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
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`15/781,398
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`06/04/2018
`
`LILEI WANG
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`731456.468USPC
`
`2534
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`Seed IP Law Group LLP/Panason1e (PIPCA)
`701 5th Avenue, Suite 5400
`Seattle, WA 98104
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`KAVLESKL RYAN C
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`ART UNIT
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`2412
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`PAPER NUMBER
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`NOTIFICATION DATE
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`DELIVERY MODE
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`02/03/2020
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`ELECTRONIC
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
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`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
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`following e—mail address(es):
`US PTOeACtion @ SeedIP .Com
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`pairlinkdktg @ seedip .eom
`
`PTOL-90A (Rev. 04/07)
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`

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`017/09 A0170” Summary
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`Application No.
`15/781,398
`Examiner
`RYAN c KAVLESKI
`
`Applicant(s)
`WANG et al.
`Art Unit
`2412
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`AIA (FITF) Status
`Yes
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`- The MAILING DA TE of this communication appears on the cover sheet wit/7 the correspondence address -
`Period for Reply
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`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 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).
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`Status
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`1). Responsive to communication(s) filed on 10/30/2019.
`CI A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2a). This action is FINAL.
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`2b) D This action is non-final.
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`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.
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`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 Expade Quay/e, 1935 CD. 11, 453 O.G. 213.
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`Disposition of Claims*
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`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.
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`
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`Claim(ss) 8—13 and 16—17 is/are allowed.
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`Claim(ss) 1 —7 and 14— 15 is/are rejected.
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`1:] Claim(ss_) is/are objected to.
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`) ) ) )
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`S)
`are subject to restriction and/or election requirement
`C] Claim(s
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
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`participating intellectual property office for the corresponding application. For more information, please see
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`httpfiwww.”smogovmatentsflnit_events[pph[index.'§p or send an inquiry to PPeredhack@gsptg.ggv.
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`Application Papers
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`10):] The specification is objected to by the Examiner.
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`is/are: a)[:| accepted or b)D objected to by the Examiner.
`11):] The drawing(s) filed on
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
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`Priority under 35 U.S.C. § 119
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`12):] Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
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`a)i:i All
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`b)C] Some**
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`c)C] None of the:
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`1.1:] Certified copies of the priority documents have been received.
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`2.[:] Certified copies of the priority documents have been received in Application No.
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`SD 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)).
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`** See the attached detailed Office action for a list of the certified copies not received.
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`Attachment(s)
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`1)
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`Notice of References Cited (PTO-892)
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`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date_
`U.S. Patent and Trademark Office
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`3) E] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) CI Other-
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`PTOL-326 (Rev. 11-13)
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`Office Action Summary
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`Part of Paper No./Mai| Date 20200120
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`

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`Application/Control Number: 15/781,398
`Art Unit: 2412
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`Page 2
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`In response to communication filed on 10/30/2019.
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`DETAILED ACTION
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`Claims 1-17 are pending.
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`Claims 8-13,16 and 17 are allowed.
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`Claims 1-7,14, and 15 are rejected.
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`Notice of Pre-AIA or AIA Status
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`The present application, filed on or after March 16, 2013, is being examined under the first
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`inventor to file provisions of the AIA.
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`Response to Amendments
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`This communication is in response to Applicant’s reply filed under 3 CFR 1.111 on 10/30/2019.
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`Claims 1-17 were amended and claims 1-17 remain pending.
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`Amendment to claims 3 and 5 in response to rejection under 35 USC § 112, second paragraph
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`has been considered. The amendment to the claims obviates previously raised rejection, as such this
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`rejection is hereby withdrawn.
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`Amendment to claims 1,5,6,8, and 12-16 in response to objections under informalities has been
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`considered. The amendment to the claims obviates previously raised objections, as such these
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`objections are hereby withdrawn.
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`Claim Rejections - 35 USC § 112
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`The following is a quotation of 35 U.S.C. 112(a):
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`(a) IN GENERAL—The specification shall contain a written description of the invention, and of the
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`manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any
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`

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`Application/Control Number: 15/781,398
`Art Unit: 2412
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`Page 3
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`person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use
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`the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying
`out the invention.
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`The following is a quotation of 35 U.S.C. 112 (pre-AIA), first paragraph:
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`The specification shall contain a written description of the invention, and of the manner and process of
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`making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art
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`to which it pertains, or with which it is most nearly connected, to make and use the same and shall set
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`forth the best mode contemplated by the inventor of carrying out his invention.
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`Claims 1-7,14 and 15 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA), first
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`paragraph, as failing to comply with the written description requirement. The claim(s) contains
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`subject matter which was not described in the specification in such a way as to reasonably convey to
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`one skilled in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at
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`the time the application was filed, had possession of the claimed invention.
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`Regarding claims 1 and its dependent claims by virtue of dependency, the limitation ”in a case
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`where at least one of the plurality of Tl'ls include a total number of RE(s) that is greater than or equal to
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`a number of RE(s) utilized by the physical channel during transmission, a total number of RE(s) in each of
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`the valid TT|(s) is greater than or equal to the total number of RE(s) utilized by the physical channel
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`during transmission” lacks support within the original written description that would allow, either
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`inherently or obvious, one of ordinary skill in the art to arrive at the claimed invention as originally filed
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`and is therefore new matter. Refer MPEP 608.04(a).
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`Regarding claims 14 and 15, the limitation ”in a case where at least one of the plurality of Tl'ls
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`include a total number of RE(s) that is greater than or equal to a number of RE(s) utilized by the physical
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`channel during transmission, a total number of RE(s) in each of the valid TT|(s) is greater than or equal to
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`the total number of RE(s) utilized by the physical channel during transmission” lacks support within the
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`original written description that would allow, either inherently or obvious, one of ordinary skill in the art
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`to arrive at the claimed invention as originally filed and is therefore new matter. Refer MPEP 608.04(a).
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`

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`Application/Control Number: 15/781,398
`Art Unit: 2412
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`Page 4
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`The following is a quotation of 35 U.S.C. 112(b):
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`(B) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out
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`and distinctly claiming the subject matter which the inventor or a joint inventor regards as the
`invention.
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`The following is a quotation of 35 U.S.C. 112 (pre-AIA), second paragraph:
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`The specification shall conclude with one or more claims particularly pointing out and distinctly claiming
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`the subject matter which the applicant regards as his invention.
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`Claims 1-7,14, and 15 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), second
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`paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject
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`matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
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`Regarding claims 1 and its dependent claims by virtue of dependency, the limitation ”in a case
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`where at least one of the plurality of Tl'ls include a total number of RE(s) that is greater than or equal to
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`a number of RE(s) utilized by the physical channel during transmission, a total number of RE(s) in each of
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`the valid 'IT|(s) is greater than or equal to the total number of RE(s) utilized by the physical channel
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`during transmission” is indefinite because the limitations create confusion to how many resource
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`elements (REs) are within of each of the Tl'ls and valid Tl'ls when valid Tl'ls are determined or selected
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`from the plurality of TT|s that are then based upon a total number of resource elements in each of the
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`plurality of Tl'ls in a subframe.
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`Regarding claims 14 and 15, the limitation ”in a case where at least one of the plurality of Tl'ls
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`include a total number of RE(s) that is greater than or equal to a number of RE(s) utilized by the physical
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`channel during transmission, a total number of RE(s) in each of the valid 'IT|(s) is greater than or equal to
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`the total number of RE(s) utilized by the physical channel during transmission” is indefinite because the
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`limitations create confusion to how many resource elements (REs) are within of each of the TT|s and
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`Application/Control Number: 15/781,398
`Art Unit: 2412
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`Page 5
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`valid TT|s when valid Tl'ls are determined or selected from the plurality of TT|s that are then based upon
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`a total number of resource elements in each of the plurality of Tl'ls in a subframe.
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`Allowable Subject Matter
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`Claims 8-13,16 and 17 are allowed.
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`The following is a statement of reasons for the indication of allowable subject matter: Pelletier
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`et al. (US Pub. 2018/0123769) discloses downlink scheduling using a bitmap that lists applicable cells
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`and Tl'ls [paragraph 0122]. Patneleev et al. (US Pub. 2017/0208616) discloses that a number of TT|s in
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`a cycle can be of a particular length within a bitmap [paragraph 0062].
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`However the prior art of record, alone or in combination, do not disclose or make obvious
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`receiving a bitmap indicating candidate transmission time intervals (TTI) from a plurality of Tl'ls for a
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`physical channel in a subframe, each of the plurality of TT|s in the subframe have a first length and the
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`size of the bitmap depends upon the first length, and in a case where the size of the bit map is not
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`divisible (i.e. exact divider) by the first length, at least two TT|s in the subframes are arranged to overlap
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`each other or some OFDM symbols in the subframe are not assigned to the plurality of Tl'ls.
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`Response to Arguments
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`Applicant’s arguments, see page 11, filed 10/30/2019, with respect to the rejection of claims
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`8,16 and 17 under 35 U.S.C. 103 have been fully considered and are persuasive in light of the
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`amendments. The rejection has been withdrawn.
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`Applicant’s arguments, see pages 9-11, filed 10/30/2019, with respect to the rejection of claims
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`1-7,14, and 15 under 35 U.S.C. 103 have been fully considered and are persuasive in view of the
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`amendments. Therefore, the rejection has been withdrawn. However, upon further consideration, a
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`Application/Control Number: 15/781,398
`Art Unit: 2412
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`Page 6
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`new grounds of rejection is made in view of 35 U.S.C. 112(a) in light of the amendments being directed
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`towards new matter due to lacking written description within the original description and in view of 35
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`U.S.C. 112(b) for the claim amendments being indefinite.
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`Conclusion
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`Applicant's amendment necessitated the new ground(s) of rejection presented in this Office
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`action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the
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`extension of time policy as set forth in 37 CFR 1.136(a).
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`A shortened statutory period for reply to this final action is set to expire THREE MONTHS from
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`the mailing date of this action.
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`In the event a first reply is filed within TWO MONTHS of the mailing date
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`of this final action and the advisory action is not mailed until after the end of the THREE-MONTH
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`shortened statutory period, then the shortened statutory period will expire on the date the advisory
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`action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing
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`date of the advisory action.
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`In no event, however, will the statutory period for reply expire later than
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`SIX MONTHS from the date of this final action.
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`Any inquiry concerning this communication or earlier communications from the examiner
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`should be directed to RYAN C KAVLESKI whose telephone number is (571)270-3619. The examiner can
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`normally be reached on M-F 6:30am-3pm.
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`Examiner interviews are available via telephone, in-person, and video conferencing using a
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`USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use
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`the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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`Application/Control Number: 15/781,398
`Art Unit: 2412
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`Page 7
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor,
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`Charles C Jiang can be reached on 571-270-7191. The fax phone number for the organization where this
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`application or proceeding is assigned is 571-273-8300.
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`Information regarding the status of an application may be obtained from the Patent Application
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`Information Retrieval (PAIR) system. Status information for published applications may be obtained
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`from either Private PAIR or Public PAIR. Status information for unpublished applications is available
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`through Private PAIR only. For more information about the PAIR system, see http://pair-
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`direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic
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`Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer
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`Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR
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`CANADA) or 571-272-1000.
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`Ryan Kavleski
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`/R. K./
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`Examiner, Art Unit 2412
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`/WALLI Z BU'IT/
`Examiner, Art Unit 2412
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`