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
`
`17/052,408
`
`11/02/2020
`
`Tetsuya YAMAMOTO
`
`733456.607USPC
`
`1088
`
`Seed IP Law Group LLP/Panasonic (PIPCA)
`701 5th Avenue, Suite 5400
`Seattle, WA 98104
`
`SHARMA, GAUTAM
`
`ART UNIT
`
`2467
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`03/25/2022
`
`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)
`
`

`

`
`
`Disposition of Claims*
`1-10 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`5a) Of the above claim(s) ___ is/are withdrawn from consideration.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) 1,3-4,6 and 9-10 is/are rejected.
`Claim(s) 2,5 and 7-8 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 11/02/2020 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:
`c)() None ofthe:
`b)( Some**
`a) All
`1.4) Certified copies of the priority documents have been received.
`2.1) Certified copies of the priority documents have beenreceived in Application No.
`3.1.) 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)
`
`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 20220320
`
`Application No.
`Applicant(s)
`17/052,408
`YAMAMOTOetal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`GAUTAM SHARMA
`2467
`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 11/02/2020.
`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.
`
`

`

`Application/Control Number: 17/052,408
`Art Unit: 2467
`
`Page 2
`
`DETAILED ACTION
`
`Notice of Pre-AIA or AIA Status
`
`1.
`
`The present application, filed on or after March 16, 2013,
`
`is being examined underthe first
`
`inventor to file provisions of the AIA.
`
`2.
`
`Claims 1-10 are pending.
`
`Claim Rejections - 35 USC § 103
`
`3.
`
`The following is a quotation of 35 U.S.C. 103 which formsthe basis for all obviousness
`
`rejections set forth in this Office action:
`
`A patent fora claimed invention may not be obtained, notwithstanding that the claimed invention is not
`identically disclosed as set forthin section 102, if the differences between theclaimed 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 theclaimed invention pertains.
`Patentability shallnot be negated by the manner in which the invention was made.
`
`4,
`
`The factual inquiries for establishing a background for determining obviousness under 35 U.S.C.
`
`103 are summarized as follows:
`
`1. Determining the scope and contents of the prior art.
`2. Ascertaining the differences between the prior art and the claimsat issue.
`3. Resolving the level of ordinary skill
`in the pertinent art.
`4. Considering objective evidence present in the application indicating obviousness or
`nonobviousness.
`
`5.
`
`Claims 1, 3, 4, 6,9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Sano et
`
`al, application no. 2019/0191443, hereinafter known as Sanoin view of 3GPP TSG RAN WG! Meeting
`
`#92, R1-1804947, Chennai, China, April 16th — 20th, 2018, Source: Mitsubishi Electric,Title:
`
`

`

`Application/Control Number: 17/052,408
`Art Unit: 2467
`
`Page 3
`
`Discussions on UL multiplexing, Agenda Item:7.2.4 Study ofhandling UL multiplexing of transmissions
`
`with different reliability requirements, hereinafter known as Mitsubishi.
`
`6.
`
`As to claim 1, Sano discloses a terminal, comprising: circuitry, which, in operation, determines
`
`a transmission operation ofa first transmission correspondingto a first service, anda second
`
`transmission corresponding to a secondservice, based onthe first transmission and notification
`
`received by terminal (Sano, Figure 3, [0056]-[0066], base station allocates to terminal first and second
`
`transmission resources and a notification for a transmission operation thereof, that the Terminal uses to
`
`determine transmission operation for first (transmission for eMBB) and second transmission
`
`(transmission for URLLC), and a transmitter, which in operation, transmits an uplink signal including
`
`atleasta signal of the first transmission based on the determinedtransmission operation (Sano,figure
`
`
`3, [0056]-[0061], step). base station notifies the terminal of when to send URLLC in place of eMBB
`
`([0057]). Sano does not expressly disclose the notification is reference signal however Mitsubishi
`
`dicloses anda setting of a reference signal included in the secondtransmission (Mitsubishi, section3.1,
`
`use of pre-emption indication, (ie. Unlink preemption indication (that can be part of a reference signal
`
`as known in the art) used to indicate to the terminal transmission operation of eMBB and URLLC
`
`communication).
`
`7.
`
`It would have been obvious to one of ordinary skill
`
`in the art before the effective filng date of
`
`the claimed invention to modify the teachings of Sano to include the limitations of and a setting of a
`
`reference signal included in the second transmission as taught by Mitsubishi. Use of reference signals
`
`are knownin the art that the base station/network use to provide control information to a terminal such
`
`as resource allocations and the transmission operation thereof.
`
`

`

`Application/Control Number: 17/052,408
`Art Unit: 2467
`
`Page 4
`
`8.
`
`Asto claim 3, Sano discloses the terminal according to claim 1. Sano does not does not disclose
`
`however Mitsubishi dicloses when the first transmission and the second transmission overlap with each
`
`other, the circuitry shifts a first transmission section to a section other than a section wherethe first
`
`transmission section correspondingto the first transmission overlaps with a second transmission section
`
`corresponding to the secondtransmission, in a case that the reference signal is included in the
`
`overlapping section (Mitsubishi, section 3.5 and 3.6, when transmission for URLLC and eMBB overlap
`
`than eMBB communication including relevant reference signal of eMBB aresentat a later time)
`
`9.
`
`It would have been obvious to one of ordinary skill
`
`in the art before the effective filmg date of
`
`the claimed invention to modify the teachings of Sano to include the limitations of when the first
`
`transmission and the secondtransmission overlap with each other, the circuitry shifts a first
`
`transmission section to a section other than a section wherethe first transmission section corresponding
`
`to the first transmission overlaps with a secondtransmission section corresponding to the second
`
`transmission, in a case that the reference signalis included in the overlapping section as taught by
`
`Mitsubishi. The shifting a communication such aseMBB instead of discarding or omitting it ensures
`
`important eMBB data is also communicated eventually including reference signal.
`
`10.
`
`Asto claim 4, Sano and Mitsubishi discloses the terminal according to claim 3. Sano does not
`
`does not disclose however Mitsubishi dicloses wherein the circuitry performs the second transmission in
`
`a section other than a section to whichthe first transmission has been shifted in the se cond transmission
`
`section (Mitsubishi, section 3.5 and 3.6, second transmission is performedatlater times afterfirst
`
`transmission has performed in place of the second transmission).
`
`

`

`Application/Control Number: 17/052,408
`Art Unit: 2467
`
`Page 5
`
`il.
`
`It would have been obvious to one of ordinary skill
`
`in the art before the effective filng date of
`
`the claimed invention to modify the teachings of Sano to include the limitations of wherein the circuitry
`
`performs the secondtransmission in a section other than a section to which the first transmission has
`
`been shifted in the second transmission section as taught by Mitsubishi. URLLC operation is generally
`
`performed in place or instead of eMBB operation where URLLC comprises morecritical, prioritized
`
`data in the art.
`
`12.
`
`As to claim 6, Sano dicloses wherein the circuitry cancels the second transmission in the shifted
`
`first transmission section anda section after the shiftedfirst transmission section in the second
`
`transmission section (Sano, Figure 2, 3, 4A-4C, eMBB communication is cancelled and URLLC
`
`communication is preferably performed in its place; [0066], eMBB communication is completed after
`
`URLCC communication is completed).
`
`13.
`
`Asto claim 9, Sano and Mitsubishi discloses the terminal according to claim 3. Sano does not
`
`does not disclose however Mitsubishi dicloses wherein the circuitry sets the reference signal after a first
`
`transmission section correspondingto the first transmission in a secondtransmission section
`
`corresponding to the second transmission, when the reference signal is not includedin the first
`
`transmission section or a section after the first transmission section in the secondtransmission section
`
`(Mitsubishi, section 3.5 and 3.6, when transmission for URLLC and eMBB overlap than eMBB
`
`communication including relevant reference signal of eMBB aresentata later time, thatis if reference
`
`signal for eMBB is not included,
`
`it is sent at a later time).
`
`

`

`Application/Control Number: 17/052,408
`Art Unit: 2467
`
`Page 6
`
`14.
`
`It would have been obvious to one of ordinary skill
`
`in the art before the effective filng date of
`
`the claimed invention to modify the teachings of Sano to include the limitations of wherein the circuitry
`
`sets the reference signal after a first transmission section corresponding to the first transmission in a
`
`second transmission section corresponding to the second transmission, when the reference signal is not
`
`includedin the first transmission section or a section after the first transmission section in the second
`
`transmission section as taught by Mitsubishi. The shifting a communication such as eMBB instead of
`
`discarding or omitting it ensures important eMBB data is also communicated eventually including
`
`reference signal.
`
`15.
`
`Asto claim 10, the claim is rejected as applied to claim 1 above by Sano in view of Mitsubishi.
`
`Allowable Subject Matter
`
`16.
`
`Claims 2, 5,7 and 8 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 GAUTAM SHARMAwhosetelephone numberis (571)270-7182. The examiner
`
`can normally be reached 1lam-8pm.
`
`

`

`Application/Control Number: 17/052,408
`Art Unit: 2467
`
`Page 7
`
`Examiner interviews are available via telephone, in-person, and video conferencing using a
`
`USPTOsupplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use
`
`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,
`
`Hassan Phillips can be reached on 571-272-3940. The fax phone number for the organization wherethis
`
`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://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and
`
`https://www.uspto.gov/patents/docx for information about filing 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.
`
`/GAUTAM SHARMA/
`Examiner, Art Unit 2467
`
`/HASSAN A PHILLIPS/
`Supervisory Patent Examiner, Art Unit 2467
`
`