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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
`
`16/492,937
`
`09/10/2019
`
`TETSUYA YAMAMOTO
`
`731456.538USPC
`
`1046
`
`Seed IP Law Group LLP/Panasonic (PIPCA)
`701 5th Avenue, Suite 5400
`Seattle, WA 98104
`
`CUNNINGHAM, KEVIN M
`
`ART UNIT
`
`2461
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`04/30/2021
`
`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)
`
`

`

`
`
`Disposition of Claims*
`1-12 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`5a) Of the above claim(s) ___ is/are withdrawn from consideration.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) 1-12 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 20210414
`
`Application No.
`Applicant(s)
`16/492,937
`YAMAMOTOetal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`KEVIN M CUNNINGHAM
`2461
`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 4/6/2021.
`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.
`
`

`

`Application/Control Number: 16/492,937
`Art Unit: 2461
`
`Page 2
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`DETAILED ACTION
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`Notice of Pre-AlA or AIA Status
`
`The presentapplication, filed on or after March 16, 2013, is being examined under the first
`
`inventor to file provisions of the AIA.
`
`Claim Rejections - 35 USC § 112
`
`The following is a quotation of 35 U.S.C. 112(b):
`(b) CONCLUSION.—The specification shall conclude with one or more claims particularly
`pointing out and distinctly claiming the subject matter which the inventor or a joint inventor
`regards as the invention.
`
`The following is a quotation of 35 U.S.C. 112 (pre-AlA), second paragraph:
`The specification shall conclude with one or moreclaims particularly pointing out and distinctly
`claiming the subject matter which the applicant regards as his invention.
`
`Claim 8 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AlA), second paragraph, as
`
`being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor
`
`or a joint inventor (or for applications subject to pre-AlA 35 U.S.C. 112, the applicant), regards as the
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`invention.
`
`Regarding claim 8, the claim states: “the power scaling ofthe first signal is carrier out and the
`
`power scaling of the second signal is not carrier out” is unclear.
`
`It is not clear what is meant by the signal
`
`being carrier our or not carrier out. Examiner assumesthe Applicant meant to the power scaling of the
`
`first signal is carried out and not carried out for the second signal.
`
`Claim Rejections - 35 USC § 103
`
`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 before the effective filing date of the claimed invention to a person having
`ordinary skill in the art to which the claimed invention pertains. Patentability shall not be
`negated by the manner in which the invention was made.
`
`

`

`Application/Control Number: 16/492,937
`Art Unit: 2461
`
`Page 3
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`Claims 1-12 are rejected under 35 U.S.C. 103 as being unpatentable over Jiang et al (US
`
`2018/0103428, hereinafter Jiang, claiming the priority date of provisional application 62/406,224), in view
`
`of Yi et al (US 2018/0035416, hereinafter Yi, claiming priority date of all provisional applications) and in
`
`view of Ekpenyonget al (US 2013/0195048, hereinafter Ekpenyong).
`
`1. Regarding claim 1, Jiang discloses a terminal (UE, Fig. 1) provided with: circuitry (hardware
`
`including circuits, Para [0108]), which, in operation, in a case where a sum of a transmission power
`
`for a first signal and a transmission power for a secondsignal requiring lower latency and higher
`
`reliability than the first signal exceeds a maximum transmission power in an overlap interval in which
`
`a transmission of the first signal and a transmission of the second signal occur at the same time,
`
`carries out power scaling with quality of the second signal being prioritized over quality of the first
`
`signal, in at least the overlap interval (approach to support both eMBB and URLLLCtraffic, where
`
`an issue is that the UE is transmitting at maximum powerand has no additional powerto
`
`transmit, Para [0085], power sharing between eMBB and URLLC, Para [0099], UE monitors for
`
`an indicator, in order to transmit both eMBB and URLLCdata, using the same time-frequency
`
`resources, at the desired powerlevels, Para [0100] and UE can reduce transmission powerfor
`
`eMBB and usedthe saved transmission powerfor the URLLC, Para [0100], where URLLC
`
`traffic has priority over eMBB traffic, Para [0082]); and a transmitter, which, in operation, transmits
`
`the first signal and the second signal obtained after the power scaling (UE transmits both eMBB
`
`and URLLC data, where the eMBB datais transmitted with reduced transmission power, Para
`
`[0100]). Also see Para [0093, 0099, 0106] from provisional application 62/406,244:
`
`but does not disclose, in a case where a transmission intervalof the first signal is longer than a
`
`transmission interval of the second signal, and a transmission start position of the first signal is
`
`included in the overlap interval. Yi discloses URLLC can use the sameor different numerology
`
`than the eMBB, Para [0066] and see Fig. 5 where the start of eMBB uplink is during the uplink
`
`sub-frame of URLLC, where the eMBB sub-frameis longer than URLLC sub-frame.
`
`It would
`
`have been obvious to one of ordinary skill in the art before the effective filing date of the invention to
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`utilize the techniques taught by Yi in order to efficiently operate NR system wheredifferent sub-bands
`
`

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`Application/Control Number: 16/492,937
`Art Unit: 2461
`
`are allocated to different user equipment;
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`Page 4
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`nor discloses carrying out power scaling ofthe first signal across the entire transmission interval
`
`of the first signal, wherein the entire transmission interval includes both the overlap interval during
`
`which the sum exceeds the maximum transmission power and a non-overlap interval during which the
`
`sum does not exceed the maximum transmission power. Ekpenyong discloses transmitting a first
`
`and second transmission during a sub-frame with transmission timing difference, scaling
`
`transmit powerfor one or both signals so the combined power does not exceed the maximum
`
`power, where a constant transmission poweris assigned to all symbols in the first and
`
`second transmissionsprior to the start of the sub-frame, Para [0024].
`
`It would have been
`
`obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the
`
`techniques taught by Ekpenyongin order to support multiple timing advancesand prioritize
`
`transmissions during simultaneous transmissions that exceed maximum transmission power.
`
`2. Regarding claims 2 and 8, Jiang discloses the terminal/method according to claim 1/7, wherein the
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`circuitry, in operation, carries out the power scaling for the first signal and does not carry out the
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`power scaling for the second signal in a case where the sum exceeds the maximum transmission
`
`power (URLLC data haspriority over eMBB traffic, Para [0082] and transmitting eMBB traffic at
`
`reduced power, Para [0093)).
`
`3. Regarding claims 3 and 9, Jiang discloses the terminal/method according to claim 1/7, but not
`
`explicitly wherein the first signal and the second signal are respectively allocated to different
`
`frequency resources. Yi discloses the URLLC and eMBB maybe multiplexed by FDM, Para
`
`[0066] or See Fig. 5, where eMBB and URLLCusedifferent frequencies (page 5 of provisional
`
`application 62/476,628).
`
`4. Regarding claims 4 and 10, Jiang discloses the terminal/method according to claim 1/7, wherein the
`
`power scaling ofthe first signal across the entire transmission intervalof the first signal prevents
`
`occurrence of a transient period in the transmission interval of the first signal (this is stating a result
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`of the powerscaling: recognizing latent properties does not render an otherwise known
`
`invention as patentable).
`
`

`

`Application/Control Number: 16/492,937
`Art Unit: 2461
`
`Page 5
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`5. Regarding claims 5 and 11, Jiang discloses the terminal/method according to claim 1/7, but not
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`wherein a start position of a transmission interval for the first signal is any timing in a transmission
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`period for the second signal. Yi discloses URLLC can use the sameor different numerology than
`
`the eMBB, Para [0066] and see Fig. 5 where the start of eMBB uplink is during the uplink sub-
`
`frame of URLLC.
`
`6. Regarding claims 6 and 12, Jiang discloses the terminal/method according to claim 5/11, wherein
`
`the transmitter transmits the first signal using a frequency resource for the second signal. Yi
`
`discloses the bandwidth between URLLC and eMBB maybefully or partially overlapped, Para
`
`[0066].
`
`7. Regarding claim 7, Jiang discloses a communication method including: in a case where a sum of a
`
`transmission power for a first signal and a transmission power for a second signal requiring lower
`
`latency and higher reliability than the first signal exceeds a maximum transmission power in an
`
`overlap interval in which a transmission ofthe first signal and a transmission of the second signal
`
`occur at the same time, carrying out power scaling with quality of the second signal being prioritized
`
`over quality of the first signal, in at least the overlap interval (approach to support both eMBB and
`
`URLLCtraffic, where an issue is that the UE is transmitting at maximum power and has no
`
`additional powerto transmit, Para [0085], power sharing between eMBB and URLLC, Para
`
`[0099], UE monitors for an indicator, in order to transmit both eMBB and URLLCdata, using
`
`the same time-frequency resources,at the desired powerlevels, Para [0100] and UE can
`
`reduce transmission power for eMBB and used the saved transmission powerfor the URLLC,
`
`Para [0100], where URLLCtraffic has priority over eMBB traffic, Para [0082]); and transmitting
`
`the first signal and the second signal obtained after the power scaling (UE transmits both eMBB
`
`and URLLC data, where the eMBB datais transmitted with reduced transmission power, Para
`
`[0100]). Also see Para [0093, 0099, 0106] from provisional application 62/406,244:
`
`but does not disclose, in a case where a transmission intervalof the first singal is longer than a
`
`transmission interval of the second signal, and a transmission start position of the first signal is
`
`included in the overlap interval. Yi discloses URLLC can use the sameor different numerology
`
`than the eMBB, Para [0066] and see Fig. 5 where the start of eMBB uplink is during the uplink
`
`

`

`Application/Control Number: 16/492,937
`Art Unit: 2461
`
`Page 6
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`sub-frame of URLLC, where the eMBB sub-frameis longer than URLLC sub-frame;
`
`nor discloses carrying out power scaling ofthe first signal across the entire transmission interval
`
`of the first signal, wherein the entire transmission interval includes both the overlap interval during
`
`which the sum exceeds the maximum transmission power and a non-overlap interval during which the
`
`sum does not exceed the maximum transmission power. Ekpenyong discloses transmitting a first
`
`and second transmission during a sub-frame with transmission timing difference, scaling
`
`transmit powerfor one or both signals so the combined power does not exceed the maximum
`
`power, where a constant transmission poweris assigned to all symbols in the first and
`
`second transmissionsprior to the start of the sub-frame, Para [0024].
`
`Response to Arguments
`
`1.
`
`Applicant's argumentsfiled 4/6/2021 have been fully considered but they are not persuasive. The
`
`Applicant amendsthe limitations and argues the references do not disclose the amended limitations. The
`
`Applicant amendsthe similarlimitations of dependent claim 4 into the independentclaim but further
`
`expandson the original limitations of claim 4. Applicant argues the power scaling is applied to both the
`
`overlapped and non-overlapped portion. The Examiner stated Jiang discloses the UE received
`
`scheduling information for when to reduce power of the eMBB transmission, Para [0097] and that it was
`
`obvious the reduced power could be applied to the entire TTI. Applicant argues Jiang only indicates to
`
`the UE when there will be an overlapping URLLC transmission and Jiang only discloses reducing power
`
`on the overlap portion only.
`
`In response, the Applicant has amendedthe independentclaims with original claim 4 but also
`
`with further limitations. The Examiner stated it was obvious reducing the power of the eMBB could befor
`
`the entire transmission.
`
`If max power is exceeded during an overlap portion, then the power ofone (or
`
`both) signal(s) has to be reduced so that the combined power is lower than the maximum transmission
`
`power. This means reducing the power of the signal for the entire transmission or reducing the power just
`
`for the overlapped portion.
`
`It is obvious but the Applicant has further amended the independent claim
`
`than just the original claim 4, so it is moot in view of a new reference. Ekpenyong discloses a constant
`
`transmission power can be assigned to all symbolsin first and second transmissions when scaling the
`
`

`

`Application/Control Number: 16/492,937
`Art Unit: 2461
`
`Page 7
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`transmission power of one or both signals during the sub-frame, Para [0024] (and discloses the second
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`option of scaling the transmission power during just the overlap period, Para [0025)).
`
`Conclusion
`
`Applicant's amendmentnecessitated the new ground(s) of rejection presented in this 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 shortened statutory period for reply to this final action is set to expire THREE MONTHS from
`
`the mailing date of this action.
`
`In the eventa first replyis filed within TWO MONTHS ofthe mailing date
`
`of this final action and the advisory action is not mailed until after the end of the THREE-MONTH
`
`shortened statutory period, then the shortened statutory period will expire on the date the advisory action
`
`is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of
`
`the advisory action.
`
`In no event, however, will the statutory period for reply expire later than SIX
`
`MONTHS from the date ofthis final action.
`
`Any inquiry concerning this communication or earlier communications from the examiner should
`
`be directed to KEVIN CUNNINGHAM whosetelephone number is (571) 272-1765. The examiner can
`
`normally be reached Mondaythrough Thursday 7:30-18:00 (EST).
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Huy
`
`Vu can be reached on (571) 272-3155. The fax number for the organization where this application or
`
`proceeding is assigned is 571-273-8300.
`
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`1000.
`
`

`

`Application/Control Number: 16/492,937
`Art Unit: 2461
`
`/KEVIN M CUNNINGHAM/
`Primary Examiner, Art Unit 2461
`
`Page 8
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`