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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
`
`17/207,390
`
`03/19/2021
`
`YUTAKA MURAKAMI
`
`731456.457C3
`
`1822
`
`Seed IP Law Group LLP/Panasonic (PIPCA)
`701 5th Avenue, Suite 5400
`Seattle, WA 98104
`
`PEREZ, ANGELICA
`
`ART UNIT
`
`2649
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`09/07/2022
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`Thetime 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*
`1-16 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`5a) Of the above claim(s) ___ is/are withdrawn from consideration.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) 1-16 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://Awww.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
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`) )
`
`Application Papers
`10)( The specification is objected to by the Examiner.
`11) The drawing(s) filed on 03/19/2021 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.
`3.4.) 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)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) (J Other:
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20220822
`
`Application No.
`Applicant(s)
`17/207 ,390
`MURAKAMI, YUTAKA
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`Angelica M Perez
`2649
`Yes
`
`
`
`-- The MAILING DATEof this 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 03/19/2021.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)() 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: 17/207,390
`Art Unit: 2649
`
`Page 2
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`DETAILED ACTION
`
`Notice of Pre-AlA or AIA Status
`
`The presentapplication, filed on or after March 16, 2013, is being examined under the first
`
`inventor to file provisions of the AIA.
`
`Claim Objections
`
`1.
`
`Claims 1 and 9 are objected to becauseofthe following informalities:
`
`In claim 1, line 4, the phrase “a first communication station” should read “a second
`
`communication station”.
`
`In claim 9, lines 4-5, the phrase “a first communication station” should read “a second
`
`communication station”.
`
`Appropriate corrections are required.
`
`Claim Rejections - 35 USC § 103
`
`2.
`
`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 correction of the statutory basis for
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`the rejection will not be considered a new ground ofrejection if the prior art relied upon, and the rationale
`
`supporting the rejection, would be the same under either status.
`
`3.
`
`The following is a quotation of 35 U.S.C. 103 which formsthe basis for all obviousnessrejections
`
`setforth in this Office action:
`
`A patent for a claimed invention may not be obtained, notwithstanding that the claimed
`invention is not identically disclosed as set forth in section 102, if the differences between the
`claimed invention and the prior art are such that the claimed invention as a whole would have
`been obvious before the effective filing date of the claimed invention to a person having
`ordinary skill in the art to which the claimed invention pertains. Patentability shall not be
`negated by the manner in which the invention was made.
`
`4.
`
`Claims 1-2, 7, 9-10 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over US
`
`2002/0102987 (Souisseet al., hereinafter Souisse) in view of Souisse’s additional embodiments
`
`(hereinafter, SouisseAddEmbo).
`
`Regarding claim 1, Souisse discloses a terminal apparatus (figure 7, paragraphs 2 and 43, e.g.,
`
`“mobile device”) comprising:
`
`

`

`Application/Control Number: 17/207,390
`Art Unit: 2649
`
`Page 3
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`a receiver (figure 7 and paragraphs 43 and 55, “mobile station’, “mobile device’, “cell phone”
`
`inherently comprise at least a receiver) which, in operation, receives a first downlink data signal(fig. 6
`
`and par. [0043], please see arrows going towards the “mobile device” that correspond to downlink data
`
`signals received by the “mobile device”) transmitted from a first communication station (fig. 6 and par.
`
`[0042], a first communication station of “GSM basestation” type) and receives a second downlink data
`
`signal transmitted fromafirst communication station (fig. 6 and par. [0042], a first communication station
`
`of “CDMAbasestation” type}, the first downlink data signal and the second downlink data signal being
`
`received over a first downlink channel and a second downlink channel (figs. 5-7 and par. [0049], where
`
`“GSM basestation” and “CDMAbasestation” are transmitting utilizing a “first and “second” channels) that
`
`are at least partially overlapped in time (par. [0042], “the fragments simultaneously delivered via a GSM
`
`base station and a CDMAbasestation”, overlapping in time) and frequency domain (figs. 5-7 and pars.
`
`[0004],[0042], “the fragments simultaneously delivered via a GSM basestation and a CDMAbasestation”
`
`“the fragments are simultaneously transmitted over a cluster of (adjacent) radio frequency ("RF")
`
`channels’, overlapping in frequency. Where GSM and CDMAoperate on the frequency spectrum 850
`
`MHz to 1900 MHz); and
`
`reception signal control circuitry which, in operation (figs. 3 and 9, par. [0051], “CPU/ASIC
`
`device” corresponding to “control circuitry”), demodulates the receivedfirst downlink data signal and a
`
`second downlink data signal (figs. 5-7 and par. [0042], [0050]-[0051], “Device 510, illustrated as a mobile
`
`telephone, assembles the message fragments to recreate message 501”; “a mobile device for instance,
`
`would reassemble the received packets according to the applicable numbering rule” and “RF modem 900,
`
`that can be included in a mobile device.” Par. [0054], “a customer is equipped with a wireless device that
`
`can simultaneously decode TDMA and CDMAsignals’).
`
`Souisse does not specifically disclose demodulating the received first downlink data signal and a
`
`second downlink data signal.
`
`In a different embodiment, SouisseAddEmbodiscloses demodulating the receivedfirst downlink
`
`data signal and a second downlink data signal (figs. 5-7 and par. [0042], [0050]-[0051], “Device 510,
`
`illustrated as a mobile telephone, assembles the message fragments to recreate message 501”; “a mobile
`
`device for instance, would reassemble the received packets according to the applicable numbering rule”
`
`

`

`Application/Control Number: 17/207,390
`Art Unit: 2649
`
`Page 4
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`and “RF modem 900, that can be included in a mobile device.” Par. [0054], “a customer is equipped with
`
`a wireless device that can simultaneously decode TDMA and CDMAsignals’).
`
`It would have been obvious to one of ordinary skill in the art before the effectivefiling date of the
`
`invention to use SouisseAddEmbothat discloses demodulating the receivedfirst downlink data signal and
`
`a second downlink data signal with the method and apparatusfor distributing data over multiple
`
`independentwireless networks becauseone of ordinary skill in the art would have recognized that
`
`demodulating signals is a well-recognized step utilized by the receiver to extract the original information
`
`signal from the modulated carrier wave.
`
`Regarding claim 9, Souisse discloses a communication method (par. [0011], “a method for
`
`transmitting a message to a single receiving unit over a plurality of independent transmitting sources”) for
`
`a terminal apparatus (figure 7, paragraphs 2 and 43, e.g., “mobile device”), the communication method
`
`comprising:
`
`receiving a first downlink data signal (fig. 6, please see arrows going towardsthe “mobile device”
`
`that correspond to downlink signals received by the “mobile device”) transmitted fromafirst
`
`communication station (fig. 6 and par. [0042], a first communication station of “GSM base station” type)
`
`and receiving a second downlink data signal (fig. 6 and par. [0043], please see arrows going towards the
`
`“mobile device” that correspond to downlink signals received by the “mobile device”) transmitted from a
`
`first communication station (fig. 6 and par. [0042], a first communication station of type), the first downlink
`
`data signal and the second downlink data signal (fig. 6, please see arrows going towards the “mobile
`
`device” that correspond to downlink signals received by the “mobile device”) being received over a first
`
`downlink channel and a second downlink channel that are at least partially overlapped in time (par.
`
`[0042], “the fragments simultaneously delivered via a GSM basestation and a CDMAbasestation”,
`
`overlapping in time) and frequency domain (CDMA and GSMoperatein the same frequency range 850 to
`
`1900MHZ; thus, they overlap in frequency).
`
`Souisse does not specifically disclose demodulating the receivedfirst downlink data signal and a
`
`second downlink data signal.
`
`SouisseAddEmbodiscloses demodulating the receivedfirst downlink data signal and a second
`
`downlink data signal (figs. 5-7 and par. [0042], [0050]-[0051], “Device 510, illustrated as a mobile
`
`

`

`Application/Control Number: 17/207,390
`Art Unit: 2649
`
`Page5
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`telephone, assembles the message fragments to recreate message 501”; “a mobile device for instance,
`
`would reassemble the received packets according to the applicable numbering rule” and “RF modem 900,
`
`that can be included in a mobile device.” Par. [0054], “a customer is equipped with a wireless device that
`
`can simultaneously decode TDMA and CDMAsignals’).
`
`It would have been obvious to one of ordinary skill in the art before the effectivefiling date of the
`
`invention to use SouisseAddEmbothat discloses demodulating the received first downlink data signal and
`
`a second downlink data signal with the method and apparatusfor distributing data over multiple
`
`independent wireless networks because one of ordinary skill in the art would have recognized that
`
`demodulating signals is a well-recognized step utilized by the receiver to extract the original information
`
`signal from the modulated carrier wave.
`
`Regarding claims 2 and 10, Souisse and SouisseAddEmbodiscloseall the limitations of claims 1
`
`and 9, respectively. Souisse further discloses whereafirst communication scheme usedbythe first
`
`communication station is the same as the second communication station used by the second station
`
`apparatus (par. [0038], “he message fragments could also be sent via multiple transmitting sources using
`
`the same air interfaces (a homogeneoustransmission technique)”’).
`
`Regarding claims 7 and 15, Souisse and Wu discloseall the limitations of claims 1 and 9,
`
`respectively. Souisse further discloses wherethe first downlink data signal and the second downlink data
`
`signal include a same data signal (par. [0041], “The image is broken into two parts with one standard
`
`carrying 14400/33600 or 43%of the data and the second carrying 19200/33600 or 57%of the data to
`
`obtain the aggregate transfer rate of 33600 bps. In other words, the streaming video image data is divided
`
`proportionally to match the data transfer rate of each of the available channels in order to obtain the
`
`desired increased data throughput’, where the data corresponds to the same video content).
`
`5.
`
`Claims 3-6, 8, 11-14 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Souisse in view of SouisseAddEmboandfurther in view of US 20120246538 A1 (Zhenyu Wu, hereinafter
`
`Wu).
`
`Regarding claims 3 and 11, Souisse and SouisseAddEmbodiscloseall the limitations of claims 1
`
`and 9, respectively.
`
`

`

`Application/Control Number: 17/207,390
`Art Unit: 2649
`
`Page 6
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`Souisse does not specifically disclose where simultaneous use ofthe first downlink channel and
`
`the second downlink channel is configured by a higher layer.
`
`In related art concerning fountain (rateless) forward error correction (FEC) codes to those multi-
`
`link multi-path mobile networks discloses where simultaneous use of the first downlink channel and the
`
`second downlink channel is configured by a higher layer (par. [0011], “applying fountain codes to symbols
`
`of the content to generate fountain encoded symbols at one of a transport layer and an application layer
`
`and transmitting the generated fountain encode symbols via a mobile network that uses a multi-link
`
`delivery system”).
`
`It would have been obvious to one of ordinary skill in the art before the effectivefiling date of the
`
`invention to use Wu’s teachings where simultaneous use ofthe first downlink channel and the second
`
`downlink channel is configured by a higher layer with the method and apparatusfor distributing data over
`
`multiple independent wireless networks because one of ordinary skill in the art would have recognized
`
`that by utilizing the link layer (higher layer) and application layer (higher layer) in coordination with the
`
`physical layer, so that Quality of Service can be achieved.
`
`Regarding claims 4 and 12, Souisse, SouisseAddEmbo and Wu discloseall the limitations of
`
`claims 3 and 11, respectively.
`
`Souisse does not specifically disclose where the simultaneous useof the first downlink channel
`
`and the second downlink channel is configured by the higher layer based on link information indicating
`
`communication stations with which the terminal apparatus has established access.
`
`Wu discloses where the simultaneous use of the first downlink channel and the second downlink
`
`channel is configured by the higher layer based on link information indicating communication stations with
`
`which the terminal apparatus has established access (par. [0011], “applying fountain codes to symbols of
`
`the content to generate fountain encoded symbols at one of a transport layer and an application layer and
`
`transmitting the generated fountain encode symbols via a mobile network that uses a multi-link delivery
`
`system’, where the application layer allows users to send data, access data and use networks. The
`
`application layer allows users to access programsandinformation.).
`
`It would have been obvious to one of ordinary skill in the art before the effectivefiling date of the
`
`invention to use Wu’s teachings where the simultaneous useofthe first downlink channel and the second
`
`

`

`Application/Control Number: 17/207,390
`Art Unit: 2649
`
`Page 7
`
`downlink channel is configured by the higher layer based on link information indicating communication
`
`stations with which the terminal apparatus has established access with the method and apparatus for
`
`distributing data over multiple independent wireless networks because one ofordinary skill in the art
`
`would have recognized thatit is very well-known that by using the application layer, the users would be
`
`able to send data, access data and use networks.
`
`Regarding claims 5 and 13, Souisse and SouisseAddEmbodiscloseall the limitations of claims 1
`
`and 9, respectively.
`
`Souisse does not specifically disclose use of the first communication station and the second
`
`communication station for downlink transmission is configured by a higher layer.
`
`Wu discloses about use of the first communication station and the second communication station
`
`for downlink transmission is configured by a higher layer (par. [0011], “applying fountain codes to symbols
`
`of the content to generate fountain encoded symbols at one of a transport layer and an application layer
`
`and transmitting the generated fountain encode symbols via a mobile network that uses a multi-link
`
`delivery system’, where the application layer allows users to send data, access data and use networks.
`
`The application layer allows users to access programs and information.).
`
`It would have been obvious to one of ordinary skill in the art before the effectivefiling date of the
`
`invention to use Wu’s teachings about useofthe first communication station and the second
`
`communication station for downlink transmission is configured by a higher layer with which the terminal
`
`apparatus has established access with the method and apparatusfor distributing data over multiple
`
`independent wireless networks because one of ordinary skill in the art would have recognized that some
`
`of the functions of the Application layer are to allow users to access data and use networks.
`
`Regarding claims 6 and 14, Souisse, SouisseAddEmbo and Wu discloseall the limitations of
`
`claims 5 and 13, respectively.
`
`Souisse does not specifically disclose where the use of first communication station and the
`
`second communication station is configured by the higher layer based on link information indicating
`
`communication stations with which the terminal apparatus has established access.
`
`Wu discloses wherethe use offirst communication station and the second communication station
`
`is configured by the higher layer based on link information indicating communication stations with which
`
`

`

`Application/Control Number: 17/207,390
`Art Unit: 2649
`
`Page 8
`
`the terminal apparatus has established access (par. [0011], “applying fountain codes to symbols of the
`
`content to generate fountain encoded symbols at one of a transport layer and an application layer and
`
`transmitting the generated fountain encode symbols via a mobile network that uses a multi-link delivery
`
`system”, where the application layer allows users to send data, access data and use networks. The
`
`application layer allows users to access programsandinformation.).
`
`It would have been obvious to one of ordinary skill in the art before the effectivefiling date of the
`
`invention to use Wu’s teachings wherethe use offirst communication station and the second
`
`communication station is configured by the higher layer based on link information indicating
`
`communication stations with which the terminal apparatus has established access with the method and
`
`apparatusfor distributing data over multiple independent wireless networks because one of ordinary skill
`
`in the art would have recognized that some of the functions of the Application layer are to allow users to
`
`access data and use networks.
`
`Regarding claims 8 and 16, Souisse and Wu discloseall the limitations of claims 1 and 9,
`
`respectively.
`
`Souisse does not specifically disclose where the receiver, in operation, receives a control signal
`
`that indicates scheduling information for receiving the first downlink data signal and the second downlink
`
`data signal.
`
`Wu discloses wherethe receiver, in operation, receives a control signal that indicates scheduling
`
`information for receiving the first downlink data signal and the second downlink data signal (par. [0008],
`
`“packet scheduling mechanism which coordinates data over multiple paths so that they do not overlap at
`
`the receiver’).
`
`It would have been obviousto one of ordinary skill in the art before the effectivefiling date of the
`
`invention to use Wu’s teachings wherethe receiver, in operation, receives a control signal that indicates
`
`scheduling information for receiving the first downlink data signal and the second downlink data signal
`
`with which the terminal apparatus has established access with the method and apparatusfor distributing
`
`data over multiple independent wireless networks becauseone of ordinaryskill in the art would have
`
`recognizedthat “packet scheduling mechanism which coordinates data over multiple paths so that they
`
`do not overlap at the receiver” (Wu, par. [0008)).
`
`

`

`Application/Control Number: 17/207,390
`Art Unit: 2649
`
`Page 9
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`Conclusion
`
`6.
`
`Any inquiry concerning this communication or earlier communications from the examiner should
`
`be directed to Angelica Perez whose telephone numberis 571-272-7885. The examiner can normally be
`
`reached on Monday-Friday from 8:00 a.m. to 4:00 p.m.
`
`Examiner interviews are available via telephone, in-person, and video conferencing using a
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`USPTO supplied web-basedcollaboration tool. To schedule an interview, Applicant is encouraged to use
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`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,
`
`Yuwen (Kevin) Pan can be reached at (571) 272-7855. The fax phone numbersfor the organization
`
`wherethis application or proceeding is assigned are 571-273-8300 for regular communications and for
`
`After Final communications.
`
`Information regarding the status of an application may be obtained from the Patent Application
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`Information Retrieval (PAIR) system. Status information for published applications may be obtained from
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`Any inquiry of a general nature or relating to the status of this application or proceeding should be
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`directed to the TC 2600's customer service number is 703-306-0377.
`
`/ANGELICA M PEREZ/
`Examiner, Art Unit 2649
`08/27/2022
`
`/YUWEN PAN/
`Supervisory Patent Examiner, Art Unit 2649
`
`