UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 2231371450
`www.uspto.gov
`
`16/090,464
`
`10/01/2018
`
`Joachim Loehr
`
`736456.471USPC
`
`1153
`
`Seed IP Law Group LLP/Panasome (PIPCA)
`701 5th Avenue, Suite 5400
`Seattle, WA 98104
`
`LEVITAN' DMITRY
`
`ART UNIT
`
`2461
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`03/06/2020
`
`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):
`US PTOeACtion @ SeedIP .Com
`
`pairlinkdktg @ seedip .eom
`
`PTOL-90A (Rev. 04/07)
`
`

`

`017/09 A0170” Summary
`
`Application No.
`16/090,464
`Examiner
`DMITRY LEVITAN
`
`Applicant(s)
`Loehr et al.
`Art Unit
`2461
`
`AIA (FITF) Status
`Yes
`
`- The MAILING DA TE of this communication appears on the cover sheet wit/7 the correspondence address -
`Period for Reply
`
`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).
`
`Status
`
`1). Responsive to communication(s) filed on 2/07/20.
`CI A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2a). This action is FINAL.
`
`2b) D This action is non-final.
`
`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.
`
`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 Expade Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`
`5)
`
`Claim(s)
`
`1—3,5—7 and 9—15 is/are pending in the application.
`
`5a) Of the above claim(s)
`
`is/are withdrawn from consideration.
`
`
`
`Claim(s) 9 and 14—15 is/are allowed.
`
`Claim(s) 16—7 and 10 is/are rejected.
`
`Claim(s) 2—3,5 and 11—13 is/are objected to.
`
`) ) ) )
`
`)
`are subject to restriction and/or election requirement
`[j Claim(s
`* If any claims have been determined aflowable. you may be eligible to benefit from the Patent Prosecution Highway program at a
`
`participating intellectual property office for the corresponding application. For more information, please see
`
`httpfiwww.”smogovmatentszinit_events[pph[index.'sp or send an inquiry to PPeredhack@g§ptg.ggv.
`
`Application Papers
`
`10)D The specification is objected to by the Examiner.
`
`is/are: a)C] accepted or b)D objected to by the Examiner.
`11)[:] The drawing(s) filed on
`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:
`
`a)i:I All
`
`b)D Some**
`
`c)D None of the:
`
`11:] Certified copies of the priority documents have been received.
`
`2C] Certified copies of the priority documents have been received in Application No.
`
`30 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)).
`
`** See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1) [3 Notice of References Cited (PTO-892)
`
`2) C] Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date_
`U.S. Patent and Trademark Office
`
`3) E] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) CI Other-
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20200302
`
`

`

`Application/Control Number: 16/090,464
`Art Unit: 2461
`
`Page 2
`
`Notice ofPre-AIA 0r 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.
`
`2.
`
`Amendment, filed 2/07/20, has been entered. Claims 1—3, 5—7 and 9—15 remain pending.
`
`Claim Rejections - 35 US C § 112
`
`3.
`
`Claim 7 is rejected under 35 USC. 112(b) or 35 USC. 112 (pre—AIA), second
`
`paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject
`
`matter which the inventor or a joint inventor, or for pre—AIA the applicant regards as the
`
`invention.
`
`Claim 7 limitations, directed to the second timer “not to start upon transmitting a positive
`
`acknowledgement” are unclear, because the limitations are incomplete, as the essential step or
`
`element of the apparatus, directed to the DRX—Retransmission timer operation in the system, as
`
`described on [0186], is omitted from the claim limitations.
`
`

`

`Application/Control Number: 16/090,464
`Art Unit: 2461
`
`Page 3
`
`Claim Rejections - 35 US C § 102
`
`4.
`
`Claims 1, 6 and 10 are rejected under 35 U.S.C. 102 (a) (l) as being anticipated by 3GPP
`
`document (R2—l6l689, 3GPP, Ericsson, February, 2016, pages 1—10).
`
`5.
`
`Regarding claims 1 and 10 the 3GPP document teaches an apparatus and a method for
`
`transmitting data over a physical uplink shared channel in a wireless communication system in
`
`the wireless system by using an asynchronous hybrid automatic repeat request, HARQ (UE
`
`transmitting data over PUSCH Asynchronous HARQ, as described on page 1, Introduction, and
`
`page 2, section 2.1), the apparatus comprising:
`
`a first timer configured to start upon uplink data transmission and expire after a first
`
`predetermined time (RTT timer, starting on the last uplink transmission and inherently
`
`comprising the expiration/first time, because an expiration time is essential for any timer
`
`operation, as described on page 5, section 2.1.3);
`
`a second timer configured to start upon expiry of the first timer and to expire after a second
`
`predetermined time (Retransmission timer, starting when the RTT timer expires, and inherently
`
`comprising the second expiration time, as described on page 5, section 2.1.3);
`
`a receiver for receiving downlink control information including a positive acknowledgement for
`
`the uplink data transmission or retransmission, E a resource assignment accompanied by a field
`
`for distinguishing between a new transmission and a retransmission, the receiver
`
`being configured to perform the receiving only when the first timer is expired and the
`
`second timer is running (receiving by the inherent receiver, as a receiver is essential for
`
`receiving, a valid retransmission grant while the retransmission timer is running, as described on
`
`page 5, section 2.1.3, or uplink grant with NDI indicating that the UE should perform new
`
`

`

`Application/Control Number: 16/090,464
`Art Unit: 2461
`
`Page 4
`
`transmission, inherently comprising a positive ACK, because positive ACK is essential for
`
`requesting a new transmission, as described on page 2, section 2.1),
`
`wherein the second timer is further configured to stop upon receiving the positive
`
`acknowledgement (the retransmission timer is stopped by the new transmission, as described
`
`above).
`
`6.
`
`Regarding claim 6, the 3GPP document teaches using RRC connections for
`
`Discontinuous Reception (DRX) operation, which are disconnected by an inherent base station
`
`controller, which is essential for implementing the DRX operation, and directing the UE into the
`
`idle/inactive mode, which uses only broadcasting, as described on 5.7 DRX, page 7/2.
`
`Allowable Subject Matter
`
`Claims 9, l4 and 15 are allowed.
`
`Claims 2, 3, 5 and 11—13 are objected to as being dependent upon a rejected base claim,
`
`7.
`
`8.
`
`but would be allowable if rewritten in independent form including all of the limitations of the
`
`base claim and any intervening claims.
`
`

`

`Application/Control Number: 16/090,464
`Art Unit: 2461
`
`Page 5
`
`9.
`
`Applicant's arguments filed 2/7/20 have been fully considered but they are not
`
`Response to Arguments
`
`persuasive.
`
`On page ll of the Response, Applicant argues that the amended claim 1 comprises claim 4
`
`limitations and therefore is allowable.
`
`Examiner respectfully disagrees.
`
`The amendment incorporated claim 4 limitations into claim 1 as an alternative, using “or”, and
`
`did not limit the claim 1 limitations with the limitations of the previous claim 4, which are
`
`directed to “a field for distinguishing. . .”.
`
`Therefore, the rejection of the claims 1 and 10 of the previous Office action is still valid, as the
`
`amended claims 1 and 10 limitations are broader than the original claims limitations.
`
`Conclusion
`
`10.
`
`Applicant's amendment necessitated the new ground(s) of rejection presented in 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 l.l36(a).
`
`A shortened statutory period for reply to this final action is set to expire THREE
`
`MONTHS from the mailing date of this action. In the event a first reply is filed within TWO
`
`

`

`Application/Control Number: 16/090,464
`Art Unit: 2461
`
`Page 6
`
`MONTHS of the mailing date of this final action and the advisory action is not mailed until after
`
`the end of the THREE—MONTH shortened statutory period, then the shortened statutory period
`
`will expire on the date the advisory action is mailed, and any extension fee pursuant to 37
`
`CFR l.l36(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 DMITRY LEVITAN whose telephone number is (571)272—3093. The
`
`examiner can normally be reached on 8:30—4:30.
`
`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://www.uspto.gov/interviewpractice.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, Huy Vu can be reached on 5712723155. 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 http://pair—direct.uspto.gov. Should you have questions on access to the Private PAIR
`
`system, contact the Electronic Business Center (EBC) at 866—217—9197 (toll—free). If you would
`
`

`

`Application/Control Number: 16/090,464
`Art Unit: 2461
`
`Page 7
`
`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.
`
`DMITRY LEVITAN
`
`Primary Examiner
`Art Unit 2461
`
`/DMITRY LEVITAN/
`
`Primary Examiner, Art Unit 2461
`
`