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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
`
`15/810,589
`
`11/13/2017
`
`AYAKO HORIUCHI
`
`731456.452C1
`
`2305
`
`Seed IP Law Group LLP/Panason1e (PIPCA)
`701 5th Avenue, Suite 5400
`Seattle, WA 98104
`
`DANIEL JR” WILLIE J
`
`ART UNIT
`
`2462
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`08/05/2020
`
`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)
`
`

`

`017/09 A0170” Summary
`
`Application No.
`15/810,589
`Examiner
`WILLIE J DANIEL JR
`
`Applicant(s)
`HORIUCHI et al.
`Art Unit
`AIA (FITF) Status
`2462
`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 06/25/2020.
`CI A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2a)[:] 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 Expade Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`
`5)
`
`Claim(s)
`
`1,10,12—13 and 16—19 is/are pending in the application.
`
`5a) Of the above claim(s)
`
`is/are withdrawn from consideration.
`
`
`
`[:1 Claim(ss)
`
`is/are allowed.
`
`8)
`Claim(s 1 ,,10 12— 13 and 16— 19 is/are rejected.
`
`D Claim(ss_) is/are objected to.
`
`) ) ) )
`
`S)
`are subject to restriction and/or election requirement
`[:1 Claim(s
`* If any claims have been determined aflowable. 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)|:I The specification is objected to by the Examiner.
`
`is/are: a)[] accepted or b)l:] 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).
`
`Priority under 35 U.S.C. § 119
`
`12)D Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`a)I:l All
`
`b)|:] Some**
`
`c)l:I None of the:
`
`1C] Certified copies of the priority documents have been received.
`
`2C] Certified copies of the priority documents have been received in Application No.
`
`3D 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)
`
`2) C] Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date_
`U.S. Patent and Trademark Office
`
`3) E] 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 04———01
`
`

`

`Application/Control Number: 15/810,589
`Art Unit: 2462
`
`Page 2
`
`DETAILED ACTION
`
`1. This action is in response to applicant’s amendment filed on 25 June 2020. Claims 1, 10, 12-
`
`13, and 16-19 are now pending in the present application and claims 2-9, 11, and 14-15 are
`
`cancelled.
`
`Notice of Pre-AIA or AIA Status
`
`2. The present application, filed on or after March 16, 2013, is being examined under the first
`
`inventor to file provisions of the AIA.
`
`Continued Examination Under 37 CFR 1.114
`
`3. A request for continued examination under 37 CFR 1.114, including the fee set forth in 37
`
`CFR 1.17(e), was filed in this application after final rejection. Since this application is
`
`eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR
`
`1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn
`
`pursuant to 37 CFR 1.114. Applicant's submission filed on 25 June 2020 has been entered.
`
`Priority
`
`4. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
`
`5. Should applicant desire to obtain the benefit of foreign priority under 35 U.S.C. 119(a)—(d)
`
`prior to declaration of an interference, a certified English translation of the foreign
`
`application must be submitted in reply to this action. 37 CFR 41.154(b) and 41.202(e).
`
`Failure to provide a certified translation may result in no benefit being accorded for the non—
`
`English application.
`
`

`

`Application/Control Number: 15/810,589
`Art Unit: 2462
`
`Page 3
`
`Election/Restrictions
`
`6. Applicant’s election without traverse of claims 1—6, 10, and 12—13 in the reply filed on 30
`
`November 2019 is acknowledged.
`
`Claim Rejections - 35 US C § 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, 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.
`
`Claim(s) 1, 10, 12-13, and 16-19 are rejected under 35 U.S.C. 103 as being unpatentable
`
`over 3GPP TSG RAN WGl #81 (hereinafter 3GPP) (RI-153567) in view of further support
`
`by 3GPP TSG RAN WGl #81 (hereinafter 3GPP-#2) (RI-152954) and Kim et al.
`
`(hereinafter Kim) (US 2015/0036609 A1).
`
`Regarding claims 1, 10, and 12-13, 3GPP discloses a base station comprising:
`
`control circuitry which, in operation, allocates a physical downlink shared channel
`
`(PDSCH) on a plurality of resource blocks (RB s) determined based on a frequency position
`
`of a narrowband and a frequency position of resource block groups (RBGs), wherein a
`
`boundary of the frequency position of the narrowband is different from a boundary of the
`
`frequency position of the RBGs { (see pp./slides 2—5) }; and
`
`a transmitter which, in operation, transmits the PDSCH { (see pp./slides 2—5) }.
`
`3GPP clearly discloses the feature(s) indicated above as evidenced by the fact that
`
`one of ordinary skill in the art would clearly recognize. However, in the alternative, the
`
`examiner maintains that the feature(s) wherein a boundary of the frequency position of the
`
`

`

`Application/Control Number: 15/810,589
`Art Unit: 2462
`
`Page 4
`
`narrowband is different from a boundary of the frequency position of the RBGs was well
`
`known in the art, as taught by 3GPP—#2.
`
`As further alternative support in the same field of endeavor, 3GPP—#2 discloses the
`
`feature(s) wherein a boundary of the frequency position of the narrowband is different from a
`
`boundary of the frequency position of the RBGs { (see section 2; Figs. la—b), where the
`
`system has PRB groups with different definitions (see section 3; Figs. 2a—c) }.
`
`Therefore, it would have been obvious to one of ordinary skill in the art at the time
`
`the invention was made to combine the teachings of 3GPP as further alternatively supported
`
`by 3GPP—#2 to have the feature(s) wherein a boundary of the frequency position of the
`
`narrowband is different from a boundary of the frequency position of the RBGs, in order to
`
`provide PRB group definition, resource allocation and hopping, as taught by 3GPP—#2 (see
`
`section 1).
`
`3GPP clearly discloses the feature(s) indicated above as evidenced by the fact that
`
`one of ordinary skill in the art would clearly recognize. However, in the alternative, the
`
`examiner maintains that the feature(s) allocates a physical downlink shared channel
`
`(PDSCH) was well known in the art, as taught by 3GPP—#2.
`
`As further alternative support in the same field of endeavor, Kim discloses the
`
`feature(s) allocates a physical downlink shared channel (PDSCH)
`
`{ (see pg. 3, [0051]; pg. 4,
`
`[0069]; pg. 10, [0167]), where the system has allocation of the PDSCH and resources with
`
`different boundary }.
`
`Therefore, it would have been obvious to one of ordinary skill in the art at the time
`
`the invention was made to combine the teachings of 3GPP and 3GPP—#2 as further
`
`alternatively supported by Kim to have the feature(s) allocates a physical downlink shared
`
`

`

`Application/Control Number: 15/810,589
`Art Unit: 2462
`
`Page 5
`
`channel (PDSCH), in order to provide a method for transmitting a reference signal, as taught
`
`by Kim (see pg. 1, [0007]).
`
`Regarding claim 16, the combination of 3GPP, 3GPP—#2, and Kim discloses every
`
`limitation claimed, as applied above (see claim 1), in addition 3GPP further discloses the
`
`base station according to claim 1, wherein the frequency position of the narrowband is set
`
`based on an offset that is indicated by a higher layer signaling { (see pp./slides 2—5) }.
`
`Regarding claim 17, the combination of 3GPP, 3GPP—#2, and Kim discloses every
`
`limitation claimed, as applied above (see claim 1), in addition 3GPP further discloses the
`
`base station according to claim 1, wherein the frequency position of the narrowband is set
`
`based on an offset, and the offset is determined by a frequency bandwidth { (see pp./slides 2—
`
`5) }.
`
`Regarding claim 18, the combination of 3GPP, 3GPP—#2, and Kim discloses every
`
`limitation claimed, as applied above (see claim 1), in addition 3GPP further discloses the
`
`base station according to claim 1, wherein the PDSCH is transmitted in different RBs which
`
`are shifted from RBs at different time in case of a frequency hopping { (see pp./slides 2—5) }.
`
`Regarding claim 19, the combination of 3GPP, 3GPP—#2, and Kim discloses every
`
`limitation claimed, as applied above (see claim 1), in addition 3GPP further discloses the
`
`base station according to claim 1, wherein the circuitry, in operation, allocates the PDSCH to
`
`a first RBG in a first narrowband and a second RBG in a second narrowband, allocations of
`
`RBGs in the first narrowband and the second narrowband are different from each other, and
`
`the first RBG includes a first total number of RBs, and the second RBG includes a second
`
`total number of RBs equal to the first total number of RBs { (see pp./slides 2—5) }.
`
`

`

`Application/Control Number: 15/810,589
`Art Unit: 2462
`
`Page 6
`
`Response to Arguments
`
`8.
`
`Applicant's arguments with respect to claims l, 10, 12—13, and 16—19 have been
`
`considered but are moot in view of the new ground(s) of rejection necessitated by the
`
`amended language, new limitations, and/or new claims.
`
`In response to applicant’s arguments, the Examiner respectfully disagrees as the
`
`applied reference(s) provide more than adequate support and to further clarify (see the above
`
`claims for relevant citations and comments in this section).
`
`Conclusion
`
`9.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to WILLIE J DANIEL JR whose telephone number is (571)272—
`
`7907. The examiner can normally be reached on 9 — 6.
`
`Examiner interviews are available via telephone, in—person, and video conferencing
`
`using a USPTO supplied web—based collaboration tool. To schedule an interview, applicant is
`
`encouraged to use the USPTO Automated Interview Request (AIR) at
`
`http://www.uspto.gov/interviewpractice.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, Yemane Mesfin can be reached on (571) 272—3927. The fax phone number for
`
`the organization where this application or proceeding is assigned is 571—273—8300.
`
`Information regarding the status of an application may be obtained from the Patent
`
`Application Information Retrieval (PAIR) system. Status information for published
`
`applications may be obtained from either Private PAIR or Public PAIR. Status information
`
`for unpublished applications is available through Private PAIR only. For more information
`
`

`

`Application/Control Number: 15/810,589
`Art Unit: 2462
`
`Page 7
`
`about the PAIR system, see http://pair—direct.uspto.gov. Should you have questions on access
`
`to the Private PAIR system, contact the Electronic Business Center (EBC) at 866—217—9197
`
`(toll—free). If you would like assistance from a USPTO Customer Service Representative or
`
`access to the automated information system, call 800—786—9199 (IN USA OR CANADA) or
`
`57 l-272- 1000.
`
`/WILLIE J DANIEL JR/
`
`Primary Examiner, Art Unit 2462
`
`WJD,Jr
`
`31 July 2020
`
`

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