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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
`
`05/13/2022
`
`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 25 April 2022.
`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)
`
`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) (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 20220508
`
`

`

`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
`
`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
`
`the same under either status.
`
`RCE
`
`2.
`
`A requestfor continued examination under 37 CFR 1.114, including the fee set forth in
`
`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
`
`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 04/25/2022 has
`
`been entered.
`
`Response to Remark
`
`3.
`
`This communication is consideredfully responsive to the amendmentfiled on 04/25/22.
`
`a. Independent claims 12 and 18 and all of the dependent claims have been
`
`amended.
`
`b. Applicant argues that “the crevisional applications of Lee prior art do nat
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`contain any leaching or suggestion for ihe sublect matter now mare particularly reciled in
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`claims 12 and 18 and theretore, Lee is nota valid prior art.” The examiner orovides the
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`teaching of claims 12 and 78 fram the provisional apolications 62/4069S (hereinafter
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`Proy934) anc 62/41 7,367 (hereinalier Prov 367}.
`
`

`

`Application/Control Number: 16/488,963
`Art Unit: 2411
`
`Page 3
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`4.
`
`The following is a quotation of 35 U.S.C. 103 which formsthe basis for all obviousness
`
`Claim Rejections - 35 USC § 103
`
`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 apparatus, comprising:
`
`-g receiver (See 114 fig.g2, a receiver at UE: See Frov36/, og.21, 7° 4a
`
`receiving end can perform decoding), which, in operation, receives a higher layer
`
`signaling which indicates a plurality of frequency resource patterns, and receives
`
`downlink contral information (DCH which notifies a frequency resource patiern
`
`that has been selected from the olurality of frequency resource patterns (See
`
`fig.30, 4.19, and 4.252, a plurality of shared-PTRS (Phase Tracking Reference Signal)
`
`patterns may be configured for the UE through either or both of Radio Resource Control
`
`(RRC) and Downlink Control Information (DCI), and information for selecting any one
`
`from among the plurality of shared-PTRSpatterns 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 PTRS is 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).
`
`ABSconfigures 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
`
`

`

`Application/Control Number: 16/488,963
`Art Unit: 2411
`
`Page 4
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`RRC or/and DCI; See pg.25, ‘Proposals’, “Proposal 1. The number of PTRSsin the
`
`frequency domain. Thus if the number of PTRSsin the frequency domain is assumed to
`
`be N, Nis defined as a rule in the specification. That is, Nmay be determined as 4 or 8
`
`and the value of N is informed through RRC and/or DCI; See Prov367, pg.3, ‘Proposal
`
`6’, ABS configures for a UE at least one shared RS patterns through RRC or/and DCI.
`
`After selecting one of the patterns, the BS inform the UE of the selected pattern through
`
`the RRC or/and DCI. Moreover, the BS informs the UE of the UE dedicated PTRS
`
`through the RRC or/and DCI); ane
`
`- Girculiry (See @.264, circuits), which is coupled te the receiver and which,
`
`in operation, decodes downlink data based on the frequency domain pattern (See
`
`#20, accurately decade 4 received signal; See Frovl34, 09.19, 1’ paragraph, perform
`
`decoding alter receiving all code blocks: ng.2, ‘ProposaiZ’, To this end, the BS may
`
`inform the UE, ie. downlink, whether the PCRS is used through DGI (downlink conira!
`
`information VRAC: 99.25, 4 4, ‘Uolink transmission probability’, in above oroposals 1, 2,
`
`3, dowanink transmissionis assumed: Ses Proys6/7, 09.21, 1° 4, a receiving end can
`
`perform decoding).
`
`Lee does nol explicitly disclose whal Saiwai discloses,
`
`- gach of the plurality of frequency resource patterns being used for
`
`downlink Gata (See 7.116, an embodiment comprises a controller configured to receive
`
`a plurality of control information transmitted by using a plurality of radio resources
`
`continuous in a frequencydirection through direct communication in a proximity service,
`
`wherein the controller 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; See 9.123, the resource capacity for transmitting control information
`
`in downlink direction; the process load of the basestation; the delay in transmission of
`
`the control information in downlink direction; and the power status of the second radio
`
`

`

`Application/Control Number: 16/488,963
`Art Unit: 2411
`
`Page5S
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`terminal} and indicating a frequency resource excluded from allocation of downlink
`
`in @ slot (¥.276, 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; Seefig.22 and 9.345, when the
`
`destination of the UE 100-2 is not storedin the first MAC PDU, the UE 100-2 omits
`
`(ignores) the reception of the MAC PDU until the next timing on the basis of the timing
`
`information. It is noted that the UE 100-2 continuously retains the allocation information
`
`until the last timing, which is described later; See 4.374,it is noted that as shown in FIG.
`
`26, the information indicating the index may be a time location wherethe allocation
`
`information of a radio resource is arranged. That is, a radio resource pool may be
`
`specified by the notification timing of an SL grant (DCI).
`
`
`
`Examiners Note: As shown in Fig.26, the information indicating the index is for
`
`allocating timeslots, i.e. allocating and excluding time resource slots and Fig.22 shows
`
`receiving or ignoring/omitting the reception of the packets during a plurality of time slots).
`
`Therefore, it would have been obvious to one of ordinary skill in the art before the
`
`effectivefiling date to apply “each ofthe plurality of frequency resource patterns being
`
`used for downlink data and indicating a frequency resource excluded from allocation of
`
`downlink in a slot’ as taught by Saiwai into the system of Lee, so thatit provides a way
`
`

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`Application/Control Number: 16/488,963
`Art Unit: 2411
`
`Page 6
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`of performing 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 (Saiwai, See
`
`4.116) and for the indexto indicate “whether or nota plurality of radio resources are
`
`available in one SC period” (Saiwai, See 4.276).
`
`Regarding claim 13, Lee does nat explicitly disclose what Sanwai disciases “each
`
`af the olurality of jrequency resource pailems indicates one ar more frequency
`
`resources which are not available for alocation of the downlink data (Saiwai, 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 4.448, when the eNB selects Mode 1, the eNB mayset the
`
`repetition frequency (numRepetition) in the time direction of the pattern (time resource
`
`pattern) of the subframe of the radio resource allocated to the UE: See .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; Seefig.11; See fig.22 and fig.26 for omitting time slots).”
`
`Therefore, it would have been obvious to one of ordinary skill in the art before the
`
`effective fling date to aoply the method of “eachof the pluralityof patierns indicates one
`
`or more frequency resources which are not available for adocation of the data’ as taught
`
`by Salwai into ihe system of Les, su thal ft orovides a way af indicaling whether or nota
`
`plurality of radio resources are avaiable (Saiwai, See ]276).
`
`Regarding claim 14, Lee discloses “each of the plurality af frequency resources
`
`gatierns indicates a starting symbol for allocation of the downlink data (See ].141, PTRS
`
`resources can be defined by a Resource Block (RB) index and/or a symbol index; See
`
`

`

`Application/Control Number: 16/488,963
`Art Unit: 2411
`
`Page 7
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`fig. 14 and 4.142, Each PTRS resource set maybeindicated by a RB index and/or a
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`symbol index. In other words, by doing so, a resource set where PTRSsare defined can
`
`be indicated}.”
`
`Regarding claim 15, Lee discloses “the plurality of frequency resource patterns
`
`are indicated in units of a resource block (AB) (See 4.14), PT RS resources can be
`
`defined by a Resource Block (RAB) index and/or a symibal index; See fig. id and 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}.”
`
`Regarding claim 16, Lee disclases “a number of the olurally of frequency
`
`resource patiems is 2 (See fig.2Z0 and 4.177, PTHSs with oatierns 1 and 2}.”
`
`Regarding claim 16, itis a method claim corresponding to the apparatus claim
`
`2 and is therefore reiected for the similar reasans set forth in the rejection of the clan.
`
`Hegarding claims 19-22, they are claims corresponding to claims 13-16,
`
`respectively and are therefore reiecied for the similar reasons set forth in the rejection of
`
`the claims.
`
`6.
`
`Claims 17 anc 23 are rejecied under 35 U.S.C. 103 as osing unpatentanle over Lee in
`
`view of Sahwai andfurther in view of He et al. (US 2019/O289668, “He").
`
`Regarding claim 17, Lee and Sawai cdo nol explicitly disclose what He discloses
`
`“each of the plurality of frequency resource patierns indicates one more frequency
`
`resource occupied by a mini siot (See fig.] and 433-34, the location of guard time 120
`
`and 150 caneither be providedfor in the last or first Nsymb symbols of one mini-slot or
`
`

`

`Application/Control Number: 16/488,963
`Art Unit: 2411
`
`Page 8
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`slot. The value of Nsymb can be semi-statically configured for a UE through an RRC
`
`message or dynamically signaled by 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 “each of the plurality of frequency resource
`
`patierns indicales one more frequency resource occupied by a mini slo?’ as taught by He
`
`info the systern af Lee and Sabwal, so that ii provides a way for UE io schedule ta
`
`transmi or receive allocalion of a portion of a RF bandwidth in cifferent mini-siots (He,
`
`See 4.33).
`
`Regarding claim 23, tis a clann corresponding to the claim 17 and is therefore
`
`reiecied 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
`
`amendment to the claims, examiner hasclarified and remapped the rejection to the
`
`argued claim limitations, by adding Examiner's Note, using the prior art of recordin the
`
`current prosecution of the claims.
`
`At pages 5-6, with respect to claim claims 12 & 18, applicant argues any
`
`combination of Lee and Saiwai fail to disclose “the resourceallocation is onlyfor time
`
`resource pattem and notfor frequency resource pattem.”
`
`In reply, the newy addedlimitations “frequency resource patterns’ read on:
`
`[Prov’934, pg.3] of Lee discloses “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). A BS configures for a UE one or more shared-RS patterns
`
`

`

`Application/Control Number: 16/488,963
`Art Unit: 2411
`
`Page 9
`
`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.”
`
`[Prov’934, pg.25] of Lee discloses “‘Proposals’, “Proposal 1. the numberof
`
`PTRSsin the frequency domain. Thus ifthe number of PTRSsin the frequency domain
`
`is assumedto be N,N is defined as a rule in the specification. That is, Nmay be
`
`determined as 4 or 8 and the value of N is informed through RRC and/or DCI.”
`
`[emphasis added].
`
`Further, the limitations “indicating a frequency resource excluded from
`
`allocation of downlink in a slot” read on:
`
`[Fig.22 and |.345] of Saiwai discloses “when the destination of the UE 100-2 is
`
`not stored in the first MAC PDU, the UE 100-2 omits (ignores) the reception of the MAC
`
`PDU until the next timing on the basis of the timing information. It is noted that the
`
`UE 100-2 continuously retains the allocation information until the last timing, whichis
`
`describedlater.”
`
`4.[0374] of Saiwai discloses “it is noted that as shown in FIG. 26,
`
`the information
`
`indicating the index may be a time location where the allocation information of a radio
`
`resource is arranged. That is, a radio resource pool may be specified by the notification
`
`timing of an SL grant (DCI).”
`
`

`

`Application/Control Number: 16/488,963
`Art Unit: 2411
`
`Page 10
`
`In other words, as shown in Fig.26, the information indicating the indexis for
`
`allocating timeslots, i.e. allocating and excluding time resource slots and Fig.22 shows
`
`receiving or ignoring/omitting the reception of the packets during a plurality of time slots.
`
`Therefore, the plurality of frequency resource pattems indicated in units of a resource
`
`block (RB) (whichis claimed in claim 15) is not used for or excluded from allocation ina
`
`time slot. The examiner interprets that “allocation of data packetin a slot’ as “allocation
`
`of data packetin a time slot” because as shown in Fig.22 and Fig.26, frequency
`
`resourceis not called as “slot”. Therefore, the examiner disagrees respectfully.
`
`8.
`
`Anyinquiry concerning this communication or earlier communications from the examiner
`
`Contact Information
`
`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, Derrick Ferris can be reached on 571-272-3123. 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 obtained from either Private PAIR or Public PAIR. Status
`
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`
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`
`

`

`Application/Control Number: 16/488,963
`Art Unit: 2411
`
`/JUNG H PARK/
`
`Primary Examiner, Art Unit 2411
`
`Page 11
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`