`
`UNITED STATES DEPARTNJENT OF COIVIMERCE
`United States Patent and Trademark Oflice
`Address: COMMISSIONER FOR PATENTS
`P O Box 1450
`Alexandria, Virginia Z.7.3l3- 1450
`www.uspto.gov
`
`APPLICATION NO.
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`FILING DATE
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`FIRST NAMED INVENTOR
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`ATTORNEY DOCKET NO.
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`CONFIRIVIATION NO.
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`12/538.514
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`08/10/2009
`
`Sung Jun PARK
`
`0465—2287PUS1
`
`75 19
`
`06/11/2010
`7590
`2292
`BIRCH smwm KOLASCH&BIRCH
`PO BOX 747
`FAILS CHURCH, VA 22040-0747
`
`PEZZLO, JOHN
`
`2465
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`NOTIFICATION DATE
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`DELIVERY MODE
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`06/l 1/2010
`
`ELECTRONIC
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`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):
`mailroom@ bskb.com
`
`PTOL—90A (Rev. 04/07)
`
`ZTE/HTC
`Exhibit 1024-0001
`
`
`
`Office Action Summary
`
`Application No.
`
`12/538,514
`
`Examine,
`
`App|icant(s)
`
`PARK ET AL.
`
`M Unit
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE Q MONTH(S) OR THIRTY (30) DAYS,
`WHICHEVER IS LONGER, 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.
`If 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).
`
`Statu s
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`1)I:I Responsive to communication(s) filed on
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`2a)I:I This action is FINAL.
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`2b)IXI This action is non-final.
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`3)I:I 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 EX parte Quayle, 1935 C.D. 11,453 O.G. 213.
`
`Disposition of Claims
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`4)IZ C|aim(s)1-:15 is/are pending in the application.
`4a) Of the above c|aim(s)
`is/are withdrawn from consideration.
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`5)I:I Claim(s)
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`is/are allowed.
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`6)IXI Claim(s) 1 5 7 and 12-15 is/are rejected.
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`7)IZ Claim(s) 2-4 6 and 8-11 is/are objected to.
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`8)I:I Claim(s)j are subject to restriction and/or election requirement.
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`Application Papers
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`9)I:I The specification is objected to by the Examiner.
`10)IZ The drawing(s) filed on 10 August 2009 is/are: a)IZI accepted or b)I:I 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).
`
`11)I:I The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-152.
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`Priority under 35 U.S.C. § 119
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`12)|ZI Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`
`a)IZ All
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`b)I:I Some * c)I:I None of:
`Certified copies of the priority documents have been received.
`Certified copies of the priority documents have been received in Application No.
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`Copies of the certified copies of the priority documents have been received in this National Stage
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`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.
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`Attachment(s)
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`4) El Interview Summary (PTO-413)
`Paper NOIS)/M3“ Data j
`5) I:I Notice of Informal Patent Appllcatlon
`6) D Other:
`.
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`1) E Notice of References Cited (PTO-892)
`2) D Notice of Draftsperson‘s Patent Drawing Review (PTO—948)
`3) IZI Information Disclosure Statement(s) (PTO/SB/08)
`Paper N0(s)/Mail Date 3/31/10 11/27/09 10/02/09.
`U.S. Patent and Trademark Office
`PTOL—326 (Rev. 08-06)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20100604
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`ZTE/HTC
`Exhibit 1024-0002
`
`
`
`Application/Control Number: 12/5385 14
`Art Unit: 2465
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`DETAILED ACTION
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`Claim Rejections - 35 USC § 102
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`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the
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`basis for the rejections under this section made in this Office action:
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`A person shall be entitled to a patent unless —
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`(e) the invention Was described in (1) an application for patent, published under section l22(b), by another filed
`in the United States before the invention by the applicant for patent or (2) a patent granted on an application for
`patent by another filed in the United States before the invention by the applicant for patent, except that a11
`international application filed under the treaty defined in section 35l(a) shall have the effects for purposes of this
`subsection of an application filed in the United States only if the international application designated the United
`States and was published under Article 21(2) of such treaty in the English language.
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`Claims 1, 5, 7, and 12-15 are rejected under 35 U.S.C. l02(e) as being anticipated by Ou
`
`et al. (US 2010/0034162 A1) hereinafter Ou.
`
`Regarding claim 1 — Ou discloses receiving an uplink grant (UL Grant) signal from a
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`base station on a specific message, determining whether there is data stored in a message 3
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`(Msg3) buffer when receiving the UL Grant signal on the specific message, determining Whether
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`the specific message is a random access response message, and transmitting the data stored in the
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`Msg3 buffer to the base station using the UL Grant signal received on the specific message, if
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`there is data stored in the Msg3 buffer when receiving the UL Grant signal on the specific
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`message and the specific message is the random access response message, refer to paragraphs
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`[0007], [ooos], [0o15, [0016], [0038], [0o39]. Ou discloses receiving an uplink grant on a
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`ZTE/HTC
`Exhibit 1024-0003
`
`
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`Application/Control Number: 12/538,514
`Art Unit: 2465
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`Page 3
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`specific message and transmitting a message 3 stored in a buffer in response to a random access
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`I'CS]’)OI1S6 message.
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`2.
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`Regarding claims 5 and 13 — Ou discloses the data stored in the Msg3 buffer is a Medium
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`Access Control Protocol Data Unit (MAC PDU) including a user equipment identifier, refer to
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`paragraph [0008].
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`3.
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`Regarding claims 14 and 15 — Ou discloses the UL Grant signal received on the specific
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`message is either a UL Grant signal received on a Physical Downlink Control Channel (PDCCH)
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`or a UL Grant signal received on the random access response message, refer to [0007], [0008],
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`[00l5, [00l6], [0038], [0039].
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`4.
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`Regarding claim 7 — Ou discloses a reception module adapted to receive an uplink grant
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`(UL Grant) signal from a base station on a specific message, a transmission module adapted to
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`transmit data to the base station using the UL Grant signal received on the specific message, a
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`message 3 (Msg3) buffer adapted to store UL data to be transmitted in a random access
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`procedure, and a Hybrid Automatic Repeat Request (HARQ) entity adapted to determine
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`whether there is data stored in the Msg3 buffer when the reception module receives the UL Grant
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`signal and the specific message is a random access response message, acquiring the data stored
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`in the Msg3 buffer if there is data stored in the Msg3 buffer when the reception module receives
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`the UL Grant signal and the specific message is the random access response message, and
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`controlling the transmission module to transmit the data stored in the Msg3 buffer to the base
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`ZTE/HTC
`Exhibit 1024-0004
`
`
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`Application/Control Number: l2/538,514
`Art Unit: 2465
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`Page 4
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`station using the UL Grant signal received by the reception module on the specific message, refer
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`to [o0o7], [ooos], [o015, [00l6], [0038], [0o39].
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`5.
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`Regarding claim 12 — Ou discloses the UL Grant signal received by the reception module
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`on the specific message is a UL Grant signal received on a random access response message
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`received on Physical Downlink Shared Channel (PDSCH), and wherein the HARQ entity
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`controls the data stored in the Msg3 buffer to be transmitted using the UL Grant signal received
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`on the random access response message if there is data stored in the Msg3 buffer when the
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`reception module receives the UL Grant signal on the random access response message, refer to
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`[0007], [0008], [00l5, [00l6], [0038], [0039].
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`Allowable Subject Matter
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`Claims 2-4, 6, and 8-11 are objected to as being dependent upon a rejected base claim,
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`but would be allowable if rewritten in independent form including all of the limitations of the
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`base claim and any intervening claims.
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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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`ZTE/HTC
`Exhibit 1024-0005
`
`
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`Application/Control Number: 12/538,514
`Art Unit: 2465
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`Page 5
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`1.
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`Maheshwari et al. (US 2010/0037113 A1) discloses utilizing HARQ for uplink grants
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`received in wireless communications.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to John Pezzlo whose telephone number is (571) 272-3090. The
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`examiner can normally be reached on Monday to Friday from 8:30 AM to 4:30 PM.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
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`supervisor, Jay Patel, can be reached on (571) 272-2988. The fax phone number for the
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`organization Where this application or proceeding is assigned is (571) 273-8300.
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`Any inquiry of a general nature or relating to the status of this application or proceeding
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`should be directed to the receptionist whose telephone number is (571) 272-2600.
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`Any response to this action should be mailed to:
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`Commissioner of Patents and Trademarks
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`Washington, D .C.
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`or faxed to:
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`(571)273-8300
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`For informal or draft communications, please label "PROPOSED" or "DRAFT"
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`Hand delivered responses should be brought to:
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`Jefferson Building
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`2A15
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`500 Dulany Street
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`Alexandria, VA, 223 13.
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`ZTE/HTC
`Exhibit 1024-0006
`
`
`
`Application/Control Number: 12/538,514
`Art Unit: 2465
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`John Pezzlo
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`4 June 2010
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`/John Pezz10/
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`Primary Examiner, Art Unit 2465
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`ZTE/HTC
`Exhibit 1024-0007