Case 6:14-cv-00982-KNM Document 147-3 Filed 11/09/15 Page 1 of 15 PageID #: 1286
`Case 6:14-cv-00982-KNM Document 147-3 Filed 11/09/15 Page 1of 15 PagelD#: 1286
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`EXHIBIT 3
`EXHIBIT 3
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`Case 6:14-cv-00982-KNM Document 147-3 Filed 11/09/15 Page 2 of 15 PageID #: 1287
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`\~
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`In re U.S. Patent Application of:
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`IN THE U.S. PATENT AND TRADEMARK OFFICE
`0 p --4,¢
`
`APPLICANTS: Jari Lindholm et al.
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`SERlAL NO.: 12/387,661
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`EXAMINER: Crystal L. Hammond
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`l AUG 2 1 2812 ;
`
`. .".
`
`~
`FILING DATE: May 5, 2009
`
`.,
`~a
`~.</DEMA"''(..O
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`ART UNIT: 2819
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`ATTORNEY'S DOCKET NO.: 863.0099.U1(US)
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`TITLE: METHOD, ApPARATUS AND COMPUTER PROGRAM FOR POWER CONTROL
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`RELATED TO RANDOM ACCESS PROCEDURES
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`Commissioner for Patents
`
`Alexandria, VA 22313
`
`Sir:
`
`AMENDMENT
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`This paper is herewith filed in response to the Examiner's Non-Final Office Action mailed on May
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`18,2012 for the above-captioned U.S. Patent Application. No petition for an extension of time or
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`fee is believed to be due, as this response is herewith filed within the shortened statutory period.
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`However, should the undersigned attorney be mistaken, please consider this a petition for any
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`extension of time that may be required to maintain the pendency of this Patent Application, and
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`charge Deposit Account no.: 50-1924 for any fee deficiency.
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`Please amend the application as follows:
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`Amendments to the Claims begin on page 2; and
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`Remarks begin on page 10.
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`

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`Case 6:14-cv-00982-KNM Document 147-3 Filed 11/09/15 Page 3 of 15 PageID #: 1288
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`S.N.: 12/387,661
`Art Unit: 2819
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`AMENDMENTS TO THE CLAIMS:
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`This listing of the claims will replace all prior versions, and listings, of the claims in this application.
`
`Listing of Claims:
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`1. (Currently Amended)
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`A method comprising:
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`using a processor to initialize for i=O a first power control adjustment state g(i) for an uplink
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`control channel and a second power control adjustment state f(i) for an uplink shared chapnel to each
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`reflect an open loop power control error;
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`using the processor to compute an initial transmit power for the uplink shared channel using
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`full patHloss path loss compensation, wherein the initial transmit power depends on a preamble
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`power of a first message sent on an access channel[[,]] and is initialized witH the second power
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`control adjustment state f(O); and
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`sending from a transmitter a third message on the uplink shared channel at the initial transmit
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`power[[.]];
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`wherein the second power control adjustment state fCO for i=O is initialized as:
`Po _UE jUSCH + f(O) = t1Ppc + t1Prampup;
`
`=in=-w:....:...h=i:.;::;.c=h:,--_ Po UI,.' PUSCH is a power control constant for the uplink shared channel that is specific
`
`for a user equipment executing the method:
`
`ll.Prampup is a ramp-up power for preamble transmissions; and
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`t1PpC is a power control command indicated in a second message that is received in
`
`response to sending the first message.
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`2
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`

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`Case 6:14-cv-00982-KNM Document 147-3 Filed 11/09/15 Page 4 of 15 PageID #: 1289
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`S.N.: 12/387,661
`Art Unit: 2819
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`2. (Currently Amended)
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`The method according to claim 1, wherein the first message comprises
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`a random access request message, the method further comprising:
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`computing the preamble power using full pathloss path loss compensation,
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`sending from the transmitter on the access channel the first message and in response
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`receiving at a receiver a second message that comprises an allocation of resources on which the third
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`message is sent;
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`and after sending the third message, the method further comprises using the processor to compute an
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`updated transmit power for the uplink shared channel using fractional power control and sending
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`from the transmitter a subsequent message on the uplink shared channel using the updated transmit
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`power.
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`3. (Cancelled)
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`4.(Previously Presented)
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`The method according to claim 1, wherein the first power control
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`adjustment state g(i) for i=O is initialized as:
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`wherein: PO_UE_PUCCH is a power control constant for the uplink control channel power that is
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`specific for a user equipment executing the method.
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`5.(Original) The method according to claim 4, wherein Po UE PUSCH = PO_UE]UCCH =0 when
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`computing initial values at i=O of power control states for the respective shared and control
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`channels.
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`6.(Previously Presented)
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`The method according to claim 1,
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`3
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`

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`Case 6:14-cv-00982-KNM Document 147-3 Filed 11/09/15 Page 5 of 15 PageID #: 1290
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`S.N.: 121387,661
`Art Unit: 2819
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`wherein the initial transmit power PMSg3 of the third message for i=O is equal to:
`
`in which: P MAX is a maximum allowed transmission power;
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`Ppreamble is the preamble power of the first message;
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`M PUSCH (i) is determined from an uplink resource allocation of a second message received in
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`response to sending the first message;
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`!1TF(TF(i)) is calculated from received signaling;
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`/:). PC _Msg 3 is indicated by a power control command received at the receiver; and
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`/:).o,preamble _Msg3 is an offset from the preamble power.
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`7. (Original) A method according to claim 6, further comprising, after sending the third message,
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`using the processor to compute an updated transmit power for the shared uplink channel using
`
`fractional power control and sending from the transmitter a subsequent message on the uplink shared
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`channel using the updated transmit power, wherein the updated transmit power PPUSCH (i) is equal
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`to:
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`wherein: PO]USCH (j) is calculated from received signaling,
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`a or an indication of a is received in signaling, and
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`PL is path loss that is estimated from received signaling.
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`8. (Currently Amended)
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`The method according to claim 7, wherein a =1 for the third message
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`and for all retransmissions of the third message indicating full pathless path loss compensation, and
`a <1 for messages after the third message and all retransmissions of the third message indicating
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`fractional pathless path loss compensation.
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`4
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`

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`Case 6:14-cv-00982-KNM Document 147-3 Filed 11/09/15 Page 6 of 15 PageID #: 1291
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`S.N.: 12/387,661
`Art Unit: 2819
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`9. (Currently Amended)
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`The method according to claim 8, executed by a user equipment;
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`and wherein the third message comprises an indication of a power difference between the initial
`
`transmit power which is computed using full pathless path loss compensation and a fractional
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`pathless path loss computation of the initial transmit power.
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`10. (Currently Amended)
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`A computer readable memory storing a computer program that when
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`executed by a processor results in actions comprising:
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`initializing for i=O a first power control adjustment state g(i) for an uplink control channel
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`and a second accumulation power control adjustment state f(i) for an uplink shared channel to each
`
`reflect an open loop power control error;
`
`computing an initial transmit power for the uplink shared channel using full pathless path
`
`loss compensation, wherein the initial transmit power depends on a preamble power of a first
`
`message sent on an access channel[[,]] and is iaitialized with the second power control adjustment
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`state f(O); and
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`outputting the initial transmit power for transmission of a third message on the uplink shared
`
`channel[[·]t
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`wherein the second accumulation power control adjustment state fCi) for ;=0 is initialized
`
`::.:,in;:;.,.w..:..:..;.!hc::..:;ic=h:..:.,: -_Po UE PUSCH is a power control constant for the uplink shared channel that is specific
`
`for a user equipment which sends the first and third messages;
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`!:lPrampup is a ramp-up power for preamble transmissions; and
`
`Mpc is a power control command indicated in a second message that is received in
`
`response to the first message.
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`5
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`

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`Case 6:14-cv-00982-KNM Document 147-3 Filed 11/09/15 Page 7 of 15 PageID #: 1292
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`S.N.: 12/387,661
`Art Unit: 2819
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`11. (Cancelled)
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`12. (Currently Amended)
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`An apparatus comprising:
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`a processor; and
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`a memory storing a computer program;
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`in which the processor is configured with the memory and the computer program to cause the
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`apparatus to:
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`initialize for i=O a first power control adjustment state gO) for an uplink control channel and a
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`second accumulation power control adjustment state f(i) for an uplink shared channel to each reflect
`
`an open loop power control error, and
`
`compute an initial transmit power for the uplink shared channel using full pathloss path loss
`
`compensation, wherein the initial transmit power depends on a preamble power of a first message
`
`sent on an access channel[[,]] and is initialized ';"lith the second power control adjustment state f(O);
`
`and
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`compile a third message to be sent on the uplink shared channel at the initial transmit
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`power[[.]];
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`wherein the second power control adjustment state fU) for i=O is initialized as:
`
`PO_UE_PUSCH +/(0) = Mpc + I:lPrampup;
`
`:..:.in;:...w.:..:...:.,:h;.:.:;ic"",h:.:..: _ _ PO UE PUSCH is a power control constant for the uplink shared channel that is specific
`
`for a user equipment;
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`t1Prampup is a ramp-up power for preamble transmissions: and
`----------
`_______ l:lPpC is a power control command indicated in a second message received at a
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`receiver of the apparatus in response to the transmitter sending the first message.
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`6
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`

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`Case 6:14-cv-00982-KNM Document 147-3 Filed 11/09/15 Page 8 of 15 PageID #: 1293
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`S.N.: 12/387,661
`Art Unit: 2819
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`13.(Currently Amended)
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`The apparatus according to claim 12, wherein the first message
`
`comprises a random access request message, and:
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`the processor is configured with the memory and the computer program to compute the
`
`preamble power using full pathless path loss compensation,
`
`the apparatus further comprising a transmitter is configured to send on the access channel the
`
`first message;
`
`the apparatus further comprising a receiver configured to receive, in response to the
`
`transmitter sending the first message, a second message that comprises an allocation of resources on
`
`which the third message is sent;
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`the processor with the memory and the computer program is configured, after the transmitter
`
`sends the third message, to compute an updated transmit power for the uplink shared channel using
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`fractional power control;
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`and the transmitter is configured to send a subsequent message on the uplink shared channel
`
`using the updated transmit power.
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`14. (Cancelled)
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`15. (Previously Presented) The apparatus according to claim 12, wherein the first power control
`
`adjustment state g(i) for i=O is initialized as:
`
`wherein: PO_UE]UCCH is a power control constant for the uplink control channel that is specific for
`
`a user equipment.
`
`7
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`

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`Case 6:14-cv-00982-KNM Document 147-3 Filed 11/09/15 Page 9 of 15 PageID #: 1294
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`S.N.: \2/387,66\
`Art Unit: 2819
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`16. (Original) The apparatus according to claim 15, wherein Po UE PUSCH
`
`PO_UE_PUCCH =0 when
`
`the processor computes initial values at i=O of power control states for the respective shared and
`
`control channels.
`
`17. (Previously Presented) The apparatus according to claim 12,
`
`wherein the initial transmit power PMsg3 for i=O is equal to:
`
`in which: P MAX is a maximum allowed transmission power;
`
`Ppreamble is the preamble power of the first message;
`
`M PUSCH (i) is determined from an uplink resource allocation of a second message received in
`
`response to sending the first message;
`
`~TF(TF(i)) is calculated from received signaling;
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`t:.PC _Msg3 is indicated by a power control command received at the receiver; and
`
`t:.O,preamble _M.'g3 is an offset from the preamble power.
`
`18. (Previously Presented) The apparatus according to claim 17, wherein the processor is
`
`configured with the memory and the computer program to compute an updated transmit power for
`
`the shared uplink channel using fractional power control and the transmitter is configured to send
`
`from the transmitter a subsequent message on the uplink shared channel using the updated transmit
`
`power, wherein the updated transmit power PPUSCH (i) is equal to:
`
`wherein: PO_PUSCH (j) is calculated from received signaling,
`
`a or an indication of a is received in signaling, and
`
`PL is path loss that is estimated from received signaling.
`
`8
`
`

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`Case 6:14-cv-00982-KNM Document 147-3 Filed 11/09/15 Page 10 of 15 PageID #: 1295
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`S.N.: 12/387,661
`Art Unit: 2819
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`19. (Currently Amended)
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`The apparatus according to claim 18, wherein a 1 for the third
`
`message and for all retransmissions of the third message indicating full pathless path loss
`compensation, and a <1 for messages after the third message and all retransmissions of the third
`
`message indicating fractional pathless path loss compensation.
`
`20. (Currently Amended)
`
`The apparatus according to claim 18, in which the apparatus comprises
`
`a user equipment, and wherein the third message comprises an indication of a power difference
`
`between the initial transmit power which is computed using full pathless path loss compensation and
`
`a fractional pathless path loss computation of the initial transmit power.
`
`9
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`

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`Case 6:14-cv-00982-KNM Document 147-3 Filed 11/09/15 Page 11 of 15 PageID #: 1296
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`S.N.: 12/387,661
`Art Unit: 2819
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`REMARKS
`
`The Examiner is respectfully requested to reconsider and remove the rejections ofthe claims
`
`under 35 U.S.C. § 1 03(a) based on the amendments and remarks presented herein, and to allow all of
`
`the pending claims 1-2, 4-10, 12-13, and 15-20 as now presented for examination. An early
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`notification of the allowability of claims 1-2, 4-10, 12-13, and 15-20 is earnestly solicited.
`
`Status of Claims
`
`Claims 1-20 were pending. Claims 1, 2, 10, 12, and 13 have been rejected by the
`
`Examiner. Claims 3-9, 11, and 14-20 were objected to as being dependent on a rejected base
`
`claim. Claims 1-2,8-10,12-13, 19and 20 have been amended. Claims 3,11 and 14 have been
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`cancelled without prejudice or disclaimer. Accordingly, claims 1-2,4-10, 12-13, and 15-20 are
`
`presented and at issue.
`
`Rejections Under 35 U.S.c. §103(a)
`
`Claims 1,10, and 12stand rejected under 35 U.S.C. §I03(a) as being unpatentable over
`
`Motorola (RI-081056) in view of Docomo et aL (RI-070870). Claims 2 and 13 stand rejected
`
`under 35 U.S.C. §103(a) as being unpatentable over Motorola in view of Docomo, and further in
`
`view ofIPWireless (RI-06063 7). The Applicants traverse these rejections for the following
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`reasons. The Examiner indicated that claims 3-9, 11, and 14-20 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. Accordingly, the
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`limitations of allowable claim 3 have been written into independent claim 1. Similarly, the
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`limitations of allowable claim 11 have been written into independent claim 10. Likewise, the
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`limitations of allowable claim 14 have been written into independent claim 12. Based upon the
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`IO
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`

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`Case 6:14-cv-00982-KNM Document 147-3 Filed 11/09/15 Page 12 of 15 PageID #: 1297
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`S.N.: 12/387,661
`Art Unit: 2819
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`foregoing changes, it is respectfully submitted that independent claims 1, 10, and 12 are now in
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`condition for allowance.
`
`Claims 2 and 4-9 depend from claim 1. Claims 13 and 15-20 depend from claim 12.
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`Therefore, it is submitted that claims 2, 4-9, 13, and 15-20are allowable for the reasons discussed
`
`previously in connection with claims 1, 10, and 12. Accordingly, the Applicants respectfully
`
`submit that the Examiner's rejection of claims 1,2,10,12, and 13 under 35 U.S.C. §103(a) has
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`been traversed. The Applicants request that the Examiner reconsider and withdraw this rejection.
`
`11
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`

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`Case 6:14-cv-00982-KNM Document 147-3 Filed 11/09/15 Page 13 of 15 PageID #: 1298
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`S.N.: 12/387,661
`Art Unit: 2819
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`Conclusion
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`In view of the foregoing amendments and remarks, it is submitted that the application is
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`now in condition for allowance. Such action is therefore respectfully requested. If a
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`communication with Applicant's attorneys would assist in advancing this case to allowance, the
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`Examiner is cordially invited to contact the undersigned so that any such issues may be promptly
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`resolved.
`
`The Commissioner is hereby authorized to charge any additional fees that may be
`
`required for this amendment, or credit any overpayment, to Deposit Account No. 50-1924. In the
`
`event that an extension of time is required, or may be required in addition to that requested in a
`
`petition for extension of time, the Commissioner is requested to grant a petition for that
`
`extension of time that is required to make this response timely and is hereby authorized to charge
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`any fee for such an extension of time or credit any overpayment for an extension oftime to the
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`above-identified Deposit Account.
`
`Respectfully submitted:
`
`teven R. Bartholomew
`Reg. No.: 34,771
`
`Customer No.: 10948
`
`Harrington and Smith, Attorneys At Law, LLC
`4 Research Dri ve
`Shelton, CT 06484-6212
`Telephone:
`(203)925-9400
`Facsimile:
`(203)944-0245
`email:
`sbartholomew@hspatent.com
`
`12
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`

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`Case 6:14-cv-00982-KNM Document 147-3 Filed 11/09/15 Page 14 of 15 PageID #: 1299
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`S.N.: 12/387,661
`Art Unit: 2819
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`CERTIFICA TE OF MAILING
`
`I hereby certify that this correspondence is being deposited with the United States Postal Service as
`first class mail in an envelope addressed to: Commissioner for Patents, P.O. BOX 1450, Alexandria,
`VA 22313-1450.
`
`Date
`
`13
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`

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`Case 6:14-cv-00982-KNM Document 147-3 Filed 11/09/15 Page 15 of 15 PageID #: 1300
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`12/387,661
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`05/05/2009 D To be Mailed
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`APPLICATION AS FILED - PART I
`(Column 1)
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`(Column 2)
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`SMALL ENTITY D
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`OTHER THAN
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`OR
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`SMALL ENTITY
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`FOR
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`NUMBER FILED
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`NUMBER EXTRA
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`RATE ($)
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`FEE ($)
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`RATE ($)
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`FEE ($)
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`D BASIC FEE
`(37 CFR 1.16(a), (b), or (e))
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`D SEARCH FEE
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`D EXAMINATION FEE
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`TOTAL CLAIMS
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`INDEPENDENT CLAIMS
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`DAPPLICATION SIZE FEE
`(37 CFR 1.16(s))
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`N/A
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`N/A
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`N/A
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`N/A
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`N/A
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`N/A
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`minus 20 =
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`minus 3 =
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`X $
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`X $
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`=
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`=
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`N/A
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`OR
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`X $
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`X $
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`=
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`=
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`If the specification and drawings exceed 1 00
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`D MULTIPLE DEPENDENT CLAIM PRESENT (37 CFR 1.16(j))
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`• If the difference in column 1 is less than zero, enter "0" in column 2.
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`TOTAL
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`TOTAL
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`APPLICATION AS AMENDED - PART II
`
`(Column 1)
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`(Column 2)
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`(Column 3)
`
`OTHER THAN
`
`OR
`
`SMALL ENTITY
`
`CLAIMS
`08/21/2012 REMAINING
`f--
`AFTER
`Z
`AMENDMENT
`W
`Total (37 CFR
`• 17
`~ 1.16(i))
`0
`Independent
`• 3
`Z
`37 CFR 1.16 h))
`W
`~ D Application Size Fee (37 CFR 1.16(s))
`«
`D FIRST PRESENTATION OF MULTIPLE DEPENDENT CLAIM (37 CFR 1.16(j))
`
`HIGHEST
`NUMBER
`PREVIOUSLY
`PAID FOR
`.. 20
`"'3
`
`PRESENT
`EXTRA
`
`= 0
`= 0
`
`Minus
`
`Minus
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`(Column 1)
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`(Column 2)
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`(Column 3)
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`SMALL ENTITY
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`RATE ($)
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`ADDITIONAL
`FEE ($)
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`RATE ($)
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`ADDITIONAL
`FEE ($)
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`X $
`
`X $
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`=
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`=
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`TOTAL
`ADD'L
`FEE
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`OR
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`OR
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`X $60=
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`X $250=
`
`OR
`
`OR
`
`TOTAL
`ADD'L
`FEE
`
`0
`0
`
`0
`
`CLAIMS
`REMAINING
`AFTER
`AMENDMENT
`
`HIGHEST
`NUMBER
`PREVIOUSLY
`PAID FOR
`
`..
`...
`
`=
`
`=
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`Minus
`
`Minus
`
`f--
`·
`Z
`Total (37 CFR
`W
`1.16Ii))
`·
`~ Independent
`0
`(37 CFR 1.16(h))
`Z D Application Size Fee (37 CFR 1.16(s))
`W
`~ D FIRST PRESENTATION OF MULTIPLE DEPENDENT CLAIM (37 CFR 1.16(j))
`«
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`PRESENT
`EXTRA
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`RATE ($)
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`ADDITIONAL
`FEE ($)
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`RATE ($)
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`ADDITIONAL
`FEE ($)
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`X $
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`X $
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`=
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`=
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`OR
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`OR
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`X $
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`X $
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`=
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`=
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`OR
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`* If the entry in column 1 is less than the entry in column 2, write "0" in column 3.
`.. If the "Highest Number Previously Paid For" IN THIS SPACE is less than 20, enter "20".
`... If the "Highest Number Previously Paid For" IN THIS SPACE is less than 3, enter "3".
`The "Highest Number Previously Paid For" (Total or Independent) is the highest number found in the appropriate box in column 1.
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`TOTAL
`TOTAL
`ADD'L
`ADD'L
`FEE
`FEE
`Legal Instrument Examiner:
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