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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address; COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`16/488,963
`
`08/27/2019
`
`AYAKO HORIUCHI
`
`731456.534USPC
`
`3276
`
`Seed IP Law Group LLP/Panasonic (PIPCA)
`701 5th Avenue, Suite 5400
`Seattle, WA 98104
`
`PARK, JUNG H
`
`PAPER NUMBER
`
`ART UNIT
`
`2411
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`09/03/2021
`
`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):
`USPTOeAction @ SeedIP.com
`
`pairlinkdktg @seedip.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`Office Action Summary
`
`Application No.
`16/488,963
`Examiner
`JUNG H PARK
`
`Applicant(s)
`HORIUCHI et al.
`Art Unit
`AIA (FITF) Status
`2411
`Yes
`
`-- The MAILING DATEofthis communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom 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, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`
`
`1) Responsive to communication(s) filed on 06 August 2021.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)L) This action is FINAL. 2b)¥)This action is non-final.
`3)02 An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4\0) 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 Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims*
`12-23 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`C} Claim(s)
`is/are allowed.
`Claim(s) 12-23 is/are rejected.
`S)
`) © Claim(s)____is/are objected to.
`Cj) Claim(s
`are subjectto restriction and/or election requirement
`)
`S)
`* If any claims have been determined allowable, you maybeeligible 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 PPHfeedback@uspto.gov.
`
`) )
`
`Application Papers
`10) The specification is objected to by the Examiner.
`11)0) The drawing(s) filedon__ is/are: a)(J accepted or b)() 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)1) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`c)Z None ofthe:
`b)() Some**
`a)C All
`1.2 Certified copies of the priority documents have been received.
`2.1.) Certified copies of the priority documents have been received in Application No.
`3.1.) Copies of the certified copies of the priority documents have been receivedin 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)
`
`2) (J Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3) (J Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`4)
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20210829
`
`

`

`Application/Control Number: 16/488,963
`Art Unit: 2411
`
`Page 2
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`DETAILED ACTION
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`1.
`
`The presentapplication, filed on or after March 16, 2013, is being examined under the
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`first inventor tofile provisions of the AIA.
`
`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-AlIA 35 U.S.C. 102 and 103) is incorrect, any
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`correction of the statutory basis for the rejection will not be considered a newground of
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`rejection if the prior art relied upon, and the rationale supporting the rejection, would be
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`the same under either status.
`
`RCE
`
`2.
`
`A requestfor continued examination under 37 CFR 1.114, including the fee set forth in
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`37 CFR 1.17(e), wasfiled in this application after final rejection. Since this application is
`
`eligible for continued examination under 37 CFR 1.114, and the fee set forthin 37 CFR
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`1.17(e) has been timely paid, the finality of the previous Office action has been
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`withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 08/06/21 has been
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`entered.
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`3.
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`This communication is considered fully responsive to the amendmentfiled on 08/06/21.
`
`Response to Remark
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`a. Independent claims 12 and 18 have been amended.
`
`b. Applicant argues that “the crevisional applications of Lee prior art do nat
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`contain any teaching or suggestion for the sublect matier now more particularly recited in
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`claims 12 and 18 and inerefore, Lee is nol a valid prior art.” The examiner crovides the
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`teaching of claims 12 and 78 from the provisional apolications 62/406, 9S4 (hereinafter
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`Provos4) and 62/417,367 (hereinatter Prov's67}.
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`

`

`Application/Control Number: 16/488,963
`Art Unit: 2411
`
`Page 3
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`Claim Rejections - 35 USC § 103
`
`4.
`
`The following is a quotation of 35 U.S.C. 103 which formsthe basis for all obviousness
`
`rejections setforth in this Office action:
`
`A patent fora claimed invention may not be obtained, notwithstanding that the claimed invention is
`not identically disclosed as set forth in section 102 of this title,
`if the differences betw een 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 w as made.
`
`5.
`
`Claims 12-16 and 18-22 are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Lee et al. (US 2019/0238247, “Lee”) in view of Saiwai et al. (US 2018/0070264,
`
`“Saiwai’).
`
`Regarding claim 12, Lee discloses a communication apparaius, comprising:
`
`-@ receiver (See 114 fig.32, a receiver at UE: See Frov3s/, pg.21, 19 4a
`
`receiving end can perform decoding), which, in operation, receives a higher layer
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`signaling which indicates a plurality of pattems, and receives downlink control
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`information (DCH which notities a oatiern that has been selected from the plurality
`
`of patterns (See fig.30, 4.19, and @.252. a plurality of shared-PT RS patterns may be
`
`configured for the UE through either or both of Radio Resource Control (RRC) and
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`Downlink Control Information (DCI), and information for selecting any one from among
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`the plurality of shared-PT RS patterns configured for the UE may be additionally
`
`configured through either or both of the RRC and the DCI; See Prov934, pg.3, ‘Proposal
`
`6’, The PTRSis classified into a shared RS(i.e., RS shared with another UE) and a UE-
`
`dedicated RS(i.e., RS allocated to a specific UE in a dedicated manner). ABS
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`configures for a UE one or more shared-RSpatterns through RRC or/and DCI. After
`
`selecting one of the patterns, the BS inform the UE of the selected pattern through RRC
`
`or/and DCI; See Prov367, pg.3, ‘Proposal 6’, ABS configures for a UE at least one
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`shared RS patterns through RRC or/and DCI. After selecting one of the patterns, the BS
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`

`

`Application/Control Number: 16/488,963
`Art Unit: 2411
`
`Page 4
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`inform the UE of the selected pattern through the RRC or/and DCI. Moreover, the BS
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`informs the UE of the UE dedicated PTRS through the RRC or/and DCI); are
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`- irculiry (See 4.264, circuits}, which is coupled te the receiver and which,
`
`in operation, decodes downlink data based on the pattern (See 4.20, accuralely
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`decode a received signal; See ProyS34, oq.19, 1’ paragraph, perform decoding after
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`receiving all code blocks: po.2, ‘Proposal2’, To this end, the BS may infarm the UE, Le.
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`downlink, whether the PCRS is used through DC! (downlink cantrol information)//RAC;
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`ng.25, 39 %, ‘Unlink transmission probability’, in above proposals 1,2, 3, cawnlink
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`transmission is assumed, See Provse/, og.21, 1° 4, areceiving end can perform
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`decoding}.
`
`Lee does nat explicitly disclose what Sawai discloses,
`
`- wherein the selected pattern indicates a resource excluded from
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`allocation of the downlink data (Sawai, See 4.116, performs the process of receiving
`
`the plurality of control information on the basis of the number of patterns in which a
`
`plurality of radio resources are arranged; See §.687, the eNB 200 maynotify, to the UE
`
`100-1, the allocation information of the radio resource along withflag information (for
`
`example, an urgencyflag) indicating a radio resource allocated for the high priority data,
`
`through DCI (DCI format 0) for assigning the uplink control information; Seefig.10 and
`
`4.275, The eNB 200 generates a DCI 1 that includes the allocation information of the
`
`reservedfirst radio resource, and an index 1. Further, the eNB 200 generates DCI 2 that
`
`includesthe allocation information of the reserved second radio resource, and an index
`
`2. In the present embodiment, the value of these indexes is different; See 7.276, As
`
`shown in FIG. 11, the (extended) DCI format includes a "Resource pool index"
`
`corresponding to the index. The index indicates whether or notaplurality of radio
`
`resources are available in one SC period; See ¥.276,It is noted that in FIG. 11,
`
`"Resource for PSCCH"is a PSCCH resourceallocation identifier ; Examiner’s Note: As
`
`

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`Application/Control Number: 16/488,963
`Art Unit: 2411
`
`Page5S
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`shown in Fig.11, the resource pool index and resource pattern are used for only PSCCH
`
`& PSSCH,i.e. resources for uplink control and/or data channels, not for downlink data
`<SigsPoy.
`Ty
`
`aA
`ii
`
`
`
`Therefore, it would have been obvious to one of ordinary skill in the art before the
`
`effectivefiling date to apply “the selected pattem indicating a resource excluded from
`
`allocation of the data” as taught by Saiwai into the system of Lee, so thatit provides a
`
`way of performing the process of receiving the plurality of control information on the
`
`basis of the number of patterns in whicha plurality of radio resources are arranged.
`
`(Saiwai, See 4.116).
`
`Regarding clan 13, Lee does nat exniicitly disclose what Saiwai disclases “each
`
`of the plurality of patterns indicates one or more resources which are not available for
`
`allocation of ine downlink data (Salwal, See fig.11 and 4.276, the (extended) DCI format
`
`includes a "Resource pool index" corresponding to the index. The index indicates
`
`whether or not a plurality of radio resources are available in one SC period; See 7.687,
`
`the eNB 200 maynotify, to the UE 100-1, the allocation information of the radio resource
`
`along with flag information (for example, an urgencyflag) indicating a radio resource
`
`allocated for the high priority data, through DCI (DCI format 0) for assigning the uplink
`
`control information; See fig.11).”
`
`

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`Application/Control Number: 16/488,963
`Art Unit: 2411
`
`Page 6
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`Therefore, ii would have been obvious to one of ordinary skillin the art before the
`
`effective fling date to aoply the method of “eachof the pluralityof patierns indicates one
`
`or more resources which are not avaiable for aliocation of the data’ as taught by Saiwai
`
`into the sysiem of Lee, so thal H provides a way of indicating whether or not a plurality of
`
`radio resources are available (Saiwail, See ¥.276)}.
`
`Regarding claim 14, Lee discioses “each of the plurality of patlems indicates a
`
`starting symbol far allocation of the downlink data (See @.141, PTRS resources can be
`
`defined by a Resource Block (RB) index and/or a symbol index See fig.14 and 4.142,
`
`Each PTRS resource set may beindicated by a RB index and/or a symbol index.In
`
`other words, by doing so, a resource set where PTRSsare defined can be indicated.”
`
`Hegarding claim 15, Lee discloses “the plurality of patterns are indicated in units
`
`ofa resource clock (RB) (See 4.141, PTRS resources can be detined by a Resource
`
`Biock (RE) index and/or a symbol index; See fig.14 and 49.142, Each PTRS resourceset
`
`may be indicated by a RB index and/or a symbol index. In other words, by doing so, a
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`resource set where PTRSsare defined can be indicated}.”
`
`Regarding claim 16, Lee discloses "a number of the plurality of patterns is 2 (See
`
`fig.20 and §.477, PTRSs with patierns 1 and 2}.”
`
`Regarding claim 18, itis a method claim corresponding to the apparatus claim
`
`}2 and is therefore reiected for the similar reasons set farth in the rejection of the claim.
`
`Regarding claim 19, itis a claim corresponding to the claim 13 and is therefore
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`reiected for the similar reasons set forth in the rejection of the claim.
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`

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`Application/Control Number: 16/488,963
`Art Unit: 2411
`
`Page 7
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`Regarding claims 20-22, they are claims corresponcing to claims 14-16,
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`respectively and are iherefore reiecied for the similar reasons sei forth in the rejection of
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`the claims.
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`6.
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`Claims 17 and 23 are rejected under 35 15.C. 103 as being unpatentable over Lee in
`
`view of Saiwal and further inviewot He etal (US 2019/0289668, “He”).
`
`Regarding claim 17, Lee and Sawai do nol explicitly disclose what He discloses
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`“each of the plurality of patterns indicates ane more resources occupied by a mini sict
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`(See fig. t and 433-34, the location of guard time 120 and 150 can either be provided for
`
`in the last or first Nsymo symbols of one mini-slot or slot. The value of Nsymb can be semi-
`
`statically configured for a UE through an RRC message or dynamically signaled by
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`PDCCH that triggers the BWA operation at least based on the corresponding capability
`
`reported by a UE).”
`
`Therefore, it would have been obvious to one of ordinary skill in the art before the
`
`effectivefiling date to apply the method of “east of the plurality cfpatterns incicaies one
`
`more resources occupied by a mini sio?’ as taught by He into the system of Lee and
`
`Saiwai, so that t orovices a way for UE to schedule to transmit or receive allocation of a
`
`portion of a AF bandwidth in diferent mini-siois (He, See 4.33}.
`
`Regarding claim23, lis a claim corresponding to the claim 17 and ts therefore
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`reiected for the similar reasons set forth in the rejection of the claim.
`
`Response to Arguments
`
`7.
`
`Applicant's argumentsfiled have been considered. But, in view of the applicant's
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`amendment to the claims, examiner hasclarified and remapped the rejection to the
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`

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`Application/Control Number: 16/488,963
`Art Unit: 2411
`
`Page 8
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`argued claim limitations, especially for the newy addedclaim limitations “downlink data’,
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`by adding Examiner’s Note, using the prior art of record in the current prosecution of the
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`claims.
`
`At pages 5-6, with respect to claim claims 12 & 18, the key argumentis that
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`Saiwai fails to disclose “the selected pattern indicates a resource excluded from
`
`allocation of the downlink data’ by asserting that “applicant respectfully traverses this
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`finding. Saiwal discloses “ihe radio resource used in direst communication thai is
`
`allocated to ihe UE 100-7 and ine radio resource of direct communication thatis
`
`availabie for the UE 100-2 are lemporaily perpendicular to each other’ (Salva, 472,
`
`emphases added}, which is different from “wherein the selectedpattem indicaies a
`
`resource excluded from allocation of the downlink data’ as expicilly recited in clans
`
`fZand 18. Saiwai further fais to teach or suggest "each of the plurality of patterns
`
`indicales one or mare resources which are not avaiable tor allocation of the downlink
`
`data” as rected in dependent claims 13 and 19.” Japplicant’s added emphasis.
`
`In reply the limitations “wherein the selected pattern indicates a resource
`
`excluded from allocation of the downlink data’ explicitly read on:
`
`q.[0116] of Saiwai discloses “performs the processof receiving the plurality of
`
`control information on the basis of the number of patterns in which a plurality of radio
`
`resources are arranged.”
`
`4.[6087] of Saiwai discloses “the eNB may notify, to the UE, the allocation
`
`information of the radio resource along with flag information (for example, an urgency
`
`flag) indicating a radio resource allocated for the high priority data, through DC! (DCI
`
`format 0) for assigning the uplink control information.” [emphasis added].
`
`Fig.10 and 4.[0275] of Saiwai discloses “the eNB 200 generates a DCI 1 that
`
`includesthe allocation information of the reservedfirst radio resource, and an index 1.
`
`Further, the eNB 200 generates DCI 2 that includes the allocation information of the
`
`

`

`Application/Control Number: 16/488,963
`Art Unit: 2411
`
`Page 9
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`reserved second radio resource, and an index 2. In the present embodiment, the value
`
`of these indexes is different.”
`
`4.[0276] of Saiwai discloses “as shown in FIG. 11, the (extended) DCI format
`
`includes a "Resource pool index" corresponding to the index. The index indicates
`
`whether or not a plurality of radio resources are available in one SC period.”
`
`q.[0276] of Saiwai discloses “it is noted that in FIG. 11, "Resource for PSCCH"is
`
`a PSCCH resourceallocation identifier.”
`
`In other words, as shown in Fig.11, the resource pool index and/or resource
`
`pattern within the DCI format are used only for PSCCH & PSSCH,i.e. resources for
`
`uplink control and/or data channels, not for downlink data.
`
`
`
`Therefore, ordinary skill in the art applies “the selected pattern indicating a
`
`resource excludedfrom allocation of the data’ as taught by Saiwaiinto the system of
`
`Lee in order to perform the processof receiving the plurality of control information on the
`
`basis of the number of patterns in whicha plurality of radio resources are arranged,
`
`especially for PSCCH & PSSCH as described in para.[01 16] & [0276] of Saiwai.
`
`Therefore, the examiner disagrees respectfully.
`
`Contact Information
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`

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`Application/Control Number: 16/488,963
`Art Unit: 2411
`
`Page 10
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`8.
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`Anyinquiry concerning this communication or earlier communications from the examiner
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`should be directed to Jung Park whosetelephone number is 571-272-8565. The
`
`examiner can normally be reached on Mon-Fri during 7:00-3:00.
`
`lf attempts to reach the examiner by telephone are unsuccessful, the examiner's
`
`supervisor, Noel Beharry can be reached on 571-270-5630. The fax phone number for
`
`the organization wherethis 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 obtainedfrom 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 accessto the Private PAIR system, contact the Electronic Business
`
`Center (EBC) at 866-217-9197(toll-free).
`
`/JUNG H PARK/
`
`Primary Examiner, Art Unit 2411
`
`