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
`
`16/871,926
`
`05/11/2020
`
`TETSUYA YAMAMOTO
`
`731456.405C3
`
`1031
`
`Seed IP Law Group LLP/Panasonic (PIPCA)
`701 5th Avenue, Suite 5400
`Seattle, WA 98104
`
`OH, ANDREW CHUNG SUK
`
`ART UNIT
`
`2466
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`07/27/2021
`
`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.
`16/871,926
`Examiner
`ANDREW C OH
`
`Applicant(s)
`YAMAMOTOetal.
`Art Unit
`AIA (FITF) Status
`2466
`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 05/03/2021.
`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*
`1-10 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) 1-10 is/are rejected.
`S)
`) © Claim(s)____is/are objected to.
`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)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 20210720
`
`

`

`Application/Control Number: 16/871,926
`Art Unit: 2466
`
`Page 2
`
`DETAILED ACTION
`
`In view of the appealbrief filed on 05/03/2021, PROSECUTION IS HEREBY
`
`REOPENED. Non-final rejection is set forth below.
`
`To avoid abandonment of the application, appellant must exercise one of the
`
`following two options:
`
`(1) file a reply under 37 CFR 1.111 (if this Office action is non-final) or a reply
`
`under 37 CFR 1.113 (if this Office action is final); or,
`
`(2) initiate a new appealbyfiling a notice of appeal under 37 CFR 41.31 followed
`
`by an appeal brief under 37 CFR 41.37. The previously paid notice of appeal fee and
`
`appeal brief fee can be applied to the new appeal.
`
`If, however, the appeal fees set forth
`
`in 37 CFR 41.20 have been increased since they were previously paid, then appellant
`
`mustpaythe difference between the increased fees and the amountpreviously paid.
`
`A Supervisory Patent Examiner (SPE) has approved of reopening prosecution by
`
`signing below:
`
`/FARUK HAMZA/
`Supervisory Patent Examiner, Art Unit 2466
`
`Responseto Arguments
`
`35 USC § 103
`
`Applicant’s arguments with respect to claim(s) 1-10 have been considered but
`
`are moot because the new ground of rejection does not rely on any reference applied in
`
`the prior rejection of record for any teaching or matter specifically challenged in the
`
`argument.
`
`

`

`Application/Control Number: 16/871,926
`Art Unit: 2466
`
`Page 3
`
`Claim Rejections - 35 USC § 103
`
`The text of those sections of Title 35, U.S. Code not includedin this action can
`
`be found in a prior Office action.
`
`Independent Claims
`
`Claim 1, 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Lee (US-20130272258) in view of Kang (US-20130044722).
`
`Asto claim 1, 6: Lee teaches a communication apparatus comprising: ...
`
`; anda
`
`transmitter which, in operation, repeatedly transmits both an
`
`Acknowledgement/Negative Acknowledgement (ACK/NACK)signal related to the
`
`downlink data signal, and a Scheduling Request (SR) signal, which are mappedto
`
`consecutive time resources starting from the starting position (fig.29, fig.32, [0441, 444,
`
`445]: ACK/NACK information can be transmitted on SR PUCCH duringall A/N
`
`repetition intervals).
`
`Although Lee teaches the ACK/NACK is located in a subframe at #X location
`
`([0442, 444, 445]), Lee maynot explicitly teach a receiver which, in operation, receives
`
`a downlink data signal and control information indicating a starting position. However,
`
`Kang teachesa receiver which, in operation, receives a downlink data signal and
`
`control information indicating a starting position ([0444, 445]) ([0151]: UE receive
`
`PDCCHcorresponding to a PDSCHand transmits PUCCH with ACK in a position
`
`indicated by PDCCH) (wherein the “position” indicated inherently includesstart,
`
`middle, and end positions, examiner takes official notice that the control channel
`
`conveying “starting” information is commonly knownin theprior art see also US-
`
`

`

`Application/Control Number: 16/871,926
`Art Unit: 2466
`
`Page 4
`
`20080311942 at [0172]; US-20120002631 at [0052]; US-20130195025 at [0042]; US-
`
`20120182914 atfig.1, [0122]).
`
`Thus, it would have been obvious to one of ordinary skill in the art to implement a
`
`starting position, taught by Kang, into the ACK/NACK and SR control signaling, taught
`
`by Lee, in order to implement a well-known feature of a pre-defined protocol and to
`
`indicate placement of the control signaling. In addition it would have been obvious to
`
`combine Kang and Lee in a known manner to obtain predictable results as the
`
`combination would not change the essence, quiddity, or functionality of the prior art
`
`references.
`
`Dependent Claims
`
`Claim 2, 3, 5, 7, 8, 10 is/are rejected under 35 U.S.C. 103 as being
`
`unpatentable over Lee (US-20130272258) in view of Kang (US-20130044722).
`
`Asto claim 2, 7: Lee teaches the communication apparatus according to Claim 1,
`
`6, wherein the control information is indicated via a Physical Downlink Control Channel
`
`(PDCCH) ([0151]: PDCCH).
`
`Asto claim 3, 8: Lee teaches the communication apparatus according to Claim 1,
`
`6, wherein the control information indicates the starting position of a transmission of the
`
`ACK/NACK signal ([0151]: indicate starting position for ACK/NACK transmission).
`
`

`

`Application/Control Number: 16/871,926
`Art Unit: 2466
`
`Page 5
`
`Asto claim 5, 10: Lee teaches the communication apparatus according to Claim
`
`1, 6, wherein the time resource is a subframe (fig-29, fig.32, [0441, 444, 445]:
`
`subframe).
`
`Claim 4, 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Lee (US-20130272258), Kang (US-20130044722) in view of Chen (US-
`
`20100195629).
`
`Asto claim 4, 9: Lee teaches the communication apparatus according to Claim 1,
`
`Lee may not explicitly teach wherein the ACK/NACK signal and the SR signal are
`
`transmitted in a Physical Uplink Shared Channel (PUSCH). However, Chen
`
`teaches wherein the ACK/NACK signal and the SR signal are transmitted in a Physical
`
`Uplink Shared Channel (PUSCH) ([0052]: protocol allows for ACK/ SR to be
`
`transmitted on PUSCH or PUCCHusing configuration 18).
`
`Thus, it would have been obvious to one of ordinary skill in the art to implement
`
`ACK/NACK or SR to be transmitted on the PUSCH, taught by Chen, into the LTE
`
`communication system, taught by Lee, in order to utilize a feature of a pre-existing and
`
`well-known protocol and to enable a UE to acknowledge reception of data or to
`
`schedule transmissions. In addition it would have been obvious to combine Chen and
`
`

`

`Application/Control Number: 16/871,926
`Art Unit: 2466
`
`Page 6
`
`Lee in a known manner to obtain predictable results as the combination would not
`
`change the essence, quiddity, or functionality of the prior art references.
`
`Conclusion
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to ANDREW CHUNG SUK OH whosetelephone number is
`
`(571)270-5273. The examiner can normally be reached on M-F 10a-6a.
`
`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:/Awww.uspto.gov/interviewpractice.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
`
`supervisor, Faruk Hamza can be reached on 5712727969. 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.
`
`For more information about the PAIR system, see https://ppair-
`
`my.uspto.gov/pair/PrivatePair. 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
`
`

`

`Application/Control Number: 16/871,926
`Art Unit: 2466
`
`Page 7
`
`to the automated information system, call 800-786-9199 (IN USA OR CANADA)or 571-
`
`272-1000.
`
`/ANDREW C OH/
`Primary Examiner, Art Unit 2466
`
`