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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
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`17/217,652
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`03/30/2021
`
`Michael Einhaus
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`736456.462C2
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`2585
`
`Seed IP Law Group LLP/Panasonic (PIPCA)
`701 5th Avenue, Suite 5400
`Seattle, WA 98104
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`PATEL, CHANDRAHAS B
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`2464
`
`08/05/2022
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`ELECTRONIC
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`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
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`pairlinkdktg @seedip.com
`
`PTOL-90A (Rev. 04/07)
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`

`

`
`
`Disposition of Claims*
`1-12 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`Claim(s) 1-12 is/are allowed.
`)
`) 0 Claim(s
`)____ is/are rejected.
`1) Claim(s)__is/are objectedto.
`Cj] 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.
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`) )
`
`Application Papers
`10)( The specification is objected to by the Examiner.
`11) The drawing(s) filed on 30 March 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)1) 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)Q) All
`1.2) Certified copies of the priority documents have been received.
`2.1.) 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)
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`1)
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`Notice of References Cited (PTO-892)
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`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date 3/30/2021.
`U.S. Patent and Trademark Office
`
`3)
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`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) (J Other:
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`PTOL-326 (Rev. 11-13)
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`Office Action Summary
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`Part of Paper No./Mail Date 20220726
`
`Application No.
`Applicant(s)
`17/217 ,652
`Einhauset al.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`CHANDRAHAS PATEL
`2464
`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
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`1) Responsive to communication(s) filed on 30 March 2021.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
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`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 incorporatedinto 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.
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`

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`Application/Control Number: 17/217,652
`Art Unit: 2464
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`Page 2
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`DETAILED ACTION
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`Specification
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`The lengthy specification has not been checked to the extent necessary to determine
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`the presence ofall possible minor errors. Applicant’s cooperation is requested in correcting any
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`errors of which applicant may become awarein the specification.
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`Double Patenting
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`The nonstatutory double patenting rejection is based on a judicially created doctrine
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`grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or
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`improper timewise extension of the “right to exclude” granted by a patent and to prevent
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`possible harassment by multiple assignees. A nonstatutory double patenting rejection is
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`appropriate where the conflicting claims are not identical, but at least one examined
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`application claim is not patentably distinct from the reference claim(s) because the examined
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`application claim is either anticipated by, or would have been obvious over, the reference
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`claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman,
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`11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed.
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`Cir. 1985); In re Van Ornum,686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d
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`438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
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`A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be
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`used to overcome an actual or provisional rejection based on nonstatutory double patenting
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`provided the reference application or patent either is shown to be commonly owned with the
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`examined application, or claims an invention made as a result of activities undertaken within
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`the scope of a joint research agreement. See MPEP § 717.02 for applications subject to
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`

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`Application/Control Number: 17/217,652
`Art Unit: 2464
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`Page 3
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`examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159.
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`See MPEP § 2146 etseq. for applications not subject to examination under the first inventor to
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`file provisions of the AIA. A terminal disclaimer must be signed in compliance with 37 CFR
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`1.321(b).
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`The USPTO Internet website contains terminal disclaimer forms which may be used.
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`Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which
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`the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA/25, or
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`PTO/AIA/26) should be used. A web-based eTerminal Disclaimer may befilled out completely
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`online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-
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`processed and approved immediately upon submission. For more information about eTerminal
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`Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-l.jsp.
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`Claims 1, 5-7, 11 and 12 are rejected on the ground of nonstatutory double patenting as
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`being unpatentable over claims 1, 5-8 and 12 of U.S. Patent No. 10,993,268. Although the
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`claims at issue are not identical, they are not patentably distinct from each other because the
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`claims in the patent anticipate the claims in the present application as shown in the table
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`below.
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`USPN 10,993,268|Present Application
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`

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`Application/Control Number: 17/217,652
`Art Unit: 2464
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`Page 4
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`Claim 11|Claim 8
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` Claim 12|Claim 12
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`Allowable Subject Matter
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`Claims 1-12 are allowed.
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`The following is a statement of reasons for the indication of allowable subject matter:
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`Regarding claims 1 and 7, Suzuki et al. (USPN 9,565,568) teaches selecting a random-
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`access preamble sequence of a bandwidth longer than a bandwidth of a random preamble
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`sequence used ina licensed band [Fig. 2, 210, Col. 6, line 41 — Col. 7, line 16]; and transmitting
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`the selected random-access preamble sequence to a basestation in a frequency bandwidth of
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`an unlicensed band [Col. 8, line 50 — Col. 9, line 17].
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`However, Suzuki does not teach wherein the frequency bandwidth is equal to or larger
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`than a minimum bandwidth required for the unlicensed band.
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`Above taken with other limitations from the claims and dependent claims is considered
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`novel and non-obvious.
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`Conclusion
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`The prior art made of record and not relied upon is considered pertinent to applicant's
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`disclosure.
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`Liu et al. (USPN 10,462,827) teaches acquiring information being used for indicating that
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`a subframe of physical random-access channel resources accessing an unlicensed spectrum
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`license assisted access (LLA) cell is available subframes after the LLA cell successfully preempts a
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`channel.
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`

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`Application/Control Number: 17/217,652
`Art Unit: 2464
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`Page 5
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`Ji et al. (USPN 10,291,450) teaches receiving random sequence production parameter
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`from a base station. Random sequenceincluding random variable is produced with first band
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`by using the received parameter.
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`Lee et al. (USPN 7,321,645) teaches an uplink signal containing data related to a
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`random-access channel preamble received by antennas,is spatially processed and then
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`temporally processed, to detect the preamble.
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`

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`Application/Control Number: 17/217,652
`Art Unit: 2464
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`Page 6
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`
`/Chandrahas B Patel/
`Primary Examiner, Art Unit 2464
`
`