Case 6:14-cv-00982-KNM Document 147-10 Filed 11/09/15 Page 1 of 15 PageID #: 1463
`Case 6:14-cv-00982-KNM Document 147-10 Filed 11/09/15 Page 1 of 15 PagelD#: 1463
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`EXHIBIT 10
`EXHIBIT 10
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`Case 6:14-cv-00982-KNM Document 147-10 Filed 11/09/15 Page 2 of 15 PageID #: 1464
`
`PATENT
`Attorney Docket No, 194.0033-00000
`Customer No. 22882
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`)
`In re Application of:
`)
`Chunli Wu et al.
`)
`Serial No.: 13/164,266
`)
`Filed: June 20, 2011
`For: CARRIER AGGREGATION
`)
`\NITH POWER HEADROOM REPORT )
`
`Confirmation No.: 1517
`
`Group Art Unit 2476
`Examiner: Ronald B. Abelson
`
`Mail Stop AMENDMENT
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`Sir:
`
`AMENDMENT
`
`In reply to the Office Action dated May 23, 2014 ("Office Action"), please amend
`
`the application as follows:
`
`Amendments to the Claims are reflected in the listing of claims, which begins on
`
`page 2 of this paper.
`
`Remarks begin on page 9 of this paper.
`
`Amendment
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`

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`Case 6:14-cv-00982-KNM Document 147-10 Filed 11/09/15 Page 3 of 15 PageID #: 1465
`
`Application NOe 13i164,266
`Amendment dated July 15, 2014
`Reply to Office Action of May 23,2014
`
`Amendments to the Claims:
`
`Tllis listing of claims will replace all prior versions, and listings, of claims in the
`
`application:
`
`Listing of Claims:
`
`1.
`
`(currently amended) A method, comprising:
`
`configuring a user equipment to send a power headroom report control
`
`element in an uplink, 'Nfl.8feifl the power headroom report control element
`
`includes a bitmap indicating which power headroom reports are being reported;
`
`receiving the power headroom report control element from the user
`
`equipment; 8ftE!
`
`processing the received power headroom report control element based on
`
`the configuration of the user equipment; and
`
`processing the received power headroom report control element by
`
`Qrocessing the bitmaQ to include bits for gower headroom reQorts for a Qlurality
`
`of secondary cells.
`
`2.
`
`(currently amended) The method of claim 1, further comprising processing the
`
`received power headroom report control element, wherein the bitmap is in one
`
`of: a MAC sublleader andor---i-n a payload.
`
`3.
`
`(currently amended) The method of claim 1, further comprising processing the
`
`received power headroom report control element, \vherein the bitmap comprises
`
`wherein tile power headroom report control element includes at least one ~
`
`of: a type 1 power headroom report for a primary serving cell 9f-and a type 2
`
`power headroorn report for the primary serving cell.
`
`4.
`
`(currently amended) The method of claim -1-Q., wherein the type 1 power
`
`headroom reQort is computed as P cmax.lC minus Qhysical uQlink shared
`
`channel (PUSCH} power, and the type 2 power headroom report is computed as
`
`P cmax,c minus physical uplink control channel (PUCCH) power minus PUSCH
`
`powerfurther comprising processing the received power headroom report control
`
`-2-
`
`

`

`Case 6:14-cv-00982-KNM Document 147-10 Filed 11/09/15 Page 4 of 15 PageID #: 1466
`
`Application NOe 13i164,266
`Amendment dated July 15, 2014
`Reply to Office Action of May 23,2014
`
`element, 'Nherein the bitmap comprises bits for power headroom reports for a
`
`plurality of secondary cells.
`
`5.
`
`(currently amended) A method, comprising:
`
`preparing a power headroom report control element, based on a trigger
`configured by a base station, wherein the trigger determines determining when a
`
`the power headroom report control element is to be sent in an uplink, where+n
`
`the preparing of the gower headroom reQort control element includes
`
`incorporating a bitmap indicating which power headroom reports are being
`
`reported, the preparing of the power headroom report control element further
`
`includes gregaring the bitmag to include bits for Qower headroom reQorts for a
`
`Qluralitv of secondary cells; and
`
`sending the prepared power headroom report control element to the base
`
`station.
`
`6.
`
`(currently amended) The method of claim 5, wherein the preparing of the Qower
`
`headroom reQort control element comprises includes preparing the bitmap in one
`
`of: a MAC subheader andef-i.R a payload.
`
`7.
`
`(currently amended) The method of claim 5, wherein the preparing the power
`
`headroom report control element includescomprises preparing the bitmap to
`
`iHcltid-e at least one bit--for--of: a type 1 power headroom report for a primary
`
`8.
`
`serving cell or--and a type 2 power headroom report for the primary serving cell.
`(currently amended) The method of claim 5I, wherein the tYQe 1 Qower
`headroom report is computed as P cmax,c minus physical uplink shared
`
`channel (PUSCH} power ... and the type 2 power headroom reQort is comQuted as
`
`P cmax,c rllinus Qtwsical uQlink control channel (PUCCH} power minus PUSCH
`
`powervvherein the preparing the control element comprises preparing the bitmap
`
`to include bits for power headroom reports for a plurality of secondary cells.
`
`9.
`
`(currently amended) A non-transitory computer readable medium encoded with a
`
`computer program that, when executed in hardware, causes the hardware to
`
`perform a process, the process comprising:
`
`-3-
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`

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`Case 6:14-cv-00982-KNM Document 147-10 Filed 11/09/15 Page 5 of 15 PageID #: 1467
`
`Application NOe 13i164,266
`Amendment dated July 15, 2014
`Reply to Office Action of May 23,2014
`
`providing configuring a user equipment to send a power headroom report
`
`control element in an uplink, 'Nherein the power headroom report control element
`
`includes a bitmap indicating which power headroom reports are being reported;
`
`receiving the power headroom report control element from the user
`
`equipment; ar-1G
`
`processing the received power headroom report control element based on
`
`the configuration of the user equipment: and
`
`grocessing the received gower headroorll regort control element by:
`
`processing the bitmap to include bits for power headroom reports for a plurality
`
`of secondary: cells.
`
`10.
`
`(currently amended) The non-transitory computer readable medium of claim 9,
`
`'Nherein the process includes processing the received power headroom report
`
`control element, wherein the power headroom report control element includes
`
`the bitmap in one of: a MAC subheader andeHfl. a payload.
`
`11.
`
`(currently amended) The non-transitory computer readable medium of claim 9,
`
`wAere+A fAe ~meess ffie+bfdes f*"Gcessifi§ fhe feC8-fveG P9'Nef f1.eadfGOfR- fej:39ff
`
`control element, \"lherein the bitmap comprises wherein the power headroom
`
`regort control element includes at least one bit for of: a type 1 power headroom
`
`report for a primary serving cell or--and a type 2 power headroom report for the
`
`primary serving cell.
`
`12.
`
`(currently amended) The non-transitory computer readable medium of claim 911,
`
`wherein the ty:pe 1 power headroom report is computed as P cmax,c minus
`
`Qhysical uRlInk shared channel (PUSCH) Rower.! and the tYRe 2 gower headroom
`
`regort is computed as P cmax,c rllinus ghy:sical uglink control channel (PUCCH}
`
`power minus PUSCH powerwherein the process includes processing the
`
`received power headroom report control element, 'Nherein the bitmap comprises
`
`bjts--fer::--j:39wer---heaGr-G9ffi--r-eper-is--fer::--a-~lttr-a-l-ify-Gf--secGAG8-r::,y--Bel-l-&e
`
`13.
`
`(currently amended) A non-transitory computer readable medium encoded with a
`
`computer program that, when executed in hardware, causes the hardware to
`
`-4-
`
`

`

`Case 6:14-cv-00982-KNM Document 147-10 Filed 11/09/15 Page 6 of 15 PageID #: 1468
`
`Application NOe 13i164,266
`Amendment dated July 15, 2014
`Reply to Office Action of May 23,2014
`
`pe!iorm a process, the process comprising:
`
`preparing a power headroom report control element, based on a trigger
`
`configured by a base station, Wfl8f-"BiH--tlle trigger dete-r-miHe-s-determining when
`
`thea power headroom report control element is to be sent in an uplink, '<"<{herein
`
`the preparing of the power headroom report control element includes
`
`incorporating a bitmap indicating which power headroom reports are being
`
`reported, the preparing of the Qower headroom report control element fUliher
`
`includes gregaring the bitmag to include bits for power headroom regorts for a
`
`plurality of secondary cells; and
`
`sending the prepared power headroom report control element to the base
`
`statione
`
`14.
`
`(currently amended) The non-transitory computer readable medium of claim 13,
`
`wherein the preparing of the power headroom report control element comprises
`
`includes preparing the bitmap in one of: a MAC subheader andef--iH a payload.
`
`15.
`
`(currently amended) The non-transitory computer readable medium of claim 13,
`
`wherein fhe-~fe-~MiH§ the gower headroom regort control elenlent includes€Bft
`
`include ~re~aring the bitma~ to include at least one bit for of: a type 1 power
`
`headroom report for a primary serving cell ef-and a type 2 power headroom
`
`report for the primary serving cell.
`
`16.
`
`(currently amended) The non-transitory computer readable medium of claim
`
`4-J15, wherein the type 1 power headroom report is computed as P cmax,c
`
`minus physical uplink shared cllannel (PUSCH) power, and the type 2 power
`
`headroom report is comQuted as P cmax-,-c minus ghysical uplink control channel
`
`LPUCCH) Qower minus PUSCH gowerv'Jfl.8fe-iH #te f*€~fiHg fhe- OOfl-Ifal ffie-m€Ht
`
`can include ~re~aring the bitma~ to include bits for power headroom re~orts for a
`
`plurality of secondary cells.
`
`17.
`
`(currently amended) An apparatus, comprising:
`
`at least one processor; and
`
`at least one memory including computer program code, 'Nherein the at
`
`-5-
`
`

`

`Case 6:14-cv-00982-KNM Document 147-10 Filed 11/09/15 Page 7 of 15 PageID #: 1469
`
`Application NOe 13i164,266
`Amendment dated July 15, 2014
`Reply to Office Action of May 23,2014
`
`least one memory and the computer program code aFe-being configured to, with
`
`the at least one processor, cause the apparatus at least to~
`
`configure a user equipment to send a power headroom report
`
`control element in an uplink, wherein the power headroom report control
`
`element includes including a bitmap indicating that indicates which power
`
`headroom reports are being reported,~
`
`receive the power headroom report control element from the user
`
`equipment~,.aAG
`
`processing the received process the power headroom report
`
`control element based on the configuration of the user equipment and
`
`g,rocess the Qower headroom reQort control element by Qrocessing
`
`the bitmag to include bits for power headroom reports for a glurality of
`
`18.
`
`secondary cells.
`(currently amended) The apparatus of claim 17, wttereift me at least Oft8
`memory and the computer program code are configured to, with the at least one
`the awa-ratbls at least to- jdfBOOBS tf1.8- feC8-f¥eG PS'Ne-F
`headroom report control element, wherein the power headroom report control
`
`~meessaf, €atffi€
`
`element includes the bitmap in one of: a MAC subheader andOf-i.n. a payload.
`
`19.
`
`(currently amended) The apparatus of claim 17, wf1.8fem--tf1.8--at--lea-st--Ofte
`
`memory and the computer program code are configured to, \vith the at least one
`
`processor, cause the apparatus at least to process the received povier
`
`fioodffiOftl- ffifJOrt €Ofttrol
`
`ffiool-8ftt, wttereift me eitffi8-p GOftl-pfffies wherein the
`
`Rower headroom report control element includes at least one bit for of: a type 1
`
`power headroom report for a primary serving cell e-r-and a type 2 power
`
`headroom report for the primary serving cell.
`
`20.
`
`(currently amended) The apparatus of claim 4-7JJt, wherein the t?ipe 1 power
`
`headroom reQort is computed as P cmaxjc minus Qhysical uQlink shared
`
`channel (PUSCH) gower, and the tYQe 2 gower headroom report is comguted as
`
`P cmax,c rllinus ptwsical uplink control channel (PUGCH) power minus PUSCH
`
`-6-
`
`

`

`Case 6:14-cv-00982-KNM Document 147-10 Filed 11/09/15 Page 8 of 15 PageID #: 1470
`
`Application NOe 13i164,266
`Amendment dated July 15, 2014
`Reply to Office Action of May 23,2014
`
`powerv/herein the at least one memory and the computer program code are
`
`configured to, with the at least one processor, cause the apparatus at least to
`
`prBeB-ss--tI1e--reGejveG--power::·-ooBdroom--rB-pe-rt--ee-ntre-~--elemBHh-WOOrB-fR--th-e
`
`bitmap comprises bits for pmver headroom reports for a plurality of secondary
`
`ooJ.i.s.
`
`21.
`
`(currently amended) An apparatus, comprising:
`
`at least one processor; and
`
`at least one memory including computer program code, WRefBlfl the at
`
`least one memory and the computer program code afe-being configured to, with
`
`the at least one processor, cause the apparatus at least to~
`
`prepare a power tleadroom report control element, based on a
`
`trigger configured by a base station, wherein the trigger determines when
`
`thea power headroom report control element is to be sent in an uplink;
`
`~vfl.erefA -prepafing preparation of the power tleadroom report control
`
`element includes incorporating a bitmap indicating which power headroom
`
`reports are being reported, the gregaration of the gower headroom reQort
`
`control element further includes preparing the bitmap to include bits for
`
`gower headroom reQorts for a Qlurality of secondary: cells~ and
`
`send the prepafBd--power headroom report control element to the
`
`base station.
`
`22.
`
`(currently amended) The apparatus of claim 21) wherein the at least one
`
`memory and the computer program code are configured to, with the at least one
`
`processor, cause the apparatus at least to prepare the gower headroom reQort
`
`control element by preparing the bitnlap in one of: a MAC subheader andef-ffi a
`
`payload.
`
`23.
`
`(currently amended) The apparatus of claim 21) wherein the at least one
`
`memory and the computer program code are configured to, with the at least one
`
`processor, cause the apparatus at least to prepare the power headroom report
`
`control element by preparing the bitmap to includeincluding at least one bit for of:
`
`-7-
`
`

`

`Case 6:14-cv-00982-KNM Document 147-10 Filed 11/09/15 Page 9 of 15 PageID #: 1471
`
`Application NOe 13i164,266
`Amendment dated July 15, 2014
`Reply to Office Action of May 23,2014
`
`a type 1 power headroom report for a primary serving cell ef-and a type 2 power
`
`headroom report for the primary serving cell.
`
`24.
`
`(currently amended) The apparatus of claim -2-1-23, wherein the tYQe 1 Qower
`
`headroom report is computed as P cmax,c minus physical uplink shared
`
`channel (PUSCH) power, and the type 2 power headroom report is computed as
`
`P cmax,c minus physical uplink control channel (PUCCH) power minus PUSCH
`
`'powerwherein the at least one memory and the computer program code are
`
`eoofi-g-uf-ed to, 'N-i-th- #te ffi leaffi ooe- pr-eoosse-r, sause t-h-e- apf}afffi-1::Js a-i: leaffi to
`
`prepare the control element by preparing the bitmap to include bits for pmver
`
`headroom reports for a plurality of seeondary eells.
`
`-8-
`
`

`

`Case 6:14-cv-00982-KNM Document 147-10 Filed 11/09/15 Page 10 of 15 PageID #: 1472
`
`Application NOe 13i164,266
`Amendment dated July 15, 2014
`Reply to Office Action of May 23,2014
`
`REMARKS
`
`Applicant amended claims 1-24 (including independent claims 1, 5, 9, 13, 17,
`
`and 21) to further define Applicant's claimed invention.
`
`I. Rejections under 35 U.S.C. §§ 102 and 103.
`
`A. Case law regarding obviousness under 35 U.S.C. §§ 102 and 103.
`(1) Anticipation under 35 U.S.C. § 102
`According to MPEP § 706.02 Part V, "for anticipation under 35 U.S.C. 102, the
`
`[prior art] reference must teach every aspect of the claimed invention either explicitly or
`
`impliedly."
`
`(2) Obviousness under 35 U.S.C. § 103
`The framework governing obviousness under 35 U.S.C. § 103(a), as set forth in
`
`Graham et al. v. John Deere Co. of Kansas City et aI., 383 U.S. 1,148 U.S.P.Q. 459
`
`(1966), has recently been reaffirmed in KSR International Co. v. Teleflex Inc. et al.
`
`(See KSR v. Teleflex.l 127 S.Ct. 1727 (2007).) Under Graham v. John Deere, a
`
`combination of references that does not teach or suggest each and every element of
`
`the claimed invention supports a finding of non-obviousness. Furthermore,
`
`according to the Federal Circuit, "a searching comparison of the claimed invention -
`
`including afJ its limitations - with the teachings of the prior art" is required of the
`
`Examiner when determining whether a claim is obvious. (In re Ochiai, 71 F.3d 1565,
`
`1572 (Fed. Cir. 1995) (emphasis added).) As such, "obviousness requires a suggestion
`
`of all limitations in a claim." (CFMT, Inc. v. YieidUP Int'!. CorQ., 349 F.3d 1333, 1342
`
`(Fed. Cir. 2003) (citing In re Royka, 490 F.2d 981, 985 (C.C.P.A. 1974)).) Accordingly,
`
`a combination of references that does not result in each and every limitation of the
`
`claimed invention can be determinative of a finding of non-obviousness and can defeat
`
`a rejection under 35 U.S.C. § 103(a).
`
`-9-
`
`

`

`Case 6:14-cv-00982-KNM Document 147-10 Filed 11/09/15 Page 11 of 15 PageID #: 1473
`
`Application NOe 13i164,266
`Amendment dated July 15, 2014
`Reply to Office Action of May 23,2014
`
`B. Rejection of independent claims 1,9, and 17 under 35 U.S.C. § 102(e)
`
`based on Zhang.
`
`In the Office Action, the Examiner (at page 2, line 18 to page 3, line 5) rejected
`
`independent claims 1, 9, and 17 under 35 U.S.C. § 1 02(e) as being unpatentable over
`U.S. Patent Publication No. 2011/0243016 to Zhang et aL ("Zhang").
`
`(1) Rejection of independent claim 1.
`
`Independent claim 1 has been amended to incorporate at least the subject
`
`matter of dependent claim 4 and allowable dependent claim 16, and recites "processing
`
`the received power headroom report control element by processing the bitmap to
`
`include bits for power headroom reports for a plurality of secondary cells." Zhang does
`
`not disclose the above-quoted recitation of amended independent claim 1. Therefore,
`
`Applicant respectfully submits that amended independent claim 1 is patentable over the
`rejection under 35 U.S.C. § 102(e) based on Zhang.
`
`(2) Rejection of independent claim 9.
`
`Independent claim 9 has been amended to incorporate at least the subject
`
`["natter of dependent claim 12 and allowable dependent claim 16, and recites
`
`"processing the received power headroom report control element by processing the
`
`bitmap to include bits for power headroom reports for a plurality of secondary cells."
`
`Zhang does not disclose the above-quoted recitation of amended independent claim 9.
`
`Therefore, Applicant respectfully submits that amended independent claim 9 is
`patentable over the rejection under 35 U.S.C. § 102(e) based on Zhang.
`
`(3) Rejection of independent claim 17.
`
`Independent claim 17 has been amended to incorporate at least the subject
`
`matter of allowable dependent claim 16 and dependent claim 20, and recites "process
`
`the power headroom report control element by processing the bitmap to include bits for
`
`power headroom reports for a plurality of secondary cells." Zhang does not disclose the
`
`above-quoted recitation of amended independent claim 17. Tilerefore, Applicant
`
`respectfully submits that amended independent claim 17 is patentable over the
`rejection under 35 U.S.C. § 102(e) based on Zhang.
`
`-10-
`
`

`

`Case 6:14-cv-00982-KNM Document 147-10 Filed 11/09/15 Page 12 of 15 PageID #: 1474
`
`Application NOe 13i164,266
`Amendment dated July 15, 2014
`Reply to Office Action of May 23,2014
`
`c. Rejection of claims 1,2,4,9, 10, 12, 17, 18, and 20 (including
`independent claims 1,9, and 17) under 35 U.S.C. § 102(a) based on
`
`Potevio.
`
`The Examiner (at page 3, line 9 to page 4, line 2 of the Office Action) rejected
`
`claims 1, 2, 4, 9, 10, 12, 17, 18, and 20 (including independent claims 1, 9, and 17)
`
`under 35 U.S.C. § 1 02(a) as being unpatentable over "Remaining Issues on PHR for
`
`CA" by Potevio ("Potevio").
`
`(1) Rejection of independent claim 1.
`
`Independent claim 1 has been amended to incorporate at least the subject
`
`matter of dependent claim 4 and allowable dependent claim 16, and recites "processing
`
`the received power headroom report control element by processing the bitmap to
`
`include bits for power headroorn reports for a plurality of secondary cells." Potevio does
`
`not disclose the above-quoted recitation of amended independent claim 1. Therefore,
`
`Applicant respectfully submits that amended independent claim 1 is patentable over the
`rejection under 35 U.S.C. § 102(a) based on Potevio.
`
`(2) Rejection of independent claim 9.
`
`Independent claim 9 has been amended to incorporate at least the subject
`
`matter of dependent claim 12 and allowable dependent claim 16, and recites
`
`"processing the received power headroom report control element by processing the
`
`bitmap to include bits for power headroom reports for a plurality of secondary cells."
`
`Potevio does not disclose the above-quoted recitation of amended independent claim 9.
`
`Therefore, Applicant respectfully submits that amended independent claim 9 is
`patentable over the rejection under 35 U.S.C. § 102(a) based on Potevio.
`
`(3) Rejection of independent claim 17.
`
`Independent claim 17 has been amended to incorporate at least the subject
`
`matter of allowable dependent claim 16 and dependent claim 20, and recites "process
`
`the power headroom report control element by processing the bitmap to include bits for
`
`power headroom reports for a plurality of secondary cells." Potevio does not disclose
`
`the above-quoted recitation of amended independent claim 17. Therefore, Applicant
`
`-11-
`
`

`

`Case 6:14-cv-00982-KNM Document 147-10 Filed 11/09/15 Page 13 of 15 PageID #: 1475
`
`Application NOe 13i164,266
`Amendment dated July 15, 2014
`Reply to Office Action of May 23,2014
`
`respectfully submits that amended independent claim 17 is patentable over the
`
`rejection under 35 U.S.C. § 1 02(a) based on Potevio.
`
`(4) Rejection of dependent claims 2, 4, 10, 12, 18, and 20.
`
`Given that amended independent claims 1, 9, and 17 are patentable over the
`Examiner's rejections under 35 U.S.C. § 1 02(a) based on Potevio, Applicant
`
`respectfully submits that dependent claims 2, 4, 10, 12, 18, and 20, dependent from
`
`amended independent claims 1, 9, or 17, or claims dependent therefrom, are
`
`patentable at least due to their dependency from an allowable independent claim.
`
`D. Rejection of claims 5, 6, 8,13,21,22, and 24 (including independent
`
`claims 5,13, and 21) under 35 Uo5oCo § 103(a) based on Kim in view of
`
`Potevio.
`
`In the Office Action, the Examiner (at page 4, line 15 to page 5, line 21 of the
`
`Office Action) rejected claims 5, 6, 8, 13, 21, 22, and 24 (including independent claims
`
`5, 13, and 21) under 35 U.S.C. § 1 03(a) as being unpatentable over U.S. Patent
`Publication No. 2011/0092217 to Kim et al. ("Kim") in view of Potevio.
`
`(1) Rejection of independent claim 5.
`
`Independent claim 5 has been amended to incorporate at least the subject
`
`matter of dependent claim 8 and allowable dependent claim 16, and recites "the
`
`preparing of the power headroom report control element further includes preparing the
`
`bitmap to include bits for power headromn reports for a plurality of secondary cells."
`
`The combination of Kim and Potevio does not disclose the above-quoted recitation of
`
`amended independent claim 5. Therefore, Applicant respectfully submits that amended
`independent claim 5 is patentable over the rejection under 35 U.S.C. § 103(a) based on
`
`Kim and Potevio.
`
`(2) Rejection of independent clainl 13.
`
`Independent claim 13 has been amended to incorporate at least the subject
`
`matter of allowable dependent claim 16 and recites "the preparing of the power
`
`headromn report control elenlent further includes preparing the bitmap to include bits
`
`for power headroom reports for a plurality of secondary cells." The combination of Kim
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`-12-
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`

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`Case 6:14-cv-00982-KNM Document 147-10 Filed 11/09/15 Page 14 of 15 PageID #: 1476
`
`Application No" 13i164,266
`Amendment dated July 15, 2014
`Reply to Office Action of May 23,2014
`
`and Potevio does not disclose the above-quoted recitation of amended independent
`
`claim 13. Therefore, Applicant respectfully submits that amended independent claim
`13 is patentable over the rejection under 35 U.S.C. § 103(a) based on Kim and Potevio.
`
`(3) Rejection of independent claim 21.
`
`Independent claim 21 has been amended to incorporate at least the subject
`
`matter of allowable dependent claim 16 and dependent claim 24, and recites "the
`
`preparation of the power headroom report control element further includes preparing
`
`the bitmap to include bits for power headroorll reports for a plurality of secondary cells."
`
`The combination of Kim and Potevio does not disclose the above-quoted recitation of
`
`amended independent claim 21. Therefore, Applicant respectfully submits that
`amended independent claim 21 is patentable over the rejection under 35 U.S.C. §
`
`103(a) based on Kim and Potevio.
`
`(4) Rejection of dependent claims 6, 8, 22, and 24.
`
`Given that amended independent claims 5 and 21 are patentable over the
`Examiner's rejections under 35 U.S.C. § 1 03(a) based on Kim and Potevio, Applicant
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`respectfully submits that amended dependent claims 6, 8, 22, and 24, dependent from
`
`amended independent claims 5 or 21, or claims dependent therefrom, are patentable at
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`least due to their dependency from an allowable independent claim.
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`II. Conclusion.
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`Applicant submits that amended independent claims 1, 5, 9, 13, 17, and 21 are
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`patentable and tllat amended dependent claims 2-4, 6-8, 10-12, 14-16, 18-20, and 22-
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`24, dependent from amended independent claims 1, 5, 9, 13, 17, or 21, or claims
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`dependent therefrom, are patentable at least due to their dependency from an
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`allowable independent claim.
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`In view of the foregoing remarks, it is respectfully submitted that the claims, as
`
`amended, are patentable" Therefore, it is requested that the Examiner reconsider tile
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`outstanding rejections in view of the preceding comments. Issuance of a timely Notice
`
`of Allowance of the claims is earnestly solicited.
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`

`

`Case 6:14-cv-00982-KNM Document 147-10 Filed 11/09/15 Page 15 of 15 PageID #: 1477
`
`Application NOe 13i164,266
`Amendment dated July 15, 2014
`Reply to Office Action of May 23,2014
`
`To the extent any extension of time under 37 C.F.R. § 1.136 is required to obtain
`
`entry of this reply, such extension is hereby respectfully requested. If there are any
`fees due under 37 C.F.R. §§ 1.16 or 1.17 which are not enclosed tlerewith, including
`any fees required for an extension of time under 37 C.F.R § 1.136, please charge such
`fees to our Deposit Account No. 50-1068.
`
`Respectfully submitted,
`
`MARTIN & FERRARO, LLP
`
`By:
`
`IAlfred Y. Chul
`Alfred Y. Chu
`Registration No. 62,317
`
`Date: July 15, 2014
`
`1557 Lake Q'Pines Street, NE
`Hartville, Ohio 44632
`Telephone: (330) 877-0700
`Facsimile: (330) 877-2030
`
`-14-
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`