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
`
`1V7/177,555
`
`02/17/2021
`
`Christian Wengerter
`
`736156.402C6
`
`2758
`
`Seed IP Law Group LLP/Panasonic (PIPCA)
`701 5th Avenue, Suite 5400
`Seattle, WA 98104
`
`PHAM,TITO Q
`
`PAPER NUMBER
`
`ART UNIT
`
`2466
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`06/24/2022
`
`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)
`
`

`

`Office Action Summary
`
`Application No.
`17/177,555
`Examiner
`TITO Q PHAM
`
`Applicant(s)
`Wengerter, Christian
`Art Unit
`AIA (FITF) Status
`2466
`No
`
`-- 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 3/11/2021.
`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*
`1-12 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) 1-12 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) The drawing(s) filed on 3/11/2021 is/are: a)(¥) 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) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`_—_c)L) None ofthe:
`b)L) Some**
`a)¥) All
`1.4) Certified copies of the priority documents have been received.
`2.2) Certified copies of the priority documents have been received in Application No.
`3.2.) 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)
`
`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 20220615
`
`

`

`Application/Control Number: 17/177,555
`Art Unit: 2466
`
`Page 2
`
`;DETAILED ACTION
`
`Notice of Pre-AlA or AIA Status
`
`1.
`
`The present application is being examined under the pre-AlA first to invent
`
`provisions.
`
`Information Disclosure Statement
`
`2.
`
`The information disclosure statement (IDS) submitted on 2/17/2021 wasfiled.
`
`The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the
`
`information disclosure statement is being considered by the examiner.
`
`Double Patenting
`
`1.
`
`The nonstatutory double patenting rejection is based on a judicially created
`
`doctrine groundedin public policy (a policy reflected in the statute) so as to prevent the
`
`unjustified or improper timewise extension of the “right to exclude” granted by a patent
`
`and to prevent possible harassment by multiple assignees. A nonstatutory double
`
`patenting rejection is appropriate where the conflicting claims are not identical, but at
`
`least one examined application claim is not patentably distinct from the reference
`
`claim(s) because the examined application claim is either anticipated by, or would have
`
`been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46
`
`USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed.
`
`Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum,
`
`686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619
`
`(CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
`
`A timelyfiled terminal disclaimer in compliance with 37 CFR 1.321 (c) or 1.321 (d)
`
`may be used to overcome an actual or provisional rejection based on nonstatutory
`
`

`

`Application/Control Number: 17/177,555
`Art Unit: 2466
`
`Page 3
`
`double patenting provided the reference application or patent either is shown to be
`
`commonly owned with the examined application, or claims an invention made as a
`
`result of activities undertaken within the scope of a joint research agreement. See
`
`MPEP § 717.02 for applications subject to examination under the first inventor to file
`
`provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(I)(1) -
`
`706.02(I)(3) for applications not subject to examination under the first inventor to file
`
`provisions of the AIA. A terminal disclaimer must be signed in compliance with 37 CFR
`
`1.321(b).
`
`The USPTOInternet website contains terminal disclaimer forms which may be
`
`used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application
`
`in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26,
`
`PTO/AIA/25, or PTO/AIA/26) should be used. A web-based eTerminal Disclaimer may
`
`befilled out completely online using web-screens. An eTerminal Disclaimer that meets
`
`all requirements is auto-processed and approved immediately upon submission. For
`
`more information about eTerminal Disclaimers, refer to
`
`RANAAS Tien eyes
`WAAAY EPSOy
`
`2.
`
`Claims 1-12 are rejected on the ground of nonstatutory double patenting as being
`
`unpatentable over claims 1-13 of U.S. Patent No. 9,264,207. Although the claims at
`
`issue are not identical, they are not patentably distinct from each other because the
`
`instant application is a broader variant of U.S. Patent No. 9,264,207.
`
`US Pat. No. 9,264,207
`
`Instant Application
`
`

`

`Application/Control Number: 17/177,555
`Art Unit: 2466
`
`
`Page 4
`
`A method for use in a mobile station
`
`A communication apparatus comprising:
`
`communicable with a base station that
`
`provides a dynamic scheduling mode and
`
`a receiver, which, in operation, receives,
`
`a persistent scheduling mode, the method
`
`from a basestation, a control channel
`
`comprising:
`
`signal that includes a HARQ (Hybrid
`
`receiving from the base station a control
`
`Automatic Repeat request) processfield
`
`channel signal that includes at least an
`
`and other control information format
`
`RV (redundancyversion) field and a
`
`fields; and
`
`HARQ(Hybrid Automatic Repeat
`
`circuitry, which, in operation, supports a
`
`Request) processfield, and
`
`dynamic scheduling mode or a persistent
`
`in case a value in the RV field and a
`
`scheduling mode in communicating with
`
`value in the HARQ processfield in the
`
`the basestation,
`
`received control channel signal at least
`
`wherein,
`
`partially constitute a
`
`responsive to a value in the HARQ
`
`predetermined combination, selecting the
`
`processfield and a value in another
`
`persistent scheduling modeto
`
`control information formatfield in the
`
`communicate with the base station,
`
`received control channel signal at least
`
`wherein the value in the RV field and the
`
`partially constituting a predetermined
`
`value in the HARQ processfield are
`
`combination of values, the circuitry
`
`predetermined values and the
`
`supports the persistent scheduling mode
`
`predetermined combination is used to
`
`in communicating with the basestation,
`
`indicate a code point for selecting the
`
`and
`
`persistent scheduling mode, and
`
`

`

`Page 5
`Application/Control Number: 17/177,555
`Art Unit: 2466
`
`wherein the code point is used to indicate|interpretation of at least one control
`
`to the mobile station a control channel
`
`information format field, which is other
`
`format, which defines contents and
`
`than the HARQfield and the another
`
`interpretation of fields in the control
`
`control information formatfield, 1s
`
`channel signal.
`
`different between the dynamic scheduling
`
`mode and the persistent scheduling
`
`mode, wherein the interpretation is based
`
`on the predetermined combination of
`
`values.
`
`
`Claims 2 and 8 are rejected by claims 2 of U.S. Patent No. 9,264,207.
`
`Claims 3 and 9 are rejected by claims 3 of U.S. Patent No. 9,264,207.
`
`Claims 4 and 10 are rejected by claims 4 of U.S. Patent No. 9,264,207.
`
`Claims 5 and 11 are rejected by claims 5 of U.S. Patent No. 9,264,207.
`
`Claims 6 and 12 are rejected by claims 1 of U.S. Patent No. 9,264,207.
`
`3.
`
`Claims 1-12 are rejected on the ground of nonstatutory double patenting as being
`
`unpatentable over claims 1-20 of U.S. Patent No. 9,485,782. Although the claims at
`
`issue are not identical, they are not patentably distinct from each other because the
`
`instant application is a broader variant of U.S. Patent No. 9,485,782.
`
`US Pat. No. 9,485,782
`
`Instant Application Claims 1 and 6
`
`Claims 1 and 7
`
`

`

`Application/Control Number: 17/177,555
`Art Unit: 2466
`
`
`Page 6
`
`A mobile station comprising one or more
`
`A communication apparatus comprising:
`
`processing devices configured to perform:
`
`receiving, from a basestation that
`
`a receiver, which, in operation, receives,
`
`provides a dynamic scheduling mode and
`
`from a basestation, a control channel
`
`a persistent scheduling mode, a control
`
`signal that includes a HARQ (Hybrid
`
`channel signal that includes at least an
`
`Automatic Repeat request) processfield
`
`RV (redundancyversion) field anda
`
`and other control information format
`
`HARQ (Hybrid Automatic Repeat request)
`
`fields; and
`
`
`
`processfield, and whenavalue in the RV circuitry, which, in operation, supports a
`
`field and a value in the HARQ process
`
`dynamic scheduling mode or a persistent
`
`field in the received control channel signal
`
`scheduling mode in communicating with
`
`at least partially constitute a
`
`the basestation,
`
`predetermined combination of values,
`
`wherein,
`
`selecting the persistent scheduling mode
`
`responsive to a value in the HARQ
`
`to communicate with the base station,
`
`processfield and a value in another
`
`wherein interpretation of at least one of
`
`control information formatfield in the
`
`control information formatfields in the
`
`received control channel signal at least
`
`control channel signal varies between the
`
`partially constituting a predetermined
`
`dynamic scheduling mode and the
`
`combination of values, the circuitry
`
`persistent scheduling mode, and the
`
`supports the persistent scheduling mode
`
`predetermined combination of values is
`
`in communicating with the basestation,
`
`used to indicate to the mobile station how
`
`and
`
`

`

`Application/Control Number: 17/177,555
`Art Unit: 2466
`
`
`Page 7
`
`to interpret the at least one of control
`
`interpretation of at least one control
`
`information formatfields.
`
`information format field, which is other
`
`than the HARQfield and the another
`
`control information formatfield, 1s
`
`different between the dynamic scheduling
`
`mode and the persistent scheduling
`
`mode, wherein the interpretation is based
`
`on the predetermined combination of
`
`values.
`
`
`Claims 2 and 8 are rejected by claims 7 of U.S. Patent No. 9,485,782.
`
`Claims 3 and 9 are rejected by claims 8 of U.S. Patent No. 9,485,782.
`
`Claims 4 and 10 are rejected by claims 9 of U.S. Patent No. 9,485,782.
`
`Claims 5 and 11 are rejected by claims 10 of U.S. Patent No. 9,485,782.
`
`Claims 6 and 12 are rejected by claims 1 of U.S. Patent No. 9,485,782.
`
`4.
`
`Claims 1-12 are rejected on the ground of nonstatutory double patenting as being
`
`unpatentable over claims 1-13 of U.S. Patent No. 9,807,788. Although the claims at
`
`issue are not identical, they are not patentably distinct from each other because the
`
`instant application is a broader variant of U.S. Patent No. 9,807,788.
`
`US Pat. No. 9,807,788
`
`Instant Application
`
`

`

`Application/Control Number: 17/177,555
`Art Unit: 2466
`
`
`Page 8
`
`Anintegrated circuit configured to control
`
`A communication apparatus comprising:
`
`operation of a mobile station, the
`
`integrated circuit comprising one or more
`
`a receiver, which, in operation, receives,
`
`physical computing resources which, in
`
`from a basestation, a control channel
`
`operation, cause the mobile station to:
`
`signal that includes a HARQ (Hybrid
`
`receive, from a base station that provides
`
`Automatic Repeat request) processfield
`
`a dynamic scheduling mode and a
`
`and other control information format
`
`persistent scheduling mode, a control
`
`fields; and
`
`channel signal that includes at least a
`
`circuitry, which, in operation, supports a
`
`HARQ (Hybrid Automatic Repeat request)
`
`dynamic scheduling mode or a persistent
`
`processfield and other control
`
`scheduling mode in communicating with
`
`information formatfields,
`
`the basestation,
`
`wherein,
`
`select the persistent scheduling mode to
`
`responsive to a value in the HARQ
`
`communicate with the base station, when
`
`processfield and a value in another
`
`a value in the HARQprocessfield and a
`
`control information formatfield in the
`
`value in another control information
`
`received control channel signal at least
`
`formatfield in the received control
`
`partially constituting a predetermined
`
`channel signal at least partially constitute
`
`combination of values, the circuitry
`
`a predetermined combination of values,
`
`supports the persistent scheduling mode
`
`and
`
`in communicating with the basestation,
`
`interpret at least one of control
`
`and
`
`information format fields other than the
`
`

`

`Page 9
`Application/Control Number: 17/177,555
`Art Unit: 2466
`
`HARQfield and the anothercontrol
`
`interpretation of at least one control
`
`information formatfield for selecting the
`
`information formatfield, which is other
`
`persistent scheduling mode in the control|than the HARQfield and the another
`
`channel signal differently between the
`
`control information formatfield, 1s
`
`dynamic scheduling mode and the
`
`different between the dynamic scheduling
`
`persistent scheduling mode, based on the|mode andthe persistent scheduling
`
`predetermined combination of values that|mode, wherein the interpretation is based
`
`indicates how to interpret the at least
`
`on the predetermined combination of
`
`values.
`one of control information format fields
`
`
`Claims 2 and 8 are rejected by claims 2 of U.S. Patent No. 9,807,788.
`
`Claims 3 and 9 are rejected by claims 3 of U.S. Patent No. 9,807,788.
`
`Claims 4 and 10 are rejected by claims 4 of U.S. Patent No. 9,807,788.
`
`Claims 5 and 11 are rejected by claims 5 of U.S. Patent No. 9,807,788.
`
`Claims 6 and 12 are rejected by claims 6 of U.S. Patent No. 9,807,788.
`
`1.
`
`Claims 1-12 are rejected on the ground of nonstatutory double patenting as being
`
`unpatentable over claims 1-12 of U.S. Patent No. 10,278,205. Although the claims at
`
`issue are not identical, they are not patentably distinct from each other because the
`
`instant application is a broader variant of U.S. Patent No. 10,278,205.
`
`US Pat. No. 10,278,205
`
`Instant Application
`
`Claims 1 and 7 A user equipment (UE), comprising:
`
`Claim 1
`
`A communication apparatus comprising:
`
`

`

`Application/Control Number: 17/177,555
`Art Unit: 2466
`
`
`Page 10
`
`reception circuitry which, in operation,
`
`receives, from a basestation that
`
`a receiver, which, in operation, receives,
`
`provides a dynamic scheduling mode and
`
`from a base station, a control channel
`
`a persistent scheduling mode, a control
`
`signal that includes a HARQ (Hybrid
`
`channel signal that includes at least a
`
`Automatic Repeat request) processfield
`
`HARQ (Hybrid Automatic Repeat request)
`
`and other control information format
`
`processfield; and
`
`fields; and
`
`control circuitry coupled to the reception
`
`circuitry, which, in operation, supports a
`
`circuitry and which, in operation, select
`
`dynamic scheduling mode or a persistent
`
`the persistent scheduling mode to
`
`scheduling mode in communicating with
`
`communicate with the base station, when
`
`the basestation,
`
`a value in the HARQprocessfield and a
`
`wherein,
`
`value in another predeterminedfield
`
`responsive to a value in the HARQ
`
`in the received control channel signal at
`
`processfield and a value in another
`
`least partially constitute a predetermined
`
`control information formatfield in the
`
`combination of values, and
`
`received control channel signal at least
`
`interpret at least one of control
`
`partially constituting a predetermined
`
`information formatfields other than the
`
`combination of values, the circuitry
`
`fields used for selecting the persistent
`
`supports the persistent scheduling mode
`
`scheduling mode in the control channel
`
`in communicating with the basestation,
`
`signal differently between the dynamic
`
`and
`
`scheduling mode and the persistent
`
`interpretation of at least one control
`
`information format field, which is other
`
`

`

`Page 11
`Application/Control Number: 17/177,555
`Art Unit: 2466
`
`scheduling mode, based on
`
`than the HARQfield and the another
`
`the predetermined combination of values.|control information formatfield, 1s
`
`different between the dynamic scheduling
`
`mode and the persistent scheduling
`
`mode, wherein the interpretation is based
`
`on the predetermined combination of
`
`values.
`
`
`Claims 2 and 8 are rejected by claims 2 of U.S. Patent No. 10,278,205.
`
`Claims 3 and 9 are rejected by claims 3 of U.S. Patent No. 10,278,205.
`
`Claims 4 and 10 are rejected by claims 4 of U.S. Patent No. 10,278,205.
`
`Claims 5 and 11 are rejected by claims 5 of U.S. Patent No. 10,278,205.
`
`Claims 6 and 12 are rejected by claims 6 of U.S. Patent No. 10,278,205.
`
`5.
`
`Claims 1-12 are rejected on the ground of nonstatutory double patenting as being
`
`unpatentable over claims 1-12 of U.S. Patent No. 10,499,417 in view of Yin (US Pub.
`
`No. 201 1/0188432).
`
`from a basestation, a control channel
`
`Claim 1
`
`Claims 1 and 7
`
`A communication apparatus comprising:|A communication apparatus comprising:
`
`a transmitter, which, in operation,
`
`transmits, to a mobile station, a control
`
`a receiver, which, in operation, receives,
`
`channel signal that includes a HARQ
`
`

`

`Application/Control Number: 17/177,555
`Page 12
`Art Unit: 2466
`
`
`(Hybrid Automatic Repeat request)
`
`signal that includes a HARQ (Hybrid
`
`processfield and other
`
`Automatic Repeat request) processfield
`
`control information formatfields; and
`
`and other control information format
`
`circuitry, which is coupled to the
`
`fields; and
`
`transmitter and which, in operation,
`
`circuitry, which, in operation, supports a
`
`operates to support a dynamic scheduling
`
`dynamic scheduling mode or a persistent
`
`mode or a persistent scheduling mode in
`
`scheduling mode in communicating with
`
`communicating with the mobile station,
`
`the basestation,
`
`wherein,
`
`wherein,
`
`the circuitry operates to support the
`
`responsive to a value in the HARQ
`
`persistent scheduling modeto
`
`processfield and a value in another
`
`communicate with the mobile station,
`
`control information formatfield in the
`
`whena value in the HARQ processfield
`
`received control channel signal at least
`
`and a value in another control information
`
`partially constituting a predetermined
`
`formatfield in the transmitted control
`
`combination of values, the circuitry
`
`channel signal at least partially constitute
`
`supports the persistent scheduling mode
`
`a predetermined combination of values,
`
`in communicating with the basestation,
`
`and
`
`and
`
`interpretation of at least one control
`
`interpretation of at least one control
`
`information formatfield other than the
`
`information format field, which is other
`
`HARQfield and the another control
`
`than the HARQfield and the another
`
`information formatfield is different
`
`control information formatfield, 1s
`
`between the dynamic scheduling mode
`
`different between the dynamic scheduling
`
`

`

`Page 13
`Application/Control Number: 17/177,555
`Art Unit: 2466
`
`and the persistent scheduling mode, and|mode andthe persistent scheduling
`
`in the persistent scheduling mode
`
`mode, wherein the interpretation is based
`
`the predetermined combination of values|on the predetermined combination of
`
`indicates howto interpret said at least
`
`values.
`
`one control information formatfield.
`
`
`U.S. Patent No. 10,499,417 further discloses the control signal is transmitted
`
`from a base station to a mobile station (claim 1: a base station transmits control channel
`
`to a mobile station)
`
`U.S. Patent No. U.S. Patent No. 10,499,417 does not teach the apparatus
`
`circuitry in a mobile station.
`
`However, in the same field of endeavor, Yin discloses a base station supporting
`
`a dynamic scheduling mode (figure 6A-H; paragraphs 42-44: no duration field, no static
`
`allocation/dynamic allocation) and persistent scheduling mode (figure 5; paragraphs 40-
`
`41) transmitting to wireless stations a control signal including HARQ field (paragraphs
`
`42-43) and other fields (figures 5 and 6; paragraphs 40-44) for either dynamic or
`
`persistent scheduling (paragraph 41).
`
`Therefore, it would have been obvious to one with ordinary skill in the art to
`
`implement a mobile station performing steps in U.S. Patent No. 10,499,417 for
`
`predictable result.
`
`Claims 2 and 8 are rejected by claims 2 of U.S. Patent No. 10,499,417.
`
`Claims 3 and 9 are rejected by claims 3 of U.S. Patent No. 10,499,417.
`
`Claims 4 and 10 are rejected by claims 4 of U.S. Patent No. 10,499,417.
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`

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`Application/Control Number: 17/177,555
`Art Unit: 2466
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`Page 14
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`Claims 5 and 11 are rejected by claims 5 of U.S. Patent No. 10,499,417.
`
`Claims 6 and 12 are rejected by claims 6 of U.S. Patent No. 10,499,417.
`
`6.
`
`Claims 1-12 are rejected on the ground of nonstatutory double patenting as being
`
`unpatentable over claims 1-12 of U.S. Patent No. 10,959,256 in view of Yin (US Pub.
`
`No. 2011/0188432).
`
`U.S. Patent No. 10,959,256
`
`Instant Application
`
`processfield and a value in another
`
`A communication apparatus comprising:
`
`A communication apparatus comprising:
`
`a transmitter, which, in operation,
`
`transmits, to a mobile station, a control
`
`a receiver, which, in operation, receives,
`
`channel signal that includes a HARQ
`
`from a basestation, a control channel
`
`(Hybrid Automatic Repeat request)
`
`signal that includes a HARQ (Hybrid
`
`processfield and other
`
`Automatic Repeat request) processfield
`
`control information formatfields; and
`
`and other control information format
`
`circuitry, which is coupled to the
`
`fields; and
`
`transmitter and which, in operation,
`
`circuitry, which, in operation, supports a
`
`operates to support a dynamic scheduling
`
`dynamic scheduling mode or a persistent
`
`mode or a persistent scheduling mode in
`
`scheduling mode in communicating with
`
`communicating with the mobile station,
`
`the basestation,
`
`wherein,
`
`wherein,
`
`the circuitry operates to support the
`
`responsive to a value in the HARQ
`
`persistent scheduling modeto
`
`

`

`Application/Control Number: 17/177,555
`Art Unit: 2466
`
`
`Page 15
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`communicate with the mobile station,
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`control information formatfield in the
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`whena value in the HARQ processfield
`
`received control channel signalat least
`
`and a value in another control information
`
`partially constituting a predetermined
`
`formatfield in the transmitted control
`
`combination of values, the circuitry
`
`channel signal at least partially constitute
`
`supports the persistent scheduling mode
`
`a predetermined combination of values,
`
`in communicating with the basestation,
`
`and
`
`and
`
`interpretation of at least one control
`
`interpretation of at least one control
`
`information format field other than the
`
`information formatfield, which is other
`
`HARQfield and the another control
`
`than the HARQfield and the another
`
`information formatfield is different
`
`control information formatfield, 1s
`
`between the dynamic scheduling mode
`
`different between the dynamic scheduling
`
`and the persistent scheduling mode, and
`
`mode and the persistent scheduling
`
`in the persistent scheduling mode
`
`mode, wherein the interpretation is based
`
`the predetermined combination of values
`
`on the predetermined combination of
`
`indicates howto interpret said at least
`
`values.
`
`one control information formatfield.
`
`
`U.S. Patent No. 10,959,256 further discloses the control signal is transmitted
`
`from a base station to a mobile station (claim 1: a base station transmits control channel
`
`to a mobile station)
`
`U.S. Patent No. 10,959,256 does not teach the apparatus circuitry in a mobile
`
`station.
`
`

`

`Application/Control Number: 17/177,555
`Art Unit: 2466
`
`Page 16
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`However, in the same field of endeavor, Yin discloses a base station supporting
`
`a dynamic scheduling mode (figure 6A-H; paragraphs 42-44: no duration field, no static
`
`allocation/dynamic allocation) and persistent scheduling mode (figure 5; paragraphs 40-
`
`41) transmitting to wireless stations a control signal including HARQ field (paragraphs
`
`42-43) and other fields (figures 5 and 6; paragraphs 40-44) for either dynamic or
`
`persistent scheduling (paragraph 41).
`
`Therefore, it would have been obvious to one with ordinary skill in the art to
`
`implement a mobile station performing steps in U.S. Patent No. 10,959,256 for
`
`predictable result.
`
`Claims 2 and 8 are rejected by claims 2 of U.S. Patent No. 10,959,256.
`
`Claims 3 and 9 are rejected by claims 3 of U.S. Patent No. 10,959,256.
`
`Claims 4 and 10 are rejected by claims 4 of U.S. Patent No. 10,959,256.
`
`Claims 5 and 11 are rejected by claims 5 of U.S. U.S. Patent No. 10,959,256.
`
`Claims 6 and 12 are rejected by claims 6 of U.S. Patent No. 10,959,256.
`
`Allowable Subject Matter
`
`7.
`
`Claims 1-12 would be allowable if a Terminal Disclaimer is filed disclaiming the
`
`terminal portion of any patent granted on this application which would extend beyond
`
`the expiration date of US Patent No. 9,264,207; 9,485,782; 9,807,788; 10,278,205;
`
`10,499,417; and 10,959,256.
`
`1.
`
`The following is an examiner's statement of reasons for allowance:
`
`The prior art fails to teach responsive to a value in the HARQ processfield and a
`
`value in another control information format field in the received control channel signal at
`
`

`

`Application/Control Number: 17/177,555
`Art Unit: 2466
`
`Page 17
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`least partially constituting a predetermined combination of values, the circuitry supports
`
`the persistent scheduling mode in communicating with the base station, and
`
`interpretation of at least one control information format field, which is other than the
`
`HAR@Qfield and the another control information formatfield, 1s different between the
`
`dynamic scheduling mode andthe persistent scheduling mode, wherein the
`
`interpretation is based on the predetermined combination of values in conjunction with
`
`other limitations in independent claims 1 and 6.
`
`The reason for allowanceis similar to parent's applications’ reasons for
`
`allowance.
`
`Any comments considered necessary by applicant must be submitted no later
`
`than the payment of the issue fee and, to avoid processing delays, should preferably
`
`accompanythe issue fee. Such submissions should be clearly labeled “Comments on
`
`Statement of Reasons for Allowance.”
`
`Conclusion
`
`3.
`
`The prior art made of record and not relied upon is considered pertinent to
`
`applicant's disclosure.
`
`Imamura et al. (US Pub. No. 2009/0103482) discloses two scheduling modes
`
`based on a number ofbits.
`
`4.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to TITO Q PHAM whosetelephone number is (571)272-
`
`4122. The examiner can normally be reached Monday-Friday: 9AM-6PM EST.
`
`

`

`Application/Control Number: 17/177,555
`Art Unit: 2466
`
`Page 18
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`
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`
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`
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`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
`
`supervisor, Faruk Hamza can be reached on 571-272-7969. The fax phone number for
`
`the organization where this application or proceeding is assigned is 571-273-8300.
`
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`
`obtained from Patent Center. Unpublished application information in Patent Center is
`
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`
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`
`/TITO Q PHAM/
`Examiner, Art Unit 2466
`
`/FARUK HAMZA/
`Supervisory Patent Examiner, Art Unit 2466
`
`