of normally received blocks in a transport block).
`
`Regarding claim 4, Abu-Surra and Obuchi disclose all the elements of claim 2 as
`
`stated above wherein Obuchi further discloses the counter counts the number of
`
`abnormally received coded packets (Fig.5 Step S105 [0097] lines 9-11, the error
`
`counting unit 127 counts the number of abnormally received coded packets), and
`
`the reception controller instructs the second transmitter to transmit the transmission
`
`interruption request packet in a case where the number of abnormally received coded
`
`packets is (n - k' + 1) as the first condition (Fig.5-7 Step 81 10[0101] lines 5-7, the
`
`number of abnormally received coded packets has error detected and thus the
`
`controller instructs the radio transmitting unit 133 to transmit the response NA CK
`
`information).
`
`Regarding claim 5, Abu-Surra and Obuchi disclose all the elements of claim 1 as
`
`stated above wherein Abu-Surra further discloses N (N: an integer of 2 or more) number
`
`

`

`Application/Control Number: 15/538,145
`Art Unit: 2414
`
`Page 9
`
`of receiving devices are connected with the transmitting device (Fig.1 Col 6 lines 28-31,
`
`number of receiving devices 104-1 10 are connected with the transmitting device 102),
`
`the transmitting device further includes a transmission number setter that sets the
`
`number A (O s A< N) of coded packets to be transmitted in a case where the number X
`
`(1 s X s N) of receiving devices that transmit the transmission interruption request
`
`packet (Fig.2 Col 4 lines 52-56, a transmission number setter in the transmit path 200
`
`sets the numberA of coded packets to be transmitted and Fig.4 Col 6 lines 62-67,
`
`setting the number of coded to be transmitted), which corresponds to the number k' (>
`
`k) of normally received coded packets, is equal to or greater than a default value N' (<
`
`N) (Fig.4 Col 7 lines 18-19, the number of successfully received coded packets is equal
`
`to or greater than the default value).
`
`Additionally, Obuchi also discloses the transmission controller causes the first
`
`transmitter to interrupt the transmission of the coded packets in a case where the
`
`number A of set coded packets to be transmitted is zero (Fig.5 [0088] lines 1-4, the
`
`response information creating unit 131 and the transmission stop control unit 128 cause
`
`the first transmitter to interrupt the transmission of the coded packets on the basis of the
`
`error detection result obtained by the TB error detecting unit 126 and Fig. 1 1 [0122] lines
`
`1 -3, the number of the set coded packets to be transmitted is zero).
`
`Regarding claim 6, Abu-Surra and Obuchi disclose all the elements of claim 5 as
`
`stated above wherein Abu-Surra further discloses the transmission number setter
`
`selects a smaller value of a predetermined value and a calculation value corresponding
`
`to the number X of receiving devices that transmit the transmission interruption request
`
`

`

`Application/Control Number: 15/538,145
`Art Unit: 2414
`
`Page 10
`
`packet, as the number A of coded packets (Fig.4 Col 6 lines 62-67, selecting the smaller
`
`value of a predetermined value and a calculation value and Fig. 7 Col 10 lines 50-57, the
`
`transmission number setter in the transmit path 200 selects a smaller value of a
`
`predetermined value and a calculation value corresponding to the numberX of receiving
`
`devices that transmit the transmission interruption request packet, as the number A of
`
`coded packets).
`
`Regarding claim 9, Abu-Surra and Obuchi disclose all the elements of claim 1 as
`
`stated above wherein Abu-Surra further discloses a transmitting device of the
`
`communication system of Claim 1 (Fig.4 Col 6 lines 17-20, transmitting device 400 of
`
`the communication system).
`
`Regarding claim 10, Abu-Surra and Obuchi disclose all the elements of claim 1 as
`
`stated above wherein Abu-Surra further discloses a receiving device of the
`
`communication system of Claim 1 (Fig.4 Col 6 lines 17-20, receiving device 450 of the
`
`communication system).
`
`Regarding claim 11, Abu-Surra discloses a communication system in which a
`
`transmitting device and at least one receiving device are connected to each other
`
`(Fig. 1&8 Col 3 lines 51-53, a wireless communication system and Fig.8 Col 11 lines 10-
`
`15, a wireless communication system in which a transmitting device 400 and at least
`
`one receiving device 450 are connected to each other),
`
`

`

`Application/Control Number: 15/538,145
`Art Unit: 2414
`
`Page 11
`
`wherein the transmitting device includes a packet generator that generates k (k: an
`
`integer of 2 or more) number of data packets as transmission targets (Fig.3 Col 5 lines
`
`48-51, a packet generator of AL-FEC component transmitter is generating k (k: an
`
`integer of 2 or more) number of data packets as transmission targets and Fig.4 Col 6
`
`lines 62-67, k is an integer of 2 or more),
`
`a coder that generates n (> k) number of coded packets by coding the k number of
`
`generated data packets (Fig.3 Col 5 lines 51 -53, coder of AL-FEC component is
`
`generating n number of coded packets n which is greater than k number of coded
`
`packet by coding the k source symbols generated data packets and Fig.4 Col 7 lines
`
`38-41, the AL-FEC component 420 at the transmitting device 400 is generating n (>k)
`
`number of AL-FEC coded and Fig.9 Col 11 lines 62-64, n>k number of coded symbols
`
`packet and Fig.6 Col 9 lines 42-48, packets are encoded in the AL-FEC coder),
`
`a transmission controller that instructs that the coded packets are to be transmitted or
`
`the transmission of the coded packets is to be interrupted (Fig. 1&4 Col 2 lines 14-28, a
`
`controller coupled to the transmitter and the controller transmits application layer
`
`forward error correction (AL-FEC) capability information that instructs that the coded
`
`packets are to be transmitted and Fig.2A-B Col 4 lines 14-28, one or more controllers of
`
`wireless communication device is implementing the paths for the coded packets are to
`
`be transmitted and Fig.4 Col 6 lines 20-26, the coded packets being transmitted from
`
`the transmitting device 400 to the receiving device 450), and
`
`a first transmitter that sequentially transmits the generated coded packets in response
`
`to a transmission instruction from the transmission controller (Fig.5A-B Col 8 lines 53-
`
`56, AN PAL of the first transmitter is sequentially transmitting the generated coded
`
`

`

`Application/Control Number: 15/538,145
`Art Unit: 2414
`
`Page 12
`
`packets and Fig.9 Col 5 lines 62-67, transmitter of the FEC encoder is sequentially
`
`transmitting the generated coded packets in response to a transmission instruction of
`
`bit-wise XOR from the transmission controller and Fig.8 Col 11 lines 10-19, first
`
`transmitter of the transmitting device 400 is transmitting the generated coded packets to
`
`the receiving device 450),
`
`the receiving device includes a receiver that receives the transmitted coded packets
`
`(Fig.3 Col 5 lines 53-55, a receiver is receiving the transmitted coded symbols packets
`
`and Fig.8 Col 11 lines 22-24, the receiving device 450 is receiving the transmitted
`
`encoded systematic (e. g. data) packets and repair packets 830),
`
`a decoder that decodes the received coded packets (Fig.3 Col 5 lines 55-56, the
`
`decoder of receiver is decoding the received coded symbols packets and Fig.8 Col 11
`
`lines 24-26, decoder of the receiving device 450 is decoding the received coded
`
`packet).
`
`However, Abu-Surra does not explicitly disclose wherein a second transmitter
`
`that transmits a transmission interruption request packet for requesting transmission
`
`interruption of the coded packets to the transmitting device in a case where a first
`
`condition in which the coded packets are not able to be decoded in the decoder is
`
`satisfied, and the transmission controller causes the first transmitter to interrupt the
`
`transmission of the coded packets in response to the transmission interruption request
`
`packet.
`
`In the same field of endeavor, Obuchi teaches wherein a second transmitter that
`
`transmits a transmission interruption request packet for requesting transmission
`
`interruption of the coded packets to the transmitting device in a case where a first
`
`

`

`Application/Control Number: 15/538,145
`Art Unit: 2414
`
`Page 13
`
`condition in which the coded packets are not able to be decoded in the decoder is
`
`satisfied (Fig.1 & 5 [0090] lines 1-5, second transmitter that transmits the request packet
`
`and Fig.5 [0086] lines 1-4, requesting transmission interruption of the coded packets to
`
`the transmitting device in accordance with the transmission stop control unit 128 which
`
`controls a response information creating process performed by the response
`
`information creating unit 131 and Fig. 8-9 [0126] lines 1 -14, the transmission stop control
`
`unit 128 transmits the request packet to the transmitting device (i. e., base station 900)
`
`not to transmit the response (A CK/NA CK) information in which the coded packets are
`
`not able to be decoded in the decoder), and
`
`the transmission controller causes the first transmitter to interrupt the transmission of
`
`the coded packets in response to the transmission interruption request packet (Fig.5
`
`[0088] lines 1-4, the response information creating unit 131 and the transmission stop
`
`control unit 128 cause the first transmitter to interrupt the transmission of the coded
`
`packets on the basis of the error detection result obtained by the TB error detecting unit
`
`126 and Fig.5 [0140] lines 1-3, the control information analyzing unit 114 causes the
`
`first transmitter to interrupt the transmission of the coded packets by analyzing a control
`
`packet).
`
`Therefore, it would have been obvious to one with ordinary skill in the art at the
`
`time of the invention was filed to have modified Abu-Surra to incorporate the teaching of
`
`Obuchi in order to achieve low packet loss rate and reliable communication.
`
`It would have been beneficial to use the response information creating unit 131
`
`which creates response information on the basis of the error detection result obtained
`
`by the TB error detecting unit 126 and the instruction from the transmission stop control
`
`

`

`Application/Control Number: 15/538,145
`Art Unit: 2414
`
`Page 14
`
`unit 128 and, the control information analyzing unit 114 illustrated in FIG.5 which can
`
`acquire the number of code blocks included in a transport block by analyzing a control
`
`packet as taught by Obuchi to have incorporated in the system of Abu-Surra to provide
`
`packet-level protection to the arbitrary flows. (Obuchi, Fig.5 [0088] lines 1-4 and Fig.5
`
`[0140] lines 1-3)
`
`Regarding claim 12, Abu-Surra and Obuchi disclose all the elements of claim 11 as
`
`stated above wherein Obuchi further discloses a counter that counts the number of
`
`abnormally received coded packets (Fig.5 [0097] lines 1-11, the error counting unit 127
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`counts the number of abnormally received coded packets), and
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`a reception controller that instructs the second transmitter to transmit the transmission
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`interruption request packet in a case where the number of abnormally received coded
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`packets is (n - k' + 1) (k S k' < n) as the first condition (Fig.5-7[0100] lines 1-5, the
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`number of abnormally received coded packets has error detected in the transport block
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`by the TB error detecting unit 126 (Yes at Step 8 107) and thus the controller instructs
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`the radio transmitting unit 133 to transmit the response NACK information).
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`Regarding claim 13, Abu-Surra and Obuchi disclose all the elements of claim 12 as
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`stated above wherein Obuchi further discloses the reception controller instructs the
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`decoder to decode the k number of data packets using the (n - k' + 1) number of
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`abnormally received coded packets (Fig.5 [0140] lines 1-6, the control information
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`analyzing unit 1 14 instructs error correction decoding unit 124 of the data packet
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`

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`Application/Control Number: 15/538,145
`Art Unit: 2414
`
`Page 15
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`processing unit 120 to decode the number of acquired code blocks and Fig.5-7 [0130]
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`lines 5-1 1, using the number of abnormally received blocks in a transport block).
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`Regarding claim 14, Abu-Surra and Obuchi disclose all the elements of claim 11 as
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`stated above wherein Abu-Surra further discloses N (N: an integer of 2 or more) number
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`of receiving devices are connected with the transmitting device (Fig.1 Col 6 lines 28-31,
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`number of receiving devices 104-1 10 are connected with the transmitting device 102),
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`the transmitting device further includes a transmission number setter that sets the
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`number B (0 S B< N) of coded packets to be transmitted in a case where the number Y
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`(1 s Y s N) of receiving devices that transmit the transmission interruption request
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`packet (Fig.2 Col 4 lines 52-56, a transmission number setter in the transmit path 200
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`sets the numberA of coded packets to be transmitted and Fig.4 Col 6 lines 62-67,
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`setting the number of coded to be transmitted),
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`which corresponds to the number (n - k' + 1) (k < k' < n) of abnormally received coded
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`packets, is equal to or greater than a default value N' (< N) (Fig. 10 Col 13 lines 36-39,
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`the number Y of receiving devices which corresponds to the number of abnormally
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`received coded packets, is equal to or greater than a threshold).
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`Additionally, Obuchi also discloses the transmission controller causes the first
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`transmitter to interrupt the transmission of the coded packets in a case where the
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`number B of set coded packets to be transmitted is zero (Fig.5 [0088] lines 1-4, the
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`response information creating unit 131 and the transmission stop control unit 128 cause
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`the first transmitter to interrupt the transmission of the coded packets on the basis of the
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`

`

`Application/Control Number: 15/538,145
`Art Unit: 2414
`
`Page 16
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`error detection result obtained by the TB error detecting unit 126 and Fig. 1 1 [0122] lines
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`1 -3, the number of the set coded packets to be transmitted is zero).
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`Regarding claim 15, Abu-Surra and Obuchi disclose all the elements of claim 14 as
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`stated above wherein Abu-Surra further discloses the transmission number setter
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`selects a smaller value of a predetermined value and a calculation value corresponding
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`to the number Y of receiving devices that transmit the transmission interruption request
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`packet, as the number B of coded packets to be transmitted (Fig.4 Col 6 lines 62-67,
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`selecting the smaller value of a predetermined value and a calculation value and Fig. 7
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`Col 10 lines 50-57, the transmission number setter in the transmit path 200 selects a
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`smaller value of a predetermined value and a calculation value).
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`Regarding claim 16, Abu-Surra and Obuchi disclose all the elements of claim 11 as
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`stated above wherein Abu-Surra further discloses a transmitting device of the
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`communication system of Claim 1 (Fig.4 Col 6 lines 17-20, transmitting device 400 of
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`the communication system).
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`Regarding claim 17, Abu-Surra and Obuchi disclose all the elements of claim 11 as
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`stated above wherein Abu-Surra further discloses a receiving device of the
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`communication system of Claim 11 (Fig.4 Col 6 lines 17-20, receiving device 450 of the
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`communication system).
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`

`

`Application/Control Number: 15/538,145
`Art Unit: 2414
`
`Page 17
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`Claims 7 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Abu-Surra
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`in view of Obuchi further in view of Nicolas et al. [hereinafter as Nicolas], US 9106265
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`B2.
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`Regarding claim 7, Abu-Surra and Obuchi disclose all the elements of claim 1 as
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`stated above wherein Abu-Surra further discloses N (N: an integer of 2 or more) number
`
`of receiving devices are connected with the transmitting device (Fig.1 Col 6 lines 28-31,
`
`number of receiving devices 104-110 are connected with the transmitting device 102),
`
`the transmitting device further includes a transmission number setter that sets the
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`number C of coded packets to be transmitted in a case where the sum of the number X
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`(1 s X s N) of receiving devices that transmit a first transmission interruption request
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`packet (Fig.2 Col 4 lines 52-56, a transmission number setter in the transmit path 200
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`sets the number C of coded packets to be transmitted and Fig.4 Col 6 lines 62-67,
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`setting the number of coded to be transmitted), which corresponds to the number of
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`normally received coded packets k' (> k) (Fig.4 Col 7 lines 18-19, the number of
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`successfully received coded packets is equal to or greater than the default value), and,
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`which corresponds to the number (n - k' + 1) of abnormally received coded packets, is
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`equal to or greater than a default value N' (<N) (Fig. 10 Col 13 lines 36-39, the number Y
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`of receiving devices7 which corresponds to the number of abnormally received coded
`
`packets, is equal to or greater than a threshold).
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`Additionally, Obuchi also discloses the transmission controller causes the first
`
`transmitter to interrupt the transmission of the coded packets in a case where the
`
`

`

`Application/Control Number: 15/538,145
`Art Unit: 2414
`
`Page 18
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`number C of set coded packets to be transmitted is zero (Fig.5 [0088] lines 1-4, the
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`response information creating unit 131 and the transmission stop control unit 128 cause
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`the first transmitter to interrupt the transmission of the coded packets on the basis of the
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`error detection result obtained by the TB error det