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
`
`15/807,202
`
`11/08/2017
`
`Seigo Nakao
`
`733456.410C6
`
`7284
`
`Seed IP Law Group LLP/Panason1e
`701 Fifth Avenue, Suite 5400
`Seattle, WA 98104
`
`CHOWDHURY' HARUN UR R
`
`ART UNIT
`
`2473
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`02/04/2019
`
`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.
`15/807,202
`Examiner
`HARUN U CHOWDHURY
`
`Applicant(s)
`Nakao et al.
`Art Unit
`2473
`
`AIA Status
`No
`
`- 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 11/08/2017.
`[: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—16 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 11/08/2017 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)I:I All
`
`b)D Some”
`
`0). 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 20190129
`
`

`

`Application/Control Number: 15/807,202
`Art Unit: 2473
`
`Page 2
`
`DETAILED ACTION
`
`Notice of Pre-AIA or AIA Status
`
`1.
`
`The present application is being examined under the pre-AIA first to invent
`
`provisions.
`
`Priority
`
`2.
`
`Acknowledgment is made of applicant's claim for foreign priority based on an
`
`application filed in Japan (JP) on 10/01/2007. It is noted, however, that applicant
`
`has not filed a certified copy of the 2007-257764 application as required by 37
`
`CFR 1.55.
`
`Double Patenting
`
`3.
`
`The nonstatutory double patenting rejection is based on a judicially created
`
`doctrine grounded in public policy (a policy reflected in the statute) so as to
`
`prevent the unjustified or improper timewise extension of the “right to exclude”
`
`granted by a patent and to prevent possible harassment by multiple assignees. A
`
`nonstatutory double patenting rejection is appropriate where the conflicting
`
`claims are not identical, but at least one examined application claim is not
`
`patentably distinct from the reference claim(s) because the examined application
`
`claim is either anticipated by, or would have been obvious over, the reference
`
`claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998);
`
`In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi,
`
`759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937,
`
`214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA
`
`1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
`
`

`

`Application/Control Number: 15/807,202
`Art Unit: 2473
`
`Page 3
`
`A timely filed terminal disclaimer in compliance with 37 CFR 1.321 (c) or
`
`1.321 (d) may be used to overcome an actual or provisional rejection based on
`
`nonstatutory double patenting provided the reference application or patent either
`
`is shown to be commonly owned with the examined application, or claims an
`
`invention made as a result of activities undertaken within the scope of a joint
`
`research agreement. See MPEP § 717.02 for applications subject to examination
`
`under the first inventor to file provisions of the AIA as explained in MPEP § 2159.
`
`See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to
`
`examination under the first inventor to file provisions of the AIA. A terminal
`
`disclaimer must be signed in compliance with 37 CFR 1.321 (b).
`
`The USPTO Internet website contains terminal disclaimer forms which
`
`may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of
`
`the application in which the form is filed determines what form (e.g., PTO/SB/25,
`
`PTO/SB/26, PTO/AlA/25, or PTO/AlA/26) should be used. A web-based
`
`eTerminal Disclaimer may be filled out completely online using web-screens. An
`
`eTerminal Disclaimer that meets all requirements is auto-processed and
`
`approved immediately upon submission. For more information about eTerminal
`
`Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-
`
`l.jsp.
`
`4.
`
`Claims 1, 5-9, and 13-16 are rejected on the ground of nonstatutory double
`
`patenting as being unpatentable over claims 1-5, 13-17 of U.S. Patent No. 9843407 in
`
`view of Kim et al (US 20100142475 A1, hereinafter referred to as Kim).
`
`

`

`Application/Control Number: 15/807,202
`Art Unit: 2473
`
`Page 4
`
`Re claims 1 and 9 of the instant application, claims 1 and 13 of U.S.
`
`Patent No. 9843407 recite every limitations except a transmitter transmitting data
`
`to a terminal.
`
`Kim teaches a transmitter transmitting data to a terminal (BS transmits
`
`data to UE) (Fig. 2, Par 0031-0032).
`
`It would have been obvious to one of ordinary skill in the art at the time of
`
`invention to modify U.S. Patent No. 9843407 by including a transmitter to
`
`transmit data to a terminal for the purpose of establishing proper communication
`
`between a base station and a terminal.
`
`Re claim 5 of the instant application, claim 2 of U.S. Patent No. 9843407
`
`recites every limitations.
`
`Re claim 6 of the instant application, claim 3 of U.S. Patent No. 9843407
`
`recites every limitations.
`
`Re claim 7 of the instant application, claim 4 of U.S. Patent No. 9843407
`
`recites every limitations.
`
`Re claim 8 of the instant application, claim 5 of U.S. Patent No. 9843407
`
`recites every limitations.
`
`Re claim 13 of the instant application, claim 14 of U.S. Patent No.
`
`9843407 recites every limitations.
`
`Re claim 14 of the instant application, claim 15 of U.S. Patent No.
`
`9843407 recites every limitations.
`
`Re claim 15 of the instant application, claim 16 of U.S. Patent No.
`
`9843407 recites every limitations.
`
`

`

`Application/Control Number: 15/807,202
`Art Unit: 2473
`
`Page 5
`
`Re claim 16 of the instant application, claim 17 of U.S. Patent No.
`
`9843407 recites every limitations.
`
`5.
`
`Claims 1, 3-9, 11-16 are rejected on the ground of nonstatutory double patenting
`
`as being unpatentable over claims 1-5, 8, 9, 11, 12, 18-20 of U.S. Patent No. 9479319
`
`in view of Kim et al (US 20100142475 A1, hereinafter referred to as Kim).
`
`Re claims 1 and 9 of the instant application, claims 1 and 18 of U.S.
`
`Patent No. 9479319 recite every limitations except a transmitter transmitting data
`
`to a terminal and a receiver receiving ACK/NACK signal for the data.
`
`Kim teaches a transmitter transmitting data to a terminal and a receiver
`
`receiving ACK/NACK signal for the data (BS transmits data to UE and receives
`
`ACK/NACK) (Fig. 2, Par 0031-0032).
`
`It would have been obvious to one of ordinary skill in the art at the time of
`
`invention to modify U.S. Patent No. 9479319 by including a transmitter to
`
`transmit data to a terminal and a receiver to receive ACK/NACK signal for the
`
`purpose of establishing proper communication between a base station and a
`
`terminal.
`
`Re claim 3 of the instant application, claims 11, 12 of U.S. Patent No.
`
`9479319 recite every limitations.
`
`Re claim 4 of the instant application, claim 12 of U.S. Patent No. 9479319
`
`recites every limitations.
`
`Re claim 5 of the instant application, claim 2 of U.S. Patent No. 9479319
`
`recites every limitations.
`
`

`

`Application/Control Number: 15/807,202
`Art Unit: 2473
`
`Page 6
`
`Re claim 6 of the instant application, claim 3 of U.S. Patent No. 9479319
`
`recites every limitations.
`
`Re claim 7 of the instant application, claim 4 of U.S. Patent No. 9479319
`
`recites every limitations.
`
`Re claim 8 of the instant application, claim 5 of U.S. Patent No. 9479319
`
`recites every limitations.
`
`Re claim 11 of the instant application, claims 19, 20 of U.S. Patent No.
`
`9479319 recite every limitations.
`
`Re claim 12 of the instant application, claim 20 of U.S. Patent No.
`
`9479319 recites every limitations.
`
`Re claim 13 of the instant application, claim 8 of U.S. Patent No. 9479319
`
`recites every limitations.
`
`Re claim 14 of the instant application, claim 9 of U.S. Patent No. 9479319
`
`recites every limitations.
`
`Re claim 15 of the instant application, claim 4 of U.S. Patent No. 9479319
`
`recites every limitations.
`
`Re claim 16 of the instant application, claim 5 of U.S. Patent No. 9479319
`
`recites every limitations.
`
`Claim Rejections - 35 USC § 1 12
`
`6.
`
`The following is a quotation of 35 U.S.C. 112(b):
`(b) CONCLUSION—The specification shall conclude with one or more claims particularly
`pointing out and distinctly claiming the subject matter which the inventor or a joint inventor
`regards as the invention.
`
`The following is a quotation of 35 U.S.C. 112 (pre-AIA), second paragraph:
`The specification shall conclude with one or more claims particularly pointing out and distinctly
`claiming the subject matter which the applicant regards as his invention.
`
`

`

`Application/Control Number: 15/807,202
`Art Unit: 2473
`
`Page 7
`
`7.
`
`Claims 4-6, 12-14 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-
`
`AIA), second paragraph, as being indefinite for failing to particularly point out and
`
`distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA
`
`the applicant regards as the invention.
`
`Claim 1 recites that the cyclic shift index is an index within N number of
`
`indexes and N can be one or more indexes. Under broadest reasonable
`
`interpretation, N can be only one cyclic shift index (N number of E or more
`
`cyclically continuous indexes). Claim 3 recites that the second value is one of N
`
`number of one or more values. In view of claims 1 and 3, the second value can
`
`be the only cyclic shift index included in the claimed N number of E (or more)
`
`indexes (“the second value being one of N number of one or more values”).
`
`Claim 4 recites that the cyclic shift index is calculated based on a sum of the first
`
`value and the second value. When N (the second value) includes only one index,
`
`the sum of the second value (i.e. the only CS index included in N indexes) and
`
`the first value will result in a value greater than the CS index included in N
`
`indexes. For example, N includes only CS index “”,0 then the sum of second
`
`value (i.e. “0”) and the first value will be greater than “0” and therefore, the CS
`
`index calculated by summing the first value and second value will fall outside the
`
`first subset of indexes/N indexes when N includes only one CS index. Therefore,
`
`it is not clear how can the cyclic shift index be calculated by summing the first
`
`value and the second value when N includes only one CS index.
`
`Claim 12 recites limitation similar to claim 4 above and thereby, is rejected
`
`for the reasons discussed above with respect to claim 4.
`
`

`

`Application/Control Number: 15/807,202
`Art Unit: 2473
`
`Page 8
`
`Claim 5 and 6 recite, “a difference in the cyclic shift value between
`
`consecutive slots varies among resource indexes of a physical uplink
`
`control channel (PUCCH)”. Claim 1 recites that the cyclic shift index is an index
`
`within N number of indexes and N can be one or more indexes. Under broadest
`
`reasonable interpretation, N can be only one cyclic shift index (N number of E
`
`or more cyclically continuous indexes). When N includes only one CS index, then
`
`there is no way to have different CS index in consecutive slots. Therefore, it is
`
`not clear how can the CS index be varied in consecutive slots when there is only
`
`one CS index (N can be only one cyclic shift index (N number of E or more
`
`cyclically continuous indexes)). Claim 6 further recites to change cyclic shift value
`
`between the symbols. It is also not clear how can the cyclic shift value be
`
`changed between symbols when there is only one CS index/value (N can be only
`
`one cyclic shift index (N number of one or more cyclically continuous indexes)).
`
`Claims 13 and 14 recites limitation similar to claims 5 and 6 above and
`
`thereby, are rejected for the reasons discussed above with respect to claims 5
`
`and 6.
`
`Claim Rejections - 35 USC § 102
`
`8.
`
`The following is a quotation of the appropriate paragraphs of pre-AIA 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 —
`(e) the invention was described in (1) an application for patent, published under section
`122(b), by another filed in the United States before the invention by the applicant for patent or
`(2) a patent granted on an application for patent by another filed in the United States before
`the invention by the applicant for patent, except that an international application filed under
`the treaty defined in section 351 (a) shall have the effects for purposes of this subsection of an
`application filed in the United States only if the international application designated the United
`States and was published under Article 21(2) of such treaty in the English language.
`
`

`

`Application/Control Number: 15/807,202
`Art Unit: 2473
`
`Page 9
`
`9.
`
`Claims 1, 2, 7-10, 15, 16 are rejected under pre-AIA 35 U.S.C. 102(e) as being
`
`anticipated by Kim et al (US 20100142475 A1, hereinafter referred to as Kim).
`
`Re claim 1, Kim teaches a device (Base station) (Fig. 1-2, Par 0028-
`
`0034), comprising:
`
`(i) a transmitter (BS transmits data to UE and thus, it is evident that the BS has a
`
`transmitter to transmit data to the UE), which, in operation, transmits data to a
`
`terminal (UE) (Fig. 1-2, Par 0028-0034); and
`
`(ii) a receiver (BS receives ACK/NACK/CQI from UE and thus, it is evident that
`
`the BS has a receiver to receive ACK/NACK/CQI from the UE), which, in
`
`operation, receives, from the terminal, an acknowledgement/negative
`
`acknowledgement (ACK/NACK) signal for the data (Fig. 1-2, Fig. 7, Fig. 9, Par
`
`0028-0034, Par 0051 -0056, Par 0059-0062),
`
`(iii) the ACK/NACK signal (modulation symbol d(0)) being multiplied with a
`
`sequence defined by a cyclic shift value (cyclically shifted sequence r(n,a))
`
`having a cyclic shift index (cyclic shift index “a”), which is within a first subset
`
`including N number of one or more cyclically continuous indexes (first eight CS
`
`indices (1 to 8) are allocated for ACK/NACK as disclosed in table 7-8), the first
`
`subset (first eight CS indices for ACK/NACK as disclosed in table 7-8) being
`
`mutually exclusive with a second subset that includes one or more indexes used
`
`for a channel quality indicator (CQI) signal (CS indices 10-12 for CQI as
`
`disclosed in table 7, CS indices 10, 11 for CQI as disclosed in table 8) where the
`
`first subset and the second subset are in a set of indexes (CS indices disclosed
`
`

`

`Application/Control Number: 15/807,202
`Art Unit: 2473
`
`Page 10
`
`in table 7-8), and N (CS indices for ACK/NACK) being applicable in two
`
`consecutive slots (CS indices are applicable in two consecutive slots as
`
`disclosed in Fig. 9) (Fig. 7-9, Fig. 11-14, Par 0051-0056, Par 0059-0062, Par
`
`0086, Par 0090, Par 0096-0102, Par 0115-0121).
`
`Claim 9 recites a method performing the steps recited in claim 1 and
`
`thereby, is rejected for the reasons discussed above with respect to claim 1.
`
`Re claims 2, 10, Kim teaches that the receiver, in operation, receives the
`
`multiplied ACK/NACK signal using a mixed RB as shown in Fig. 7) supporting a
`
`mix of the multiplied ACK/NACK signal and the CQI signal that is transmitted
`
`from another terminal (Fig. 7-9, Par 0051-0056, Par 0059-0062, Par 0084-0086,
`
`Par 0096-0108).
`
`Re claims 7, 15, Kim teaches that the set of indexes consists of twelve
`
`integers (Fig. 9, Par 0060-0062, Par 0096-0102).
`
`Re claims 8, 16, Kim teaches that N is less than twelve (Fig. 9, Par 0060-
`
`0062, Par 0096-0102).
`
`Claim Rejections - 35 USC § 103
`
`9.
`
`The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis
`
`for all obviousness rejections set forth in this Office action:
`
`(a) A patent may not be obtained though the invention is not identically disclosed or described
`as set forth in section 102, if the differences between the subject matter sought to be patented
`and the prior art are such that the subject matter as a whole would have been obvious at the
`time the invention was made to a person having ordinary skill in the art to which said subject
`matter pertains. Patentability shall not be negatived by the manner in which the invention was
`made.
`
`

`

`Application/Control Number: 15/807,202
`Art Unit: 2473
`
`Page 11
`
`10.
`
`Claims 3, 5, 6, 11, 13, 14 are rejected under pre-AIA 35 U.S.C. 103(a) as being
`
`unpatentable over Kim as applied to claim 1 above and further in view of Shen et al (US
`
`20080316957 A1 , hereinafter referred to as Shen).
`
`Re claims 3, 11, Kim teaches that N (CS indices for ACK/NACK) being
`
`applicable in two consecutive slots (CS indices are applicable in two consecutive
`
`slots as disclosed in Fig. 9) (Par 0059-0062).
`
`Kim does not explicitly disclose that the cyclic shift index is calculated
`
`based on a first value and a second value, the first value being calculated based
`
`on a symbol number and a cell identity, the second value being calculated based
`
`on a slot number and a resource index of a physical uplink control channel
`
`(PUCCH) allocated to the terminal, the second value being one of N number of
`
`one or more values.
`
`Shen teaches that the cyclic shift index is calculated based on a first value
`
`and a second value, the first value being calculated based on a symbol number
`
`and a cell identity, the second value being calculated based on a slot number
`
`and a resource index of a physical uplink control channel (PUCCH) allocated to
`
`the terminal, the second value being one of N number of one or more values,
`
`(Cyclic shift is selected for ACK/NACK based on cell identity, ACK/NACK
`
`resource index, OFDM symbol number, slot number) (Fig. 6, Table 2-8, Par
`
`0023, Par 0031 -0033, Par 0046-0050, Par 0060-0065).
`
`It would have been obvious to one of ordinary skill in the art at the time of
`
`invention to modify Kim by including the feature that the cyclic shift index is
`
`calculated based on a first value and a second value, the first value being
`
`

`

`Application/Control Number: 15/807,202
`Art Unit: 2473
`
`Page 12
`
`calculated based on a symbol number and a cell identity, the second value being
`
`calculated based on a slot number and a resource index of a physical uplink
`
`control channel (PUCCH) allocated to the terminal, the second value being one
`
`of N number of one or more values, as taught by Shen for the purpose of
`
`reducing signaling overhead in a wireless communication system, as taught by
`
`Shen (Par 0002, Par 0017).
`
`Re claims 5, 13, Kim teaches that cyclic shift value between consecutive
`
`slots varies (CS value in the first slot is different than the CS value in the second
`
`slot, Fig. 9) (Par 0059-0062).
`
`Kim does not explicitly disclose a difference in the cyclic shift value
`
`between consecutive slots varies among resource indexes of a physical uplink
`
`control channel (PUCCH).
`
`Shen teaches that a difference in the cyclic shift value between
`
`consecutive slots varies among resource indexes of a physical uplink control
`
`channel (PUCCH) (CS selected based on the slot number and ACK/NACK
`
`resource index) (Fig. 6, Table 2-8, Par 0023, Par 0031-0033, Par 0046-0050, Par
`
`0060-0065).
`
`It would have been obvious to one of ordinary skill in the art at the time of
`
`invention to modify Kim by including the feature that a difference in the cyclic
`
`shift value between consecutive slots varies among resource indexes of a
`
`physical uplink control channel (PUCCH), as taught by Shen for the purpose of
`
`reducing signaling overhead in a wireless communication system, as taught by
`
`Shen (Par 0002, Par 0017).
`
`

`

`Application/Control Number: 15/807,202
`Art Unit: 2473
`
`Page 13
`
`Re claims 6, 14, Kim teaches that the cyclic shift value is
`
`changed between symbols, wherein a difference in the cyclic shift value between
`
`the symbols is common in a cell (a base station), and the cyclic shift value is
`
`changed between consecutive slots (Fig. 9, Par 0051 -0057, Par 0059-0062, Par
`
`0090, Par 0096-0108, Par 0120-0121).
`
`Kim does not explicitly disclose that a difference in the cyclic shift value
`
`between consecutive slots varies among resource indexes of a physical uplink
`
`control channel (PUCCH).
`
`Shen teaches that a difference in the cyclic shift value between
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`consecutive slots varies among resource indexes of a physical uplink control
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`channel (PUCCH) (CS selected based on the slot number and ACK/NACK
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`resource index) (Fig. 6, Table 2-8, Par 0023, Par 0031-0033, Par 0046-0050, Par
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`0060-0065).
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`It would have been obvious to one of ordinary skill in the art at the time of
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`invention to modify Kim by including the feature that a difference in the cyclic
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`shift value between consecutive slots varies among resource indexes of a
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`physical uplink control channel (PUCCH), as taught by Shen for the purpose of
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`reducing signaling overhead in a wireless communication system, as taught by
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`Shen (Par 0002, Par 0017).
`
`

`

`Application/Control Number: 15/807,202
`Art Unit: 2473
`
`Page 14
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`10.
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`Claims 4, 12 would be allowable if rewritten to overcome the rejection(s)
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`Allowable Subject Matter
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`under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), 2nd paragraph, set forth in
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`this Office action and to include all of the limitations of the base claim and any
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`intervening claims. The claims also have to overcome the double patenting
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`rejection.
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`Conclusion
`
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`Application/Control Number: 15/807,202
`Art Unit: 2473
`
`Page 15
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`Examiner, Art Unit 2473
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`