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
`
`16/643,766
`
`03/02/2020
`
`TOMOHUMI TAKATA
`
`731456.563USPC
`
`1325
`
`Seed IP Law Group LLP/Panasonic (PIPCA)
`701 5th Avenue, Suite 5400
`Seattle, WA 98104
`
`NGUYEN, TU X
`
`PAPER NUMBER
`
`ART UNIT
`
`2642
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`05/11/2021
`
`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.
`16/643,766
`Examiner
`TU X NGUYEN
`
`Applicant(s)
`TAKATAetal.
`Art Unit
`2642
`
`AIA (FITF) Status
`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 2 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 March 2020.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`2a)L) 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 incorporatedinto 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*
`1-14 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.
`02 Claim(s
`s)___ is/are rejected.
`( Claim(s)
`is/are objected to.
`Claim(s) 1-14 are subject to 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 20210320
`
`

`

`Application/Control Number: 16/643,766
`Art Unit: 2642
`
`Page 2
`
`DETAILED ACTION
`
`Election/Restrictions
`
`1.
`
`REQUIREMENT FOR UNITY OF INVENTION
`
`As provided in 37 CFR 1.475(a), a national stage application shall relate to one
`
`invention only or to a group of inventions so linked as to form a single general inventive
`
`concept (“requirement of unity of invention’). Where a group of inventions is claimed in
`
`a national stage application, the requirement of unity of invention shall be fulfilled only
`
`whenthere is a technical relationship among those inventions involving one or more of
`
`the same or corresponding special technical features. The expression “special technical
`
`features” shall mean those technical features that define a contribution which each of
`
`the claimed inventions, considered as a whole, makes overthe prior art.
`
`The determination whether a group of inventions is so linked as to form a single
`
`general inventive concept shall be made without regard to whether the inventions are
`
`claimed in separate claims or as alternatives within a single claim. See 37 CFR
`
`1.475(e).
`
`WhenClaims Are Directed to Multiple Categories of Inventions:
`
`As provided in 37 CFR 1.475 (b), a national stage application containing claims
`
`to different categories of invention will be considered to have unity of invention if the
`
`claims are drawn only to one of the following combinations of categories:
`
`(1) A product and a process specially adapted for the manufacture of said
`
`product; or
`
`(2) A product and a process of use of said product; or
`
`

`

`Application/Control Number: 16/643,766
`Art Unit: 2642
`
`Page 3
`
`(3) A product, a process specially adapted for the manufacture of the said
`
`product, and a use of the said product; or
`
`(4) A process and an apparatus or means specifically designed for carrying out
`
`the said process; or
`
`(5) A product, a process specially adapted for the manufacture of the said
`
`product, and an apparatus or means specifically designed for carrying out
`
`the said process.
`
`Otherwise, unity of invention might not be present. See 37 CFR 1.475 (c).
`
`2.
`
`This application contains claims directed to more than one species of the generic
`
`invention. These species are deemedto lack unity of invention because they are not so
`
`linked as to form a single general inventive concept under PCT Rule 13.1.
`
`The species are as follows:
`
`Claims 1-14 are generic to the following disclosed patentably distinct species:
`
`|. Claims 1-11 and 13, drawn to a terminal transmits uplink channel with a
`
`transmission power asidentify in fig. 3, 5 and 14.
`
`ll. Claims 12 and 14, drawnto a basestation receives uplink transmission power
`
`and generates transmission power control instructions as identified in fig. 4, 6 and 16.
`
`The species are independent or distinct because the different species have
`
`mutually exclusive characteristics for each identified species above.
`
`In addition, these
`
`species are not obvious variants of each other based on the current record.
`
`

`

`Application/Control Number: 16/643,766
`Art Unit: 2642
`
`Page 4
`
`Applicant is required under 35 U.S.C. 121 to elect a single disclosed species, or
`
`a single grouping of patentably indistinct species, for prosecution on the merits to which
`
`the claims shall be restricted if no generic claim is finally held to be allowable.
`
`There is a search and/or examination burden for the patentably distinct species
`
`as set forth above because at least the following reason(s) apply:
`
`The species or groupings of patentably indistinct species require a different field
`
`of search (e.g., searching different classes/subclasses or electronic resources, or
`
`employing different search strategies or search queries).
`
`Applicant
`
`is advised that the reply to this requirement to be complete must
`
`include (i) an election of a species or a grouping of patentably indistinct species
`
`to be examined even though the requirement may be traversed (87 CFR 1.143) and
`
`(ii) identification of the claims encompassing the elected species or grouping of
`
`patentably indistinct species, including any claims subsequently added. An argument
`
`that a claim is allowable or that all claims are generic is considered nonresponsive
`
`unless accompanied by an election.
`
`Upon the allowance of a generic claim, applicant will be entitled to consideration
`
`of claims to additional species which depend from or otherwise require all the limitations
`
`of an allowable generic claim as provided by 37 CFR 1.141.
`
`Applicant is reminded that upon the cancellation of claims to a non-elected
`
`invention, the inventorship must be amended in compliance with 37 CFR 1.48(b) if one
`
`or more of the currently named inventors is no longer an inventor of at least one claim
`
`

`

`Application/Control Number: 16/643,766
`Art Unit: 2642
`
`Page 5
`
`remaining in the application. Any amendmentof inventorship must be accompanied by
`
`a request under 37 CFR 1.48(b) and by the fee required under 37 CFR 1.17(i).
`
`Conclusion
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to Examiner Tu Nguyen whose telephone number is
`
`(571)272-7883. The examiner can normally be reached on 8AM-5PM Eastern Time.
`
`Examiner interviews are available via telephone, in-person, and video
`
`conferencing using a USPTO supplied web-based collaboration tool. To schedule an
`
`interview, Applicant is encouraged to use the USPTO Automated Interview Request
`
`(AIR) at http:/Wwww.uspto.gov/interviewpractice.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
`
`supervisor Rafael Perez-Gutierrez can be reached on 571-272-789915. The fax phone
`
`number for the organization where this application or proceeding is assigned is 571-
`
`273-8300 or mailed to:
`
`Commisioner for Patents
`
`P.O. Box 1450
`
`Alexandria, VA 22313-1450
`
`Hand-delivered responses should be brought to
`
`Customer Service Window
`
`Randolph Building
`
`401 Delany Street
`
`Alexandria, VA 22314
`
`

`

`Application/Control Number: 16/643,766
`Art Unit: 2642
`
`Page 6
`
`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. 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 USPTO Customer Service Representative or access to the automated
`
`information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
`
`/TU X NGUYEN/
`Primary Examiner, Art Unit 2642
`
`