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`EXHIBIT 6
`EXHIBIT 6
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`

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`Case 6:14-cv-00982-KNM Document 147-6 Filed 11/09/15 Page 2 of 13 PageID #: 1334
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`IN THE U.S. PATENT AND TRADEMARK OFFICE
`
`ase 6:14-cv-00982-KNM Document 147-6 Filed 11/09/15 Page 2 of 13 PagelD #: slCe
` Appl. No.
`
`Applicant
`Filing date
`
`:
`:
`:
`
`12/387,661
`Jari LINDHOLMetal.
`May 5, 2009
`
`TC/AU
`Examiner
`
`:
`:
`
`2819
`Crystal L. HAMMOND
`
`(confirmation no. 2958)
`
`Atty Docket
`Customer No. :
`
`:
`
`863.0099.U1(US)
`29,683
`
`Title
`
`:
`
`METHOD, APPARATUS AND COMPUTER PROGRAM FOR POWER
`CONTROL RELATED TO RANDOM ACCESS PROCEDURES
`
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`AMENDMENT
`
`Sir:
`In responseto the non-final Office Action dated October3, 2011, the Applicant hereby
`amends the above-referenced application as follows:
`
`Amendmentsto the Written Description: None.
`
`Amendments to the Drawings: None.
`
`Amendmentsto the Claims: begins at page 2 of this paper.
`
`Remarks/Arguments: begins at page 9 of this paper.
`Appendix: None.
`.
`
`This Amendmentis filed within two months following the shortened statutory period for
`reply recited in the referenced Office Action. The Applicants hereby petition for a two month
`time extension and the undersigned representative authorizes the US Patent Office to deduct
`the one-monthlate fee ($560) from Deposit Account No. 50-1924. Should the undersigned
`representative be mistaken as to time or fee, please considerthis as a petition for an extension
`of time necessary to effect his Amendment and/or charge Deposit Account No. 50-1924 for
`
`any required fee deficiency.
`
`03/05/2012 CCHAUL
`O1 FO:i252
`
`00000047 501924
`560.00 DA
`
`12387661
`
`
`
`

`

`
`
`Case 6:14-cv-00982-KNM Document 147-6 Filed 11/09/15 Page 3 of 13 PageID #: 1335
`Case 6:14-cv-00982-KNM Document 147-6 Filed 11/09/15 Page 3 of 13 PagelD#: 1335
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`US Patent Application Ser No. 12/387,661
`Art Unit 2819: confirmation no. 2898
`
`AMENDMENTSTO THE CLAIMS:
`
`This listing of claims will replace all prior versions, andlistings, of claims in this application.
`
`1.(Original) A method comprising:
`using a processorto initialize for i=0 a first power control adjustmentstate g(i) for an
`uplink control channel and a second powercontrol adjustmentstate f(z) for an uplink shared
`channel to each reflect an open loop power control error;
`using the processor to computeaninitial transmit power for the uplink shared channel
`using full pathloss compensation, wherein the initial transmit power depends on a preamble
`powerof a first message sent on an access channel, and is initialized with the second power
`control adjustmentstate f(0); and
`|
`sending from a transmitter a third message on the uplink shared channelat the initial
`transmit power.
`
`The method according to claim 1, wherein the first message comprises a
`2.(Original)
`random access request message, the method further comprising:
`
`computing the preamble powerusing full pathloss compensation,
`sending from the transmitter on the access channel the first message and in response
`receiving at a receiver a second message that comprises an allocation of resources on which
`the third messageis sent;
`.
`and after sending the third message, the method further comprises using the processor to
`compute an updated transmit power for the uplink shared channel using fractional power
`control and sending from the transmitter a subsequent message on the uplink shared channel
`
`using the updated transmit power.
`
`The method according to claim 1, wherein the second power control
`3.(Original)
`_ adjustmentstate f(i) for i=0 is initialized as:
`Py _ue_puscy + f(0) = APoc + AP,rampup ?
`
`

`

`Case 6:14-cv-00982-KNM Document 147-6 Filed 11/09/15 Page 4 of 13 PageID #: 1336
`Case 6:14-cv-00982-KNM Document 147-6 Filed 11/09/15 Page 4 of 13 PagelD#: 1336
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`US Patent Application Ser No. 12/387,661
`Art Unit 2819: confirmation no. 2398
`
`wherein:
`
`Py _ve_puscn i8 a power control constant for the uplink shared channel that is
`
`specific for a user equipment executing the method;
`
`AP.mp 18 @ tamp-up powerfor preamble transmissions; and
`
`AP,
`
`iS a power control command indicated in a second message that is
`
`received in response to sending the first message.
`
`4,(Previously Presented)
`
`The method according to claim 1, wherein the first power
`
`control adjustmentstate g(7) for i=0 is initialized as:
`
`Py_ue_puccy + &(0) = APoc + APampup 3
`
`wherein: Poyspuccy 18 @ power control constant for the uplink control channel power thatis
`
`specific for a user equipment executing the method.
`
`5.(Original)
`
`The method according to claim 4, wherein P, ys _pyscx = Pouepuccn =O When
`
`computinginitial values at i=0 of power control states for the respective shared and control
`
`channels.
`
`6.(Previously Presented)
`
`The method according to claim 1,
`
`wherein the initial transmit power P,msgs Of the third messagefor i=O is equalto:
`
`Pursg3 = min {Prax » P,eamble + Ao,preamble _Msg3 + Apc _Msg3 + 10log,o (Mpuscu (Z)) + Avr: (TF(i))} >
`
`in which: P,,,, is a maximum allowed transmission power;
`
`Ppreamble is the preamble powerofthe first message;
`
`Moyscy(@is determined from an uplink resource allocation of a second message
`
`received in response to sending the first message;
`
`A,-(7F(2)is calculated from received signaling;
`
`A vc_ megs 18 indicated by a power control commandreceivedat the receiver; and
`
`3
`
`

`

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`US Patent Application Ser No. 12/387.661
`Art Unit 2819: confirmation no. 2598
`
`A
`
`0, preamble _ Msg 3
`
`is an offset from the preamble power.
`
`7.(Original) A method according to claim 6, further comprising, after sending the third
`message, 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 channel using the updated transmit power, wherein the updated
`transmit power Pruscy (2) 1s equal to:
`
`Pruscu @) = min {Pax 210 10g 19 M4puscn () + Popuscu (7) + @ > PL + Age (TF(A)) + f@};
`
`wherein: Popuscu (/) is calculated from received signaling,
`
`@ or anindication of @ is received in signaling, and
`
`PL is path loss that is estimated from received signaling.
`
`The method according to claim 7, wherein @ =1 for the third message and for
`8.(Original)
`all retransmissions of the third message indicating full pathloss compensation, and @ <1 for
`messages after the third message and all retransmissions of the third message indicating
`
`fractional pathloss compensation.
`
`|The method according to claim 8, executed by a user equipment,
`9.(Original)
`and wherein the third message comprises an indication of a power difference between the
`initial transmit power which is computed using full pathloss compensation and a fractional
`pathloss computation ofthe initial transmit power.
`
`10.(Original) A computer readable memory storing a computer program that when executed
`
`by a processor results in actions comprising:
`initializing for i=O a first power control adjustment state g(i) for an uplink control
`channel and a second accumulation power control adjustmentstate f(i) for an uplink shared
`
`channelto each reflect an open loop powercontrol error;
`computing an initial transmit power for the uplink shared channel using full pathloss
`compensation, wherein the initial transmit power depends on a preamble power ofa first
`
`

`

`Case 6:14-cv-00982-KNM Document 147-6 Filed 11/09/15 Page 6 of 13 PageID #: 1338
`Case 6:14-cv-00982-KNM Document 147-6 Filed 11/09/15 Page 6 of 13 PagelD #: 1338
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`US Patent Application Ser No. 12/387,661
`Art Unit 2819: confirmation no. 2598
`
`message sent on an access channel, and is initialized with the second power control
`
`adjustmentstate f(0); and
`outputting the initial transmit powerfor transmission of a third message on the uplink
`
`shared channel.
`
`11.(Original) The computer readable memory accordingto claim 10,
`
`wherein the second accumulation powercontrol adjustmentstate f(i) for i=0 is initialized as:
`
`Py_ue_puscn + F(0) = APag + APampup 3
`
`wherein:
`
`P, _us_puscy iS a powercontrol constant for the uplink shared channelthatis
`
`specific for a user equipment which sendsthe first and third messages;
`
`AP
`rampup
`
`is a ramp-up power for preamble transmissions; and
`
`AP,~ is a power control command indicated in a second message that is
`
`received in response to the first message.
`
`12.(Currently Amended)
`
`An apparatus comprising:
`
`a processor;_and
`
`a memory storing a computer program;
`in which the processor is configured with the memory and the computer program to cause the
`apparatusto:
`configured-te initialize for i=0 a first power control adjustmentstate g(i) for an uplink
`control channel and a second accumulation powercontrol adjustmentstate f(z) for an uplink
`
`shared channelto each reflect an open loop powercontrol error, and
`
`configuredte-compute an initial transmit power for the uplink shared channel using
`
`full pathloss compensation, wherein the initial transmit power depends on a preamble power
`of a first message sent on an access channel, andis initialized with the second powercontrol
`
`adjustmentstate f(0); and
`a-transmitter-configuredte—send compile a third message to be sent_on the uplink
`
`shared channelat the initial transmit power.
`
`

`

`Case 6:14-cv-00982-KNM Document 147-6 Filed 11/09/15 Page 7 of 13 PageID #: 1339
`Case 6:14-cv-00982-KNM Document 147-6 Filed 11/09/15 Page 7 of 13 PagelD #: 1339
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`US Patent Application Ser No. 12/387.661
`Art Unit 2819: confirmation no. 2598
`
`13.(Currently Amended)
`
`The apparatus according to claim 12, wherein the first message
`
`comprises a random access request message, and:
`
`the processor is configured with the memory and the computer program to compute
`
`the preamble power using full pathloss compensation,
`
`the apparatus further comprising a transmitter is configured to send on the access
`
`channelthe first message;
`
`the apparatus comprises—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 messageis sent;
`
`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 channelusing fractional powercontrol;
`
`and the transmitter is configured to send a subsequent message on the uplink shared
`
`channel using the updated transmit power.
`
`14.(Original) The apparatus according to claim 12, wherein the second power control
`
`adjustmentstate f(z) for i=0 is initialized as:
`
`Po _ue_puscu +fO)= APac + AP,rampup ;
`
`wherein:
`
`Py _ue_puscu 18 a power control constantfor the uplink shared channel that 1s
`
`specific for a user equipment;
`
`AP.
`rampup
`
`is a ramp-up powerfor preamble transmissions; and
`
`AP,- is a power control commandindicated in a second messagereceived at a
`
`receiver of the apparatus in responseto the transmitter sending the first message.
`
`15.(Previously Presented)
`
`The apparatus according to claim 12, wherein the first power
`
`control adjustment state g(7) for =O is initialized as:
`
`Po _ve_puccn + 8(0) = APag + APompup >
`
`wherein: P, ys puccn iS a power control constant for the uplink control channelthatis specific
`
`for a user equipment.
`
`

`

`Case 6:14-cv-00982-KNM Document 147-6 Filed 11/09/15 Page 8 of 13 PageID #: 1340
`Case 6:14-cv-00982-KNM Document 147-6 Filed 11/09/15 Page 8 of 13 PagelD #: 1340
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`US Patent Application Ser No. 12/387,661
`Art Unit 2819: confirmation no. 2598
`
`16.(Original) The apparatus according to claim 15, wherein Py ue_puscu = Po_ur_puccn =O
`when the processor computesinitial values at i=0 of powercontrolstates for the respective
`
`shared and control channels .
`
`17.(Previously Presented)
`
`The apparatus according to claim 12,
`
`whereinthe initial transmit power P,,,,, for i=0 is equalto:
`
`Passes = min {Prax » Preamble + Ao,preamble _Msg3 + Apc_Msg3 + 10logio (Mpuscu (@)) + Arg (TF(i))} >
`
`in which: Py,x 1S a maximum allowed transmission power;
`
`Ppreamble is the preamble powerofthe first message;
`
`Mpyscy (i)
`
`is determined from an uplink resource allocation of a second message
`
`received in response to sending the first message;
`
`A,-(ZF(@)is calculated from received signaling;
`
`A
`
`A
`
`PC _Msg3
`
`is indicated by a power control commandreceivedat the receiver; and
`
`0,preamble _Msg3
`
`is an offset from the preamble power.
`
`The apparatus according to claim 17, wherein the processoris
`18.(Currently Amended)
`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 Pyyscy (Z) is equal to:
`
`Peyscn @) = min {Pax 210 10g io M4puscn @) + PopuscnJ) + @ PE + Are (TF(i) + FM};
`
`wherein: Pypuscu (/) is calculated from received signaling,
`
`@ or an indication of @ is received in signaling, and
`
`PL is path loss that is estimated from received signaling.
`
`

`

`
`
`Case 6:14-cv-00982-KNM Document 147-6 Filed 11/09/15 Page 9 of 13 PageID #: 1341
`Case 6:14-cv-00982-KNM Document 147-6 Filed 11/09/15 Page 9 of 13 PagelD#: 1341
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`US Patent Application Ser No. 12/387.661
`Art Unit 2819: confirmution no. 2598
`
`19.(Original) The apparatus according to claim 18, wherein @ =1 for the third message and
`
`for all retransmissions of the third message indicating full pathloss compensation, and @ <1
`for messages after the third message and all retransmissions of the third message indicating
`fractional pathloss compensation.
`
`20.(Original) 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 pathloss compensation and a
`
`fractional pathloss computation ofthe initial transmit power.
`
`

`

`Case 6:14-cv-00982-KNM Document 147-6 Filed 11/09/15 Page 10 of 13 PageID #: 1342
`Case 6:14-cv-00982-KNM Document 147-6 Filed 11/09/15 Page 10 of 13 PagelD #: 1342
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`US Patent Application Ser No. 12/387,661
`Art Unit 2819: confirmation no. 2598
`
`REMARKS/ARGUMENTS:
`
`The non-final office action dated October 3, 2011 rejected all of claims 1-20 as follows:
`e Claims 1-2 and 10-13 were rejected under 35 USC §102(b) asanticipated by Kim (US
`
`2003/0119452); and
`
`e Claims 3-5 and 14-16 were rejected under 35 USC §103(a) as obvious over Kim in
`
`view of NPL1 (E-UTRA Uplink Power control Proposal and Evaluation);
`
`e Claims 6-9 and 17-20 were rejected under 35 USC §103(a) as obvious over Kim in
`
`view of NPL2 (Meeting #52).
`
`Claim Amendments:
`
`Claim 12 is amendedto recite the apparatus comprises a processor and a memory storing a
`
`computer program (support most concisely at §0038-0039 and Figure 2), and to strike
`‘transmitter’. Comporting amendments are made to dependent claims 13 and 18. No new
`matter is added. These are done for greater breadth in post-issue proceedings and not for
`
`reasonsrelated to patentability, and so no equivalents are sacrificed.
`
`35 USC §102(b):
`
`Kim is directed to multimedia broadcast MMBS (0003) whereas the examplesset forth in the
`subject application concern random access and the problem identified at §0012-13; how to
`transition from full path loss compensated preamble transmission on the random access
`
`channel RACHto the fractional power control system on the physical uplink shared channel
`
`PUSCH.. While they both include teachings of power control, below it will be shown that
`Kim’s teachingsare not all that relevant to the presently claimed invention.
`
`The office action considered claims 12-13 as representative of claims 1-2 and 10 and we
`
`continue that convention. Claim 12 as amended herein is reproduced below for convenience.
`
`12.
`
`An apparatus comprising:
`a processor; and
`a memory storing a computer program;
`in which the processor is configured with the memory and the computer
`program to cause the apparatusto:
`
`

`

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`Case 6:14-cv-00982-KNM Document 147-6 Filed 11/09/15 Page 11 of 13 PagelD#: 1343
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`US Patent Application Ser No. 12/387,661
`Art Unit 2819: confirmation no. 2598
`
`initialize for i=0 a first power control adjustment state g(i) for an
`uplink control channel and a second accumulation powercontrol adjustment
`state fi) 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 compensation, wherein the initial transmit power depends on a
`preamble powerof a first message sent on an access channel, andis initialized
`with the second power control adjustmentstate f(0); and
`compile a third message to be sent on the uplink shared channelat the
`initial transmit power.
`
`The office action at page 3 asserts Kim’s disclosure, particularly at Figure 11, against these
`
`claim elements as follows:
`
`e Kim’s §0118 for CPCCH transmission powerpurportedly reads on the claimed“first
`
`powercontrol adjustmentstate g(i) for an uplink control channel” (dependent claim
`
`14 denotes this channel as a physical uplink control channel PUCCH);
`
`e Kim’s 90118 for PBMSCHhas a power adjustment(if less than target quality TQ)
`
`purportedly reads on “second accumulation power control adjustmentstate f(z) for an
`uplink shared channel” (dependent claim 15 denotes this channelas a physical uplink
`
`shared channel PUSCH).
`
`Wedo not fully understand the rejection to the clause in claim 12 that recites:
`
`compute an initial transmit power for the uplink shared channel using full
`pathloss compensation, wherein the initial
`transmit power depends on a
`preamble powerofa first message sent on an access channel, andis initialized
`with the second powercontrol adjustmentstate f(0)
`
`The office action references to Kim’s §0119 which tells that the UE receives a power
`reference value ULPRand step size ULPS and power margin ULPM from broadcast system
`
`information. After setting up a call for receiving the MBMSservice the UE measures
`
`pathloss PL of the CPICH uponreceiving a signal on the PMBSCH,and then uses Kim’s
`equation (1) to determine the uplink powerthat same UE should use whentransmitting its up-
`TPC commandat block 1103 of Figure 11. Firstly, this appears to be closed loop power
`
`control which could not generate an open loop powercontrolerror as claim 12 recites.
`
`10
`
`

`

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`US Patent Application Ser No. 12/387,661
`Art Unit 2819: confirmation no, 2598
`
`More fundamentally,
`
`the office action further asserts “the MBMS” of Kim’s {0118
`
`purportedly reads on the claim 12 clause “a first message sent on an access channel’ from
`
`which preamble power is used. This is relevant because claim 12 recites that the “initial
`
`transmit power for the uplink shared channel” depends on that preamble powerof the access
`
`channel.
`
`It appears the rejection of claim 12 relies on Kim’s MBMSasreading on the
`
`claimed access channel, but that cannot be for MBMSis data in Kim’s usage, not a channel.
`
`The MBMSis sent on the PBMSCH,but the PBMSCHcannot read on the claim 12 access
`
`channel becauseit is already asserted against the claim 12 “uplink shared channel’. Kim’s
`
`disclosure cited against claim 12 as cited by the office action recites three channels:
`PBMSCH, CPCCH, and CPICH. Noneofthose qualify as an access channel as that term is
`used in the subject application, or as that
`term is widely understood in the wireless
`
`communicationarts.
`
`Wenote that the claim 12 access channel is more particularly stated at dependent claim 13 as
`a random access channel.
`In rejecting claim 13 the office action cites to Kim at 40084 and
`Figure 5. Kim discloses there that the UE sends on a RACH a MBMSservice request 502,to
`which the RNC responds:on a forward access channel FACH with MBMSinformation 506.
`
`Kim’s RACHis the correct channel, but in Kim’s teachings fails to satisfy the powerinter-
`relationshipsrecited for it at claim 12. Nowhereis it seen that Kim makesinitial or any other
`transmit power on its PMBSCH(Figure 11) dependent on the transmit power, preamble or
`otherwise, that Kim’s UE uses to transmit its MBMSservice request on the RACH (Figure
`5).
`
`The novelty rejection to claims 12-13, as well as to claims 1-2 and 11, is therefore overcome.
`As Kim has no linkage of how power on the RACH might be relevant to power on the
`PMBSCH,it is not obvious that the chasm detailed above between Kim andclaims 12-13 can
`be closed with only ordinary skill, and this also applies equally to claims 1-2 and 10.
`
`Neither of the other two cited references, NPL1 or NPL2, alone or in combination, is seen to
`cure this significant shortfall in the rejection of the independent claims. Therefore at this
`
`11
`
`

`

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`US Patent Application Ser No. 12/387,661
`Art Unit 2819: confirmation no. 2598
`
`time and without prejudice for all other claims not specifically argued above we ground
`
`patentability on at least their dependency from one of independentclaims 1, 10 or 12.
`
`All claims are now in condition for allowance, and the Applicants respectfully request the
`
`Examiner to withdraw all outstanding rejections and to pass claims 1-20 to issue. The
`undersigned representative welcomesthe opportunity to resolve any matters that may remain,
`
`formal or otherwise, via teleconference at the Examiner’s discretion.
`
`Mereh2.Ao/2_
`
`Respectfully submitted;
`
`Date
`
`Reg. No.: 46,008
`
`Customer No.: 29,683
`HARRINGTON & SMITH, Attomeys at Law, LLC
`4 Research Drive
`Shelton, CT 06484-6212
`Phone:
`(203) 925-9400, ext 12
`Facsimile:
`(203) 944-0245
`Email:
`jstanton@hspatent.com
`
`CERTIFICATE OF MAILING
`
`| hereby certify that this correspondenceis 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.
`
`March 2, Laz
`
`Date
`
`Becur Qibero
`
`Nameof Person Making Deposit
`
`12
`
`