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
`
`16/306, 847
`
`12/03/2018
`
`TOMOHUMI TAKATA
`
`731456.488USPC
`
`3187
`
`Seed IP Law Group LLP/Panason1e (PIPCA)
`701 5th Avenue, Suite 5400
`Seattle, WA 98104
`
`MATHS” JASON E
`
`PAPER NUMBER
`
`ART UNIT
`
`2461
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`02/25/2020
`
`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.
`16/306,847
`Examiner
`Jason E Mattis
`
`Applicant(s)
`TAKATA et al.
`Art Unit
`2461
`
`AIA (FITF) Status
`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 03 December 2018.
`El A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2a)[:] This action is FINAL.
`
`2b)
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`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)
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`Claim(s) fl is/are pending in the application.
`
`5a) Of the above Claim(s)
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`is/are withdrawn from consideration.
`
`[:1 Claim(ss)
`
`is/are allowed.
`
`8)
`Claim(s 1_—11Is/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.
`
`11). The drawing(s) filed on 03 December 2018 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:
`
`a). All
`
`b)C] Some**
`
`c)C] None of the:
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`1.. Certified copies of the priority documents have been received.
`
`2C] Certified copies of the priority documents have been received in Application No.
`
`SD 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) 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 20200211
`
`

`

`Application/Control Number: 16/306,847
`Art Unit: 2461
`
`Page 2
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`DETAILED ACTION
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`Notice of Pre-AIA or AIA Status
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`1.
`
`The present application, filed on or after March 16, 2013, is being examined
`
`under the first inventor to file provisions of the AIA.
`
`Claim Rejections - 35 USC § 103
`
`2.
`
`The following is a quotation of 35 U.S.C. 103 which forms the basis for all
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`obviousness rejections set forth in this Office action:
`
`A patent for a claimed invention may not be obtained, notwithstanding that the claimed
`invention is not identically disclosed as set forth in section 102, if the differences between the
`claimed invention and the prior art are such that the claimed invention as a whole would have
`been obvious before the effective filing date of the claimed invention to a person having
`ordinary skill in the art to which the claimed invention pertains. Patentability shall not be
`negated by the manner in which the invention was made.
`
`3.
`
`Claims 1-11 are rejected under 35 U.S.C. 103 as being unpatentable over Park
`
`(U.S. Publication US 2017/0288841 A1) in view of Meng (U.S. Publication US
`
`2015/0085721 A1).
`
`With respect to claims 1 and 10, Park discloses a base station comprising a
`
`transmitter and a receiver performing a method (See page 14 paragraphs 213-215,
`
`page 15 paragraph 219, and Figure 13 of Park for reference to an eNB 200, which
`
`is a base station, comprising a transceiver 230, which is a transmitter and
`
`receiver, configured to perform a communications process). Park also discloses
`
`transmitting a downlink signal in a downlink transmission region, in a time unit that
`
`

`

`Application/Control Number: 16/306,847
`Art Unit: 2461
`
`Page 3
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`includes the downlink transmission region, an uplink transmission region, and a gap
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`period that is a switching point between the downlink transmission region and the uplink
`
`transmission region (See page 1 paragraphs 13-14, page 3 paragraphs 33-40, and
`
`Figures 1 and 2 of Park for reference to a frame structure, which is a time unit,
`
`including downlink subframes, which form a downlink transmission region,
`
`uplink subframes, which form an uplink transmission region, and special
`
`subframes including a guard period that is a switching point between the
`
`downlink subframes and the uplink subframes, and for reference to transmitting
`
`downlink signals in the downlink subframes). Park further discloses receiving an
`
`uplink signal in the uplink transmission region, in the time unit (See page 1 paragraphs
`
`13-14, page 3 paragraphs 33-40, and Figures 1 and 2 of Park for reference to
`
`receiving uplink signals in the uplink subframes). Park also discloses wherein a
`
`delay tolerant signal for which a delay is tolerated more than for the downlink signal and
`
`the uplink signal is mapped to within the special subframes (See page 3 paragraphs
`
`39-40 and Figure 2 of Park for reference to example process 9-1, wherein the
`
`special subframes, which are used to transmit uplinks grants in a downlink, G,
`
`receive uplink data according to the grants in an uplink, U, transmit HARQ-ACK
`
`information in a downlink, P, and receive uplink retransmissions in an uplink, R,
`
`wherein each of these types of signals are delay tolerant signals since they may
`
`be transmitted via the special subframe and are equivalents of the delay tolerant
`
`signals described by the Applicant’s specification). Although Park does disclose
`
`special subframes including a guard period, as well as transmitting uplink and downlink
`
`signals during the special subframes, Park does not explicitly disclose transmitting the
`
`

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`Application/Control Number: 16/306,847
`Art Unit: 2461
`
`Page 4
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`signals mapped within the guard period. However, Meng, in the field of
`
`communications, disclose that a guard period of a special subframe may be used to
`
`transmit signals (See page 3 paragraphs 33-34, claim 4, and Figure 3A of Meng for
`
`reference to data being transmitted within the guard period of a special
`
`subframe). Transmitting signals during a guard period has the advantage of using
`
`resources previously unallocated for data transmission to transmit data, thereby
`
`increasing bandwidth available for transmission. Thus, it would have been obvious for
`
`one of ordinary skill in the art at the time of the invention, when presented with the work
`
`of Meng, to combine transmitting signals during a guard period of a special subframe,
`
`as suggested by Meng, with the system and method of Park, with the motivation being
`
`to use resources previously unallocated for data transmission to transmit data, thereby
`
`increasing bandwidth available for transmission.
`
`With respect to claim 2, as shown above with respect to the rejection of claim 1,
`
`Park discloses transmitting downlink signals within a special subframe (See page 3
`
`paragraphs 39-40 and Figure 2 of Park for reference to example process 9-1,
`
`wherein the special subframes are used to transmit downlink data including
`
`grants, G, and HARQ-ACK information, P), and Meng renders obvious the use of a
`
`guard period for data transmission within a special subframe. Thus, this claim is
`
`rendered obvious for the same reasons as applied above to claim 1.
`
`With respect to claim 3, Park discloses wherein the delay tolerant signal is at
`
`least one downlink signal from among a MIB (master information block), a SIB (system
`
`information block), MBMS (multimedia broadcast and multicast service) data,
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`information indicating a time unit configuration of a downlink and an uplink, or downlink
`
`

`

`Application/Control Number: 16/306,847
`Art Unit: 2461
`
`Page 5
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`data (See page 3 paragraphs 39-40 and Figure 2 of Park for reference to example
`
`process 9-1, wherein the special subframes are used to transmit downlink data
`
`including grants, G, which is information indicating a time unit configuration of a
`
`downlink, i.e. configuring a subsequent special subframe for uplink data
`
`transmission).
`
`With respect to claim 4, as shown above with respect to the rejection of claim 1,
`
`Park discloses transmitting uplink signals within a special subframe (See page 3
`
`paragraphs 39-40 and Figure 2 of Park for reference to example process 9-1,
`
`wherein the special subframes are used to transmit uplink data including initial
`
`PUSCH transmission, U, and retransmissions, R), and Meng renders obvious the
`
`use of a guard period for data transmission within a special subframe. Thus, this claim
`
`is rendered obvious for the same reasons as applied above to claim 1.
`
`With respect to claim 5, Park discloses wherein the delay tolerant signal is at
`
`least one uplink signal from among an SR8 (sounding reference signal), information
`
`indicating a transmission beam pattern, 081 (channel state information), an SR
`
`(scheduling request), a BSR (buffer status report), a TCP ACK/SYC, a response signal
`
`that is transmitted in the same time unit as the delay tolerant signal, or uplink data that
`
`is transmitted in the same time unit as the delay tolerant signal (See paragraphs 39-40
`
`and Figure 2 of Park for reference to example process 9-1, wherein the special
`
`subframes are used to transmit uplink data including initial PUSCH transmission,
`
`U, which is uplink data, and retransmissions, R, which is a response signal).
`
`With respect to claim 6, Park discloses wherein the delay tolerant signal is
`
`mapped to a resource associated on a one-to-one basis with a resource used to
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`

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`Application/Control Number: 16/306,847
`Art Unit: 2461
`
`Page 6
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`transmit assignment information indicating a resource assignment for data transmitted
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`in a same time unit as the delay tolerant signal (See page 3 paragraphs 33-40 and
`
`Figure 2 of Park for reference to example process 9-1 wherein the initial PUSCH
`
`transmission in special subframe 6 is transmitted in the same frame #0 as the
`
`grant transmitted in special subframe 1, such that the grant, i.e. assignment
`
`signal, and the uplink transmission are mapped to a same frame, i.e. resource, on
`
`a one-to-one basis).
`
`With respect to claim 7, Park discloses wherein the delay tolerant signal is
`
`mapped to within the same frequency band as a frequency band having assigned
`
`thereto a response signal for downlink data transmitted in a same time unit as the delay
`
`tolerant signal (See page 3 paragraphs 33-40 and Figure 2 of Park for reference to
`
`example process 9-1 wherein the initial PUSCH transmission in special subframe
`
`6 is transmitted in the same frame #0 as the grant transmitted in special subframe
`
`1, such that the grant, i.e. assignment signal, and the uplink transmission are
`
`mapped to a same frame which uses the same frequency band).
`
`With respect to claim 8, Park discloses wherein the delay tolerant signal is
`
`mapped to within the same frequency band as a frequency band having assigned
`
`thereto data transmitted in a same time unit as the delay tolerant signal (See page 3
`
`paragraphs 33-40 and Figure 2 of Park for reference to example process 9-1
`
`wherein the initial PUSCH transmission in special subframe 6 is transmitted in the
`
`same frame #0 as the grant transmitted in special subframe 1, such that the grant,
`
`i.e. assignment signal, and the uplink transmission are mapped to a same frame
`
`which uses the same frequency band).
`
`

`

`Application/Control Number: 16/306,847
`Art Unit: 2461
`
`Page 7
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`With respect to claims 9 and 11, Park discloses a terminal comprising a
`
`transmitter and a receiver performing a method (See page 14 paragraphs 213-216 and
`
`Figure 13 of Park for reference to a UE 100, which is a terminal, comprising a
`
`transceiver 130, which is a transmitter and receiver, configured to perform a
`
`communications process). Park also discloses receiving a downlink signal in a
`
`downlink transmission region, in a time unit that includes the downlink transmission
`
`region, an uplink transmission region, and a gap period that is a switching point
`
`between the downlink transmission region and the uplink transmission region (See
`
`page 1 paragraphs 13-14, page 3 paragraphs 33-40, and Figures 1 and 2 of Park
`
`for reference to a frame structure, which is a time unit, including downlink
`
`subframes, which form a downlink transmission region, uplink subframes, which
`
`form an uplink transmission region, and special subframes including a guard
`
`period that is a switching point between the downlink subframes and the uplink
`
`subframes, and for reference to receiving downlink signals in the downlink
`
`subframes). Park further discloses transmitting an uplink signal in the uplink
`
`transmission region, in the time unit (See page 1 paragraphs 13-14, page 3
`
`paragraphs 33-40, and Figures 1 and 2 of Park for reference to transmitting uplink
`
`signals in the uplink subframes). Park also discloses wherein a delay tolerant signal
`
`for which a delay is tolerated more than for the downlink signal and the uplink signal is
`
`mapped to within the special subframes (See page 3 paragraphs 39-40 and Figure 2
`
`of Park for reference to example process 9-1, wherein the special subframes,
`
`which are used to receive uplinks grants in a downlink, G, transmit uplink data
`
`according to the grants in an uplink, U, receive HARQ-ACK information in a
`
`

`

`Application/Control Number: 16/306,847
`Art Unit: 2461
`
`Page 8
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`downlink, P, and transmit uplink retransmissions in an uplink, R, wherein each of
`
`these types of signals are delay tolerant signals since they may be transmitted
`
`via the special subframe and are equivalents of the delay tolerant signals
`
`described by the Applicant’s specification). Although Park does disclose special
`
`subframes including a guard period, as well as transmitting uplink and downlink signals
`
`during the special subframes, Park does not explicitly disclose transmitting the signals
`
`mapped within the guard period. However, Meng, in the field of communications,
`
`disclose that a guard period of a special subframe may be used to transmit signals (See
`
`page 3 paragraphs 33-34, claim 4, and Figure 3A of Meng for reference to data
`
`being transmitted within the guard period of a special subframe). Transmitting
`
`signals during a guard period has the advantage of using resources previously
`
`unallocated for data transmission to transmit data, thereby increasing bandwidth
`
`available for transmission. Thus, it would have been obvious for one of ordinary skill in
`
`the art at the time of the invention, when presented with the work of Meng, to combine
`
`transmitting signals during a guard period of a special subframe, as suggested by
`
`Meng, with the system and method of Park, with the motivation being to use resources
`
`previously unallocated for data transmission to transmit data, thereby increasing
`
`bandwidth available for transmission.
`
`

`

`Application/Control Number: 16/306,847
`Art Unit: 2461
`
`Page 9
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`Conclusion
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`4.
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`The prior art made of record and not relied upon is considered pertinent to
`
`applicant's disclosure. Takeda et al. (US. Publication US 2019/0089506 A1) discloses
`
`another relevant system and method.
`
`5.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to Jason E Mattis whose telephone number is (571 )272—
`
`3154. The examiner can normally be reached on M-F 7:00am-4:30pm.
`
`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, Huy Vu can be reached on 571-2723155. 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 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
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`

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`Application/Control Number: 16/306,847
`Art Unit: 2461
`
`Page 10
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`USPTO Customer Service Representative or access to the automated information
`
`system, call 800-786-9199 (IN USA OR CANADA) or 571 -272-1 000.
`
`/JASON E MATTIS/
`
`Primary Examiner, Art Unit 2461
`
`