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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
`
`16/794,493
`
`02/19/2020
`
`TETSUYA YAMAMOTO
`
`731456.443C2
`
`7907
`
`Seed IP Law Group LLP/Panasonic (PIPCA)
`701 5th Avenue, Suite 5400
`Seattle, WA 98104
`
`CHOWDHURY, HARUN UR R
`
`ART UNIT
`
`2473
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`08/05/2021
`
`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.and 17-27 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`5a) Of the above claim(s) ___ is/are withdrawn from consideration.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. and 17-27 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 20210729
`
`Application No.
`Applicant(s)
`16/794,493
`YAMAMOTOetal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`HARUN U CHOWDHURY
`2473
`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 06/01/2021.
`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: 16/794,493
`Art Unit: 2473
`
`Page 2
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`DETAILED ACTION
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`Notice of Pre-AlA or AIA Status
`
`1.
`
`The present application, filed on or after March 16, 2013, is being examined
`
`under the first inventor to file provisions of the AIA.
`
`Priority
`
`2.
`
`Acknowledgmentis made of applicant’s claim for foreign priority under 35 U.S.C.
`
`119 (a)-(d).
`
`Status of Claims
`
`3.
`
`4.
`
`5.
`
`Claims 1, 17-27 are pending wherein claims 1 and 22 are in independentform.
`
`Claim 1 has been amended.
`
`Claims 2-16 have been canceled. Claims 17-27 have been added newly.
`
`Response to Arguments
`
`6.
`
`Applicant's argumentsfiled on 06/01/2021 have been fully considered but they
`
`are not persuasive. The reasons setforth below.
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`7.
`
`On page 6 of the remarks, applicant argues, “In rejecting claim 2, the office has
`
`found that Kim teaches the step of puncturing a last SC-FDMA symbol in a
`
`sounding reference signal (SRS). (Office Action, page 4). Applicant respectfully
`
`traverses this finding. Kim merely discloses “PUSCH data transmission is
`
`not permitted on the SC-FDMA symbol designated for SRS.” Kim, ]}[0169]. Kim
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`does notteachthat “transmission is not permitted” equals a symbol being
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`“punctured” and, as such, does notfairly teach or suggest“in a first case in which
`
`the transmitter transmits the PUSCH repetition signals, the control circuitry, in
`
`operation, puncturesa last single-carrier frequency-division multiple access (SC-
`
`

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`Application/Control Number: 16/794,493
`Art Unit: 2473
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`Page 3
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`FDMA) symbol in a sounding reference signal (SRS) transmission candidate
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`subframe of the plurality of subframes’” as claimed. The rest of the prior art does
`
`not cure the deficiencies of Kim’.
`
`In response, examiner respectfully disagrees because:
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`Kim discloses that SRS transmission is always performedin the last SC-FDMA
`
`symbol in the subframe configured for transmitting SRS (Fig. 9, Par 0169). Kim
`
`also discloses to transmit both the PUSCH and SRSin a subframe when the
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`PUSCH transmission subbandis identical to the SRS subband (Fig. 13-14, Par
`
`0285-0286, Par 0303). SRSis always transmitted in the last SC-FDMA symbol of
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`a subframe and when both the SRS and PUSCH are transmitted in a subframe,
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`then PUSCH is not transmitted in the last symbol of the subframe. By not
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`transmitting PUSCH signal in the last symbol (because SRSis transmitted in that
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`symbol), the last SC-FDMA symbol of the subframe configured for SRS
`
`transmission is punctured.
`
`

`

`Application/Control Number: 16/794,493
`Art Unit: 2473
`
`Page 4
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`Claim Rejections - 35 USC § 103
`
`8.
`
`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.
`
`9.
`
`Claims 1, 17-19, 22-25 are rejected under 35 U.S.C. 103 as being unpatentable
`
`over Yao et al (US 20180109286 A1, hereinafter referred to as Yao) in view of Kim et al
`
`(US 20180083752 A1, hereinafter referred to as Kim) and Xiong et al (US 20160226639
`
`A1, hereinafter referred to as Xiong).
`
`Re claim 1, Yao teaches a communication apparatus (User equipment,
`
`Fig. 5-6) comprising:
`
`(i) control circuitry (processor 22, Fig. 5); and
`
`(ii) a transmitter (Transceiver, 28, Fig. 5), which is coupled to the control circuitry
`
`and which, in operation, transmits physical uplink shared channel (PUSCH)
`
`repetition signals or physical uplink control channel (PUCCH) repetition signals in
`
`a plurality of subframes (PUSCH signal repeatedly transmitted in X consecutive
`
`subframes inafirst frequency/PRB)(Fig. 1, Fig. 4-5, Par 0053-0055, Par 0057-
`
`0061, Par 0063-0065, Par 0068-0070, Par 0072-0078, Par 0084-0085, Par 0095,
`
`Par 0102);
`
`Yao does notexplicitly disclose that
`
`(iii) in a first case in which the transmitter transmits the PUSCH repetition signals,
`
`the control circuitry, in operation, punctures a last single-carrier frequency-
`
`

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`Application/Control Number: 16/794,493
`Art Unit: 2473
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`Page 5
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`division multiple access (SC-FDMA) symbol in a sounding reference signal
`
`(SRS) transmission candidate subframe of the plurality of subframes;
`
`(iv) in a second case in which the transmitter transmits the PUCCH repetition
`
`signals, the control circuitry, in operation, uses a shortened PUCCH formatin the
`
`plurality of subframes.
`
`Re component(iii), Kim teaches that
`
`(iii) in a first case in which the transmitter transmits the PUSCH repetition signals,
`
`the control circuitry, in operation, punctures a last single-carrier frequency-
`
`division multiple access (SC-FDMA) symbol in a sounding reference signal
`
`(SRS) transmission candidate subframe of the plurality of subframes
`
`(transmitting SRS in the last SC-FDMA symbol when the PUSCH transmission
`
`sub-bandis identical to the SRS transmission sub-band) (Fig. 9, Fig. 13-14, Par
`
`0168-0169, Par 0173, Par 0178, Par 0211-0212, Par 0282-0286, Par 0296-
`
`0303);
`
`It would have been obvious to one of ordinary skill in the art before the
`
`filing date of the invention to modify Yao by including the step to puncture a last
`
`single-carrier frequency-division multiple access (SC-FDMA) symbol in a
`
`sounding reference signal (SRS) transmission candidate subframe of the plurality
`
`of subframes, as taught by Kim for the purposeof efficiently transmitting SRS
`
`and uplink data in an MTC environment, as taught by Kim (Par 0004-0007).
`
`

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`Application/Control Number: 16/794,493
`Art Unit: 2473
`
`Page 6
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`Re component(iv), Xiong teaches that
`
`(iv) in a second case in which the transmitter transmits the PUCCH repetition
`
`signals, the control circuitry, in operation, uses a shortened PUCCH formatin the
`
`plurality of subframes (Shortened PUCCH, Fig. 4) (Fig. 4, Par 0038-40, Par
`
`0042-0044, Par 0049-0053, Par 0055-0056).
`
`It would have been obvious to one of ordinary skill in the art before the
`
`filing date of the invention to modify Yao by including the step to use a shortened
`
`PUCCH formatin the plurality of subframes, as taught by Xiong for the purpose
`
`of providing UE specific repetition level to reduce waste of radio resource and UE
`
`power consumption, as taught by Xiong (Par 0027).
`
`Claim 22 recites a method performing the functions recited in claim 1 and
`
`thereby, is rejected for the reasons discussed above with respectto claim 1.
`
`Re claims 17, 23, Yao does notexplicitly disclose that in the second case
`
`that in which the transmitter transmits the PUCCH repetition signals, the control
`
`circuitry does not puncture the last SC-FDMA symbol in the SRS transmission
`
`candidate subframe.
`
`Xiong teaches that in the second case that in which the transmitter
`
`transmits the PUCCH repetition signals, the control circuitry does not puncture
`
`the last SC-FDMA symbol in the SRS transmission candidate subframe
`
`(Dropping SRS transmission, Fig. 4) (Fig. 4, Abstract, Par 0045, Par 0047, Par
`
`0055-0056).
`
`It would have been obvious to one of ordinary skill in the art before the
`
`filing date of the invention to modify Yao by including the step that the control
`
`

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`Application/Control Number: 16/794,493
`Art Unit: 2473
`
`Page 7
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`circuitry does not puncture the last SC-FDMA symbol in the SRS transmission
`
`candidate subframe, as taught by Xiong for the purpose of providing UE specific
`
`repetition level to reduce waste of radio resource and UE power consumption, as
`
`taught by Xiong (Par 0027).
`
`Re claims 18, 24, Yao does notexplicitly disclose that the
`
`SRStransmission candidate subframe is signaled by a basestation.
`
`Kim teachesthat the SRS transmission candidate subframe is signaled by
`
`a basestation (receiving SRS configuration from the eNB) (Fig. 9, Fig. 13-14, Par
`
`0168-0169, Par 0173-0178, Par 0186, Par 0211-0213, Par 0216-0217, Par 0248,
`
`Par 0255, Par 0285, Par 0299).
`
`It would have been obvious to one of ordinary skill in the art before the
`
`filing date of the invention to modify Yao by including the step that the SRS
`
`transmission candidate subframe is signaled by a basestation, as taught by Kim
`
`for the purposeofefficiently transmitting SRS and uplink data in an MTC
`
`environment, as taught by Kim (Par 0004-0007).
`
`Re claims 19, 25, Yao doesnotexplicitly disclose that an SRS
`
`is transmitted in the last SC-FDMA symbolof the SRS transmission candidate
`
`subframe.
`
`Kim teachesthat an SRSis transmitted in the last SC-FDMA symbol of
`
`the SRS transmission candidate subframe (Fig. 9, Par 0169).
`
`It would have been obvious to one of ordinary skill in the art before the
`
`filing date of the invention to modify Yao by including the step that an SRSis
`
`transmitted in the last SC-FDMA symbol of the SRS transmission candidate
`
`

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`Application/Control Number: 16/794,493
`Art Unit: 2473
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`Page 8
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`subframe, as taught by Kim for the purposeofefficiently transmitting SRS and
`
`uplink data in an MTC environment, as taught by Kim (Par 0004-0007).
`
`10.
`
`Claims 20, 26 are rejected under 35 U.S.C. 103 as being unpatentable over Yao,
`
`Kim, and Xiong as applied to claim 1 above and further in view of Oh et al (US
`
`20180213484 A1, hereinafter referred to as Oh) and Kazmi et al (US 20140092877 Aj,
`
`hereinafter referred to as Kazmi).
`
`Re claim 20, Yao does not explicitly disclose that phase continuity of the
`
`PUSCH repetition signals is maintained in symbols of the PUSCH
`
`repetition signals other than the last SC-FDMA symbol in the SRS transmission
`
`candidates subframe.
`
`Oh teachesthat phase continuity of the PUSCH repetition signals is
`
`maintained in symbols of the PUSCH repetition signals (phase continuity of the
`
`PUSCH repetition signals is maintained by applying same powerfor repeated
`
`PUSCH transmission) (Fig. 8-9, Par 0076-0078, Par 0168-0177).
`
`It would have been obvious to one of ordinary skill in the art before the
`
`filing date of the invention to modify Yao by including the step that phase
`
`continuity of the PUSCH repetition signals is maintained in symbols of the
`
`PUSCH repetition signals, as taught by Oh for the purpose of controlling “uplink
`
`power to feedback a channel state and enhance coverage in a wireless
`
`communication system’, as taught by Oh (Par 0002).
`
`Kazmi teaches that phase discontinuity (RPD) between PUSCH and SRS
`
`occurs when PUSCH and SRSare transmitted with different power levels (Fig. 7,
`
`Par 0123-0124).
`
`

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`Application/Control Number: 16/794,493
`Art Unit: 2473
`
`Page 9
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`It would have been obvious to one of ordinary skill in the art before the
`
`filing date of the invention to modify Yao by including the step that phase
`
`discontinuity (RPD) between PUSCH and SRS occurs when PUSCH and SRS
`
`are transmitted with different power levels, as taught by Kazmi for the purpose of
`
`improving “performance of a transmission from a user equipment to a radio base
`
`station’, as taught by Kazmi (Par 0010).
`
`Yao in view of Kim teaches that PUSCH signals along with SRSsignalin
`
`the last symbol are transmitted in the SRS transmission candidate subframe
`
`(Kim, Fig. 9, Fig. 13-14). Oh teaches to maintain phase continuity of the PUSCH
`
`signals by applying same transmission power and Kazmi teaches to have phase
`
`discontinuity between PUSCH and SRS when PUSCH and SRSaretransmitted
`
`with different power levels. Therefore, Yao in view of Kim, Oh, and Kazmi
`
`discloses that phase continuity of the PUSCHrepetition signals is maintained in
`
`symbols of the PUSCH repetition signals other than the last SC-FDMA symbol in
`
`the SRS transmission candidates subframe.
`
`11.
`
`Claims 21, 27 are rejected under 35 U.S.C. 103 as being unpatentable over Yao,
`
`Kim, and Xiong as applied to claim 1 above and further in view of Papasakellariou (US
`
`20160269939 A1, hereinafter referred to as Papasakellariou).
`
`Re claim 21, Yao does not explicitly disclose that symbol level combining
`
`of the PUSCH repetition signals is possible.
`
`Papasakellariou teaches that symbol level combining of the PUSCH
`
`repetition signals is possible (Symbol level combining prior to demodulation) (Par
`
`0081, Par 0084, Par 0087, Par 0117, Par 0144-0145, Par 0149, Par 0153-0154).
`
`

`

`Application/Control Number: 16/794,493
`Art Unit: 2473
`
`Page 10
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`It would have been obvious to one of ordinary skill in the art before the
`
`filing date of the invention to modify Yao byincluding the step that symbol level
`
`combining of the PUSCH repetition signals is possible, as taught by
`
`Papasakellariou for the purpose of “determining resources for repetitions of
`
`channels transmissions to low cost user equipments (UEs)”, as taught by
`
`Papasakellariou (Par 0002).
`
`

`

`Application/Control Number: 16/794,493
`Art Unit: 2473
`
`Page 11
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`Conclusion
`
`Applicant's amendment necessitated the new ground(s) of rejection
`
`presentedin 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 shortenedstatutory period for reply to this final action is set to expire
`
`THREE MONTHS from the mailing date of this action.
`
`In the eventa first reply is
`
`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 shortenedstatutory
`
`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 of this
`
`final action.
`
`Any inquiry concerning this communication or earlier communications from
`
`the examiner should be directed to HARUN UR R CHOWDHURYwhose
`
`telephone number is (571)270-3895. The examiner can normally be reached on
`
`Monday-Friday 9AM-5PM.
`
`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 AutomatedInterview
`
`Request (AIR) at http:/Awww.uspto.gov/interviewpractice.
`
`

`

`Application/Control Number: 16/794,493
`Art Unit: 2473
`
`Page 12
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`If attempts to reach the examiner by telephone are unsuccessful, the
`
`examiner's supervisor, Kwang B Yao can be reached on 5712723182. 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
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`PAIR. Status information for unpublished applications is available through
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`
`/HARUN CHOWDHURY/
`Examiner, Art Unit 2473
`
`