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
`
`15/908,536
`
`02/28/2018
`
`MASASHI KOBAYASHI
`
`731156690
`
`9020
`
`Seed IP Law Group LLP/Panason1e
`701 Fifth Avenue, Suite 5400
`Seattle, WA 98104
`
`NEFF' MICHAEL R
`
`ART UNIT
`
`2631
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`04/12/2019
`
`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)
`
`

`

`0/7709 A0170” Summary
`
`Application No.
`15/908,536
`Examiner
`MICHAEL R NEFF
`
`Applicant(s)
`KOBAYASHI et al.
`Art Unit
`AIA (FITF) Status
`2631
`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 2/28/2018.
`[: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—11 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) 1—2 and 5—7 is/are rejected.
`
`Claim(s) 3—4 and 8-11 is/are objected to.
`
`) ) ) )
`
`6 7
`
`8
`
`
`
`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
`
`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 2/28/2018 is/are: a). accepted or b)l:] 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). All
`
`b)|:] Some**
`
`c)C] 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.
`
`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)
`
`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 20190408
`
`

`

`Application/Control Number: 15/908,536
`Art Unit: 2631
`
`Page 2
`
`DETAILED ACTION
`
`Notice of Pre-AIA or AIA Status
`
`1.
`
`The present application, filed on or after March 16, 2013,
`
`is being examined
`
`under the first inventor to file provisions of the AIA.
`
`2.
`
`Claims 2 and 6 are objected to because of the following informalities:
`
`Claim Objections
`
`a.
`
`Re claim 2, there is no ‘the first signal’ established, only ‘the plurality of
`
`first signals’, a correction is required to clearly state the intent of the limitations.
`
`b.
`
`Re claim 6, there is no ‘the first signal’ established, only ‘the plurality of
`
`first signals’, a correction is required to clearly state the intent of the limitations.
`
`Appropriate correction is required.
`
`Claim Rejections - 35 USC § 103
`
`3.
`
`In the event the determination of the status of the application as subject to AIA 35
`
`U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any
`
`correction of the statutory basis for the rejection will not be considered a new ground of
`
`rejection if the prior art relied upon, and the rationale supporting the rejection, would be
`
`the same under either status.
`
`4.
`
`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:
`
`

`

`Application/Control Number: 15/908,536
`Art Unit: 2631
`
`Page 3
`
`A patent for a claimed invention may notbe obtained, notwithstanding that the claimed
`invention is not identicallydisclosed as set forth in section 102, if the differences between the
`claimed invention and the priorartare such that the claimed invention as awhole would have
`been obvious before the effective filing date of the claimed invention to a person having
`ordinaryskill in the art to which the claimed invention pertains. Patentabilitys hall notbe
`negated by the manner in which the invention was made.
`
`5.
`
`The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148
`
`USPQ 459 (1966), that are applied for establishing a background for determining
`
`obviousness under 35 U.S.C. 103 are summarized as follows:
`
`1. Determining the scope and contents of the prior art.
`
`2. Ascertaining the differences between the prior art and the claims at issue.
`
`3. Resolving the level of ordinary skill in the pertinent art.
`
`4. Considering objective evidence present in the application indicating
`
`obviousness or nonobviousness.
`
`6.
`
`Claims 1, 5 and 7 are rejected under 35 U.S.C. 103 as being unpatentable
`
`over Tsutsui (herein after Tsu) (US Pub 20080318606) in view of Pan (US Pub
`
`20090093221 ).
`
`Re claim 1, Tsu discloses a terminal device, comprising:
`
`communication circuitry (Figure 2 element 2 ‘receiver side’ comprising elements
`
`21, 24, 27; Paragraphs 90, 94, 104-105, 112-113) that carries out first data
`
`communication (Paragraphs 86-89, 90, 94) with a base station device (Figure 2 element
`
`1 ‘transmitter side’ communications from elements 16 to 21; Paragraph 84, 86-89, 90,
`
`94) by using a first beam and then receives (Paragraph 84, 86-89, 90, 94), by using a
`
`reception beam (Paragraph 84, 86-89, 90, 94), a plurality of first signals transmitted by
`
`the base station device (Paragraph 84, 86-89, 90, 94)by using respective transmission
`
`beams (Figure 2 element; Paragraphs 90, 94, 104-105, 112-113); and
`
`

`

`Application/Control Number: 15/908,536
`Art Unit: 2631
`
`Page 4
`
`determination circuitry (Figure 2 elements 24, 27; Paragraphs 84, 90, 94, 104-
`
`105, 112-113) that calculates a reception quality of the plurality of first signals (Figure 2
`
`elements 24, 27; Paragraphs 84, 90, 94, 104-105, 112-113) and determines a second
`
`beam (Figure 2 elements 24, 27; Paragraphs 84, 90, 94, 104-105, 112-113) of which
`
`the reception quality (Figure 2 elements 24, 27; Paragraphs 84, 90, 94, 104-105, 112-
`
`113) is the highest among the plurality of transmission beams (Figure 2 elements 24,
`
`27; Paragraphs 84, 90, 94, 104-105, 112-113),
`
`wherein the communication circuitry transmits a feedback signal (Figure 2
`
`‘feedback’; Paragraphs 84, 96, 104-105, 112-113) including information indicating the
`
`second beam to the base station device (Figure 2 ‘feedback’ to ‘feedback information’
`
`elements; Paragraphs 84, 96, 104-105, 112-113) by using the first beam and starts
`
`second data communication with the base station device (Figure 2 ‘feedback’ to
`
`‘feedback information’ elements; Paragraphs 84, 96, 104-105, 112-113); however Tsu
`
`fails to explicitly disclose wherein (1) the circuitry starts a second data communication
`
`with the base station device by using the first beam in a case in which the
`
`communicator receives, from the base station device, a response signal indicating that
`
`the feedback signal being received by the base station device.
`
`This design is however disclosed by Pan. Pan discloses wherein the circuitry
`
`starts a second data communication (Paragraphs 22-24) with the base station device by
`
`using the first beam in a case in which the communicator receives (Paragraphs 22-24),
`
`from the base station device (Paragraphs 22-24), a response signal indicating that the
`
`feedback signal being received by the base station device (Paragraphs 22-24).
`
`

`

`Application/Control Number: 15/908,536
`Art Unit: 2631
`
`Page 5
`
`Therefore it would have been obvious to one of ordinary skill in the art at the time
`
`the invention was made to modify the disclosure of Tsu in order to include a feedback
`
`acknowledgment in the subsequent base station communication as shown in Pan in
`
`order to improve the efficiency and known elements in a communication design
`
`between two components by indicating to the user that the beam manipulation
`
`suggested in the feedback information has been acquired and successfully
`
`im plemented.
`
`Re claim 5, Tsu discloses a base station device (Figure 2 element 1 ‘transmitter
`
`side’; Paragraph 84, 86-89, 90, 94), comprising:
`
`a controller (Figure 2 elements 15/13; Paragraph 84-86) that generates a plurality
`
`of first signals (Figure 2 elements 15/13; Paragraph 84-86); and
`
`a communication circuitry (Figure 2 elements 14/17/16; Paragraph 84, 86-89)
`
`that carries out first data communication (Figure 2 elements 14/17/16; Paragraph 84,
`
`86-89) with a terminal device (Figure 2 elements 14/17/16; Paragraph 84, 86-89) that
`
`uses a first beam and then transmits (Figure 2 elements 14/17/16; Paragraph 84, 86-
`
`89), to the terminal device, the plurality of first signals (Figure 2 elements 14/17/16;
`
`Paragraph 84, 86-89) by using respective transmission beams (Figure 2 elements
`
`14/17/16; Paragraph 84, 86-89), wherein the plurality of transmission beams include a
`
`second beam (Paragraphs 84, 86-88, 94, 104-105, 112-113) of which reception quality
`
`is the highest (Paragraphs 84, 86-88, 94, 104-105, 112-113) in a case in which the first
`
`signals are received (Paragraphs 84, 86-88, 94, 104-105, 112-113) with the use of a
`
`

`

`Application/Control Number: 15/908,536
`Art Unit: 2631
`
`Page 6
`
`reception beam of the terminal device (Paragraphs 84, 86-88, 94, 104-105, 112-113),
`
`and
`
`wherein,
`
`in a case in which a feedback signal (Paragraphs 84, 86-88, 94, 104-
`
`105, 112-113) including the second beam is received from the terminal device (Figure 1
`
`‘feedback information’; Paragraphs 84, 86-88, 94, 104-105, 112-113) and starts second
`
`data communication with the terminal device (Paragraphs 84, 86-88, 94, 104-105, 112-
`
`113), but fails to explicitly disclose wherein (1) the communication circuitry transmits a
`
`response signal to the terminal device by using the second beam and starts second
`
`data communication with the terminal device.
`
`Regarding item (1) above this design is however disclosed by Pan. Pan
`
`discloses the communication circuitry transmits a response signal to the terminal device
`
`(Paragraphs 22-24) by using the second beam (Paragraphs 22-24) and starts second
`
`data communication (Paragraphs 22-24) with the terminal device (Paragraphs 22-24).
`
`Therefore it would have been obvious to one of ordinary skill in the art at the time
`
`the invention was made to modify the disclosure of Tsu in order to include a feedback
`
`acknowledgment in the subsequent base station communication as shown in Pan in
`
`order to improve the efficiency and known elements in a communication design
`
`between two components by indicating to the user that the beam manipulation
`
`suggested in the feedback information has been acquired and successfully
`
`im plemented.
`
`Re claim 7, Tsu discloses a wireless communication system, comprising:
`
`

`

`Application/Control Number: 15/908,536
`Art Unit: 2631
`
`Page 7
`
`a base station device (Figure 2 element 1 ‘transmitter side’; Paragraph 84, 86-89,
`
`90, 94) that includes a controller (Figure 2 elements 15/13; Paragraph 84-86) that
`
`generates a plurality of firstsignals (Figure 2 elements 15/13; Paragraph 84-86) and a
`
`second communication circuitry (Figure 2 elements 14/17/16; Paragraph 84, 86-89) that
`
`transmits the plurality of first signals (Figure 2 elements 14/17/16; Paragraph 84, 86-89)
`
`by using respective second transmission beams (Figure 2 elements 14/17/16;
`
`Paragraph 84, 86-89); and
`
`a terminal device (Figure 2 element 2 ‘receiver side’ comprising elements 21, 24,
`
`27; Paragraphs 90, 94, 104-105, 112-113) that includes afirst communication circuitry
`
`(Figure 2 element 2 ‘receiver side’ comprising elements 21, 24, 27; Paragraphs 90, 94,
`
`104-105, 112-113) that carries out first data communication (Figure 2 element 2
`
`‘receiver side’ comprising elements 21, 24, 27; Paragraphs 90, 94, 104-105, 112-113)
`
`with the base station device by using a first beam (Figure 2 element 2 ‘receiver side’
`
`comprising elements 21, 24, 27; Paragraphs 90, 94, 104-105, 112-113) and then
`
`receives the plurality of first signals by using a reception beam (Figure 2 element 2
`
`‘receiver side’ comprising elements 21, 24, 27; Paragraphs 90, 94, 104-105, 112-113)
`
`and a first determination circuitry (Figure 2 elements 24, 27; Paragraphs 84, 90, 94,
`
`104-105, 112-113) that calculates a reception quality of the plurality of first signals
`
`(Figure 2 elements 24, 27; Paragraphs 84, 90, 94, 104-105, 112-113) and determines a
`
`second beam (Figure 2 elements 24, 27; Paragraphs 84, 90, 94, 104-105, 112-113) of
`
`which the reception quality is the highest (Figure 2 elements 24, 27; Paragraphs 84, 90,
`
`94, 104-105, 112-113) among the plurality of second transmission beams (Figure 2
`
`elements 24, 27; Paragraphs 84, 90, 94, 104-105, 112-113),
`
`

`

`Application/Control Number: 15/908,536
`Art Unit: 2631
`
`Page 8
`
`wherein the first communication circuitry transmits a first feedback signal (Figure
`
`1 ‘feedback information’; Paragraphs 84, 86-88, 94, 104-105, 112-113) including
`
`information indicating the second beam (Figure 1 ‘feedback information’; Paragraphs
`
`84, 86-88, 94, 104-105, 112-113) to the base station device by using the first beam
`
`(Figure 1 ‘feedback information’; Paragraphs 84, 86-88, 94, 104-105, 112-113), and
`
`wherein,
`
`in a case in which the first response signal is received (Paragraphs 84,
`
`86-88, 94, 104-105, 112-113) from the base station device by using the first beam
`
`(Paragraphs 84, 86-88, 94, 104-105, 112-113), the first communication circuitry starts
`
`second data communication (Paragraphs 84, 86-88, 94, 104-105, 112-113) with the
`
`base station device after the first data communication (Paragraphs 84, 86-88, 94, 104-
`
`105, 112-113); however Tsu fails to explicitly disclose wherein (1) in a case in which the
`
`first feedback signal is received, the second communication circuitry transmits a first
`
`response signal to the terminal device by using the second beam.
`
`Regarding item (1) above this design is however disclosed by Pan. Pan
`
`discloses wherein in a case in which the first feedback signal is received (Paragraphs
`
`22-24), the second communication circuitry transmits a first response signal
`
`(Paragraphs 22-24) to the terminal device by using the second beam (Paragraphs 22-
`
`24).
`
`Therefore it would have been obvious to one of ordinary skill in the art at the time
`
`the invention was made to modify the disclosure of Tsu in order to include a feedback
`
`acknowledgment in the subsequent base station communication as shown in Pan in
`
`order to improve the efficiency and known elements in a communication design
`
`between two components by indicating to the user that the beam manipulation
`
`

`

`Application/Control Number: 15/908,536
`Art Unit: 2631
`
`Page 9
`
`suggested in the feedback information has been acquired and successfully
`
`im plemented.
`
`7.
`
`Claims 2 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Tsu and Pan as applied to claims 1 and 5 above, and further in view of Kwak (US
`
`Pate nt 20150282001).
`
`Re claim 2, the combined disclosure of Tsu and Pan as a whole discloses the
`
`terminal device according to Claim 1, but fails however to explicitly disclose wherein the
`
`first signal is included in a beacon that the base station device transmits to the terminal
`
`device.
`
`This design is however disclosed by Kwak. Kwak discloses wherein the first
`
`signal is included in a beacon (Paragraph 43) that the base station device transmits to
`
`the terminal device (Paragraph 43).
`
`Therefore it would have been obvious to one of ordinary skill in the art at the time
`
`the invention was made to modify the disclosure of Tsu in order to incorporate the
`
`beacon signaling as shown in Kwak in order to effectively locate and establish
`
`communication pairings in the given environment.
`
`Re claim 6, the combined disclosure of Tsu and Pan as a whole discloses the
`
`base station device according to Claim 5, but fails however to explicitly disclose wherein
`
`the first signal is included in a beacon that the base station device transmits to the
`
`terminal device.
`
`

`

`Application/Control Number: 15/908,536
`Art Unit: 2631
`
`Page 10
`
`This design is however disclosed by Kwak. Kwak discloses wherein the first
`
`signal is included in a beacon (Paragraph 43) that the base station device transmits to
`
`the terminal device (Paragraph 43).
`
`Therefore it would have been obvious to one of ordinary skill in the art at the time
`
`the invention was made to modify the disclosure of Tsu in order to incorporate the
`
`beacon signaling as shown in Kwak in order to effectively locate and establish
`
`communication pairings in the given environment.
`
`Allowable Subject Matter
`
`8.
`
`Claims 3, 4, 8-11 are objected to as being dependent upon a rejected base
`
`claim, but would be allowable if rewritten in independent form including all of the
`
`limitations of the base claim and any intervening claims.
`
`9.
`
`The following is a statement of reasons for the indication of allowable subject
`
`matter: The prior art of record fails to anticipate or render obvious the limitations of the
`
`above cited claims. Re claims 3 and 9, the prior art fails to disclose the prevention of a
`
`feedback communication dependent on the quality processing. Re claim 8, the prior art
`
`fails to disclose the specific disclosed communication processing in light of the response
`
`signal being not received.
`
`Conclusion
`
`10.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to MICHAEL R NEFF whose telephone number is
`
`(571)270-1848. The examiner can normally be reached on Monday-Thursday; 6:30
`
`AM—4:30 PM EST.
`
`

`

`Application/Control Number: 15/908,536
`Art Unit: 2631
`
`Page 11
`
`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, Shuwang Liu can be reached on 5712723036. 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.
`
`/MICHAEL R NEFF/
`
`Primary Examiner, Art Unit 2631
`
`