UNITED STATES PATENT AND TRADEMARK OFFICE
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`
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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 2231371450
`www.uspto.gov
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`16/090,464
`
`10/01/2018
`
`Joachim Loehr
`
`736456.471USPC
`
`1153
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`Seed IP Law Group LLP/Panasome (PIPCA)
`701 5th Avenue, Suite 5400
`Seattle, WA 98104
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`LEVITAN' DMITRY
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`ART UNIT
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`2461
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`PAPER NUMBER
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`NOTIFICATION DATE
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`DELIVERY MODE
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`11/08/2019
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`ELECTRONIC
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
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`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
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`following e—mail address(es):
`US PTOeACtion @ SeedIP .Com
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`pairlinkdktg @ seedip .eom
`
`PTOL-90A (Rev. 04/07)
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`

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`0/7709 A0170” Summary
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`Application No.
`16/090,464
`Examiner
`DMITRY LEVITAN
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`Applicant(s)
`Loehr et al.
`Art Unit
`2461
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`AIA (FITF) Status
`Yes
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`- The MAILING DA TE of this communication appears on the cover sheet wit/7 the correspondence address -
`Period for Reply
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`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a). In no event, however, may a reply be timely filed after SIX (6) MONTHS from the mailing
`date of this communication.
`|f NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from 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, even if timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
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`Status
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`1). Responsive to communication(s) filed on 10/01/18.
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2a)D This action is FINAL.
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`2b)
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`This action is non-final.
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`3)[:] An election was made by the applicant in response to a restriction requirement set forth during the interview on
`; the restriction requirement and election have been incorporated into this action.
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`4)[:] 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 Expat/7e Quay/e, 1935 CD. 11, 453 O.G. 213.
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`Disposition of Claims*
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`5)
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`Claim(s) fl is/are pending in the application.
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`5a) Of the above claim(s)
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`is/are withdrawn from consideration.
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`E] Claim(s) _ is/are allowed.
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`Claim(s) 1,3—10 and 12—15 is/are rejected.
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`Claim(s) 2 and 11 is/are objected to.
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`) ) ) )
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`6 7
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`8
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`
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`are subject to restriction and/or election requirement
`[:1 Claim(s)
`9
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
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`participating intellectual property office for the corresponding application. For more information, please see
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`http://www.uspto.gov/patents/init events/pph/index.'sp or send an inquiry to PPeredback@uspto.gov.
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`Application Papers
`10):] The specification is objected to by the Examiner.
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`11). The drawing(s) filed on 10/01/18 is/are: a). accepted or b)[:] objected to by the Examiner.
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`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). Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
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`a). All
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`b)|:] Some**
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`c)C] None of the:
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`1.. Certified copies of the priority documents have been received.
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`21:] Certified copies of the priority documents have been received in Application No.
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`3D Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
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`** See the attached detailed Office action for a list of the certified copies not received.
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`Attachment(s)
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`1)
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`Notice of References Cited (PTO-892)
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`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date_
`U.S. Patent and Trademark Office
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`3) C] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) CI Other-
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`PTOL-326 (Rev. 11-13)
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`Office Action Summary
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`Part of Paper No./Mai| Date 20191104
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`

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`Application/Control Number: 16/090,464
`Art Unit: 2461
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`Page 2
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`Notice ofPre-AIA 0r AIA Status
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`1.
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`The present application, filed on or after March 16, 2013, is being examined under the
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`first inventor to file provisions of the AIA.
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`2.
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`Preliminary amendment, filed 10/01/18, has been entered. Claims 1—15 remain pending.
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`Claim Rejections - 35 US C § 112
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`3.
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`Claims 3—9 and 12—15 are rejected under 35 USC. 112(b) or 35 USC. 112 (pre—AIA),
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`second paragraph, as being indefinite for failing to particularly point out and distinctly claim the
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`subject matter which the inventor or a joint inventor, or for pre—AIA the applicant regards as the
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`invention.
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`Claims 3 and 12 recite the limitation "the HARQ transmission buffer" in line 3. There is
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`insufficient antecedent basis for this limitation in the claim. In addition, regarding claim 3, it is
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`unclear, if the buffer belongs to the apparatus or another element in communication with the
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`apparatus.
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`Claim 4 recites the limitation "the resource assignment" in line 3. There is insufficient
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`antecedent basis for this limitation in the claim.
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`Claims 5 and 13 limitations, directed to “buffer flushing command”, are unclear, because
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`all essential functions, associated with the buffer, storing receive or transmit data or commands,
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`are omitted from the claims.
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`Claim 6 recites the limitation "the communication networ " in line 4. There is
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`insufficient antecedent basis for this limitation in the claim. In addition, the parent claim 1
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`comprises no limitations, directed to a connection, which can be released.
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`

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`Application/Control Number: 16/090,464
`Art Unit: 2461
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`Page 3
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`Claims 7 and 14 limitations, directed to “fourth timer” and “fifth timer” are unclear, as
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`incomplete, because all limitations, directed to first, second and third timers, are omitted from
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`the claims.
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`Claim 7 limitations, directed to fifth timer “not to start upon transmitting a positive
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`acknowledgement” are unclear, because the timer already started on the expiration of the forth
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`timer and the limitations contradict the disclosure, as shown on Fig. 10B and 10C.
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`Claim 8 limitations are unclear, because they directly contradict the limitations of the
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`parent claim 7, particularly ignoring the fifth timer not to start upon transmitting a positive
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`acknowledgement.
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`Claims 9 and 15 are directed to the base station apparatus, as receiving data over uplink,
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`are unclear in light of the disclosure, as the claimed timers are operating in the UE not the base
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`station, as described on [0113] and [0114].
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`Claim 12 recites the limitation "the communication networ " in line 6. There is
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`insufficient antecedent basis for this limitation in the claim. In addition, the parent claim 10
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`comprises no limitations, directed to a connection, which can be released.
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`

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`Application/Control Number: 16/090,464
`Art Unit: 2461
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`Page 4
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`Claim Rejections - 35 US C § 102
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`4.
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`Claims 1 and 10 are rejected under 35 USC. 102 (a) (1) as being anticipated by 3GPP
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`document (R2—161689, 3GPP, Ericsson, February, 2016, pages 1—10).
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`5.
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`Regarding claims 1 and 10 the 3GPP document teaches an apparatus and a method for
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`transmitting data over a physical uplink shared channel in a wireless communication system in
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`the wireless system by using an asynchronous hybrid automatic repeat request, HARQ (UE
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`transmitting data over PUSCH Asynchronous HARQ, as described on page 1, Introduction, and
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`page 2, section 2.1), the apparatus comprising:
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`a first timer configured to start upon uplink data transmission and expire after a first
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`predetermined time (RTT timer, starting on the last uplink transmission and inherently
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`comprising the expiration/first time, because an expiration time is essential for any timer
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`operation, as described on page 5, section 2.1.3);
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`a second timer configured to start upon expiry of the first timer and to expire after a second
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`predetermined time (Retransmission timer, starting when the RTT timer expires, and inherently
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`comprising the second expiration time, as described on page 5, section 2.1.3);
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`a receiver for receiving downlink control information including a positive acknowledgement for
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`uplink new data transmission or retransmission, the receiver being configured to perform the
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`receiving only when the first timer is expired and the second timer is running (receiving by the
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`inherent receiver, as a receiver is essential for receiving, a valid retransmission grant while the
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`retransmission timer is running, as described on page 5, section 2.1.3, or uplink grant with NDI
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`indicating that the UE should perform new transmission, inherently comprising a positive ACK,
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`because positive ACK is essential for requesting a new transmission, as described on page 2,
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`section 2.1),
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`

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`Application/Control Number: 16/090,464
`Art Unit: 2461
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`Page 5
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`wherein the second timer is further configured to stop upon receiving the positive
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`acknowledgement (the retransmission timer is stopped by the new transmission, as described
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`above).
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`Allowable Subject Matter
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`6.
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`Claims 2 and 11 are objected to as being dependent upon a rejected base claim, but would
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`be allowable if rewritten in independent form including all of the limitations of the base claim
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`and any intervening claims.
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`Conclusion
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`7.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to DMITRY LEVITAN whose telephone number is (571)272—3093.
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`The examiner can normally be reached on 8:30—4:30.
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`Examiner interviews are available via telephone, in—person, and video conferencing using
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`a USPTO supplied web—based collaboration tool. To schedule an interview, applicant is
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`encouraged to use the USPTO Automated Interview Request (AIR) at
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`http://www.uspto.gov/interviewpractice.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Huy Vu can be reached on 5712723155. The fax phone number for the organization
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`where this application or proceeding is assigned is 571—273—8300.
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`

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`Application/Control Number: 16/090,464
`Art Unit: 2461
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`Page 6
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`
`DMITRY LEVITAN
`
`Primary Examiner
`Art Unit 2461
`
`/DMITRY LEVITAN/
`
`Primary Examiner, Art Unit 2461
`
`