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
`
`15/818,574
`
`11/20/2017
`
`HIROSHI TAKAHASHI
`
`731456.459
`
`1022
`
`Seed IP Law Group LLP/Panason1e (PIPCA)
`701 5th Avenue, Suite 5400
`Seattle, WA 98104
`
`ORTIZ DIAZ' MANUEL ANTONIO
`
`ART UNIT
`
`2467
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`PAPER NUMBER
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`NOTIFICATION DATE
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`DELIVERY MODE
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`02/07/2019
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`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.
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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
`
`pairlinkdktg @ seedip .eom
`
`PTOL-90A (Rev. 04/07)
`
`

`

`Off/09 A0170” Summary
`
`Application No.
`15/818,574
`Examiner
`MANUEL A ORTIZ DIAZ
`
`Applicant(s)
`TAKAHASHI et al.
`Art Unit
`AIA Status
`2467
`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
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`1). Responsive to communication(s) filed on 11/20/2017.
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2a)D 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 Expat/7e 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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`E] Claim(s)
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`is/are allowed.
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`Claim(s) 1 and 4—5 is/are rejected.
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`Claim(s) a is/are objected to.
`
`) ) ) )
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`6 7
`
`8
`
`
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`are subject to restriction and/or election requirement
`[:1 Claim(s)
`9
`* 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
`
`http://www.uspto.gov/patents/init events/pph/index.'sp 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 11/20/2017 is/are: a). accepted or b)C] 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:
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`a). All
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`b)|:] Some”
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`c)C] None of the:
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`1.. Certified copies of the priority documents have been received.
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`21:] 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)
`
`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
`
`3) C] 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 20190130
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`

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`Application/Control Number: 15/818,574
`Art Unit: 2467
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`Page 2
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`DETAILED ACTION
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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,
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`is being examined under the
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`first inventor to file provisions of the AIA.
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`Title
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`The title of the invention is not descriptive. A new title is required that is clearly
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`indicative of the invention to which the claims are directed.
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`Claim Objections
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`Claim 2 is objected to because the limitation “wherein the number-of-training-packets
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`determining circuit determines a larger one of the number M and a number obtained by
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`adding 1 to the number S to be the number of training packets ” does not cover the event in
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`which the number M and a number obtained by adding one to the number S are equal. This
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`creates a conflict of not being able to determine a larger number of the two and renders this claim
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`unclear. Examiner reviewed the specification and found Figures 6 and 7 to provide more details
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`regarding determination of the number of training packets to be used. In Figure 6, if number M is
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`greater or egual to number Smax +1, number M is selected as the number of training packets,
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`otherwise, if number Smax +1 is greater than number M, number Smax +1 is selected as the
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`number of training packets. Figure 7 provides an example of said determination of a number of
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`training packets to be used. Examiner respectfully requests Applicant amend this claim in order
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`to accurately reflect the supporting evidence found in the specification.
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`

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`Application/Control Number: 15/818,574
`Art Unit: 2467
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`Page 3
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`Claim 3 is objected to because of the following informalities:
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`0
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`“when the number of second base-station apparatuses” should read “when a
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`number of second base—station apparatuses”
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`o
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`“the number of second beam patterns ” should read “the number of second
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`directional beam patterns”.
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`Appropriate correction is required.
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`Claim Rejections - 35 USC § 103
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`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, notwithstandingthat 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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`Claims 1 and5 are rel'ected under35 U.S. C. 103 as being unQatentable over Irie etal.
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`(US 2015/0249929A1), hereinafter Irie, in view 0: Y00 (US 20] 7/0033854A1).
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`Regarding claim 1, Irie discloses, “A base-station control apparatus, comprising:
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`a number-of-training-packets determining circuit (Control unit #30, Fig. 1) that
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`determines a number of training packets to be transmitted (Base station 10—1 includes a control
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`unit #30 that performs beamforming training between the four base stations (10—1 to 10—4, Fig.
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`1), including itself, and four terminal stations (11—1 to 11—4, Fig. 1) (para. 0066). The control unit
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`in base station 10—1 selectively switches the plurality of combinations of beams [from base
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`

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`Application/Control Number: 15/818,574
`Art Unit: 2467
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`Page 4
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`stations 10—1 to 10—4] and transmits training frames to the four terminal stations (para. 0067).
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`Thus, the control unit in base station 10—1 determines a number of training frames (number of
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`training packets) to be transmitted)
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`based on a number M offirst directional beam patterns used by a first base-station
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`apparatus connected to the wireless terminal and a number S of second directional beam
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`patterns used by at least one second base-station apparatus not connected to the
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`wireless terminal (Based on the result of the training frames at the four terminal stations 11—1 to
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`11—4, the control unit stores information representing a combination of beams that provide the
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`best overall performance of the four base stations 10—1 to 10—4, such that this combination is used
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`by the base stations 10—1 to 10—4 to communicate with the corresponding terminal stations 11—1
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`to 11—4 (para. 0068). Thus, the training frames are based on a number of directional beam
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`patterns used by base station 10—1 (first base-station apparatus) and a number of directional
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`beam patterns used by base stations 10—2 to 10—4 (at leasta second-base station apparatus),
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`which are not connected to the Wireless terminal 11—1 (Fig. 1). Furthermore, in an exemplary
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`operation, as disclosed by Irie, each base station has three beams (para. 0066). Thus, based on
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`this example, a number M of beams from base station 10—1 is three (3) and a number S from at
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`least base station 10—2 (or base stations 10—2 to 10—4) is three (3)); and
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`a notification issuing circuit (result—acquisition and determination unit 41, Fig. 1) that
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`issues a notification indicating the determined number of training packets to the first base-
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`station apparatus (Once receiving the Tr Start Command, the base station 10—1 (first base—station
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`apparatus) starts the beam forming training and also receives a command specifying a beam
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`pattern to be used form the result—acquisition and determination unit 41 (Fig. 1))”.
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`

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`Application/Control Number: 15/818,574
`Art Unit: 2467
`
`Page 5
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`Irie does not explicitly disclose, the number of training packets to be transmitted “by a
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`wireless terminal (Irie discloses that during the synchronous beamforming training, one of the
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`parameters that is notified is the number of training frames to be transmitted (para. 0081).
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`Furthermore, beamforming training is conducted between all base stations and their
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`corresponding terminal stations (para. 0066), which suggests that this information is notified to
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`the terminal stations)”.
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`However, in an analogous system, Yoo discloses, “by a wireless terminal (Serving BS
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`410 sends MS 400 parameters for transmission of an uplink (UL) beam training signal (para.
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`0074))”.
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`It would have been obvious to one of ordinary skill
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`in the art before the effective filing
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`date of the claimed invention to allow the system disclosed by Irie, to send
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`information/parameters to be used for the transmission of uplink beam training signals to the
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`mobile station, as disclosed by Yoo. Doing so would allow the system disclosed by Irie to
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`perform better beamforming coordination/decos ions in order to prevent or reduce interference
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`between the serving and neighboring base stations.
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`Regarding claim 5, Irie discloses, “A control method, comprising:
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`determining a number of training packets to be transmitted (Base station 10—1 includes
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`a control unit #30 that performs beamforming training between the four base stations (10—1 to
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`10—4, Fig. 1), including itself, and four terminal stations (11—1 to 11—4, Fig. 1) (para. 0066). The
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`control unit in base station 10—1 selectively switches the plurality of combinations of beams
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`[from base stations 10—1 to 10—4] and transmits training frames to the four terminal stations (para.
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`

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`Application/Control Number: 15/818,574
`Art Unit: 2467
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`Page 6
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`0067). Thus, the control unit in base station lO—l determines a number of training frames
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`(number of training packets) to be transmitted)
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`based on a number M offirst directional beam patterns used by a first base-station
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`apparatus connected to the wireless terminal and a numbers S of second directional beam
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`patterns used by at least one second base-station apparatus not connected to the wireless
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`terminal (Based on the result of the training frames at the four terminal stations 11—1 to 11—4, the
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`control unit stores information representing a combination of beams that provide the best overall
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`performance of the four base stations 10—1 to 10—4, such that this combination is used by the base
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`stations 10—1 to 10—4 to communicate with the corresponding terminal stations 11—1 to 11—4
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`(para. 0068). Thus, the training frames are based on a number of directional beam patterns used
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`by base station lO—l (first base-station apparatus) and a number of directional beam patterns
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`used by base stations 10—2 to 10—4 (atleasta second-base station apparatus), which are not
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`connected to the Wireless terminal ll—l (Fig. 1). Furthermore, in an exemplary operation, as
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`disclosed by Irie, each base station has three beams (para. 0066). Thus, based on this example, a
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`number M of beams from base station 10—1 is three (3) and a number S from at least base station
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`10—2 (or base stations 10—2 to 10—4) is three (3)); and
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`issuing a notification indicating the determined number of training packets to the first
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`base-station apparatus (Once receiving the Tr Start Command, the base station lO—l (first base—
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`station apparatus) starts the beam forming training and also receives a command specifying a
`
`beam pattern to be used form the result—acquisition and determination unit 41 (Fig. 1))”.
`
`Irie does not explicitly disclose, the number of training packets to be transmitted “by a
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`wireless terminal (Irie discloses that during the synchronous beamforming training, one of the
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`parameters that is notified is the number of training frames to be transmitted (para. 008l).
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`

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`Application/Control Number: 15/818,574
`Art Unit: 2467
`
`Page 7
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`Furthermore, beamforming training is conducted between all base stations and their
`
`corresponding terminal stations (para. 0066), which suggests that this information is notified to
`
`the terminal stations)”.
`
`However, in an analogous system, Yoo discloses, “by a wireless terminal (Serving BS
`
`410 sends MS 400 parameters for transmission of an uplink (UL) beam training signal (para.
`
`0074))”.
`
`It would have been obvious to one of ordinary skill
`
`in the art before the effective filing
`
`date of the claimed invention to allow the system disclosed by Irie, to send
`
`information/parameters to be used for the transmission of uplink beam training signals to the
`
`mobile station, as disclosed by Yoo. Doing so would allow the system disclosed by Irie to
`
`perform better beamforming coordination/decos ions in order to prevent or reduce interference
`
`between the serving and neighboring base stations.
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`Claim 4 is reiected under 35 US. C. 103 as being unQatentable over Y00 (US
`
`20] 7/0033854 A] l in view 0: Marinier et al. (US 2006/0056345A1), hereinafterMarinier.
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`Regarding claim 4, Yoo discloses, “A base-station apparatus, comprising:
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`a receiving circuit (Receiver modem 825 and RF unit 820, Fig. 8 and 10, para. 0091 and
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`0095) that receives a plurality of training packets transmittedfrom a wireless terminal that is
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`not connected (The beam tracking target BS 416 (base—station apparatus) may estimate the best
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`BS reception beam and the best MS transmission beam using the beam training signal (training
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`packet) received from MS 400 (para. 0075). Determining the best transmission beam using the
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`beam training signal shows that there are a plurality of training beams transmitted from wireless
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`

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`Application/Control Number: 15/818,574
`Art Unit: 2467
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`Page 8
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`terminal MS 400. MS 400 is not connected to BS 416, which has been identified as a possible
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`handover target (see para. 0077)); and
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`a reception-quality determining circuit (Beam measurement (BM) slot receiver 1010,
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`Fig. 10, para. 0095) that determines reception qualities of the received training packets (Target
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`BS 416 estimates its best reception beams and the best MS transmission beams using the beam
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`training signals received from the MS 400 (para. 0075 and 0077)),
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`the reception-quality determining circuit (Beam measurement (BM) slot receiver 1010,
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`Fig. 10, para. 0095) determines reception qualities of the training packets received using the
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`directional beam pattern (As discussed above, target BS 416 estimates its best reception beams
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`and the best MS transmission beams using the beam training signals received from the MS 400
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`(para. 0075 and 77). As seen in Fig. 4g—i, the beam training signals are received using directional
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`beam patterns)”.
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`Yoo does not explicitly disclose, “wherein, after receiving a first training packet ofthe
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`plurality of training packets by using an omnidirectional beam pattern, the receiving circuit
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`switches a beam pattern to a directional beam pattern to receive the training packets
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`following the first training packet (Yoo discloses, the receiving circuit and receiving a plurality
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`of beam training signals but does not disclose if an omnidirectional beam pattern is used)”.
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`However, in an analogous system, Marinier discloses, “wherein, after receiving afirst
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`training packet of the plurality of training packets by using an omnidirectional beam pattern,
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`the receiving circuit switches a beam pattern to a directional beam pattern to receive the
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`training packets following the first training packet (The AP receives the packet from the STA
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`on the omni—directional beam, decodes the beam indicator contained in the packet, and switches
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`

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`Application/Control Number: 15/818,574
`Art Unit: 2467
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`Page 9
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`the antenna to the selected [directional] beam to receive the remainder of the packet (para.
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`0044)) ”.
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`It would have been obvious to one of ordinary skill
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`in the art before the effective filing
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`date of the claimed invention to allow the base station disclosed by Yoo, to use an
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`omnidirectional beam during the reception of the first beam training signal and then switch to the
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`directional beam indicated in a beam indicator, as disclosed by Marinier. Doing this would allow
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`the base station disclosed by Yoo to select the most appropriate directional beam pattern for
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`communicating with the MS 400 if a handover is executed.
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`Allowable Subject Matter
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`Claims 2 and 3 would be allowable if rewritten to overcome the Claim Objections set
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`forth in this Office action and to include all of the limitations of the base claim and any
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`intervening claims.
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`Conclusion
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to MANUEL A. ORTIZ DIAZ whose telephone number is
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`(303)297—4444. The examiner can normally be reached on Monday—Friday 0730—1700 MT.
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`Examiner interviews are available via telephone,
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`in—person, and video conferencing using
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`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 J/www . uspto. gov/interviewpractice.
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`

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`Application/Control Number: 15/818,574
`Art Unit: 2467
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`Page 10
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Hassan A. Phillips can be reached on 571—272—3940. The fax phone number for the
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`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
`
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`may be obtained from either Private PAIR or Public PAIR. Status information for unpublished
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`
`/MANUEL A. ORTIZ DIAZ/
`
`Examiner, Art Unit 2467
`
`/HASSAN A PHILLIPS/
`
`Supervisory Patent Examiner, Art Unit 2467
`
`