throbber
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
`
`17/195,983
`
`03/09/2021
`
`Ayako HORIUCHI
`
`731456.533C1
`
`1508
`
`Seed IP Law Group LLP/Panasonic (PIPCA)
`701 5th Avenue, Suite 5400
`Seattle, WA 98104
`
`HO, CHUONG T
`
`PAPER NUMBER
`
`ART UNIT
`
`2412
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`04/27/2022
`
`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.
`17/195,983
`Examiner
`CHUONG THO
`
`Applicant(s)
`HORIUCHI et al.
`Art Unit
`AIA (FITF) Status
`2412
`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 03/09/2021.
`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.
`(J Claim(s)__ is/are allowed.
`Claim(s) 1-2,5-8 and 11-12 is/are rejected.
`Claim(s) 3-4 and 9-10 is/are objected to.
`1) Claim(s
`are subject to 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)2) The specification is objected to by the Examiner.
`11)M The drawing(s) filed on 03/09/2021 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)() None ofthe:
`b)( Some**
`a) All
`1.2 Certified copies of the priority documents have been received.
`2.¥} Certified copies of the priority documents have been received in Application No. 2017052867.
`3.0.) 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 20220422
`
`

`

`Application/Control Number: 17/195,983
`Art Unit: 2412
`
`Page 2
`
`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
`
`Acknowledgmentis madeof applicant’s claim for foreign priority under 35 U.S.C.
`
`119 (a)-(d). The certified copy has been filed in parent Application No. JAPAN 2017-
`
`052867, filed on 03/17/2017.
`
`Information Disclosure Statement
`
`The information disclosure statement (IDS) submitted on 03/09/2021,
`
`12/01/2021, 02/07/2022 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
`
`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
`
`

`

`Application/Control Number: 17/195,983
`Art Unit: 2412
`
`Page 3
`
`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
`
`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 § 2146etseq.for
`
`applications not subject to examination under the first inventor to file provisions of the
`
`AlA. 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
`
`

`

`Application/Control Number: 17/195,983
`Art Unit: 2412
`
`more information about eTerminal Disclaimers, refer to
`
`www.uspto.gov/patents/process/file/efs/guidance/eT D-info-l.jsp.
`
`Page 4
`
`Claim 1
`
`is rejected on the ground of nonstatutory double patenting as being
`
`unpatentable over claim 1 of U.S. Patent No.
`
`: US 10980019 B2 . Although the claims
`
`at issue are notidentical, they are not patentably distinct from each other because
`
`Claim 1 of the application serial number
`
`Claim 1 of U.S. Patent No.
`
`: US
`
`17/195,983
`
`10980019 B2
`
`A communication apparatus comprising:
`
`A communication apparatus, comprising:
`
`a receiver which, in operation, receives a
`
`a receiver, which, in operation, receives downlink
`
`control channel element (CCE) in a
`
`physical downlink control channel
`
`(PDCCH);
`
`control signals in a control channel region formed of a
`
`plurality of control channel elements (CCEs);
`
`symbols in which the control channel region is arranged
`
`circuitry which, in operation, demodulates
`
`circuitry, which is coupled to the receiver and which, in
`
`the PDCCH,
`
`operation, demodulates the downlink control signals,
`
`wherein the CCE is formed ofsix (6)
`
`wherein one of the plurality of CCEs is formed ofsix (6)
`
`resource-element groups (REGs)in a
`
`REGs, which are bundledinto the plurality of REG
`
`bundles forming the CCE depending on the number of
`
`control-resource set (CORESET), the 6
`
`symbols in which the control channel region is arranged
`
`REGs being bundled into REG bundles,
`
`a REG bundle size of the REG bundles is
`
`a number of REGsincludedin each ofthe plurality of
`
`different according to a number of
`
`symbols of the CORESET.
`
`REG bundlesis different according to a number of
`
`

`

`Application/Control Number: 17/195,983
`Page 5
`Art Unit: 2412
`
`
`Claim 2 of the application serial number
`
`Claim 2 of U.S. Patent No.
`
`: US
`
`17/195,983
`
`10980019 B2
`
`wherein the number of symbols of the
`
`wherein the number of symbols in which the control
`
`CORESETis indicated by a higher layer
`
`channel region is arrangedis indicated by a higher
`
`layer signaling
`
`signaling
`
`Claim 5 of the application serial number
`
`Clain5 of U.S. Patent No.
`
`: US
`
`17/195,983
`
`10980019 B2
`
`wherein a common demodulation
`
`wherein a common demodulation reference signal
`
`(DMRS) is used in each of the plurality of REG bundles.
`
`of the REG bundles
`
`plurality of REG bundles are adjacent to each other.
`
`reference signal (DMRS)is used for each
`
`Claim 6
`
`of the application serial number
`
`Claim 7
`
`of U.S. Patent No.
`
`: US
`
`17/195,983
`
`10980019 B2
`
`wherein REGs included in each of the
`
`wherein a plurality of REGs included in each of the
`
`REG bundlesare adjacentto each other.
`
`

`

`Application/Control Number: 17/195,983
`Art Unit: 2412
`
`Page 6
`
`Claim 7 is rejected on the ground of nonstatutory double patenting as being
`
`unpatentable over claim 8 of U.S. Patent No.
`
`: US 10980019 B2 . Although the claims
`
`at issue are notidentical, they are not patentably distinct from each other because
`
`
`
`Claim 7 of the application serialnumber|claim 8 of U.S. Patent No. : US
`
`17/195,983
`
`10980019 B2
`
`A communication method comprising:
`
`A communication method comprising:
`
`symbols of the CORESET.
`
`receiving 4 control channel element
`
`receiving downlink control signals in a control channel
`
`(CCE) in a physical downlink control
`
`channel (PDCCH);
`
`region formed ofa plurality of control channel elements
`
`(CCEs);
`
`demodulating the PDCCH,
`
`demodulating the downlink control signals,
`
`wherein the CCE is formed ofsix (6)
`
`wherein oneof the plurality of CCEsis formedof six (6)
`
`;
`resource-element groups (REGs)in a
`
`REGs, which are bundledinto the plurality of REG
`
`bundles forming the CCE depending on the number of
`
`control-resource set (CORESET), the 6
`
`symbols in which the control channel region is arranged
`
`REGs being bundled into REG bundles,
`
`a REG bundle size of the REG bundles ig|@ number of REGsincludedin each of the plurality of
`
`.
`.
`different according to a number of
`
`REG bundlesis different according to a number of
`
`symbols in which the control channel region is arranged
`
`

`

`Page 7
`
`Claim 8 of the application serial number
`
`claim 9 of U.S. Patent No.
`
`: US
`
`17/195,983
`
`10980019 B2
`
`wherein the number of symbols of the
`
`wherein the number of symbols in which the control
`
`CORESETis indicated by a higher layer
`
`channel region is arrangedis indicated by a higher
`
`layer signaling.
`
`signaling.
`
`Application/Control Number: 17/195,983
`Art Unit: 2412
`
`plurality of REG bundles are adjacent to each other.
`
`Claim 11
`
`of the application serial
`
`claim 12.
`
`of U.S. Patent No.
`
`: US
`
`number 17/195,983
`
`10980019 B2
`
`wherein a common demodulation
`
`wherein a common demodulation reference signal
`
`reference signal (DMRS)is used for each
`
`(DMRS) is used in each of the plurality of REG bundles.
`
`of the REG bundles.
`
`Claim 12. of the application serial
`
`claim 14
`
`of U.S. Patent No.
`
`: US
`
`number 17/195,983
`
`10980019 B2
`
`wherein REGs included in each of the
`
`wherein a plurality of REGs included in each of the
`
`REG bundlesare adjacentto each other.
`
`

`

`Application/Control Number: 17/195,983
`Art Unit: 2412
`
`Page 8
`
`Allowable Subject Matter
`
`Claims 3, 4, 9, 10 are objected to as being dependent upon a rejected base
`
`claim, but would be allowable if rewritten in independent form including all of the
`
`limitations of the base claim and any intervening claims.
`
`Conclusion
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to CHUONG T HO whosetelephone number is (571)272-
`
`3133. The examiner can normally be reached 7:30-4:00.
`
`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:/Avww.uspto.gov/interviewpractice.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
`
`supervisor, Charles C Jiang can be reached on 571-270-7191. The fax phone number
`
`for the organization where this application or proceeding is assigned is 571-273-8300.
`
`Information regarding the status of published or unpublished applications may be
`
`obtained from Patent Center. Unpublished application information in Patent Center is
`
`available to registered users. To file and manage patent submissions in Patent Center,
`
`visit: https://patentcenter.uspto.gov. Visit https:/Awww.uspto.gov/patents/apply/patent-
`
`center for more information about Patent Center and
`
`

`

`Application/Control Number: 17/195,983
`Art Unit: 2412
`
`Page 9
`
`https:/Awww.uspto.gov/patents/docx for information aboutfiling in DOCX format. For
`
`additional questions, contact the Electronic Business Center (EBC) at 866-217-9197
`
`(toll-free). If you would like assistance from a USPTO Customer Service
`
`Representative, call 800-786-9199 (IN USA OR CANADA)or 571-272-1000.
`
`/CHUONG T HO/
`Primary Examiner, Art Unit 2412
`
`

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