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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
`
`16/606,395
`
`10/18/2019
`
`TAKASHI IWAI
`
`731456.539USPC
`
`9383
`
`Seed IP Law Group LLP/Panasonic (PIPCA)
`701 5th Avenue, Suite 5400
`Seattle, WA 98104
`
`KASSIM, KHALED M
`
`ART UNIT
`
`2468
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`05/24/2021
`
`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*
`1-3 and 6-18 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`5a) Of the above claim(s) ___ is/are withdrawn from consideration.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) 1-3 and 6-18 is/are rejected.
`(1 Claim(s)__is/are objectedto.
`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)[M) 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) All
`1.{¥] 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 20210519
`
`Application No.
`Applicant(s)
`16/606,395
`IWAl et al.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`KHALED M KASSIM
`2468
`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 02//04/2021.
`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: 16/606,395
`Art Unit: 2468
`
`Page 2
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`Notice of Pre-AlA or AIA Status
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`The present application,filedonor after March 16, 2013,
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`is being examined underthe
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`first inventor to file provisions of the AIA.
`
`DETAILED ACTION
`
`This is in response to the amendmentfiled 02/04/2021. Claims 4-5 have been canceled; claims
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`12-18 have been added; claims 1-3 and 6-18 are pending and presented for examination.
`
`Notice of Pre-AlA or AIA Status
`
`1.
`
`The present application, filed onor after March 16, 2013, isbeingexamined underthe
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`first inventor to file provisions of the AIA.
`
`2.
`
`In the eventthe determination of the status of the applicationas subjectto AIA35
`
`U.S.C. 102 and 103 (oras subjectto pre-AlA 35 U.S.C. 102 and 103)
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`is incorrect, any correction
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`of the statutory basis for the rejection will not be considered a new ground of rejectionif the
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`prior art relied upon, and the rationale supporting the rejection, would be the same under
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`eitherstatus.
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`

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`Application/Control Number: 16/606,395
`Art Unit: 2468
`
`Page 3
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`Claim Rejections - 35 USC § 103
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`The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness
`
`rejections set forth in this Office action:
`
`A patentfor a claimed invention may not be obtained, notwithstanding that the
`claimed invention is not identically disclosed as set forth in section 102, ifthe
`differences between the claimedinvention and the prior art are such that the
`claimed invention as a whole would have been obvious before the effectivefiling
`date of the claimed inventiontoa person having ordinary skillinthe art to which
`the claimed invention pertains. Patentability shall not be negated by the manner
`in which the invention was made.
`
`1.
`
`Claims 1-2, 6-9, 11, 12, 14-17 are rejected under 35 USC 103(a) as being unpatentable
`
`over Luo et al (US 2010/0067591 A1) in view of Yagi et al (US Pub. No. 2013/0230018 A1).
`
`Regarding claim 1, Luo discloses “A terminal” (see Luo figure 6; access terminal);
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`comprising “circuitry, which, in operation, selects one generation method from a plurality of
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`generation methods for reference signals” (see Luo figure 6, element 610, {| 0073; Waveform
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`control component 610 can select a type of waveform to be utilized for uplink transmission
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`and signal generation component612 can yield a reference signal based upon the selected
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`type of waveform;fig. 4, steps 402, 403, 4/0066.
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`4] 0067; selectinga waveform type that will
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`be used to generate a referencesignal); “wherein the one generation method is uniquely
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`correlated witha parameter” {see Luo figure 6, element610, 4 0073; Waveform control
`
`component610 can select a type of waveform to beutilized for uplink transmission and
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`signal generation component 612 can yield a reference signal based upon the selected type of
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`

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`Application/Control Number: 16/606,395
`Art Unit: 2468
`
`Page 4
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`waveform;fig. 4, steps 402, 403, 4] 0066. 4] 0067; selecting a waveform type that will be used
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`to generate a reference signal). Moreover, Luo discloses the limitation of “and a transmitter”
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`(See Luo fig. 6, element 616); “which, in operation, transmits the referencesignals generated in
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`accordance with the selected generation method.”(see Luo figure 4, step 406 and {| 0067; Luo
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`discloses referencesignal generated using the selected waveform type can be sent as part of
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`the uplink transmission (e.g., to the base station, .. ). Hence, the reference signal can identify
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`the type of waveform utilized for the uplink transmission).
`
`Luo does not appear to explicitly disclose selects that the parameter isa parameter
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`selected froma number of terminals that transmit the reference signalsina partial band
`
`obtained by dividing a system band, a bandwidth of the partial band, or combs constituting the
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`partial band. However, Liu discloses a parameter selected from a number of terminals that
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`transmit the reference signalsina partial band obtained by dividing a system band, a
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`bandwidth of the partial band, or combs constituting the partial band; (See Liu 4 0249; 40250
`
`and 4 0266).
`
`It would have been obvious to one ofordinary skillinthe art, before the effective
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`date of the invention, having the teachings of Luo and Yagi before him or her, to modify the
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`invention of Luo to determine number of terminals and divide SRS transmission frequency band
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`into smalleror partial frequency bands as taught by Yagi to be utilized to select type or method
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`of generating SRS as taught by Liu. The suggestion for doing so would have been in order to
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`ensure communication quality between the radio base station eNB and a radio terminal UE
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`that is moving and to improve possibility to appropriately cope with the interference (4s
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`0003 and {] 0010).
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`

`

`Application/Control Number: 16/606,395
`Art Unit: 2468
`
`Page5S
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`
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`Regarding claim 2, claim1is incorporated as stated above. In addition, the combination
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`of Luo and Yagi further discloses “wherein the circuitry, in operation, selects the one generation
`
`method in accordance with power headroom of the terminal or a path-loss level of the
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`terminal.”; (see Luo 4 0016).
`
`
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`Regardingclaim 6, claim1is incorporated as stated above. In addition, the combination
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`of Luo and Yagi further discloses “wherein the circuitry, in operation, selects the one generation
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`method in accordance with a type of the reference signals.”; (see Luo 4] 0066, {| 0067)
`
`Regarding claim 7, claim 1 is incorporated as stated above.
`
`In addition, the combination
`
`of Luo and Yagi further discloses “wherein the circuitry, inoperation, selects the one generation
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`method inaccordance with a type of a service performed by the terminal.”;(see Luo J 0066, 4]
`
`0067)
`
`
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`Regardingclaim 8, claim1is incorporated as stated above. In addition, the combination
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`of Luo and Yagi further discloses “wherein the circuitry, inaperation, selects the one generation
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`method inaccordance with a subcarrier spacing specified for the terminal’; (see Luo 4 0066, 4
`
`0067)
`
`
`
`Regarding claim 9, claim1is incorporated as stated above. In addition, the combination
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`of Luo and Yagi further discloses “wherein the circuitry, inaperation, selects the one generation
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`

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`Application/Control Number: 16/606,395
`Art Unit: 2468
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`Page 6
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`method in accordance with a frame forrnat type specified forthe terminal’; (see Luo 4 0066,
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`4]
`
`0067)
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`Claims 11, 12, 14 - 17 are the method claim corresponding to the terminal claims 1, 2, 6-
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`9 that has been rejected above. Applicant attention is directed to the rejectionof claims 1, 2, 6-
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`9. Claims 11, 12, 14 — 17 are rejected under the same rational as claims 1, 2, 6-9.
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`Claims 3 and 13 are rejected under 35 USC 103(a) as being unpatentable over Luo etal (US
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`2010/0067591 A1) in view of Yagi et al (US Pub. No. 2013/0230018 A1) and further in view of
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`Liu et al (US Pub. No. 2014/0086093 A1).
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`Mostof the limitations of claim 3 have been noted inthe rejection of claim 1.
`
`Applicant’s attention is directed to the rejection of claim 1 above. Luo does not appear to
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`explicitly disclose selects the one generation method in accordance with a transmission
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`bandwidth of the terminal. However, Liu discloses selects the one generation method in
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`accordance with a transmission bandwidth of the terminal; (See Liu 7 0101; 4] 104; generating
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`reference signal according the maximum bandwidth).
`
`It would have been obvious to one of
`
`ordinary skillinthe art, before the effective date of the invention, having the teachings of Luo
`
`and Liu before him or her, to modify the invention of Luo to select the waveform used for
`
`Refernce signal generation as taught by Luo according to bandwidthas taught by Liu. The
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`suggestion for doing so would have been to improve the performance of the system by
`
`improving generating a referencesignal initialization sequence by a system ({] 0008).
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`

`

`Application/Control Number: 16/606,395
`Art Unit: 2468
`
`Page 7
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`Claim 13 is the method claim corresponding to the terminal claim 3 has been rejected
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`above. Applicant attention is directed to the rejection of claim 3. Claim 13 is rejected under
`
`the same rational as claim 3.
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`2.
`
`Claims 10 and 18 are rejected under 35 USC 103(a) as being unpatentable over Luo et
`
`al (US Pub. No. 2011/0235632 A1) in viewof Yagi et al (US Pub. No. 2013/0230018 A1) and
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`further in view of Choi et al (US Pub. No. 2020/0036493 A1).
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`Mostof the limitations of claim 10 have been notedin the rejection of claim 1.
`
`Applicant’s attention is directed to the rejection of claim 1 above. Luo does not appear to
`
`explicitly disclose wherein the plurality of generation methods include a first generation
`
`method by which each of the reference signals is generated by using one code sequence and a
`
`second generation method by which each of the reference signals is generated by
`
`concatenating one or more code sequences. However, Choi discloses wherein the plurality of
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`generation methods include a first generation method by which each of the reference signals is
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`generated by using one code sequence and a second generation method by which eachof the
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`reference signals is generated by concatenating one or more code sequences; (See Choi J 0083,
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`4] 0107).
`
`It would have been obvious to one of ordinary skillinthe art, before the effective date
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`of the invention, having the teachings of Luo and Choi before himor her, to modify the
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`invention of Luo to generation method by which eachof the reference signals is generated by
`
`

`

`Application/Control Number: 16/606,395
`Art Unit: 2468
`
`Page 8
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`concatenating one or more code sequences. The suggestion for doing so would have been to
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`raise resource utilization efficiency and improving communication performance ({| 0014).
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`Claim 18 is the method claim corresponding to the terminal claim 10 has been rejected
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`above. Applicant attention is directed to the rejection of claim 10. Claim 18 is rejected under
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`the same rational as claim 10.
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`Response to Arguments
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`1.
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`Applicant’s arguments with respect to the claims have beenconsidered but are moot
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`because the argumentsdo not apply to any of the references being used in the current
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`rejection.
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`Conclusion
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`Applicant's amendment necessitated the new ground(s) of rejection presented in this
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`Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicantis
`
`reminded of the extension of time policy as set forth in37 CFR 1.136(a).
`
`A shortened statutory period for reply to this final action is setto expire THREE MONTHS
`
`from the mailing date of this action.
`
`In the eventa firstreply is filed within TWO MONTHS of
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`the mailing date of this final action and the advisory action is not mailed until afterthe end of
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`the THREE-MONTH shortened statutory period, thenthe shortened statutory period will expire
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`on the date the advisory action is mailed, and any extension fee pursuantto 37 CFR 1.136(a)
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`

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`Application/Control Number: 16/606,395
`Art Unit: 2468
`
`Page 9
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`will be calculated from the mailing date of the advisory action.
`
`In no event, however, will the
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`statutory period for reply expire laterthan SIX MONTHS from the date of this final action.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examinershould be directed to KHALED M KASSIM whosetelephone number is (571)270-3770.
`
`The examinercan normally be reached on 10:00 am - 6:00 PM.
`
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`
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`
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`
`supervisor, Asad Nawaz can be reached on 571-272-3988. 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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`

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`Application/Control Number: 16/606,395
`Art Unit: 2468
`
`Page 10
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`/KHALED M KASSIM/
`Primary Examiner, Art Unit 2468
`
`