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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
`
`16/973,546
`
`12/09/2020
`
`Yutaka MURAKAMI
`
`733456.608USPC
`
`1294
`
`Seed IP Law Group LLP/Panasonic (PIPCA)
`701 5th Avenue, Suite 5400
`Seattle, WA 98104
`
`SCHWARTZ, JOSHUA L
`
`ART UNIT
`
`2642
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`03/31/2022
`
`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*
`1-6 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`5a) Of the above claim(s) ___ is/are withdrawn from consideration.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) 1-2 and 4-6 is/are rejected.
`Claim(s) 3 is/are objectedto.
`£] Claim(s)
`are subjectto 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:/Awww.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)M The drawing(s) filed on 12/9/2020 is/are: a)¥) accepted or b)C) 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)[¥] Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`c)() None ofthe:
`b)( Some**
`a) All
`1.4) Certified copies of the priority documents have been received.
`2.1) Certified copies of the priority documents have beenreceived in Application No.
`3.1.) 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)
`
`Notice of References Cited (PTO-892)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`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 20220326
`
`Application No.
`Applicant(s)
`16/973,546
`MURAKAMI, Yutaka
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`JOSHUA L SCHWARTZ
`2642
`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 12/9/2020.
`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.
`
`

`

`Application/Control Number: 16/973,546
`Art Unit: 2642
`
`Page 2
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`DETAILED ACTION
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`1.
`
`2.
`
`3.
`
`Status of Application: Claims 1-6 are present for examination at this time.
`
`Claims 1-2 and 4-6 are rejected.
`
`Please refer to the attached PTO Form 892 and/or submitted IDSes to resolve
`
`any possible discrepanciesin the listed reference numbers.
`
`Notice of Pre-AlA or AIA Status
`
`The present application, filed on or after March 16, 2013, is being examined
`
`under the first inventor to file provisions of the AIA.
`
`Priority
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`4.
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`Applicant’s claim for foreign and/or domestic priority under 35 U.S.C. sections
`
`119 and/or 120 is acknowledged.
`
`Information Disclosure Statement
`
`5.
`
`The information disclosure statement(s) submitted on 12/9/2020 has/have been
`
`considered by the Examiner and madeof record in the application file.
`
`Allowable Subject Matter
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`6.
`
`Claim 3 is 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
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`claim and anyintervening claims. The specific midamble recitations in combination with
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`the independent claim were found to be outside the combinatory prior art.
`
`Claim Rejections - 35 USC § 103
`
`In the event the determination of the status of the application as subject to AIA 35
`
`U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any
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`correction of the statutory basis for the rejection will not be considered a new ground of
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`rejection if the prior art relied upon, and the rationale supporting the rejection, would be
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`the same under either status.
`
`The following is a quotation of 35 U.S.C. 103 which forms the basis forall
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`obviousness rejections set forth in this Office action:
`
`A patent for a claimed invention maynotbe obtained, notwithstanding thatthe claimed
`invention is not identicallydisclosed as set forth insection 102, if the differences between the
`claimed invention and the prior artare such thatthe claimed invention as a whole would have
`been obvious before the effective filing date of the claimed invention to a person having
`
`

`

`Application/Control Number: 16/973,546
`Art Unit: 2642
`
`Page 3
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`ordinaryskillinthe art to which the claimed invention pertains. Patentabilityshall notbe
`negated by the manner in whichthe invention was made.
`
`The text of those sections of Title 35, U.S. Code not included in this action can
`
`be found in a prior Office action.
`
`The factual inquiries for establishing a background for determining obviousness
`
`under 35 U.S.C. 103 are summarized as follows:
`
`1. Determining the scope and contents of the prior art.
`
`2. Ascertaining the differences between the prior art and the claims at issue.
`
`3. Resolving the level of ordinary skill in the pertinent art.
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`4. Considering objective evidence presentin the application indicating
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`obviousness or nonobviousness.
`
`7.
`
`Claims 1 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over
`
`“Information transmission method and user equipment” WO2017193350A1 assigned to
`
`Huawei (“Huawei”). Note: As the translation of the WO documentat
`
`patents.google.com lacks paragraph numbersorline numbers, Examiner has
`
`reproduced the relative sections mapped to the claims below.
`
`With regard to Claim 1, Huawei discloses a transmission apparatus that transmits a
`
`signal to a plurality of communication apparatuses, the transmission apparatus
`
`comprising:
`
`a signal processor, which in operation, generates a first signal addressed toa
`
`first communication apparatus whose relative speed to the transmission apparatus is
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`less than a predetermined threshold, and a second signal addressed to a second
`
`communication apparatus whose relative speed to the transmission apparatus is equal
`
`to or greater than the predetermined threshold (Huawei where one frequency band has
`
`a minimum speed and another band used for a different UE has amaximum speed “The
`
`ard Generation Parinershio Project (QGPP) is recommended to be based on the existing
`
`Device to Device (D2D} protocel when studying the Internet of Vehicles. However, the
`
`existing O2D protocol is based on the Long Term Evolution (LTE) uplink technology,
`
`and the mobile speed that can be supported at 2 GHz does not exceed 200 km/n.
`
`Mowever, car networking applications require a maximum movernent speed of up to 00
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`

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`Application/Control Number: 16/973,546
`Art Unit: 2642
`
`Page 4
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`km/h in the intelligent traffic spectrum around 5.9 GHz. The maximum Donpler soreact
`
`when the vehicle moves is proportional
`
`to the vehicie’s mobile rellability and the
`
`frequency value used in vehicle communication. Therefore, the existing D2D protocal
`
`cannot meet the requirements of higher moving speed, especially the higher moving
`
`speed at higher frequencies.” );
`
`and a radio transmitter, which in operation, transmits the first signal using a first
`
`frequency domain and the second signal using a second frequency domain inafirst
`
`period (Huawei where the UEs arein different parts of the frequency band “As anather
`
`example, ihe first resource sei and the second resource set are different. The first
`
`resource set and the secand resource sel may be adiacent or not adiacent in the
`
`frequency domain. As shown in Figure 3(c}, the first capital adiacent in the frequency
`
`domain The source set and the second resource sel, and FE. 3(d) shows thefirst
`
`resource set and the second resource sel that are not adiaceni in the frequency
`
`domain. Then, at this time, the first fransmission resource may be determined frarn the
`
`first resource sel, and the second transmission resource may be determined from the
`
`second resource set.” Also “As anciher example, the first resource set and the second
`
`resource set are diferent. Then, the first transmission resource may be determined from
`
`the first resource subsel of the firsiresaurce set, and the second transmission resource
`
`is determined from the second resource subset of the second resource set.
`
`Allernatively,
`
`the first transmission resource is determined fram the first resource set,
`
`and the second transmission resource is determined from the second resource subset
`
`of the second resource sel. Allernatively,
`
`the first transmission resource is determined
`
`from the first resource subsei of the first resource set, and the second transmission
`
`resource is determined from the second resource sat.”
`
`AHeasons to cross embodiments: As these variations are all in the same document if
`
`would have been obvious to one of ordinary SKIP (prior the carlest priority date in this
`
`apolication) in the art to mix ancl match variations as needed for a specific scenario. As
`
`Stated iri Huawei “The above is only a specific embodirnert of the present invention, but
`
`the scope af the present invention is riot limited thereto, and any person skilled in the art
`
`can easily ihink of changes or substitutions within the technical scope of ihe present
`
`invention, E should be covered by the scope of the present invention. Therefore, the
`
`

`

`Application/Control Number: 16/973,546
`Art Unit: 2642
`
`Page 5
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`scape of protection of the present invention should be delermined by the scope of the
`
`claims.”
`
`With regard to Claim 6 Huawei discloses a transmission method for a transmission
`
`apparatus that transmits a signal to a plurality of communication apparatuses, the
`
`transmission method comprising:
`
`generating a first signal to be transmitted to a first communication apparatus
`
`whose relative speed to the transmission apparatus is less than a predetermined
`
`threshold, and a secondsignal to be transmitted to a second communication apparatus
`
`whose relative speed to the transmission apparatus is equal to or greater than the
`
`predetermined threshold “The Sra Generation Parinershin Project (AGPP) is
`
`recommended to be based on ihe existing Device to Device (D2) protocol when
`
`studying the internet of Vehicles. However, the existing D2D profocal is basecl on the
`
`Long Term Evolution (LTE) uplink fechnology, and the mobile speed that can be
`
`supported at 2 GHz does not exceed 200 km/h. However, car networking applications
`
`require a maximum movement soeed of up fo 500 krn/h in the inteligent traffic spectrum
`
`around 5.9 GHz. The maximum Doppler spread when the vehicle moves is proportional
`
`to the vehicle's mobile rehability and the frequency value used in vehicle
`
`communication. Therefore, the existing D2D protocol cannot meet the requirements of
`
`higher moving speed, especially the higher moving speed al higher frequencies.” );;
`
`and transmitting the first signal usingafirst frequency domain and the second
`
`signal using a second frequency domain in a first period “As anther example, the first
`
`resource set and the second resource set are diferent. The first resource set and the
`
`second resource set may be aciacent or not aclacent in the frequency domain. As
`
`shawn in Figure Sic}, the first capital adjacent in the frequency domain The source set
`
`and the second resource set, and FlG. Sic} shows the first resource set and ihe second
`
`resource set thal are not adiacent in the frequency domain. Then, at this time, the first
`
`Lransmission resource may be determined from the first resource sel, and the second
`
`transmission resource may be determined fram the second resource set.” Also “As
`
`anather exampie, the first resource set anc the secand resource set are diferent. Then,
`
`the first transmission resource may be determined fram the first resource subset of the
`
`

`

`Application/Control Number: 16/973,546
`Art Unit: 2642
`
`Page 6
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`first resource sel, and the second transmission resource is determined from the second
`
`resaurce subset of the second resource set. Alernatively,
`
`the first transmission
`
`resource is determined tram the first resource set, and the second transmission
`
`resource is delermined fram the second resource subset of the second resource set.
`
`Alternatively,
`
`the first lransmission resource is determined frorn the first resource subset
`
`of the first resource set, and the second transmission resource is determined from the
`
`second resource set.”
`
`Heasons lo cross embodimenis: As these variations are all in the same document il
`
`would have been covicous to one of ordinary SK (prior the earliest priority date in this
`
`apokcation) in the artio mix and match variations as needed for a specific scenario. As
`
`stated in Huawei “The above is only a specific embaciment af the present invertion, but
`
`the scope of the present invention is not limited thereto, and any person skilled in the art
`
`can easily think of changes or substitutions within the technical scope of the present
`
`invention. — should be covered by the scope of the present invention. Therefore, the
`
`scape of protection of the present invention should be delermined by the scope of the
`
`claims.”
`
`8.
`
`Claims 2 and 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Huaweiin view of “Wireless Telecommunications” by Beale et al US10469197B2
`
`(“Beale”).
`
`With regard to Claim 2, while Huawei discloses the transmission apparatus according
`
`to claim 1, Huawei doesnot explicitly state that which is known in the art of
`
`telecommunications as taught by Beale. Belae discloses:
`
`wherein the first signal and the second signal include respective different pilot signals
`
`(Beale at 13:60-14:7 and 11:65-12:17 where there are many reference signals used for
`
`the multiple frequencies. Reference signal is synonymous with pilot signal.)
`
`regard to Claim 3 The transmission apparatus according to claim 1, wherein the radio
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`transmitter transmits a preamble signal or a midamble signal in a second period before
`
`the first period using the first frequency domain and the second frequency domain, the
`
`

`

`Application/Control Number: 16/973,546
`Art Unit: 2642
`
`Page 7
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`preamble signal or the midamble signal being commonto the first communication
`
`apparatus and the second communication apparatus.
`
`Reasons to Combine:
`
`Huawei and Beale are from similar fields of endeavor. They are both dealing with
`
`compensating for D2D communications in a window of an upper and lower threshold of
`
`speed. Reference signals are used to synchronize a wireless communication device to
`
`the channel it is on, to differentiate it from inter alia synchronizing to other channels.
`
`It
`
`would have been obvious to one of ordinary skill
`
`in the art (oror the earlest priority date
`
`in this application} to use this common technique to make sure that a device does not
`
`synchronize to the incorrect channel.
`
`With regard to Claim 4 while Huawei discloses the transmission apparatus according
`
`to claim 1, Huawei doesnot explicitly state that which is known in the art of
`
`telecommunications as taught by Beale. Belae discloses: wherein the transmission
`
`apparatus, the first communication apparatus, and the second communication
`
`apparatus are included respectively in mobile entities,
`
`Huawei does not explicitly state that which is known in the art of telecommunications as
`
`taught by Beale. Beale discloses: and a direction of movement of one of the mobile
`
`entities including the second communication apparatus is opposite to a direction of
`
`movementof one of the mobile entities including the transmission apparatus ( Beale
`
`6:24-43 and Abstract where Beale states that it is known how LTE systems canfail with
`
`opposite direction travel and how to solve that problem).
`
`Reasons to Combine:
`
`Huawei and Beale are from similar fields of endeavor. They are both dealing with
`
`compensating for D2D communications in a window of an upper and lowerthreshold of
`
`speed.
`
`In general vehicles travel in directions that are multiples of 90 degrees to each
`
`other which reflects a standard road layout. Most roads havebi-directional travel that is
`
`situated at 180 degrees to each other. Therefore it would have been obvious to one of
`
`ordinary skill
`
`in the art {orier the earhest priority date in this application} who would want
`
`to make Huawei work more effectively with the finite number of directional sets (same
`
`direction, opposite direction, or 90 degrees to the left or right) to combine Huawei with
`
`

`

`Application/Control Number: 16/973,546
`Art Unit: 2642
`
`the directional solutions of Beale.
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`Page 8
`
`With regard to Claim 5 while Huawei discloses the transmission apparatus according
`
`to claim 1, transmission apparatus according to claim 4, Huawei does not explicitly state
`
`that which is knownin the art of telecommunications as taught by Beale. Beale
`
`discloses: wherein the first signal and the second signal have respective different
`
`directivities (6:24-43 and Abstract where Beale states that itis known how LTE systems
`
`can fail with opposite direction travel and how to solve that problem).
`
`Reasons to Combine:
`
`Huawei and Beale are from similar fields of endeavor. They are both dealing with
`
`compensating for D2D communications in a window of an upper and lower threshold of
`
`speed.
`
`In general vehicles travel in directions that are multiples of 90 degrees to each
`
`other which reflects a standard road layout. Most roads havebi-directional travel that is
`
`situated at 180 degrees to each other. Therefore it would have been obvious to one of
`
`ordinary skill
`
`in the art {orier the earhest priority date in this application} who would want
`
`to make Huawei work more effectively with the finite number of directional sets (same
`
`direction, opposite direction, or 90 degrees to theleft or right) to combine Huawei with
`
`the directional solutions of Beale.
`
`Conclusion
`
`9.
`
`Anyinquiry concerning this communication or earlier communications from the examiner
`
`should be directed to JOSHUA SCHWARTZ whosetelephone number is (571)270-7494. The
`
`examiner can normally be reached on M-F 8:30-5.
`
`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 hits:
`Jaane us oto cov/intervieworactios.
`
`
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
`
`supervisor, Rafael Pérez-Gutiérrez can be reached on 571-272-7915. The fax phone
`
`

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`Application/Control Number: 16/973,546
`Art Unit: 2642
`
`Page 9
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`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
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`published applications may be obtained from either Private PAIR or Public PAIR.
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`Status information for unpublished applications is available through Private PAIR only.
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`
`JOSHUA L SCHWARTZ/
`Primary Examiner, Art Unit 2642
`
`