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
`
`15/772,505
`
`04/30/2018
`
`Tetsuya Yamamoto
`
`733456.565USPC
`
`1444
`
`Seed IP Law Group LLP/Panason1e (PIPCA)
`701 5th Avenue, Suite 5400
`Seattle, WA 98104
`
`KOETH' MICHELLE M
`
`ART UNIT
`
`2658
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`02/07/2019
`
`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.
`15/772,505
`Examiner
`MICHELLE M KOETH
`
`Applicant(s)
`Yamamoto et al.
`Art Unit
`AIA Status
`2632
`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 4/30/2018.
`[: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)
`
`11—32 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) 11—32 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 4/30/2018 is/are: a). accepted or b)E] 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 Datew.
`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 20190201
`
`

`

`Application/Control Number: 15/772,505
`Art Unit: 2632
`
`Page 2
`
`DETAILED ACTION
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`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 following is a quotation of 35 U.S.C. 112(f):
`
`Claim Interpretation
`
`(f) Element in Claim for a Combination. — An element in a claim for a combination may be
`expressed as a means or step for performing a specified function without the recital of
`structure, material, or acts in support thereof, and such claim shall be construed to cover the
`corresponding structure, material, or acts described in the specification and equivalents
`thereof.
`
`The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
`
`An element in a claim for a combination may be expressed as a means or step for performing
`a specified function without the recital of structure, material, or acts in support thereof, and
`such claim shall be construed to cover the corresponding structure, material, or acts
`described in the specification and equivalents thereof.
`
`3.
`
`The claims in this application are given their broadest reasonable interpretation
`
`using the plain meaning of the claim language in light of the specification as it would be
`
`understood by one of ordinary skill in the art. The broadest reasonable interpretation of
`
`a claim element (also commonly referred to as a claim limitation) is limited by the
`
`description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth
`
`paragraph, is invoked.
`
`As explained in MPEP § 2181, subsection I, claim limitations that meet the
`
`following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35
`
`U.S.C. 112, sixth paragraph:
`
`

`

`Application/Control Number: 15/772,505
`Art Unit: 2632
`
`Page 3
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`(A)
`
`the claim limitation uses the term “means” or “step” or a term used as a substitute
`
`for “means” that is a generic placeholder (also called a nonce term or a non-
`
`structural term having no specific structural meaning) for performing the claimed
`
`function;
`
`(B)
`
`the term “means” or “step” or the generic placeholder is modified by functional
`
`language, typically, but not always linked by the transition word “for” (e.g.,
`
`“means for”) or another linking word or phrase, such as “configured to” or “so
`
`that”; and
`
`(C)
`
`the term “means” or “step” or the generic placeholder is not modified by sufficient
`
`structure, material, or acts for performing the claimed function.
`
`Use of the word “means” (or “step”) in a claim with functional language creates a
`
`rebuttable presumption that the claim limitation is to be treated in accordance with 35
`
`U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim
`
`limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth
`
`paragraph, is rebutted when the claim limitation recites sufficient structure, material, or
`
`acts to entirely perform the recited function.
`
`Absence of the word “means” (or “step”) in a claim creates a rebuttable
`
`presumption that the claim limitation is not to be treated in accordance with 35 U.S.C.
`
`112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim
`
`limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth
`
`paragraph, is rebutted when the claim limitation recites function without reciting
`
`sufficient structure, material or acts to entirely perform the recited function.
`
`

`

`Application/Control Number: 15/772,505
`Art Unit: 2632
`
`Page 4
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`Claim limitations in this application that use the word “means” (or “step”) are
`
`being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph,
`
`except as otherwise indicated in an Office action. Conversely, claim limitations in this
`
`application that do not use the word “means” (or “step”) are not being interpreted under
`
`35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise
`
`indicated in an Office action.
`
`4.
`
`This application includes one or more claim limitations that do not use the word
`
`“means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35
`
`U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder
`
`that is coupled with functional language without reciting sufficient structure to perform
`
`the recited function and the generic placeholder is not preceded by a structural modifier.
`
`Such claim limitations are: “controller, which
`
`punctures” in claim 11, “controller, which
`
`sets” in claims 16 and 19, and “controller switches,” in claims 17 and 20.
`
`Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C.
`
`112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to
`
`cover the corresponding structure described in the specification as performing the
`
`claimed function, and equivalents thereof. Specifically, the controller of claims 11, 16,
`
`19, 17 and 20 is control section 209 in fig. 8, with functionality thereof, disclosed in
`
`paras. [0035], and corresponding structure in paras. [0191]—[0194].
`
`lf applicant does not intend to have this/these limitation(s) interpreted under 35
`
`U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may:
`
`(1) amend the
`
`claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA
`
`35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the
`
`

`

`Application/Control Number: 15/772,505
`Art Unit: 2632
`
`Page 5
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`claimed function); or (2) present a sufficient showing that the claim |imitation(s) recite(s)
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`sufficient structure to perform the claimed function so as to avoid it/them being
`
`interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
`
`Claim Rejections - 35 USC § 102
`
`5.
`
`In the event the determination of the status of the application as subject to AIA 35
`
`U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any
`
`correction of the statutory basis for the rejection will not be considered a new ground of
`
`rejection if the prior art relied upon, and the rationale supporting the rejection, would be
`
`the same under either status.
`
`6.
`
`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that
`
`form the basis for the rejections under this section made in this Office action:
`
`A person shall be entitled to a patent unless —
`
`(a)(1) the claimed invention was patented, described in a printed publication, or in public use,
`on sale or otherwise available to the public before the effective filing date of the claimed
`invention.
`
`7.
`
`Claims 11 and 22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated
`
`by Papasakellariou (US 2016/0337157 A1, herein “Papasakellariou”).
`
`8.
`
`Regarding claims 11 and 22, with differences between the claims denoted as
`
`[claim 11/claim 22], Papasakellariou teaches [a communication terminal comprising/ a
`
`transmission method comprising] (Papasakellariou para. [0044], UE 114 and
`
`operations thereof):
`
`[a controller (Papasakellariou paras. [0047]-[0048], processor 240), which,/]
`
`when a first narrowband to be used for a first subframe is different from a second
`
`

`

`Application/Control Number: 15/772,505
`Art Unit: 2632
`
`Page 6
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`narrowband to be used for a second subframe (Papasakellariou paras. [0095]—[0097],
`
`fig. 10, first narrowband 1010 and second narrowband 1020 in different frequency
`
`bands for PUCCH transmission of SFs (subframes —see para. [0065] which defines SF
`
`as subframe», wherein the second subframe follows the first subframe,
`
`[punctures/puncturing] a last one symbol of the first subframe and a first one symbol of
`
`the second subframe to set the symbols as retuning time (Papasakellariou fig. 10, para.
`
`[0100], for retuning a PUCCH transmission is punctured in the last SF symbol of the last
`
`repetition in the second narrowband and in the first SF symbol of the first repetition in
`
`the first narrowband, where for retuning, the second narrowband in fig. 10 becomes the
`
`first, and the first becomes the second (thus continuing to meet the “second subframe
`
`follows the first subframe” limitation»; and
`
`[a transmitter (Papasakellariou fig. 2, para. [0044], transceiver 210 and TX
`
`processing circuitry 215), which, in operation, transmits/transmitting] uplink data in the
`
`first narrowband and the second narrowband (Papasakellariou para. [0046], and [0067],
`
`UE transmits data, where the UE transmits reference signals only through bandwidth of
`
`respective PUCCH at predetermined SFs, where para. [0096] teaches that the UE
`
`transmits PUCCH transmissions in the first and second narrowband as illustrated in fig.
`
`10).
`
`Claim Rejections - 35 USC § 103
`
`9.
`
`In the event the determination of the status of the application as subject to AIA 35
`
`U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any
`
`

`

`Application/Control Number: 15/772,505
`Art Unit: 2632
`
`Page 7
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`correction of the statutory basis for the rejection will not be considered a new ground of
`
`rejection if the prior art relied upon, and the rationale supporting the rejection, would be
`
`the same under either status.
`
`10.
`
`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, 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.
`
`11.
`
`The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148
`
`USPQ 459 (1966), that are applied for establishing a background for determining
`
`obviousness under 35 U.S.C. 103 are summarized as follows:
`
`1. Determining the scope and contents of the prior art.
`
`2. Ascertaining the differences between the prior art and the claims at issue.
`
`3. Resolving the level of ordinary skill in the pertinent art.
`
`4. Considering objective evidence present in the application indicating
`
`obviousness or nonobviousness.
`
`12.
`
`Claims 13-14, 24-25 are rejected under 35 U.S.C. 103 as being unpatentable
`
`over Papasakellariou (US 2016/0337157 A1, herein “Papasakellariou”).
`
`13.
`
`Regarding claims 13 and 24, with differences between the claims denoted as
`
`[claim 13/claim 24], Papasakellariou teaches [wherein the controller switches from/] the
`
`first narrowband [/is switched] to the second narrowband by frequency hopping
`
`(Papasakellariou para. [0086], frequency hopping can be used by the UE in PUCCH
`
`transmission of the narrowband reference signals).
`
`

`

`Application/Control Number: 15/772,505
`Art Unit: 2632
`
`Page 8
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`While Papasakellariou teaches that frequency hopping is used on narrowband
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`reference signals in PUCCH, and in para. [0100] teaches that PUCCH is conducted with
`
`a first and second narrowband as claimed, Papasakellariou does not explicitly disclose
`
`the frequency hopping teachings as being part of the embodiment disclosed regarding
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`the first and second narrowband PUCCH signals.
`
`However, it would have been obvious to one having ordinary skill in the art before
`
`the effective filing date of the claimed invention to have modified the teachings of
`
`PUCCH disclosed in para. [0100] with the frequency hopping disclosed in para. [0086],
`
`at least as doing so would provide significant gains in reception reliability and reduce a
`
`number of repetitions for achieving a CE level (see Papasakellariou para. [0086]).
`
`14.
`
`Regarding claims 14 and 25, Papasakaellariou teaches wherein the first
`
`narrowband and the second narrowband (Papasakellariou para. [0100], UEs
`
`transmitting in PUCCH a first and second narrowband) are set for MTC (Machine Type
`
`Communication) terminals (Papasakellariou paras. [0083]-[0084], UEs supporting
`
`MTCs).
`
`While Papasakellariou teaches that UEs support MTCs, and in para. [0100]
`
`teaches that PUCCH is conducted with a first and second narrowband as claimed,
`
`Papasakellariou does not explicitly disclose the UEs supporting MTCs as being part of
`
`the embodiment disclosed regarding the first and second narrowband PUCCH signals.
`
`However, it would have been obvious to one having ordinary skill in the art before
`
`the effective filing date of the claimed invention to have modified the teachings of
`
`PUCCH disclosed in para. [0100] with UEs supporting MTCs as disclosed in paras.
`
`

`

`Application/Control Number: 15/772,505
`Art Unit: 2632
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`Page 9
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`[0083]-[0084], at least as doing so would provide automation of various devices in a
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`network (see Papasakellariou para. [0083]).
`
`15.
`
`Claims 12 and 23 are rejected under 35 U.S.C. 103 as being unpatentable
`
`over Papasakellariou, as set forth above regarding claim 11 from which claim 12
`
`depends, and claim 22 from which claim 23 depends, and further in view of Yum
`
`et al., (US 2018/0069612, herein “Yum”).
`
`16.
`
`Regarding claims 12 and 23, with differences between the claims denoted
`
`using [claim 12/ claim 23], Papasakellariou teaches wherein, when the first narrowband
`
`to be used for the first subframe is different from the second narrowband to be used for
`
`the second subframe (Papasakellariou fig. 11 , para. [0100], first narrowbad and second
`
`narrowband are in different frequency bands and subframes).
`
`Papasakellariou does not explicitly teach [the transmitter transmits a CQI signal /
`
`a CQI signal is transmitted] in the first narrowband and the second narrowband.
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`Yum teaches [the transmitter transmits a CQI signal/ a CQI signal is transmitted]
`
`in the first narrowband and the second narrowband (Yum paras. [0160]-[0161], UE
`
`measures and reports a CQI for each narrowband under narrowband hopping, where
`
`there are at least narrowband 0 and narrowband 1).
`
`Therefore, taking the teachings of Papasakellariou and Yum together as a whole,
`
`it would have been obvious to one having ordinary skill in the art before the effective
`
`filing date of the claimed invention to have modified the UE and operations thereof of
`
`Papasakellariou with the CQI reporting as disclosed in Yum at least because doing so
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`would allow for efficient channel-related feedback and resource use (Yum para. [0021]).
`
`

`

`Application/Control Number: 15/772,505
`Art Unit: 2632
`
`Page 10
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`17.
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`Claims 15 and 26 are rejected under 35 U.S.C. 103 as being unpatentable
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`over Papasakellariou, as set forth above regarding claim 11 from which claim 15
`
`depends, and further in view of Chen et al., (US 2013/0322363 A1, herein “Chen”)
`
`and in further view of Nakao et al., "Performance Enhancement of E-UTRA Uplink
`
`Control Channel in Fast Fading Environments," VTC Spring 2009 - IEEE 69th
`
`Vehicular Technology Conference, Barcelona, 2009, pp. 1-5 (herein “Nakao NPL”).
`
`18.
`
`Regarding claims 15 and 26, with differences between the claims denoted as
`
`[claim 15 / claim 26], Papasakellariou teaches wherein, when the first narrowband to be
`
`used for the first subframe is different from the second narrowband to be used for the
`
`second subframe [, the transmitter, which is to be transmitted in/ to be used for] the first
`
`subframe and the second subframe (Papasakellariou para. [0096], HARQ-ACK
`
`information is transmitted in a PUCCH in first and second subframes different from each
`
`other), and, after that, [the transmitter transmits ACK/NACK and / ACK/NACK mapped
`
`to the first subframe is transmitted] [transmits ACK/NACK mapped to the second
`
`subframe / and ACK/NACK mapped to the second subframe is transmitted] in symbols
`
`other than the first one symbol (Papasakellariou para. [0098], fig. 11, in a first slot, the
`
`UE suspends HARQ-ACK transmission, but transmits the HARQ-A CK otherwise as
`
`shown in fig. 11).
`
`Papasakellariou does not explicitly teach [“spreads ACK/NACK to downlink
`
`data,”/ “ACK/NACK to downlink data” “is spread using a shortened PUCCH format”] or
`
`“using a shortened PUCCH format,” or “mapped to the first subframe according to the
`
`shortened PUCCH format.”
`
`

`

`Application/Control Number: 15/772,505
`Art Unit: 2632
`
`Page 11
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`Chen teaches using a shortened PUCCH format (Chen paras. [0172]-[0173],
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`shortened PUCCH format is configured for use in the uplink).
`
`Chen further teaches mapped to the first subframe according to the shortened
`
`PUCCH format (Chen paras. [0173], shortened PUCCH carrying ACK/NACK (thus
`
`mapped) and where para. [0174] teaches that the shortened PUCCH format is used for
`
`HARQ-A CK subframes).
`
`Nakao NPL teaches spreads ACK/NACK to downlink data (Nakao NPL pages 1-
`
`2, sections A and B, fig. 2, ACK/NA CK signals spread by cyclic shift sequences to
`
`resource signals (R83) which are based on the result of the reception of downlink data).
`
`Therefore, taking the teachings of Papasakellariou and Chen together as a
`
`whole, it would have been obvious to one having ordinary skill in the art before the
`
`effective filing date of the claimed invention to have modified the UE of Papasakellariou
`
`with the shortened PUCCH used for HARQ-ACK subframes as disclosed in Chen at
`
`least because doing so would allow for transmitting two or more UL channels/signals in
`
`one subframe (Chen para. [0172]).
`
`Further, taking the teachings of Papasakellariou and Nakao NPL together as a
`
`whole, it would have been obvious to one having ordinary skill in the art before the
`
`effective filing date of the claimed invention to have modified the UE and operations
`
`thereof of Papasakellariou with spreading of ACK/NACK to downlink data as disclosed
`
`in Nakao NPL at least because doing so would allow for multiplexing up to three signals
`
`from different UEs, thus providing some transmission efficiencies (see Nakao NPL page
`
`2, section B (2)).
`
`

`

`Application/Control Number: 15/772,505
`Art Unit: 2632
`
`Page 12
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`19.
`
`Claims 16-21, and 27-32 are rejected under 35 U.S.C. 103 as being
`
`unpatentable by Papasakellariou in view of Nokia Networks, "Retuning Gaps for
`
`MTC," R1-155132, 3GPP TSG-RAN WGI Meeting #82bis, Agenda item: 7.2.1.1,
`
`Malmo, Sweden, October 5 - 9, 2015, 6 pages (herein “Nokia NPL”).
`
`20.
`
`Regarding claims 16 and 27, with differences between the claims denoted as
`
`[claim 16 / claim 27], Papasakellariou teaches [a communication terminal / a
`
`transmission method] comprising (Papasakellariou para. [0044], UE 114 which has a
`
`transceiver for transmission operations):
`
`[a controller (Papasakellariou paras. [0047]-[0048], processor 240), which, -
`
`claim 16 only] when a first narrowband to be used for a first subframe to transmit
`
`ACK/NACK to downlink data (Papasakellariou para. [0096], narrowband transmission
`
`including first narrowband transmission conveys HARQ-A CK, where para. [0087]
`
`teaches that the HARQ-A CK is in response to PDCCH/PDSCH (downlink) receptions
`
`(data)) is different from a second narrowband to be used for a second subframe to
`
`transmit uplink data (Papasakellariou paras. [0095]-[0097], fig. 10, first narrowband
`
`1010 and second narrowband 1020 in different frequency bands for PUCCH
`
`transmission (uplink data) of SFs (subframes —see para. [0065] which defines SF as
`
`subframe)), wherein the second subframe follows the first subframe (Papasakellariou
`
`fig. 10, para. [0100], for retuning, the second narrowband in fig. 10 becomes the first,
`
`and the first becomes the second (thus “second subframe follows the first subframe”
`
`limitation»; and
`
`[a transmitter (Papasakellariou fig. 2, para. [0044], transceiver 210 and TX
`
`processing circuitry 215), which, in operation, - claim 16 only] [transmits/transmitting]
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`the ACK/NACK in the first narrowband and [transmits/transmitting] the uplink data in the
`
`second narrowband (Papasakellariou para. [0046], and [0067], UE transmits data,
`
`where the UE transmits reference signals only through bandwidth of respective PUCCH
`
`at predetermined SFs, where para. [0096] teaches that the UE transmits PUCCH
`
`transmissions in the first and second narrowband as illustrated in fig. 10 including
`
`HA Flo-A OK (A CK/NACK) and SR (uplink data)).
`
`Papasakellariou does not explicitly teach sets first two symbols of the second
`
`subframe as retuning time.
`
`Nokia NPL teaches sets first two symbols of the second subframe as retuning
`
`time (Nokia NPL section 3.5, two symbols at the beginning of the next subframe after
`
`hopping (second subframe) are used for retuning).
`
`Therefore, taking the teachings of Papasakellariou and Nokia NPL together as a
`
`whole, it would have been obvious to one having ordinary skill in the art before the
`
`effective filing date of the claimed invention to have modified the UE of Papasakellariou
`
`with symbols designated for retuning as disclosed in Nokia NPL at least because doing
`
`so would allow for preventing the waste of providing an entire subframe for retuning
`
`while still allowing for an increase in transmission duration and having no interruption to
`
`the UL transmission from the eNB’s perspective (Nokia NPL section 3.5).
`
`21.
`
`Regarding claims 17, 20 and 31, Papasakellariou teaches wherein [the
`
`controller switches from the first narrowband — claims 17 and 20 l the first narrowband is
`
`switched — claim 31] to the second narrowband by frequency hopping (Papasakellariou
`
`para. [0086], frequency hopping can be used by the UE in PUCCH transmission of the
`
`narrowband reference signals).
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`While Papasakellariou teaches that frequency hopping is used on narrowband
`
`reference signals in PUCCH, and in para. [0100] teaches that PUCCH is conducted with
`
`a first and second narrowband as claimed, Papasakellariou does not explicitly disclose
`
`the frequency hopping teachings as being part of the embodiment disclosed regarding
`
`the first and second narrowband PUCCH signals.
`
`However, it would have been obvious to one having ordinary skill in the art before
`
`the effective filing date of the claimed invention to have modified the teachings of
`
`PUCCH disclosed in para. [0100] with the frequency hopping disclosed in para. [0086],
`
`at least as doing so would provide significant gains in reception reliability and reduce a
`
`number of repetitions for achieving a CE level (see Papasakellariou para. [0086]).
`
`22.
`
`Regarding claims 18, 21 and 32, Papasakaellariou teaches wherein the first
`
`narrowband and the second narrowband (Papasakellariou para. [0100], UEs
`
`transmitting in PUCCH a first and second narrowband) are set for MTC (Machine Type
`
`Communication) terminals (Papasakellariou paras. [0083]-[0084], UEs supporting
`
`MTCs).
`
`While Papasakellariou teaches that UEs support MTCs, and in para. [0100]
`
`teaches that PUCCH is conducted with a first and second narrowband as claimed,
`
`Papasakellariou does not explicitly disclose the UEs supporting MTCs as being part of
`
`the embodiment disclosed regarding the first and second narrowband PUCCH signals.
`
`However, it would have been obvious to one having ordinary skill in the art before
`
`the effective filing date of the claimed invention to have modified the teachings of
`
`PUCCH disclosed in para. [0100] with UEs supporting MTCs as disclosed in paras.
`
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`[0083]-[0084], at least as doing so would provide automation of various devices in a
`
`network (see Papasakellariou para. [0083]).
`
`23.
`
`Regarding claims 19 and 30, with differences between the claims denoted as
`
`[claim 19 / claim 30] Papasakellariou teaches [a communication terminal comprising / a
`
`transmission method comprising (Papasakellariou para. [0044], UE 114 with a
`
`transceiver performing transmission operations)]:
`
`[a controller (Papasakellariou paras. [0047]—[0048], processor 240), which, -
`
`claim 19 only] when a first narrowband to be used for a first subframe to transmit uplink
`
`data (Papasakellariou paras. [0095]-[0097], fig. 10, first narrowband 1010 and second
`
`narrowband 1020 in different frequency bands for PUCCH transmission (uplink data) of
`
`SFs (subframes —see para. [0065] which defines SF as subframe» is different from a
`
`second narrowband to be used for a second subframe to transmit ACK/NACK to
`
`downlink data (Papasakellariou para. [0096], narrowband transmission including second
`
`narrowband transmission conveys HARQ-ACK, where para. [0087] teaches that the
`
`HARQ-A CK is in response to PDCCH/PDSCH (downlink) receptions (data)), wherein
`
`the second subframe follows the first subframe (Papasakellariou fig. 10, para. [0100],
`
`for retuning, the second narrowband in fig. 10 becomes the first, and the first becomes
`
`the second (thus “second subframe follows the first subframe” limitation»; and
`
`[a transmitter (Papasakellariou fig. 2, para. [0044], transceiver 210 and TX
`
`processing circuitry 215), which, in operation, - claim 19 only] [transmits / transmitting]
`
`the uplink data in the first narrowband and transmits the ACK/NACK in the second
`
`narrowband (Papasakellariou para. [0046], and [0067], UE transmits data, where the
`
`UE transmits reference signals only through bandwidth of respective PUCCH at
`
`

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`predetermined SFs, where para. [0096] teaches that the UE transmits PUCCH
`
`transmissions in the first and second narrowband as illustrated in fig. 10 including
`
`HARQ-A CK (ACK/NACK) and SR (up/ink data)).
`
`Papasakellariou does not explicitly teach [sets/setting] last two symbols of the
`
`first subframe as retuning time.
`
`Nokia NPL teaches sets first two symbols of the first subframe as retuning time
`
`(Nokia NPL section 3.5, two symbols at the end of the subframe before hopping (first
`
`subframe) are used for retuning).
`
`Therefore, taking the teachings of Papasakellariou and Nokia NPL together as a
`
`whole, it would have been obvious to one having ordinary skill in the art before the
`
`effective filing date of the claimed invention to have modified the UE and operations
`
`thereof of Papasakellariou with symbols designated for retuning as disclosed in Nokia
`
`NPL at least because doing so would allow for preventing the waste of providing an
`
`entire subframe for retuning while still allowing for an increase in transmission duration
`
`and having no interruption to the UL transmission from the eNB’s perspective (Nokia
`
`NPL section 3.5).
`
`24.
`
`Regarding claim 28, Papasakellariou teaches wherein the first narrowband is
`
`switched to the second narrowband by frequency hopping (Papasakellariou para.
`
`[0086], frequency hopping can be used by the UE in PUCCH transmission of the
`
`narrowband reference signals).
`
`While Papasakellariou teaches that frequency hopping is used on narrowband
`
`reference signals in PUCCH, and in para. [0100] teaches that PUCCH is conducted with
`
`a first and second narrowband as claimed, Papasakellariou does not explicitly disclose
`
`

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`Application/Control Number: 15/772,505
`Art Unit: 2632
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`the frequency hopping teachings as being part of the embodiment disclosed regarding
`
`the first and second narrowband PUCCH signals.
`
`However, it would have been obvious to one having ordinary skill in the art before
`
`the effective filing date of the claimed invention to have modified the teachings of
`
`PUCCH disclosed in para. [0100] with the frequency hopping disclosed in para. [0086],
`
`at least as doing so would provide significant gains in reception reliability and reduce a
`
`number of repetitions for achieving a CE level (see Papasakellariou para. [0086]).
`
`25.
`
`Regarding claim 29, Papasakaellariou teaches wherein the first narrowband
`
`and the second narrowband (Papasakellariou para. [0100], UEs transmitting in PUCCH
`
`a first and second narrowband) are set for MTC (Machine Type Communication)
`
`terminals (Papasakellariou paras. [0083]-[0084], UEs supporting MTCs).
`
`While Papasakellariou teaches that UEs support MTCs, and in para. [0100]
`
`teaches that PUCCH is conducted with a first and second narrowband as claimed,
`
`Papasakellariou does not explicitly disclose the UEs supporting MTCs as being part of
`
`t