www.uspto.gov
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address; COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`16/490,587
`
`09/02/2019
`
`TETSUYA YAMAMOTO
`
`731456.537USPC
`
`3671
`
`Seed IP Law Group LLP/Panasonic (PIPCA)
`701 5th Avenue, Suite 5400
`Seattle, WA 98104
`
`BUTT, WALLIZ
`
`PAPER NUMBER
`
`ART UNIT
`
`2412
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`04/28/2021
`
`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.
`16/490,587
`Examiner
`WALLI Z BUTT
`
`Applicant(s)
`YAMAMOTOetal.
`Art Unit
`AIA (FITF) Status
`2412
`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 09/02/2019.
`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*
`1-11 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`Cj] Claim(s)
`is/are allowed.
`Claim(s) 1-3 and 7-9 is/are rejected.
`Claim(s) 4-6 and 10-11 is/are objected to.
`£] 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:/Awww.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) ) ) )
`
`Application Papers
`10)2) The specification is objected to by the Examiner.
`11)M The drawing(s) filed on 09/02/2019 is/are: a) 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)[¥] Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`c)() None ofthe:
`b)( Some**
`a) All
`1.4) Certified copies of the priority documents have been received.
`2.1) Certified copies of the priority documents have beenreceived in Application No.
`3.1.) 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) (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 20210421
`
`

`

`Application/Control Number: 16/490,587
`Art Unit: 2412
`
`Page 2
`
`1.
`
`The present application, filed on or after March 16, 2013, is being examined under
`
`the first inventor to file provisions of the AIA.
`
`DETAILED ACTION
`
`Status of Case
`
`2.
`
`This communication is in responseto the filing of Application 16/490,587 byLi for
`
`“TERMINAL AND COMMUNICATION METHOD, filed on 09/02/2019.
`
`Claims 1-11 are pending.
`
`Specification
`
`3.
`
`The disclosure is objected to because of the following informalities: The title of
`
`the invention is not descriptive. A newtitle is required that is clearly indicative of the
`
`invention to which the claims are directed.
`
`Appropriate correction is required.
`
`Claim Rejections - 35 USC § 102
`
`4.
`
`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that
`
`form the basis for the rejections under this section madein this Office action:
`
`A personshall be entitled to a patent unless —
`
`(a)(2) the claimed invention was described in a patent issued under section 151, or in an
`application for patent published or deemed published under section 122(b), in which the
`patent or application, as the case may be, namesanother inventor and waseffectively filed
`before the effective filing date of the claimed invention.
`
`5.
`
`Claims 3 and 9 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by
`
`WANGetal. (US20180206196A1), hereinafter WANG.
`
`

`

`Application/Control Number: 16/490,587
`Art Unit: 2412
`
`Page 3
`
`Regarding claim 3, WANGteachesA terminal comprising: circuitry, (WANG,
`
`Fig. 7, paragraphs 83-84, teach UE 602 comprising processor 706 (i.e. circuitry).)
`
`which, in operation, in a slot having allocated thereto both an uplink control
`
`channel (PUCCH) and an uplink channel (PUSCH)that includes uplink data,
`
`(WANG,Fig. 3, paragraphs 49-52, teach a slot 310 having allocated both UL PUCCH
`
`320 and PUSCH 330 that includes UL data.)
`
`in a case where a difference between a power spectrum density (PSD) of
`
`the PUCCH andthe PSD of the PUSCHis greater than a threshold value, (WANG,
`
`Fig. 3, paragraphs 53-54, teach a difference between a PSD of the PUCCH and the
`
`PSD of the PUSCH is greater than a value (i.e. threshold value), as further described by
`
`Fig. 4, step 420, paragraph 60.) changesa transmission format of the PUCCH;
`
`(WANG,Fig. 4, paragraphs 60-61, teach that the UE 120 mayincrease a quantity of
`
`data channel resource blocks from a candidate allocation and may decrease a quantity
`
`of control channel resource blocks from a candidate allocation to ensure that the delta
`
`value does not exceed the maximum delta value. Furthermore, paragraph 63 teaches
`
`the satisfying parameters relating to transmission format (e.g. QPSK, QAM) of the
`
`control channel or the data channel. This corresponds to changing a transmission
`
`format of the PUCCH because the UE 120satisfies transmission format parameters of
`
`the PUCCH.)
`
`and a transmitter, which, in operation, transmits the PUCCH obtained after
`
`the transmission format has been changed, and the PUSCH, in the slot. (WANG,
`
`Fig. 4, step 430, paragraph 66, teach transmitting at least the PUCCH in the slot.)
`
`

`

`Application/Control Number: 16/490,587
`Art Unit: 2412
`
`Page 4
`
`Regarding claim 9, WANG teaches A communication method including: ina
`
`slot having allocated thereto both an uplink control channel (PUCCH) and an
`
`uplink channel (PUSCH)that includes uplink data, (WANG,Fig. 3, paragraphs 49-
`
`52, teach a slot 310 having allocated both UL PUCCH 320 and PUSCH 330 that
`
`includes UL data.)
`
`in a case where a difference between a power spectrum density (PSD) of
`
`the PUCCH andthe PSD of the PUSCHis greater than a threshold value, (WANG,
`
`Fig. 3, paragraphs 53-54, teach a difference between a PSD of the PUCCH and the
`
`PSD of the PUSCH is greater than a value (i.e. threshold value), as further described by
`
`Fig. 4, step 420, paragraph 60.) changing a transmission format of the PUCCH;
`
`(WANG,Fig. 4, paragraphs 60-61, teach that the UE 120 mayincrease a quantity of
`
`data channel resource blocks from a candidate allocation and may decrease a quantity
`
`of control channel resource blocks from a candidate allocation to ensure that the delta
`
`value does not exceed the maximum delta value. Furthermore, paragraph 63 teaches
`
`the satisfying parameters relating to transmission format (e.g. QPSK, QAM) of the
`
`control channel or the data channel. This corresponds to changing a transmission
`
`format of the PUCCH because the UE 120 satisfies transmission format parameters of
`
`the PUCCH.) and transmitting the PUCCH obtained after the transmission format
`
`has been changed, and the PUSCH, in the slot. (WANG,Fig. 4, step 430, paragraph
`
`66, teach transmitting at least the PUCCH in the slot.)
`
`

`

`Application/Control Number: 16/490,587
`Art Unit: 2412
`
`Page 5
`
`Claim Rejections - 35 USC § 103
`
`6.
`
`The following is a quotation of 35 U.S.C. 103 which forms the basis for all
`
`obviousnessrejections setforth 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 beforethe 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.
`
`7.
`
`Claims 1-2 and 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over
`
`WANG et
`
`al.
`
`(US20180206196A1), hereinafter WANG,
`
`in view of
`
`Li
`
`et
`
`al.
`
`(US20180132229A1), hereinafter Li.
`
`Regarding claim 1, WANG teachesA terminal comprising: circuitry, (WANG,
`
`Fig. 7, paragraphs 83-84, teach UE 602 comprising processor 706(i.e. circuitry).)
`
`which, in operation, in a slot having allocated thereto both an uplink
`
`control channel (PUCCH) and an uplink channel (PUSCH)that includes uplink
`
`data, (WANG,Fig. 3, paragraphs 49-52, teach a slot 310 having allocated both UL
`
`PUCCH 320 and PUSCH 330that includes UL data.)
`
`in a case where a difference between a power spectrum density (PSD) of
`
`the PUCCH andthe PSD of the PUSCHis greater than a threshold value, (WANG,
`
`Fig. 3, paragraphs 53-54, teach a difference between a PSD of the PUCCH and the
`
`PSD of the PUSCH is greater than a value (i.e. threshold value), as further described by
`
`Fig. 4, step 420, paragraph 60.)
`
`

`

`Application/Control Number: 16/490,587
`Art Unit: 2412
`
`Page 6
`
`and a transmitter, which, in operation, transmits at least the PUCCHin the
`
`slot. (WANG,Fig. 4, step 430, paragraph 66, teach transmitting at least the PUCCH in
`
`the slot.)
`
`Although WANGteaches(Fig. 4, paragraphs 60-61) that the UE 120 may
`
`increase a quantity of data channel resource blocks from a candidate allocation and
`
`may decrease a quantity of control channel resource blocks from a candidate allocation
`
`to ensure that the delta value does not exceed the maximum delta value, and
`
`furthermore, paragraph 64 teaches that the UE 120 may determine notto transmit one
`
`of the control channel or the data channel based on transmit power, associated PSD,
`
`and/or link budget WANG doesnot describe drops a symbol of the PUSCHina
`
`transmission interval for the PUSCH overlapping with a transmission interval for
`
`the PUCCH;
`
`However L/in the same field of endeavor teaches drops a symbol of the
`
`PUSCHin a transmission interval for the PUSCH overlapping with a transmission
`
`interval for the PUCCH; (L/, paragraph 30 teaches the UE configured not schedule
`
`specified data bits of the PUSCH in the time-frequency region of the PUCCH.)
`
`Therefore, it would have been obvious to one of ordinary skill in the art, before
`
`the effective filing date of the claimed invention, to combine the teachings of L/ with the
`
`teachings of WANGto drop a symbol of the PUSCH in a transmission interval for the
`
`PUSCH overlapping with a transmission interval for the PUCCH. The motivation would
`
`be to avoid an overlapping resource when PUCCH and PUSCH are multiplexed in the
`
`overlapping resources (LI, paragraph 30).
`
`

`

`Application/Control Number: 16/490,587
`Art Unit: 2412
`
`Page 7
`
`Regarding claim 2, WANG teaches A terminal comprising: circuit, (WANG,
`
`Fig. 7, paragraphs 83-84, teach UE 602 comprising processor 706 (i.e. circuitry).)
`
`which, in operation, in a slot having allocated thereto both an uplink control
`
`channel (PUCCH) and an uplink channel (PUSCH)that includes uplink data,
`
`(WANG,Fig. 3, paragraphs 49-52, teach a slot 310 having allocated both UL PUCCH
`
`320 and PUSCH 330 that includes UL data.)
`
`in a case where a difference between a power spectrum density (PSD) of
`
`the PUCCH andthe PSD of the PUSCHis greater than a threshold value, (WANG,
`
`Fig. 3, paragraphs 53-54, teach a difference between a PSD of the PUCCH and the
`
`PSD of the PUSCH is greater than a value (i.e. threshold value), as further described by
`
`Fig. 4, step 420, paragraph 60.)
`
`and a transmitter, which, in operation, transmits the PUCCH, and the
`
`PUSCHfor whichthe portion of a frequency band has been dropped, in theslot.
`
`(WANG,Fig. 4, step 430, paragraph 66, teach the PUCCH and the PUSCH in the
`
`specified resources.)
`
`Although WANGteaches(Fig. 4, paragraphs 60-61) that the UE 120 may
`
`increase a quantity of data channel resource blocks from a candidate allocation and
`
`may decrease a quantity of control channel resource blocks from a candidate allocation
`
`to ensure that the delta value does not exceed the maximum delta value, and
`
`furthermore, paragraph 64 teaches that the UE 120 may determine notto transmit one
`
`of the control channel or the data channel based on transmit power, associated PSD,
`
`and/or link budget, WANG doesnot describe drops a portion of resources of
`
`

`

`Application/Control Number: 16/490,587
`Art Unit: 2412
`
`Page 8
`
`frequency resources to which the PUSCH isallocated in a transmission interval
`
`for the PUSCH overlapping with a transmission interval for the PUCCH;
`
`HoweverL/ in the same field of endeavor teaches drops a portion of resources
`
`of frequency resources to which the PUSCHis allocated in a transmission
`
`interval for the PUSCH overlapping with a transmission interval for the PUCCH;
`
`(LI, paragraph 30 teaches the UE configured not schedule specified data bits of the
`
`PUSCH in the time-frequency region of the PUCCH.)
`
`Therefore, it would have been obvious to one of ordinary skill in the art, before
`
`the effective filing date of the claimed invention, to combine the teachings of L/ with the
`
`teachings of WANGto drop a portion of resources of frequency resources to which the
`
`PUSCH is allocated in a transmission interval for the PUSCH overlapping with a
`
`transmission interval for the PUCCH. The motivation would be to avoid an overlapping
`
`resource when PUCCH and PUSCH are multiplexed in the overlapping resources (LI,
`
`paragraph 30).
`
`Regarding claim 7, WANG teaches A communication methodincluding: in a
`
`slot having allocated thereto both an uplink control channel (PUCCH) and an
`
`uplink channel (PUSCH)that includes uplink data, (WANG,Fig. 3, paragraphs 49-
`
`52, teach a slot 310 having allocated both UL PUCCH 320 and PUSCH 330 that
`
`includes UL data.)
`
`in a case where a difference between a power spectrum density (PSD) of
`
`the PUCCH andthe PSD of the PUSCHis greater than a threshold value, (WANG,
`
`Fig. 3, paragraphs 53-54, teach a difference between a PSD of the PUCCH and the
`
`

`

`Application/Control Number: 16/490,587
`Art Unit: 2412
`
`Page 9
`
`PSD of the PUSCH is greater than a value (i.e. threshold value), as further described by
`
`Fig. 4, step 420, paragraph 60.)
`
`and transmitting at least the PUCCHin theslot. (WANG,Fig. 4, step 430,
`
`paragraph 66, teach transmitting at least the PUCCH in the slot.)
`
`Although WANGteaches(Fig. 4, paragraphs 60-61) that the UE 120 may
`
`increase a quantity of data channel resource blocks from a candidate allocation and
`
`may decrease a quantity of control channel resource blocks from a candidate allocation
`
`to ensure that the delta value does not exceed the maximum delta value, and
`
`furthermore, paragraph 64 teaches that the UE 120 may determine notto transmit one
`
`of the control channel or the data channel based on transmit power, associated PSD,
`
`and/or link budget WANG doesnot describe dropping a symbol of the PUSCH ina
`
`transmission interval for the PUSCH overlapping with a transmission interval for
`
`the PUCCH;
`
`However L/in the same field of endeavor teaches dropping a symbol of the
`
`PUSCHin a transmission interval for the PUSCH overlapping with a transmission
`
`interval for the PUCCH; (L/, paragraph 30 teaches the UE configured not schedule
`
`specified data bits of the PUSCH in the time-frequency region of the PUCCH.)
`
`Therefore, it would have been obvious to one of ordinary skill in the art, before
`
`the effective filing date of the claimed invention, to combine the teachings of LI with the
`
`teachings of WANG to drop a symbol of the PUSCH in a transmission interval for the
`
`PUSCH overlapping with a transmission interval for the PUCCH. The motivation would
`
`be to avoid an overlapping resource when PUCCH and PUSCH are multiplexed in the
`
`overlapping resources (LI, paragraph 30).
`
`

`

`Application/Control Number: 16/490,587
`Art Unit: 2412
`
`Page 10
`
`Regarding claim 8, WANG teaches A communication methodincluding: in a
`
`slot having allocated thereto both an uplink control channel (PUCCH) and an
`
`uplink channel (PUSCH)that includes uplink data, (WANG,Fig. 3, paragraphs 49-
`
`52, teach a slot 310 having allocated both UL PUCCH 320 and PUSCH 330 that
`
`includes UL data.)
`
`in a case where a difference between a power spectrum density (PSD) of
`
`the PUCCH andthe PSD of the PUSCHis greater than a threshold value, (WANG,
`
`Fig. 3, paragraphs 53-54, teach a difference between a PSD of the PUCCH andthe
`
`PSD of the PUSCH is greater than a value (i.e. threshold value), as further described by
`
`Fig. 4, step 420, paragraph 60.)
`
`and transmitting the PUCCH, and the PUSCHfor which the portion of a
`
`frequency band has been dropped, in the slot. (WANG,Fig. 4, step 430, paragraph
`
`66, teach the PUCCH and the PUSCH in the specified resources.)
`
`Although WANGteaches(Fig. 4, paragraphs 60-61) that the UE 120 may
`
`increase a quantity of data channel resource blocks from a candidate allocation and
`
`may decrease a quantity of control channel resource blocks from a candidate allocation
`
`to ensure that the delta value does not exceed the maximum delta value, and
`
`furthermore, paragraph 64 teaches that the UE 120 may determine notto transmit one
`
`of the control channel or the data channel based on transmit power, associated PSD,
`
`and/or link budget, WANG doesnot describe drops a portion of resources of
`
`frequency resources to which the PUSCH isallocated in a transmission interval
`
`for the PUSCH overlapping with a transmission interval for the PUCCH;
`
`

`

`Application/Control Number: 16/490,587
`Art Unit: 2412
`
`Page 11
`
`HoweverL/ in the same field of endeavor teaches drops a portion of resources
`
`of frequency resources to which the PUSCHis allocated in a transmission
`
`interval for the PUSCH overlapping with a transmission interval for the PUCCH;
`
`(LI, paragraph 30 teaches the UE configured not schedule specified data bits of the
`
`PUSCH in the time-frequency region of the PUCCH.)
`
`Therefore, it would have been obvious to one of ordinary skill in the art, before
`
`the effective filing date of the claimed invention, to combine the teachings of L/ with the
`
`teachings of WANGto drop a portion of resources of frequency resources to which the
`
`PUSCH is allocated in a transmission interval for the PUSCH overlapping with a
`
`transmission interval for the PUCCH. The motivation would be to avoid an overlapping
`
`resource when PUCCH and PUSCH are multiplexed in the overlapping resources(LI,
`
`paragraph 30).
`
`Allowable Subject Matter
`
`8.
`
`Claims 4-6 and 10-11 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.
`
`Conclusion
`
`9.
`
`The prior art made of record and notrelied upon is considered pertinent to
`
`applicant's disclosure.
`
`

`

`Application/Control Number: 16/490,587
`Art Unit: 2412
`
`Page 12
`
`Heo et al. (US20080153425A1) is directed to multiplexing an uplink packet data
`
`channel and a control channel, a transport format of the control channel for transmission
`
`of the control information is changed according to the transport format of the data
`
`channel (Abstract). More particularly, paragraph 52 teaches a number of symbols for a
`
`control channel, and as many symbols as those capable of satisfying the entire energy
`
`are required when a data transmission power is used in order to simultaneously transmit
`
`the control channel and the data channel.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to WALLI Z BUTT whose telephone number is (571)272-
`
`5822. The examiner can normally be reached on 9:00 AM - 5.30 PM.
`
`Examiner interviews are available via telephone, in-person, and video
`
`conferencing using a USPTO supplied web-basedcollaboration tool. To schedule an
`
`interview, applicant is encouraged to use the USPTO Automated Interview Request
`
`(AIR) at http:/Awww.uspto.gov/interviewpractice.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
`
`supervisor, CHARLES JIANG can be reached on 571-270-7191. 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.
`
`

`

`Application/Control Number: 16/490,587
`Art Unit: 2412
`
`Page 13
`
`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). If you would like assistance from a
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`
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`
`/IWALLI Z BUTT/
`Examiner, Art Unit 2412
`
`