UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 2231371450
`www.uspto.gov
`
`17/029,488
`
`09/23/2020
`
`Yutaka MURAKAMI
`
`733456.584C8
`
`1063
`
`Seed IP Law Group LLP/Panason1e (PIPCA)
`701 5th Avenue, Suite 5400
`Seattle, WA 98104
`
`RIZK' SAMIR WADIE
`
`ART UNIT
`
`2112
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`11/05/2020
`
`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):
`US PTOeACtion @ SeedIP .Com
`
`pairlinkdktg @ seedip .eom
`
`PTOL-90A (Rev. 04/07)
`
`

`

`017/09 A0170” Summary
`
`Application No.
`17/029,488
`Examiner
`SAMIRWRIZK
`
`Applicant(s)
`MURAKAMI et al.
`Art Unit
`AIA (FITF) Status
`2112
`No
`
`- The MAILING DA TE of this communication appears on the cover sheet wit/7 the correspondence address -
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a). In no event, however, may a reply be timely filed after SIX (6) MONTHS from the mailing
`date of this communication.
`|f NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from 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, even if timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1). Responsive to communication(s) filed on 23 September 2020.
`El A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2a)[:] This action is FINAL.
`
`2b)
`
`This action is non-final.
`
`3)[:] An election was made by the applicant in response to a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`
`4):] 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 Expade Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`
`5)
`
`Claim(s) His/are pending in the application.
`
`5a) Of the above Claim(s)
`
`is/are withdrawn from consideration.
`
`[:1 Claim(ss)
`
`is/are allowed.
`
`Claim(ss) 1_—4 is/are rejected.
`
`D Claim(ss_) is/are objected to.
`
`) ) ) )
`
`
`
`S)
`are subject to restriction and/or election requirement
`[:1 Claim(s
`* If any claims have been determined aflowable. you may be eligible 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 PPeredback@uspto.gov.
`
`Application Papers
`
`10)|:l The specification is objected to by the Examiner.
`
`11). The drawing(s) filed on 23 September 2020 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:
`
`a). All
`
`b)C] Some**
`
`c)C] None of the:
`
`1.[:] Certified copies of the priority documents have been received.
`
`2.. Certified copies of the priority documents have been received in Application No. 15692679.
`
`SD 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) [3 Notice of References Cited (PTO-892)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date 9/23/2020.
`U.S. Patent and Trademark Office
`
`3) E] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) CI Other-
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20201030
`
`

`

`Application/Control Number: 17/029,488
`Art Unit: 2112
`
`Page 2
`
`Notice of Pre-AIA or AIA Status
`
`The present application is being examined under the pre-AIA first to invent provisions.
`
`-
`
`-
`
`Detailed Action
`
`Claims 1-4 have been submitted for examination
`
`Claims 1-4 have been rejected
`
`Double Patenting
`
`The nonstatutory double patenting rejection is based on a judicially created doctrine grounded
`
`in 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 obviousness-type 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); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
`
`A timely filed 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 a nonstatutory double patenting ground
`
`provided the conflicting application or patent either is shown to be commonly owned with this
`
`application, or claims an invention made as a result of activities undertaken within the scope of
`
`a joint research agreement.
`
`Effective January 1, 1994, a registered attorney or agent of record may sign a terminal
`
`disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
`
`1.
`
`Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over
`
`claim 1 of commonly owned U.S. Patent No. 10,819,370. Although the claims at issue are not
`
`identical, they are not patentably distinct from each other because as explained below.
`
`Instant application
`
`10,819,370
`
`US Patent no.
`
`

`

`Application/Control Number: 17/029,488
`Art Unit: 2112
`
`Page 3
`
`An integrated circuit fer a
`
`A transmission apparatus
`
`transmission apparatus
`
`comprising:
`
`comprising:
`
`at ieast nhe input which, in
`
`operation, receives an input;
`
`centre! circuitry, which is
`
`coupieci to the at ieast one
`
`input anti which, in
`
`operation, centreis:
`
`an encoding circuit that
`
`
`
`generating a ceriewerei
`
`generates a ceriewerei sequence
`
`sequence s having a first
`
`5 having a first ceding rate by
`
`ceding rate by nerferrning a
`
`perferrning a iow density parity
`
`iew density parity check
`
`check: (LDPQ eneeciing preeess
`
`{LBPC} encoding process on
`
`an information hit sequence u
`
`inferrnatien hit sequence u
`
`te generate a parity bit
`
`to generate a parity hit
`
`sequence is, the cndeword
`
`sequence is, the eetiewerd
`
`sequence 5 being made up of
`
`sequence 3 being made up of
`
`zxnb hits, the infcirn‘iatihn hit
`
`zxnh hits, the intermetien bit
`
`sequence u being made up of
`
`sequence n being made up
`
`zxinh~mhi hits, the parity hit
`
`of zxinh-mh) hits, the parity
`
`sequence n being made up et
`
`hit sequence p being made
`
`zxrnh hits, 2 heing an integer
`
`

`

`Application/Control Number: 17/029,488
`Art Unit: 2112
`
`Page 4
`
`up of zxmb bits, 2 being an
`
`equai tn er greater than it, nb
`
`integer equal tn er greater
`
`being, an integer equai tn er
`
`than 1, nb being;r an integer
`
`greatertnan 1, mt: being an
`
`ecguai te er greater than 1,
`
`integer eqiiai tn er greater than
`
`mb being;r an integer ecguei to
`
`1, the codeword sequence 5
`
`or greater than it, the
`
`being, a secguence having the
`
`cedewerti sequence 5 being
`
`parity bit sequence p
`
`a sequence having the narity
`
`mneatenaterj at a iatter part at
`
`bit sequence is cencatenated
`
`the infermatinn nit sequence Li,
`
`at a fetter part cat the
`
`the rx'iriewnrti secguence 3 being
`
`inforniatien bit sequence u,
`
`deceded at a decoder of a
`
`the cedewnrd sequence 5
`
`cnn‘inmnicating party, the
`
`being detected at a decoder
`
`cedeword sequence s satisfying
`
`ceiumns;
`
`at a communicating partner
`
`Equatinn 1,
`
`apparatus;
`
`H5 2:: E.)
`
`{Equal
`
`forming a cedewnrd
`
`where a parity check matrix H
`
`sequence sp having a secend
`
`has zxrnh rows anti zxnh
`
`ceding rate by removing Cine
`
`ceiurnns centigured by arranging
`
`er mere sets of censecutive
`
`suhmatrixes cm" 2 rows and z
`
`y bits from the parity bit
`
`ceinrnns in rnh rows and nb
`
`sequence i3: by using a
`
`remnving pattern indicating
`
`

`

`Application/Control Number: 17/029,488
`Art Unit: 2112
`
`Page 5
`
`whether or net each set of
`
`a removing circuit that forms a
`
`bite item a first. bit if) a
`
`cedewm‘d sequence 53;) having
`
`zxmiJ—tn ijit of the parity ijit
`
`a
`
`seccrici coding rate by
`
`sequence {a are rename: , y
`
`remming (me er mere sets at
`
`being a diviscr at z;
`
`censecutive y bits frem the
`
`moduiating the codewert‘i
`
`earity bit sequence in, eating a
`
`sequence Sp having the
`
`removing pattern indicating
`
`seccinci ceding rate t0
`
`whether er net each set at hits
`
`generate a metiuiateti
`
`tram a first bit t0 3 zxrnb—th bit
`
`gyrnbei Sequence; and
`
`0‘? the tiarity bit sequence {2 are
`
`
`
`removed, 3; being a divisor of z;
`
`a meduiatiori circuit that
`
`meduiates the codewerd
`
`sequence 5p having the secend
`
`coding rate t0 generate a
`
`moduiateci Symhoi sequence;
`
`and
`
`transmitting a trangmission
`
`a transmitting circuit that
`
`frame inciuding the
`
`transmits a transmissien frame
`
`meduiated Symbei
`
`incitiding the metiniateci symboi
`
`SGQUQQCQ.
`
`SGQBQHCQ.
`
`

`

`Application/Control Number: 17/029,488
`Art Unit: 2112
`
`Page 6
`
`2.
`
`Similarly, Claims 1 and 2 are rejected on the ground of nonstatutory double patenting as being
`
`unpatentable over claim 1 of commonly owned U.S. Patent No. 10,819,370. Although the claims
`
`at issue are not identical, they are not patentably distinct from each other.
`
`Similarly, Claims 1 and 2 and 3 are rejected on the ground of nonstatutory double patenting as
`
`being unpatentable over claims 1 and 2 of commonly owned U.S. Patent No. 10,819,370.
`
`Although the claims at issue are not identical, they are not patentably distinct from each other.
`
`Similarly, Claims 1 and 2 and 3 and 4 are rejected on the ground of nonstatutory double
`
`patenting as being unpatentable over claims 1 and 2 and 3 of commonly owned U.S. Patent No.
`
`10,819,370. Although the claims at issue are not identical, they are not patentably distinct from
`
`each other.
`
`Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over
`
`claim 1 of commonly owned U.S. Patent No. 10,224,963. Although the claims at issue are not
`
`identical, they are not patentably distinct from each other because as explained below.
`
`Instant application
`
`US Patent no.
`
`An integrated circuit for a
`
`a coder that generates a codeword
`
`10,224,963
`
`transmission apparatus comprising:
`
`sequence 5 that '5 made ”p 0f zxnb,
`
`at least one input which, in
`
`bits and satisfies Equation 1 for
`
`,
`.
`,
`operation, receives an input;
`
`information bit sequence u, using a
`
`
`
`control circuitry, which is coupled
`
`parity check matrix H, 2 being an
`
`integer equal to or greater than 1,
`
`nb being an integer equal to or
`
`

`

`Application/Control Number: 17/029,488
`Art Unit: 2112
`
`Page 7
`
`tn the at least one input and which,
`
`greater than 1, the codeword
`
`in taperatien, tentreie:
`
`sequence 5 being a sequence having
`
`generating a codeword sequence 5
`
`having a first ceding rate by
`
`performing a iew ciensity parity
`
`check (LDPC) encnding precees en
`
`intermatien bit sequence u te
`
`generate a parity bit sequente p,
`
`a parity bit sequence concatenated
`
`at a latter part of the information
`
`bit sequence u, the information bit
`
`sequence u being made up of
`
`zx{ivtnb) bits, the parity
`
`bit sequence being made up of zxmb
`
`bits, the codeword sequence 5 being
`
`the codeword sequence 5 being
`
`decoded at a decoder of
`
`made up at zxnb bite, the
`
`a communicating party, where
`
`intermatinn bit sequence u being
`
`(Equation 1)
`
`made up of zx{nb—mb) bits, the
`
`where the parity cheek matrix H is
`
`parity bit sequence p being made
`
`a parity check matrix of a low
`
`
`
`up of zxmb bite, 2 being an integer
`
`equal tn at greater than 1, nb being
`
`an integer equai tn or greater than
`
`1, mb being an integer equei to er
`
`greater than 1, the codeword
`
`sequence 5 being a sequence
`
`density parity check (LDPC) code of
`
`zxmb rows and zxns, columns
`
`configured by arranging submatrixes
`
`of 2 rows and 2 columns in mb, rows
`
`and nb columns, and the codeword
`
`sequence sis a codeword sequence
`
`made up of zxnb rows and 1
`
`having the parity bit sequence p
`
`column;
`
`concatenated at a latter part of the
`
`a puncturer that forms a punctured
`
`intermatien bit sequence u, the
`
`codeword sequence obtained by
`
`

`

`Application/Control Number: 17/029,488
`Art Unit: 2112
`
`Page 8
`
`codeword sequence 5 being
`
`removing bits from the codeword
`
`demded at a decoder of a
`
`sequence 5, using a puncturing
`
`communicating partner apparatus;
`
`forming a codeword sequence 5;)
`
`having a second coding rate by
`
`removing one or more sets of
`
`consecutive y bits from the pari’q,i
`
`hit. sequence p, by using a
`
`removing pattern indicating
`
`whether or not each set of hits
`
`pattern indicating whether or not
`
`bits are removed for each
`
`consecutive y bits from a first bit to
`
`a zxntrth bit of the codeword
`
`sequence 5, y being a divisor ofz;
`
`a modulator that modulates the
`
`punctured codeword sequence
`
`using a predetermined modulation
`
`scheme to generate a modulated
`
`modulated symbol sequence.”
`
`from a first bit to a zxmb-th bit of
`
`symbol sequence; and
`
`the parity hit sequence in are
`
`a transmitter that transmits the
`
`removed, 3; being a divisor of z;
`
`moduiating the codeword
`
`sequence 5;) having the second
`
`coding rate to generate a
`
`moduiated svmboi sequence; and
`
`transmitting a transmission frame
`
`inciuding the moduiated symboi
`
`SSQUEHCE
`
`

`

`Application/Control Number: 17/029,488
`Art Unit: 2112
`
`Page 9
`
`6.
`
`Similarly, Claims 1 and 2 are rejected on the ground of nonstatutory double patenting as being
`
`unpatentable over claim 1 of commonly owned U.S. Patent No. 10,819,370. Although the claims
`
`at issue are not identical, they are not patentably distinct from each other.
`
`Similarly, Claims 1 and 2 and 3 are rejected on the ground of nonstatutory double patenting as
`
`being unpatentable over claims 1 and 2 of commonly owned U.S. Patent No. 10,819,370.
`
`Although the claims at issue are not identical, they are not patentably distinct from each other.
`
`Similarly, Claims 1 and 2 and 3 and 4 are rejected on the ground of nonstatutory double
`
`patenting as being unpatentable over claims 1 and 2 and 3 of commonly owned U.S. Patent No.
`
`10,819,370. Although the claims at issue are not identical, they are not patentably distinct from
`
`each other.
`
`Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over
`
`claim 1 of commonly owned U.S. Patent No. 9,787,325. Although the claims at issue are not
`
`identical, they are not patentably distinct from each other because as explained below.
`
`Instant application
`
`US Patent no.
`
`An integrated circuit for a
`
`An encoder comprising:
`
`9,787325
`
`
`
`transmission apparatus comprising:
`
`3’: 80$??? that gefifii‘a’if-ES at (3056-35
`
`at ieast one input which, in
`
`sequence 5 ma i3 made UP 0?
`
`operation, receives an input;
`
`zxnb bits aim satisfies Equation
`
`.
`.
`,
`.
`.
`control Circwtry, which is coupled
`
`“l forinformation bit sequence
`
`u, using at parity check matrix
`
`

`

`Application/Control Number: 17/029,488
`Art Unit: 2112
`
`Page 10
`
`tn the at ieast ene input and which,
`
`H, 2 being an integer equai te
`
`in neeratinn, centreie:
`
`er greater than in nb being an
`
`generating a codeword sequence 5
`
`integer entiai te er greater than
`
`having a first ceding rate by
`
`i, where
`
`performing a iew density parity
`
`check (LDPC) enceding prncees en
`
`infermatien hit sequence LE to
`
`generate a parity hit sequenee p,
`
`the cedewerci sequence 5 being
`
`made un nt zxnb bite, the
`
`intermatien hit Sequence LE being
`
`made up of zxinb—rnti) bits, the
`
`(Equatien i}
`
`where the parity check rnatrix ti
`
`is; a parity cheek matrix at a iew
`
`density parity check (LDPC);
`
`cede of zxmb rewe and zxnb
`
`eeiumna eeniigured by
`
`arranging euhrnatrixee e? z
`
`rears and z eeiumne in me rewe
`
`and ne eeiurnne, and the needed
`
`
`
`parity bit sequence n being made
`
`sequence e is a netted
`
`up of zxmh bite, z heing an integer
`
`eequence ntade tie at zxnh
`
`equal tn er greater than 1, rib
`
`rewe anti '1 eeiurnn; anti
`
`being an integer equai to at
`
`3 puncturer that terms a
`
`greater than 1, mb being an integer
`
`trenen’rieeinn information bit
`
`equai tn or greater than 1, the
`
`eeeuenee entained by
`
`cedewerd sequence a being a
`
`removing hits; iron: the netted
`
`sequence having the parity hit
`
`sequence e, using either ene of
`
`sequence n cencatehated at a
`
`iatter part of the infern‘iatien hit
`
`{i} a iiret puncturing pattern
`
`indicating whether er net trite
`
`

`

`Application/Control Number: 17/029,488
`Art Unit: 2112
`
`Page 11
`
`sequence u, the cedewerci
`
`ere remeved for each
`
`sequence 5 being, eerx'irieti at e
`
`ecnseeutive y bits item a first
`
`deceder of e cornrnunicetinig,r
`
`hit it) a zxnetn bit at the ceded
`
`partner enparatus; termini; a
`
`sequence s, 3! being a divieer of
`
`cedeworti sequence 5;} having a
`
`seennd ending rate by rernnving
`
`one er more sets et consecutive y
`
`bits trnrn the parity nit sequence p,
`
`by using a remeving pattern
`
`indicating whether at net each set
`
`of bits item a first bit ta 3 zxmenth
`
`:5, {ii} e seccnci puncturing
`
`pattern indicating whether er
`
`not bits are retrieved for each
`
`censeeutive 2 bits train a first
`
`bit to e zxnhwth
`
`bit ei the
`
`ceded sequence s, and (iii) e
`
`third puncturing pattern
`
`indicating whether or net bits
`
`equai tc er greater then 2.
`
`hit at the parity hit sequence {.1 are
`
`are remeved ier each
`
`remeved, y neine> a divisor cat“ 2;
`
`consecutive zxk bits from a first
`
`meduiating the codeword
`
`bit te e zxnb—ih bit {if the ceded
`
`sequence 3;) having the secenti
`
`sequence 5, is: being an integer
`
`ceding rate te generate a
`
`meduieted symbei sequence; and
`
`transmitting a transmission frame
`
`inciutiing the metiuieteti synibei
`
`SEQUENCE.
`
`

`

`Application/Control Number: 17/029,488
`Art Unit: 2112
`
`Page 12
`
`10.
`
`11.
`
`12.
`
`Similarly, Claims 1 and 2 are rejected on the ground of nonstatutory double patenting as being
`
`unpatentable over claim 1 of commonly owned U.S. Patent No. 9,787,325. Although the claims
`
`at issue are not identical, they are not patentably distinct from each other.
`
`Similarly, Claims 1 and 3 are rejected on the ground of nonstatutory double patenting as being
`
`unpatentable over claims 1 and 2 of commonly owned U.S. Patent No. 9,787,325. Although the
`
`claims at issue are not identical, they are not patentably distinct from each other.
`
`Similarly, Claims 1 and 4 are rejected on the ground of nonstatutory double patenting as being
`
`unpatentable over claims 1 and 3 of commonly owned U.S. Patent No. 9,787,325. Although the
`
`claims at issue are not identical, they are not patentably distinct from each other.
`
`Conclusion
`
`Any inquiry concerning this communication or earlier communications from the examiner
`
`should be directed to SAMIR WADIE RIZK whose telephone number is (571)272-8191. The
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor,
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`Albert Decady can be reached on 571-272-3819. The fax phone number for the organization
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`where this application or proceeding is assigned is 571-273-8300.
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`

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`Application/Control Number: 17/029,488
`Art Unit: 2112
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`Page 13
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`/SAMIR W RIZK/
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`Primary Examiner, Art Unit 2112
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