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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
`
`05/06/2021
`
`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 03/09/2021.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`2a)¥) This action is FINAL.
`2b) (J 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.
`(1 Claim(s)__is/are objectedto.
`C} Claim(s)
`are subjectto restriction and/or election requirement
`* 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 20210503
`
`

`

`Application/Control Number: 16/488,963
`Art Unit: 2411
`
`Page 2
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`DETAILED ACTION
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`1.
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`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.
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`Response to Remark
`
`This communication is considered fully responsive to the amendmentfiled on 03/09/21.
`
`a. Independentclaims 12 and 18 have been amended.
`
`b. Applicant argues that “the provisional apolications of Lee orior art do not
`
`contain any jeaching or suggestion for the subject matter now more particularly reciied in
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`clarne 12 and 16 and therefore, Lee is nota valid orior art.” The examiner orovides ihe
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`teaching of claims 12 and 718 from the provisional applications 62/406,934 (hereinafier
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`Prov934) and 62/41 7,367 (nereinafier Prav'367}.
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`Claim Rejections - 35 USC § 103
`
`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.
`
`

`

`Application/Control Number: 16/488,963
`Art Unit: 2411
`
`Page 3
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`4.
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`Claims 12-16 and 18-22 are rejected under 35 U.S.C. 103 as being unpatentable over
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`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, camorising:
`
`-g@ receiver (See 114 fig.g2, areceiver at UE: See ProvGe/ og.21, areceiving
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`end can perform decocing), which, in operation, receives a higher layer signaling
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`which indicates a plurality of patterns, and receives downlink control information
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`{DOCH which notifies a pattern that has been selected from the plurality of patierns
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`(See fig.30, 9.19, and 4.252, a plurality of shared-PTRS patterns may be configured for
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`the UE through either or both of Radio Resource Control (RRC) and Downlink Control
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`Information (DCI), and information for selecting any one from among the plurality of
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`shared-PTRSpatterns configured for the UE may be additionally configured through
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`either or both of the RRC and the DCI; See Prov963, pg.3, ‘Proposal 6’, The PTRS is
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`classified into a shared RS(i.e., RS shared with another UE) and a UE-dedicated RS
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`(i.e., RS allocated to a specific UE in a dedicated manner). ABS configures for a UE one
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`or more shared-RSpatterns through RRC or/and DCI. After selecting one of the
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`patterns, the BS inform the UEof the selected pattern through RRC or/and DCI; See
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`Prov367, A BS configures for a UE at least one shared RS patterns through RRC or/and
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`DCI. After selecting one of the patterns, the BS inform the UEof the selected pattern
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`through the RRC or/and DCI. Moreover, the BS informs the UE of the UE dedicated
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`PTRS through the RRC or/and DCI); and
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`- Circuitry (See €.264 circuits), which is coupled to the receiver and which,
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`in operation, decades data based on the pattern (See ¥.20, accuralely decode a
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`received signal; See Provlss, og.19, 1° paragraph, perform decading aller receiving all
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`cade blocks: see Frow3G’, og.21,a receiving end can perform decoding).
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`Lee does nat explicitly disclose what Sahwai discloses,
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`

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`Application/Control Number: 16/488,963
`Art Unit: 2411
`
`Page 4
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`- wherein the selected pattern indicates a resource excluded from
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`allocation of the data (Saiwai, Seefig.11 and 4.20, DCI format; See 4.261, DCI
`
`includesallocation information of a radio resource used in direct communication ; See
`
`fig.29 and 4.412-4.413, to ensure that the temporal position (subframe) of the radio
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`resourceof direct communication that is allocated to the UE 100-1 does not overlap the
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`temporal position (subframe) of the radio resource of direct communication thatis
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`available for the UE 100-2 (in other words, the radio resource usedin direct
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`communication thatis allocated to the UE 100-1 and the radio resourceof direct
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`communication thatis available for the UE 100-2 are temporally perpendicular to each
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`other), the eNB 200 selects a pattern (time resource pattern) of the subframeof the radio
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`resourceof direct communication that is allocated to the UE 100-1. Specifically, for
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`example, if the subframe of the radio resource of direct communication that is available
`
`for the UE 100-2 is expressed by "mode2DataOffsetindicator=0" and
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`"mode2DataSubframeBitmap=[1, 0, 1,0, 1,0... ]", the eNB 200 selects a pattern in
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`which the bits of the same subframe do not overlap (for example, [0, 1,0, 1,0,1... ],
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`[(0,1,0,1,0,0...],or[0,0, 0,1,0,1...], etc.) as the time resource pattern of the UE
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`100-1).”
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`Therefore, it would have been obvious to one of ordinary skill in the art before the
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`effectivefiling date to apply “the selectedpattern indicating a resource excluded from
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`allocation of the data” as taught by Saiwaiinto the system of Lee, so thatit provides a
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`way of not to overlap the radio resource of direct communication that is available to other
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`UE (Saiwai, See 7.414).
`
`Regarding claim 13, Lee dees not expiicilly cieclose whal Saiwai ciscioses “seach
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`of the glurality of patterns indicates one or more resources which are not available for
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`allocation of the data (Saiwai, See fig.i 1 and 4.276, the (extended) DCI format includes
`
`

`

`Application/Control Number: 16/488,963
`Art Unit: 2411
`
`Page5S
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`a "Resource pool index" corresponding to the index. The index indicates whether or not
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`a plurality of radio resources are available in one SC period).”
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`Therefore, ii would have been obvious to one af ordinary skill in the art before ihe
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`sifective fling dais to apoly ihe methed of “eachof the plurality cfpatterns incicaies one
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`or more resources which are not avadabdle for allocation of the data’ as taught by Saiwai
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`into the system of Lee, so that t provides a way of indicating whether or nota plurality of
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`radio resources are available (Saiwal, See 4.276}.
`
`Regarding claim 14, Lee discloses “eachof the plurality of patiems indicates a
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`starting symbol for allocation of the data (See 4.141, PTRS resources can be defined by
`
`a Resource Block (RB) index anc/ar a symbol index; See fig.14 and 4.442, Each PTRS
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`resource set maybe indicated by a RB index and/or a symbol index. In other words, by
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`doing so, a resource set where PTRSsare defined can be indicated}.”
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`Regarding claim 15, Lee disclases “the plurality of patlems are indicated in unis
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`ofa resource olock (RB) (See 4.141, PTRS resources can be defined by a Resource
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`Block (RB) index and/or a symbol index; See fig.14 and 4.142, Each PTRS resourceset
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`may beindicated 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 beindicated}.”
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`Regarding claim 16, Lee discloses “a numberof the plurality of patierns is 2 (See
`
`fie. 20 and &.177, PTRSs with patterns 1 and 2}.”
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`He garding claim 7G, jiis a meinod claim corresponding to the apparatus claim
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`izand is therefore reiected for the similar reasons set forth in the rejection of the claim.
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`

`

`Application/Control Number: 16/488,963
`Art Unit: 2411
`
`Page 6
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`Hegarding claim 19, His a claim corresponding to the claim 13 and is therefore
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`reiecied for the similar reasons set forth in the rejection of the claim.
`
`Regarding claims 20-22, they are claims corresponcing to clans 14-16,
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`respectively and are therefore reiecied tor the similar reasons set forth in the rejection of
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`the claims.
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`Claims 17 and 23 are rejected under 35 L5.C. 103 as being unpatentabile averLee in
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`view of Saiwai and further in view ot He etal (U5 2079/0289668, “He"),
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`Regarding claim 17, Lee and Saiwai da not explicitly disclose what He disclases
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`“gach of the sluralily of patterns indicales one more resources occupied by a mini slot
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`(See fig.t and 433-34, the location of guard time 120 and 150 can either be provided for
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`in the last or first Nsymo symbols of one mini-slot or slot. The value of Nsymb can be semi-
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`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
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`reported by a UE).”
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`Therefore, it would have been obvious to one of ordinary skill in the art before the
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`effectivefiling date to apply the methodof “each of the plurality of patterns indicates one
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`more resources occupied Oy a min{ sio? as taught by He into the system of Lee and
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`Saiwal, so thatil crovides a way for UE to schedule to transmi or receive allocation of a
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`portion of a RF banchaicih in different mini-siois (He, See 4.33).
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`Regarding clair 23, tis a clair corresponding to the claim 17 and is therefore
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`reiecied for the similar reasons set forth in the rejection of the claim.
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`Response to Arguments
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`

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`Application/Control Number: 16/488,963
`Art Unit: 2411
`
`Page 7
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`6.
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`Applicant’s arguments with respect to claim have been considered but are moot because
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`the previous 102 rejectionis replaced by anew 103 rejection for the added claim
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`limitations.
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`Conclusion
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`Applicant's amendment necessitated the new ground(s)of rejection presentedin this
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`Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP§ 706.07(a).
`
`Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
`
`A shortenedstatutory period for reply to this final action is set to expire THREE
`
`MONTHSfrom the mailing date of this action.
`
`In the event a first reply is filed within
`
`TWO MONTHSof the mailing date of this final action and the advisory action is not
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`mailed until after the end of the THREE-MONTH shortenedstatutory period, then the
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`shortened statutory period will expire on the date the advisory action is mailed, and any
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`extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the
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`advisory action.
`
`In no event, however, will the statutory period for reply expire later than
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`SIX MONTHSfrom the date of this final action.
`
`Contact Information
`
`Anyinquiry concerning this communication or earlier communications from the examiner
`
`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.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
`
`supervisor, Andrew Lai can be reached on 571-272-9741. The fax phone number for the
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`organization wherethis application or proceeding is assigned is 571-273-8300.
`
`

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`Application/Control Number: 16/488,963
`Art Unit: 2411
`
`Page 8
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`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
`
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`
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`
`/JUNG H PARK/
`
`Primary Examiner, Art Unit 2411
`
`