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`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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`15/810,589
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`11/13/2017
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`AYAKO HORIUCHI
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`731456.452C1
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`2305
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`Seed IP Law Group LLP/Panason1e (PIPCA)
`701 5th Avenue, Suite 5400
`Seattle, WA 98104
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`DANIEL JR” WILLIE J
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`ART UNIT
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`2462
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`PAPER NUMBER
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`NOTIFICATION DATE
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`DELIVERY MODE
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`08/05/2020
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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
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`PTOL-90A (Rev. 04/07)
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`
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`017/09 A0170” Summary
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`Application No.
`15/810,589
`Examiner
`WILLIE J DANIEL JR
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`Applicant(s)
`HORIUCHI et al.
`Art Unit
`AIA (FITF) Status
`2462
`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 06/25/2020.
`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)
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`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)
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`1,10,12—13 and 16—19 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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`[:1 Claim(ss)
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`is/are allowed.
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`8)
`Claim(s 1 ,,10 12— 13 and 16— 19 is/are rejected.
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`D Claim(ss_) is/are objected to.
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`) ) ) )
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`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
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`participating intellectual property office for the corresponding application. For more information, please see
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`http://www.uspto.gov/patents/init events/pph/index.jsp or send an inquiry to PPeredback@uspto.gov.
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`Application Papers
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`10)|:I The specification is objected to by the Examiner.
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`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).
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`Priority under 35 U.S.C. § 119
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`12)D 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:l All
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`b)|:] Some**
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`c)l:I None of the:
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`1C] Certified copies of the priority documents have been received.
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`2C] Certified copies of the priority documents have been received in Application No.
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`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)).
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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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`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
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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 04———01
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`
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`Application/Control Number: 15/810,589
`Art Unit: 2462
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`Page 2
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`DETAILED ACTION
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`1. This action is in response to applicant’s amendment filed on 25 June 2020. Claims 1, 10, 12-
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`13, and 16-19 are now pending in the present application and claims 2-9, 11, and 14-15 are
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`cancelled.
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`Notice of Pre-AIA or AIA Status
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`2. 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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`Continued Examination Under 37 CFR 1.114
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`3. A request for continued examination under 37 CFR 1.114, including the fee set forth in 37
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`CFR 1.17(e), was filed in this application after final rejection. Since this application is
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`eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR
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`1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn
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`pursuant to 37 CFR 1.114. Applicant's submission filed on 25 June 2020 has been entered.
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`Priority
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`4. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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`5. Should applicant desire to obtain the benefit of foreign priority under 35 U.S.C. 119(a)—(d)
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`prior to declaration of an interference, a certified English translation of the foreign
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`application must be submitted in reply to this action. 37 CFR 41.154(b) and 41.202(e).
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`Failure to provide a certified translation may result in no benefit being accorded for the non—
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`English application.
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`
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`Application/Control Number: 15/810,589
`Art Unit: 2462
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`Page 3
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`Election/Restrictions
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`6. Applicant’s election without traverse of claims 1—6, 10, and 12—13 in the reply filed on 30
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`November 2019 is acknowledged.
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`Claim Rejections - 35 US C § 103
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`7. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness
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`rejections set forth in this Office action:
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`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.
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`Claim(s) 1, 10, 12-13, and 16-19 are rejected under 35 U.S.C. 103 as being unpatentable
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`over 3GPP TSG RAN WGl #81 (hereinafter 3GPP) (RI-153567) in view of further support
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`by 3GPP TSG RAN WGl #81 (hereinafter 3GPP-#2) (RI-152954) and Kim et al.
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`(hereinafter Kim) (US 2015/0036609 A1).
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`Regarding claims 1, 10, and 12-13, 3GPP discloses a base station comprising:
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`control circuitry which, in operation, allocates a physical downlink shared channel
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`(PDSCH) on a plurality of resource blocks (RB s) determined based on a frequency position
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`of a narrowband and a frequency position of resource block groups (RBGs), wherein a
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`boundary of the frequency position of the narrowband is different from a boundary of the
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`frequency position of the RBGs { (see pp./slides 2—5) }; and
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`a transmitter which, in operation, transmits the PDSCH { (see pp./slides 2—5) }.
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`3GPP clearly discloses the feature(s) indicated above as evidenced by the fact that
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`one of ordinary skill in the art would clearly recognize. However, in the alternative, the
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`examiner maintains that the feature(s) wherein a boundary of the frequency position of the
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`Application/Control Number: 15/810,589
`Art Unit: 2462
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`Page 4
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`narrowband is different from a boundary of the frequency position of the RBGs was well
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`known in the art, as taught by 3GPP—#2.
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`As further alternative support in the same field of endeavor, 3GPP—#2 discloses the
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`feature(s) wherein a boundary of the frequency position of the narrowband is different from a
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`boundary of the frequency position of the RBGs { (see section 2; Figs. la—b), where the
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`system has PRB groups with different definitions (see section 3; Figs. 2a—c) }.
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`Therefore, it would have been obvious to one of ordinary skill in the art at the time
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`the invention was made to combine the teachings of 3GPP as further alternatively supported
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`by 3GPP—#2 to have the feature(s) wherein a boundary of the frequency position of the
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`narrowband is different from a boundary of the frequency position of the RBGs, in order to
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`provide PRB group definition, resource allocation and hopping, as taught by 3GPP—#2 (see
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`section 1).
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`3GPP clearly discloses the feature(s) indicated above as evidenced by the fact that
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`one of ordinary skill in the art would clearly recognize. However, in the alternative, the
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`examiner maintains that the feature(s) allocates a physical downlink shared channel
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`(PDSCH) was well known in the art, as taught by 3GPP—#2.
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`As further alternative support in the same field of endeavor, Kim discloses the
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`feature(s) allocates a physical downlink shared channel (PDSCH)
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`{ (see pg. 3, [0051]; pg. 4,
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`[0069]; pg. 10, [0167]), where the system has allocation of the PDSCH and resources with
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`different boundary }.
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`Therefore, it would have been obvious to one of ordinary skill in the art at the time
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`the invention was made to combine the teachings of 3GPP and 3GPP—#2 as further
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`alternatively supported by Kim to have the feature(s) allocates a physical downlink shared
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`
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`Application/Control Number: 15/810,589
`Art Unit: 2462
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`Page 5
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`channel (PDSCH), in order to provide a method for transmitting a reference signal, as taught
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`by Kim (see pg. 1, [0007]).
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`Regarding claim 16, the combination of 3GPP, 3GPP—#2, and Kim discloses every
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`limitation claimed, as applied above (see claim 1), in addition 3GPP further discloses the
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`base station according to claim 1, wherein the frequency position of the narrowband is set
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`based on an offset that is indicated by a higher layer signaling { (see pp./slides 2—5) }.
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`Regarding claim 17, the combination of 3GPP, 3GPP—#2, and Kim discloses every
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`limitation claimed, as applied above (see claim 1), in addition 3GPP further discloses the
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`base station according to claim 1, wherein the frequency position of the narrowband is set
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`based on an offset, and the offset is determined by a frequency bandwidth { (see pp./slides 2—
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`5) }.
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`Regarding claim 18, the combination of 3GPP, 3GPP—#2, and Kim discloses every
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`limitation claimed, as applied above (see claim 1), in addition 3GPP further discloses the
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`base station according to claim 1, wherein the PDSCH is transmitted in different RBs which
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`are shifted from RBs at different time in case of a frequency hopping { (see pp./slides 2—5) }.
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`Regarding claim 19, the combination of 3GPP, 3GPP—#2, and Kim discloses every
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`limitation claimed, as applied above (see claim 1), in addition 3GPP further discloses the
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`base station according to claim 1, wherein the circuitry, in operation, allocates the PDSCH to
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`a first RBG in a first narrowband and a second RBG in a second narrowband, allocations of
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`RBGs in the first narrowband and the second narrowband are different from each other, and
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`the first RBG includes a first total number of RBs, and the second RBG includes a second
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`total number of RBs equal to the first total number of RBs { (see pp./slides 2—5) }.
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`Application/Control Number: 15/810,589
`Art Unit: 2462
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`Page 6
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`Response to Arguments
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`8.
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`Applicant's arguments with respect to claims l, 10, 12—13, and 16—19 have been
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`considered but are moot in view of the new ground(s) of rejection necessitated by the
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`amended language, new limitations, and/or new claims.
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`In response to applicant’s arguments, the Examiner respectfully disagrees as the
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`applied reference(s) provide more than adequate support and to further clarify (see the above
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`claims for relevant citations and comments in this section).
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`Conclusion
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`9.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to WILLIE J DANIEL JR whose telephone number is (571)272—
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`7907. The examiner can normally be reached on 9 — 6.
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`Examiner interviews are available via telephone, in—person, and video conferencing
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`using a USPTO supplied web—based collaboration tool. To schedule an interview, applicant is
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`encouraged to use the USPTO Automated Interview Request (AIR) at
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`http://www.uspto.gov/interviewpractice.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Yemane Mesfin can be reached on (571) 272—3927. The fax phone number for
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`the organization where this 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
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`Application Information Retrieval (PAIR) system. Status information for published
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`applications may be obtained from either Private PAIR or Public PAIR. Status information
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`Application/Control Number: 15/810,589
`Art Unit: 2462
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`Page 7
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`57 l-272- 1000.
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`/WILLIE J DANIEL JR/
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`Primary Examiner, Art Unit 2462
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`WJD,Jr
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`31 July 2020
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`