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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
`
`15/862,429
`
`01/04/2018
`
`Atsushi Matsumoto
`
`733456.403C6
`
`4535
`
`Seed IP Law Group LLP/Panason1e
`701 Fifth Avenue, Suite 5400
`Seattle, WA 98104
`
`CHOUDHURY' FAISAL
`
`ART UNIT
`
`2478
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`03/05/2020
`
`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.
`15/862,429
`Examiner
`FAISAL CHOUDHURY
`
`Applicant(s)
`Matsumoto et al.
`Art Unit
`AIA (FITF) Status
`2478
`N0
`
`- 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 1/21/2020.
`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) fl 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 126 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)|:l 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) [3 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 20200302
`
`

`

`Application/Control Number: 15/862,429
`Art Unit: 2478
`
`Page 2
`
`1.
`
`The present application is being examined under the pre-AIA first to invent provisions.
`
`Notice of Pre-AIA or AIA Status
`
`Continued Examination Under 37 CFR 1.114
`
`1.
`
`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 1/21/2020 has been entered.
`
`Remarks
`
`1.
`
`On pages 7-9 of the remarks, Applicant argues prior art fails to teach the claimed limitation ”
`
`one or more frequency resources are uniformly distributed in the frequency band and a time
`
`domain according to the variable transmission bandwidth”
`
`In response, examiner respectfully disagrees. Prior art 3GPP R1-073116 at Fig.1 shows
`
`frequency in X axis and 1.0 ms sub-frame in the Y axis. Here 1.0 ms sub-frame in the Y axis corresponds
`
`to time domain. Prior art Fig.1 also shows 25 R35. Fig.1 also shows time-frequency RBs also includes
`
`different types of RS (i.e CS-RS, DM RS etc) and also shows of including PUCCH in the both end of the
`
`system bandwidth SMHz. 3GPP also discloses of using different transmission bandwidth (i.e 1.25 MHz,
`
`2.5 MHz etc) for transmitting RS and PUCCH. In the claim, Applicant does not further clarify how the
`
`frequency resources are uniformly distributed. Fig.1 also shows 23 R35 of 25 R35 are allocated to CS-RS
`
`and DM RS means they are uniformly distributed.
`
`

`

`Application/Control Number: 15/862,429
`Art Unit: 2478
`
`Page 3
`
`For the above reasons, examiner maintains the rejection.
`
`Claim Rejections - 35 USC § 102
`
`1.
`
`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:
`
`(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.
`
`2.
`
`Claim(s) 1, 3-12, 14 and 16-25 is/are rejected under 35 U.S.C. 102 (e) as being anticipated by
`
`NFL 3GPP R1-073116 to Samsung et al. (hereinafter Samsung).
`
`As to claims 1 and 14, Samsung discloses an integrated circuit to control a process, the process
`
`comprising:
`
`mapping, in at least a first mode of operation, one or more reference signals to one or more
`
`frequency resources in a frequency band, the frequency band having a variable transmission bandwidth
`
`within a system bandwidth, the variable transmission bandwidth being provided between control
`
`channels mapped to both ends of the system bandwidth, wherein each of the one or more frequency
`
`resources is of a fixed bandwidth and the one or more frequency resources are uniformly distributed in
`
`the frequency band and a time domain according to the variable transmission bandwidth (Samsung;
`
`Section 1 and section 6 discloses a uplink transmission corresponds to first mode; Fig.1-2; Section 2 and
`
`section 4 shows and discloses of mapping RS (=reference signal) to a frequency resource in a frequency
`
`band. Fig.2; section 4 shows and discloses variable transmission bandwidth 1.25 MHz and 5 MHz in a
`
`system bandwidth 5MHz. Fig.1 shows transmission bandwidth is between two PUCCH. Fig.1 shows
`
`

`

`Application/Control Number: 15/862,429
`Art Unit: 2478
`
`Page 4
`
`frequency in X axis and 1.0 ms sub-frame in the Y axis. Here 1.0 ms sub-frame in the Y axis corresponds
`
`to time domain. Prior art Fig.1 also shows 25 RBs. Fig.1 also shows time-frequency RBs also includes
`
`different types of RS (i.e CS-RS, DM RS etc) and also shows of including PUCCH in the both end of the
`
`system bandwidth 5MHz. SGPP also discloses of using different transmission bandwidth (i.e 1.25 MHz,
`
`2.5 MHz etc) for transmitting RS and PUCCH. In the claim, Applicant does not further clarify how the
`
`frequency resources are uniformly distributed in frequency band and time domain. Fig.1 shows 23 RBs
`
`of 25 R35 are allocated to CS-RS and DM RS means they are uniformly distributed in frequency band and
`
`time domain)
`
`transmitting, in at least the first mode of operation, the one or more reference signals
`
`(Samsung; Fig.1; Section 2 shows and discloses wherein RS is transmitted in PUSCH).
`
`As to claims 3 and 16, the rejection of claim 1 as listed above is incorporated herein. In addition
`
`Samsung discloses wherein a number of the one or more frequency resources varies according to the
`
`variable transmission bandwidth (Samsung; Fig.2-3 and section 4).
`
`As to claims 4 and 17, the rejection of claim 1 as listed above is incorporated herein. In addition
`
`Samsung discloses the process comprising mapping, in a second mode of operation, a reference signal to
`
`a single frequency resource, the single frequency resource having a bandwidth equal to the transmission
`
`bandwidth (Samsung; Fig.1-2 and Sections 2-4).
`
`As to claims 5 and 18, the rejection of claim 3 as listed above is incorporated herein. In addition
`
`Samsung discloses wherein the number of the one or more frequency resources is one (Samsung; Fig.1-2
`
`and Sections 2-4).
`
`

`

`Application/Control Number: 15/862,429
`Art Unit: 2478
`
`Page 5
`
`As to claims 6 and 19, the rejection of claim 1 as listed above is incorporated herein. In addition
`
`Samsung discloses the process comprising receiving, in at least the first mode of operation, control
`
`information associated with the one or more frequency resources, wherein the mapping includes
`
`mapping the one or more reference signals to the one or more frequency resources based on the
`
`control information (Samsung; Fig.1-2 and Sections 2-4).
`
`As to claims 7 and 20, the rejection of claim 1 as listed above is incorporated herein. In addition
`
`Samsung discloses wherein the variable transmission bandwidth is equal to the system bandwidth minus
`
`a band to which the control channels are mapped (Samsung; Fig.1-2 and Sections 2-4).
`
`As to claims 8 and 21, the rejection of claim 3 as listed above is incorporated herein. In addition
`
`Samsung discloses wherein when the number is greater than one, the mapping includes mapping a
`
`plurality of reference signals to a plurality of frequency resources using frequency hopping to transmit a
`
`reference signal on each of the plurality of frequency resources (Samsung; Fig.1-2 and Sections 2-4).
`
`As to claims 9 and 22, the rejection of claim 1 as listed above is incorporated herein. In addition
`
`Samsung discloses wherein the transmission bandwidth is one of a plurality of different transmission
`
`bandwidths (Samsung; Fig.1-2 and Sections 2-4).
`
`As to claims 10 and 23, the rejection of claim 1 as listed above is incorporated herein. In
`
`addition Samsung discloses wherein each of the one or more frequency resources is a unit of
`
`transmission of a reference signal (Samsung; Fig.1-2 and Sections 2-4)
`
`

`

`Application/Control Number: 15/862,429
`Art Unit: 2478
`
`Page 6
`
`As to claims 11 and 24, the rejection of claim 1 as listed above is incorporated herein. In
`
`addition Samsung discloses wherein the one or more reference signals are one or more sounding
`
`reference signals (Samsung; Fig.1-2 and Sections 2-4)
`
`As to claims 12 and 25, the rejection of claim 1 as listed above is incorporated herein. In
`
`addition Samsung discloses wherein the one or more frequency resources are different time resources
`
`(Samsung; Fig.1-2 and Sections 2-4)
`
`Claim Rejections - 35 USC § 103
`
`1.
`
`The following is a quotation of 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 of this title, 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.
`
`2.
`
`The factual inquiries set forth in Graham v. John Deere C0,, 383 U.S. 1, 148 USPQ 459 (1966),
`
`that are applied for establishing a background for determining obviousness under 35 U.S.C. 103(a) are
`
`summarized as follows:
`
`PENN!“
`
`Determining the scope and contents of the prior art.
`
`Ascertaining the differences between the prior art and the claims at issue.
`
`Resolving the level of ordinary skill in the pertinent art.
`
`Considering objective evidence present in the application indicating obviousness or
`nonobviousness.
`
`

`

`Application/Control Number: 15/862,429
`Art Unit: 2478
`
`Page 7
`
`3.
`
`Claim(s) 2, 13, 15 and 26 is/are rejected under 35 U.S.C. 103(a) as being unpatentable over NPL
`
`SGPP R1-073116 to Samsung et al. (hereinafter Samsung) in view of U.S. Pre-Grant Publication US
`
`2008/0242245 A1 to Aparin et al. (hereinafter Aparin)
`
`As to claims 2 and 15, Samsung discloses of transmitting and receiving signal. Samsung fails to
`
`discloses a circuitry including input and output. However, Aprain discloses the integrated circuit
`
`comprising:
`
`circuitry, which, in operation, controls the process (Aprain; [0007]);
`
`at least one input coupled to the circuitry, wherein the at least one input, in operation, inputs
`
`data (Aprain; [0007]); and
`
`at least one output coupled to the circuity, wherein the at least one output, in operation,
`
`outputs data (Aprain; [0007]).
`
`It is obvious for person of ordinary skilled in the art to combine teachings before the invention,
`
`because both of the references discloses of transmitting and receiving information. One would be
`
`motivated to combine the teachings in order to transmit and receive the signal by using transmitter and
`
`receiver and thus provide a QoS.
`
`As to claims 13 and 26, the rejection of claim 1 as listed above is incorporated herein. In
`
`addition Samsung-Aprain discloses wherein the at least one output and the at least one input, in
`
`operation, are coupled to an antenna (Aprain; [0007]).
`
`

`

`Application/Control Number: 15/862,429
`Art Unit: 2478
`
`Page 8
`
`Conclusion
`
`1.
`
`Any inquiry concerning this communication or earlier communications from the examiner
`
`should be directed to FAISAL CHOUDHURY whose telephone number is (571)270-3001. The examiner
`
`can normally be reached on M-F SAM-6PM.
`
`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,
`
`Derrick Ferris can be reached on 5712723123. 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 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 571-272-1000.
`
`/FAISAL CHOUDHURY/
`
`Primary Examiner, Art Unit 2478
`
`

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