`geste
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`DATE MAILED: 11/06/2024
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`17/629,042
`
`01/21/2022
`
`Noriyuki GEJOH
`
`WASHN-65621
`
`2026
`
`TITLE OF INVENTION: CONTROL DEVICE, AND CONTROL METHOD
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`17/629,042
`TITLE OF INVENTION: CONTROL DEVICE, AND CONTROL METHOD
`
`Noriyuki GEJOH
`
`WASHN-65621
`
`2026
`
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`NGUYEN, LIEM HONG
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`01/21/2022
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`Noriyuki GEJOH
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`WASHN-65621
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`2026
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`DATE MAILED: 11/06/2024
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`.
`
`.
`
`171629,042
`
`GEJOH, Noriyuki
`
`LIEM_H NGUYEN
`
`2416
`
`Yes
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address--
`All claims being allowable, PROSECUTION ON THE MERITS IS (OR REMAINS) CLOSED in this application. If not included
`herewith (or previously mailed), a Notice of Allowance (PTOL-85) or other appropriate communication will be mailed in due course. THIS
`NOTICE OF ALLOWABILITY IS NOT A GRANTOF PATENTRIGHTS.This application is subject to withdrawal from issue at the initiative
`of the Office or upon petition by the applicant. See 37 CFR 1.313 and MPEP 1308.
`1.[¥] This communication is responsive to communication filed January 21, 2022.
`(J A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`.
`
`2._) Anelection was madeby the applicant in responseto a restriction requirement set forth during the interview on
`restriction requirement and election have been incorporatedinto this action.
`
`; the
`
`3.{Y] The allowed claim(s)is/are 1-4, and 6-9 (Renumbered 1-8) . As a result of the allowed claim(s), you may beeligible to benefit from
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`* Certified copies not received:
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`5.1) CORRECTED DRAWINGS (as "replacement sheets") must be submitted.
`() including changes required by the attached Examiner's Amendment / Commentor in the Office action of
`Paper No./Mail Date
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`sheet. Replacement sheet(s) should be labeled as such in the header according to 37 CFR 1.121(d).
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`6.1) DEPOSIT OFand/or INFORMATION aboutthe deposit of BIOLOGICAL MATERIAL must be submitted. Note the
`attached Examiner's comment regarding REQUIREMENT FOR THE DEPOSIT OF BIOLOGICAL MATERIAL.
`
`4[¥} Acknowledgmentis made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`c) [4 Noneofthe:
`a) JAII
`b) (1) Some*
`1.
`Certified copies of the priority documents have been received.
`2. (| Certified copies of the priority documents have been received in Application No.
`3. [1 Copiesof the certified copies of the priority documents have been receivedin this national stage application from the
`International Bureau (PCT Rule 17.2(a)).
`
`Examiner, Art Unit 2416
`
`Attachment(s)
`
`1.[¥] Notice of References Cited (PTO-892) 5.(¥|Examiner's Amendment/Comment
`2.[¥) Information Disclosure Statements (PTO/SB/08),
`6.
`Examiner's Statement of Reasons for Allowance
`Paper No./Mail Date
`.
`3.1) Examiner's Comment Regarding Requirementfor Deposit
`of Biological Material
`4.) Interview Summary (PTO-413),
`Paper No./Mail Date.
`/LIEM H. NGUYEN/
`
`7. (J Other
`
`.
`
`U.S. Patent and Trademark Office
`PTOL-37 (Rev. 08-13)
`
`Notice of Allowability
`
`.
`Part of Paper No./Mail Date 20241031
`
`

`

`DETAILED ACTION
`
`1.
`
`The present application,filed on or after March16, 2013, is being examined under thefirst
`
`inventor to file provisions of the AIA.
`
`Allowable Subject Matter
`
`2.
`
`After conducting a complete searchand consideration, claims 1-4, and 6-9 (Renumbered 1-8) are
`
`found to be allowable. Claims 1-4, and 6-9 are considered allowable since no prior art reference alone or
`
`combination of prior art references disclose or suggest the combination oflimitations specified in the
`
`independent claims.
`
`EXAMINER’S AMENDMENT
`
`3.
`
`An examiner’s amendmentto the record appears below. Should the changes and/or additions be
`
`unacceptable to applicant, an amendment may befiled as provided by 37 CFR 1.312. To ensure
`
`consideration of such an amendment, it MUST be submitted no later thanthe payment of the issue fee.
`
`Authorization for this examiner’s amendmentwas given in an interview and/or subsequent
`
`authorized email exchange with Nicholas Owens (on behalf of Nobuhiko Sukenaga, Reg. No. 39,446) on
`
`September 12, 2024.
`
`The application has been amended as follows (see claim(s) with “Currently Amended”or
`
`“Cancelled” prefix below):
`
`1. (Currentlyamended)
`
`A control apparatus that performs channel assignment for a
`
`terminal supporting a first radio system and belonging to a first network, the control
`
`apparatus comprising:
`
`a receiver, which in operation, acquires a classification result of classifying
`
`interference detected in each of a plurality of channels as first interference and second
`
`interference other than thefirst interference, the first interference being interference from
`
`a radio apparatus that supports the first radio system and belongsto the first network,
`
`and
`
`

`

`a controller, which in operation,
`
`determines an in-control traffic amount to be distributed to the terminalin
`
`each of the plurality of channels based on asum of an out-of-control traffic amountin each
`
`of the plurality of channels and the in-control traffic amount, the out-of-control traffic
`
`amount being determined according to an interference amountofthe secondinterference,
`
`and
`
`determines, based on the in-control traffic amount, a numberof a plurality
`
`of the terminals to be assigned to each of the plurality of channels,
`
`wherein the controller determines the in-control traffic amount in each of the plurality of
`
`channels so that the sum of the out-of-control traffic amount_and the in-control traffic
`
`amount is equal toor less than a predetermined upperlimit.
`
`2. (Original) The control apparatus according toclaim 1, wherein,
`
`the interference amount of the second interference correlates with channel
`
`utilization, and
`
`the out-of-control traffic amount is any one of a packet delivery ratio, a packet
`
`arrival ratio, and/or a packet collision ratio that are convertedfrom the channelutilization.
`
`3. (Original)|The control apparatus according to claim 1, wherein the controller uses a
`
`waterfilling algorithm to determine the in-control traffic amount in each of the plurality
`
`of channels so that the sum of the out-of-control traffic amount and the in-controltraffic
`
`amount is within a predetermined range.
`
`4, (Original) The controlapparatus according to claim 3, whereinthe controller does not
`
`distribute the in-control traffic amount to a channel in which the out-of-control traffic
`
`amount is equal toor greater thanan upperlimit defining the predetermined range.
`
`5. (Cancelled)
`
`6. (Original) The control apparatus according to claim 1, wherein,
`
`the receiver acquiresa plurality of the classification results from a plurality of base
`
`stations, and
`
`the controller determines the in-control traffic amount in each of the plurality of
`
`

`

`channels for each of the plurality of base stations.
`
`7. (Original) The control apparatus according to claim 1, wherein the out-of-control traffic
`
`amount is determined for each of the plurality of channels based on an interference
`
`amount of third interference froma radio apparatus that supports a second radio system
`
`having priority higher than that of the first radio system, the third interference being
`
`included in the second interference.
`
`8.
`
`(Original)
`
`The contro! apparatus according to claim 1, wherein the controller
`
`determines the terminal to be assigned to each of the plurality of channels based on a
`
`condition on communication quality of the terminal and/or a condition on communication
`
`repetitions required of the terminal.
`
`9. (Currently amended)
`
`A control methodfor performing channel assignment for a
`
`terminal that supports a first radio system and belongs to a first network, the control
`
`method comprising:
`
`acquiring a classification result of classifying interference detected in each of a
`
`plurality of channels as first interference and second interference other than the first
`
`interference, the first interference being interferencefrom a radio apparatus that supports
`
`the first radio system and belongsto the first network;
`
`determining an in-control traffic amount to be distributed to the terminal in each of
`
`the plurality of channels based on a sum of an out-of-control traffic amount in each of the
`
`plurality of channels and the in-control traffic amount, the out-of-control traffic amount
`
`being determined according to an interference amountof the second interference; and
`
`determining, based on the in-control traffic amount, a numberof a plurality of the
`
`terminals to be assigned to each of the plurality of channels,
`
`wherein the in-control traffic amount in each of the plurality of channels is determined so
`
`that the sum of the out-of-control traffic amount and the in-control traffic amountis equal
`
`to or less than a predetermined upperlimit.
`
`

`

`Application/Control Number: 17/629,042
`Art Unit: 2416
`
`Page 2
`
`4.
`
`The following isan examiner’s statement of reasonsfor allowance:
`
`Reasons for Allowance
`
`The combination oflimitations involving a method of and/or a control apparatus that
`
`performs channel assignmentfor a terminal supporting a first radio system and belonging toa
`
`first network, the control apparatus comprising: a receiver, which in operation, acquires a
`
`classification result of classifying interference detectedin each of a plurality of channels as first
`
`interference and secondinterference other than thefirst interference, the first interference
`
`being interference from a radio apparatus that supportsthe first radio system and belongs to
`
`the first network; and a controller, which in operation, determines an in-control traffic amount
`
`to be distributed to the terminal in each of the plurality of channels based on asum of anout-
`
`of-control traffic amount in each of the plurality of channels and the in-control traffic amount,
`
`the out-of-control traffic amount being determined according to an interference amountof the
`
`second interference, and determines, based on the in-control traffic amount, anumber of a
`
`plurality of the terminals tobe assigned to each of the plurality of channels, wherein, the in-
`
`control traffic amount in each of the plurality of channels is determined so that the sum of the
`
`out-of-control traffic amount and the in-control traffic amount is equal toor less thana
`
`predetermined upper limit.
`
`The closest prior art of record includes Khoshnevisan (US Patent Application Publication,
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`20180063844), Nakayama (US Patent Application Publication, 20170251481), Kudo (Japanese Patent
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`Application Publication, JP2013081089A,Also in Applicant’s IDS), and Miyata (US Patent Application
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`Publication, 20110136499). Khoshnevisan teachesallocating (or assigning) channels to different groups
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`of wireless nodes in the case of co-channel coexistence between the different groups and interference
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`to one or moreother wireless nodes. One example method generallyincludes evaluating, for different
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`assignments of channels to different groups of wireless devices that share bandwidth, an amountof
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`

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`Application/Control Number: 17/629,042
`Art Unit: 2416
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`Page 3
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`transmission limitation imposed due to higher-tier protection, and assigning one or more of the
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`channels to each of the groups, based on the evaluation. Nakayama describes a communication
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`controller to calculate an expected value of an interference amountin a first wireless communication
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`apparatus anda second wireless communication apparatus on the basis ofa first use probability in a
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`first frequency bandwidth, a second use probability in a second frequency bandwidth, the first and
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`second frequency bandwidth being calculated on the basis of the traffic of a terminal apparatus, and
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`received power ofa signal received by the first wireless communication apparatus from the second
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`wireless communication apparatus, assigna first or second channel to the first and second wireless
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`communication apparatuses on the basis of the expected value, and notify the first or second channel
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`which has been assigned tothefirst and second wireless communication apparatuses. Kudo conveys a
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`central control station to acquire an interference state measured in each ofa plurality of base stations,
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`to assign each base station to each of a plurality of channels so that the totalsum of an interference
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`amount in each channel becomes lower. ... to assign to one channel a base station excluding a base
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`station having a largest interference amount among the entire base stations, and repeats the
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`assignmentof base stations to other channels in order from the base station having the largest
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`interference amount to the smallest until a predetermined criterion is satisfied. Miyata teaches a radio
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`base station to allocate one of a first communication channel (large-interference channel) and asecond
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`communication channel (small-interference channel) to a radio terminal (radio terminal MS), thefirst
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`communication channel affected by interference from an interference source (e.g. radio base station
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`BS2, radio base station BS3), the second communication channel less affected by the interference from
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`the interference source than thefirst communication channel; ... to execute radio communication with
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`the radio terminal via a communication channel allocated by the channel allocation unit; and ... to
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`determine interference cancellation performance that is performance to cancel the influence of
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`interference in at least one of the radio terminal and the radio base station. ... to allocate one of the first
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`

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`Application/Control Number: 17/629,042
`Art Unit: 2416
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`Page 4
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`communication channel and the second communication channel to the radio terminal based on the
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`interference cancellation performance determined by the performance determination unit. However,
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`the combination of the aforementioned prior art references does not teach, in an obvious manner, the
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`controller ... determines an in-control trafficamount to be distributed to the terminal in each of the
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`plurality of channels based on a sum of an out-of-control traffic amount in each of the plurality of
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`channels and the in-control traffic amount, the out-of-control traffic amount being determined according
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`to an interference amount of the second interference, and determines, based on the in-controltraffic
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`amount, a numberof a plurality of the terminals to be assigned to each of the plurality of channels,
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`wherein, the in-control traffic amount in each of the plurality of channels is determined so that the sum
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`of the out-of-control traffic amount and the in-control traffic amount is equal to or less thana
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`predetermined upperlimit. Per the specification of the instant application, “in-control”
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`|”
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`and “out-of-
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`control” traffic are interpreted described in various places including {| [0032-0033] and 4 [0081]; e.g.,
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`[0032]: “...an interference signal received by a radio apparatus belonging to NW#1 from another radio
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`apparatus belonging to NW#1 may be referredto as an"in-controlsignal”...”, and {| [0033]: “...
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`interference received by a radio apparatus belonging to NW#1 from a radio apparatus not belonging to
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`NW#1 may bereferred to as "out-of-controlinterference”...” Therefore, the claims are allowable over
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`the prior art.
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`Any comments considered necessary by applicant must be submitted no later than the payment
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`of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such
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`submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
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`

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`Application/Control Number: 17/629,042
`Art Unit: 2416
`
`Page5S
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`/LIEMH. NGUYEN/
`Examiner,Art Unit 2416
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`