Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 5 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 5 recites the limitation "the means for harvesting" in lines 2-3. There is insufficient antecedent basis for this limitation in the claim.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-8 and 10 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,626,754. Although the claims at issue are not identical, they are not patentably distinct from each other because all the elements are mentioned explicitly or implicitly.
See claim comparisons in the tables below:
[AltContent: textbox (Claim 16: A method comprising:
detecting a radio frequency (RF) field at an antenna; determining whether or not the RF field is greater than an ambient threshold; and
for determining that the RF field is greater than the ambient threshold, receiving wireless power from a wireless power transmission system (WPTS) for storage in an energy storage device; or
for determining that the RF field is not greater than the ambient threshold, harvesting ambient energy for storage in the energy storage device.)][AltContent: textbox (Claim 1: A method comprising:
determining whether or not a radio frequency (RF) field at an antenna meets an ambient threshold in a wireless power delivery environment; and
for determining that the RF field meets the ambient threshold, receiving wireless power from a wireless power source in the wireless power delivery environment; or
for determining that the RF field is below the ambient threshold, harvesting ambient energy from the wireless power delivery environment.)]Claim 1 of 18/169,393 Claim 16 of U.S. Patent 11,626,754
It is the examiner’s opinion the wording “determining whether or not a radio frequency (RF) field at an antenna meets an ambient threshold in a wireless power delivery environment” from application 18/169,393 is not patentably distinct from the wording “detecting a radio frequency (RF) field at an antenna; determining whether or not the RF field is greater than an ambient threshold” and “receiving wireless power from a wireless power transmission system (WPTS)” from U.S. Patent 11,626,754.
The wording “for determining that the RF field meets the ambient threshold, receiving wireless power from a wireless power source in the wireless power delivery environment” from application 18/169,393 is not patentably distinct from the wording “for determining that the RF field is greater than the ambient threshold, receiving wireless power from a wireless power transmission system (WPTS)” from U.S. Patent 11,626,754.
The wording “for determining that the RF field is below the ambient threshold, harvesting ambient energy from the wireless power delivery environment” from application 18/169,393 is not patentably distinct from the wording “for determining that the RF field is not greater than the ambient threshold, harvesting ambient energy” from U.S. Patent 11,626,754.
[AltContent: textbox (Claim 2: The method of claim 1, wherein for determining that the RF field is below the ambient threshold,
the method further comprises attempting to establish communication with the wireless power source for
receipt of wireless power therefrom after a predetermined amount of the ambient energy is harvested from the wireless power delivery environment.)][AltContent: textbox (Claim 16:…
for determining that the RF field is not greater than the ambient threshold …
Claim 17: The method of claim 16 further comprising directing the antenna to establish a connection with the WPTS.
Claim 18: The method of claim 17 further comprising transmitting a beacon signal to the WPTS, wherein for determining that the RF field is greater than the ambient threshold, the receiving step comprises receiving wireless power from the WPTS in response to the transmitting.)]Claim 2 of 18/169,393 Claims 16-18 of U.S. Patent 11,626,754
It is the examiner’s opinion the wording “determining that the RF field is below the ambient threshold” from application 18/169,393 is not patentably distinct from the wording “for determining that the RF field is not greater than the ambient threshold” from U.S. Patent 11,626,754.
The wording “attempting to establish communication with the wireless power source” from application 18/169,393 is not patentably distinct from the wording “directing the antenna to establish a connection with the WPTS” from U.S. Patent 11,626,754.
The wording “receipt of wireless power therefrom after a predetermined amount of the ambient energy is harvested from the wireless power delivery environment.” from application 18/169,393 is not patentably distinct from the wording “transmitting a beacon signal to the WPTS, wherein for determining that the RF field is greater than the ambient threshold, the receiving step comprises receiving wireless power from the WPTS in response to the transmitting” from U.S. Patent 11,626,754.
[AltContent: textbox (Claim 16: …
for determining that the RF field is not greater than the ambient threshold,
harvesting ambient energy for storage in the energy storage device.)][AltContent: textbox (Claim 3: The method of claim 2 further comprising
determining that the RF field fails to meet the ambient threshold and, in response,
continuing to harvest the ambient energy from the wireless power delivery environment.)]Claim 3 of 18/169,393 Claim 16 of U.S. Patent 11,626,754
It is the examiner’s opinion the wording “determining that the RF field fails to meet the ambient threshold” from application 18/169,393 is not patentably distinct from the wording “for determining that the RF field is not greater than the ambient threshold” from U.S. Patent 11,626,754.
The wording “continuing to harvest the ambient energy” from application 18/169,393 is not patentably distinct from the wording “continuing to harvest the ambient energy” from U.S. Patent 11,626,754.
[AltContent: textbox (Claim 19: The method of claim 16 further comprising
storing the wireless power, or the ambient energy, in the energy storage device.)][AltContent: textbox (Claim 4: The method of claim 1 further comprising
transducing RF energy from the receiving, or the harvesting, to an electric current for transmission to an energy storage device.)]Claim 4 of 18/169,393 Claim 19 of U.S. Patent 11,626,754
It is the examiner’s opinion the wording “transducing RF energy from the receiving, or the harvesting, to an electric current for transmission to an energy storage device” from application 18/169,393 is not patentably distinct from the wording “storing the wireless power, or the ambient energy, in the energy storage device” from U.S. Patent 11,626,754.
Claims 5 and 6 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent 11,626,754 in view of John U.S. PGPub 2009/0058361 A1 (hereinafter John).
Regarding Claim 5, The teaching of the John reference discloses the claimed invention as stated above in claim 1. Furthermore, John teaches wherein for determining that the RF field is below the ambient threshold, the method further comprises trickle charging an energy storage device coupled to the means for harvesting (John, Fig. 7A, Element 99A; Para. [0100], Lines 10-11).
Regarding Claim 6, The teaching of the John reference discloses the claimed invention as stated above in claim 1. Furthermore, John teaches wherein the harvesting comprises transducing ambient RF energy from at least one of Wi-Fi and cellular RF signals in the wireless power delivery environment (John, Fig. 1A; Para. [0050]).
[AltContent: textbox (Claim 7: The method of claim 1 further comprising
detecting the RF field at the antenna.)][AltContent: textbox (Claim 16: A method comprising:
detecting a radio frequency (RF) field at an antenna.)]Claim 7 of 18/169,393 Claim 16 of U.S. Patent 11,626,754
It is the examiner’s opinion the wording “detecting the RF field at the antenna” from application 18/169,393 is not patentably distinct from the wording “detecting a radio frequency (RF) field at an antenna” from U.S. Patent 11,626,754.
[AltContent: textbox (Claim 16: …
receiving wireless power from a wireless power transmission system (WPTS) for storage in an energy storage device …
harvesting ambient energy for storage in the energy storage device.)][AltContent: textbox (Claim 8: The method of claim 1 further comprising
transmitting an electric current generated by the receiving, or by the harvesting,
to at least one of an energy storage device and an electronic device.)]Claim 8 of 18/169,393 Claim 16 of U.S. Patent 11,626,754
It is the examiner’s opinion the wording “transmitting an electric current generated by the receiving, or by the harvesting, to at least one of an energy storage device and an electronic device” from application 18/169,393 is not patentably distinct from the wording “receiving wireless power from a wireless power transmission system (WPTS) for storage in an energy storage device … harvesting ambient energy for storage in the energy storage device” from U.S. Patent 11,626,754.
[AltContent: textbox (Claim 10: A system comprising:
means for determining whether or not a radio frequency (RF) field at an antenna meets an ambient threshold in a wireless power delivery environment;)][AltContent: textbox (Claim 9: A system comprising:
an antenna; peak detector circuitry communicatively coupled with the antenna and operable to detect a radio frequency (RF) field;
… when the RF field is greater than an ambient threshold
… when the RF field is less than the ambient threshold)]Claim 10 of 18/169,393 Claim 9 of U.S. Patent 11,626,754
[AltContent: textbox (Claim 10 (cont.):
; means for receiving wireless power from a wireless power source in the wireless power delivery environment when the RF field meets or exceeds the ambient threshold; and
means for harvesting ambient energy from the wireless power delivery environment when the RF field is below the ambient threshold.)][AltContent: textbox (Claim 9 (cont.):
an active energy harvesting component enabled when the RF field is greater than an ambient threshold, the active energy harvesting component operable to receive wireless power from a wireless power transmission system (WPTS) for storage in an energy storage device
and a passive energy harvesting component enabled when the RF field is less than the ambient threshold, the passive energy harvesting component operable to harvest ambient RF energy for storage in the energy storage device.)]Claim 10 of 18/169,393 Claim 9 of U.S. Patent 11,626,754
It is the examiner’s opinion the wording “means for determining whether or not a radio frequency (RF) field at an antenna meets an ambient threshold in a wireless power delivery environment” from application 18/169,393 is not patentably distinct from the wording “an antenna; peak detector circuitry communicatively coupled with the antenna and operable to detect a radio frequency (RF) field … when the RF field is greater than an ambient threshold … when the RF field is less than the ambient threshold” from U.S. Patent 11,626,754.
The wording “means for receiving wireless power from a wireless power source in the wireless power delivery environment when the RF field meets or exceeds the ambient threshold” from application 18/169,393 is not patentably distinct from the wording “an active energy harvesting component enabled when the RF field is greater than an ambient threshold, the active energy harvesting component operable to receive wireless power from a wireless power transmission system (WPTS)” from U.S. Patent 11,626,754.
The wording “means for harvesting ambient energy from the wireless power delivery environment when the RF field is below the ambient threshold” from application 18/169,393 is not patentably distinct from the wording “a passive energy harvesting component enabled when the RF field is less than the ambient threshold, the passive energy harvesting component operable to harvest ambient RF energy for storage in the energy storage device” from U.S. Patent 11,626,754.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-21 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by John U.S. PGPub 2009/0058361 A1 (hereinafter John).
Regarding Claim 1, John teaches a method comprising: determining whether or not a radio frequency (RF) field (John, Fig. 1A, “S1” and “S2”; Para. [0049]) at an antenna (John, Fig. 1A, Element 14A; Para. [0049], and Fig. 2A, Element 14C; Para. [0057]) meets an ambient threshold in a wireless power delivery environment (John, Para. [0058]); and for determining that the RF field meets the ambient threshold (John, Fig. 1A, “S2”; Para. [0049]), receiving wireless power from a wireless power source (John, Fig. 1A, Element 12A “Pt1”; Para. [0049]) in the wireless power delivery environment; or for determining that the RF field is below the ambient threshold, harvesting ambient energy from the wireless power delivery environment (John, Fig. 1A, “S1”; Paras. [0049], and [0056] – [0062]).
Regarding Claim 2, The teaching of the John reference discloses the claimed invention as stated above in claim 1. Furthermore, John teaches wherein for determining that the RF field is below the ambient threshold (John, Para. [0058], “triggered if power harvesting falls below a selected level”), the method further comprises attempting to establish communication with the wireless power source for receipt of wireless power therefrom after a predetermined amount of the ambient energy is harvested from the wireless power delivery environment (John, Para. [0058]).
Regarding Claim 3, The teaching of the John reference discloses the claimed invention as stated above in claims 2/1. Furthermore, John teaches further comprising determining that the RF field fails to meet the ambient threshold (John, Para. [0058], “triggered if power harvesting falls below a selected level”) and, in response, continuing to harvest the ambient energy from the wireless power delivery environment (John, Para. [0061]).
Regarding Claim 4, The teaching of the John reference discloses the claimed invention as stated above in claim 1. Furthermore, John teaches further comprising transducing RF energy from the receiving (John, Fig. 1A, “S2”; Para. [0049]), or the harvesting (John, Fig. 1A, “S1”; Para. [0049]), to an electric current for transmission to an energy storage device (John, Fig. 1A, Element 34,“ES”; Para. [0056]).
Regarding Claim 5, The teaching of the John reference discloses the claimed invention as stated above in claim 1. Furthermore, John teaches wherein for determining that the RF field is below the ambient threshold, the method further comprises trickle charging an energy storage device coupled to the means for harvesting (John, Fig. 7A, Element 99A; Para. [0100], Lines 10-11).
Regarding Claim 6, The teaching of the John reference discloses the claimed invention as stated above in claim 1. Furthermore, John teaches wherein the harvesting comprises transducing ambient RF energy from at least one of Wi-Fi and cellular RF signals in the wireless power delivery environment (John, Fig. 1A; Para. [0050]).
Regarding Claim 7, The teaching of the John reference discloses the claimed invention as stated above in claim 1. Furthermore, John teaches further comprising detecting the RF field at the antenna (John, Figs. 2A-2E, Element 14C-J; Paras. [0056] – [0062]).
Regarding Claim 8, The teaching of the John reference discloses the claimed invention as stated above in claim 1. Furthermore, John teaches further comprising transmitting an electric current generated by the receiving, or by the harvesting, to at least one of an energy storage device and an electronic device (John, Para. [0056]).
Regarding Claim 9, John teaches One or more non-transitory computer readable media having stored thereon program instructions which, when executed by a processing system of a machine, cause the machine to (John, Paras. [0171] – [0195]): determine whether or not a radio frequency (RF) field (John, Fig. 1A, “S1” and “S2”; Para. [0049]) at an antenna (John, Fig. 1A, Element 14A; Para. [0049], and Fig. 2A, Element 14C; Para. [0057]) meets an ambient threshold in a wireless power delivery environment (John, Para. [0058]); and receive wireless power from a wireless power source in the wireless power delivery environment (John, Fig. 1A, Element 12A “Pt1”; Para. [0049]) when the RF field is determined to meet the ambient threshold (John, Fig. 1A, “S2”; Para. [0049]); and harvest ambient energy from the wireless power delivery environment when the RF is determined to be below the ambient threshold (John, Fig. 1A, “S1”; Paras. [0049], and [0056] – [0062]).
Regarding Claim 10, John teaches a system comprising: means for determining whether or not a radio frequency (RF) field at an antenna meets an ambient threshold in a wireless power delivery environment (John, Figs. 1A and 2A-2E, Element 38, “PRC”; Para. [0057]); means for receiving wireless power (John, Fig. 1A, Antenna 14A receiving signals “S1” and “S2”; Para. [0049]) from a wireless power source in the wireless power delivery environment (John, Fig. 1A, Element 12A “Pt1”; Para. [0049]) when the RF field meets or exceeds the ambient threshold (John, Fig. 1A, “S2”; Para. [0049]); and means for harvesting ambient energy (John, Fig. 1A, Element 30, “EH”; Para. [0049]) from the wireless power delivery environment when the RF field is below the ambient threshold (John, Fig. 1A, “S1”; Paras. [0049], and [0056] – [0062]).
Regarding Claim 11, The teaching of the John reference discloses the claimed invention as stated above in claim 10. Furthermore, John teaches further comprising means for detecting the RF field (John, Fig. 1A, Element 18A, “S1”; Para. [0049], Lines 4-5, “sensor modules”) at the antenna (John, Fig. 1A, Elements 14A), wherein the means for detecting (John, Fig. 1A, Element 18A, “S1”) is coupled to the means for determining (John, Figs. 1A and 2A-2E, Element 38, “PRC”; Para. [0057]).
Regarding Claim 12, The teaching of the John reference discloses the claimed invention as stated above in claims 11/10. Furthermore, John teaches further comprising the antenna (John, Fig. 1A, Elements 14A) coupled to the means for detecting (John, Fig. 1A, Element 18A, “S1”).
Regarding Claim 13, The teaching of the John reference discloses the claimed invention as stated above in claim 10. Furthermore, John teaches wherein the means for harvesting (John, Fig. 1A, Element 30, “EH”) is configured to transduce ambient RF energy from the wireless power delivery environment to an electric current for transmission to an energy storage device (John, Figs. 1A and 2A-2E, Element 34, “ES”; Paras. [0049], and [0056] – [0062]).
Regarding Claim 14, The teaching of the John reference discloses the claimed invention as stated above in claims 13/10. Furthermore, John teaches further comprising the energy storage device (John, Figs. 1A and 2A-2E, Element 34, “ES”) coupled to the means for harvesting (John, Fig. 1A, Element 30, “EH”).
Regarding Claim 15, The teaching of the John reference discloses the claimed invention as stated above in claims 14/13/10. Furthermore, John teaches wherein at least one of: the energy storage device includes at least one of a battery and a capacitor; and the energy storage device includes protection circuitry (John, Figs. 1A and 2A-2E, Element 34, “ES”; Para. [0056], “rechargeable battery”).
Regarding Claim 16, The teaching of the John reference discloses the claimed invention as stated above in claim 10. Furthermore, John teaches wherein the system is collocated, or associated, with an electronic device, and wherein at least one of the means for receiving and the means for harvesting is coupled to at least a portion of the electronic device for transmission of an electric current thereto (John, Figs. 6A-6D, Element 5; Para. [0097], “device 5”).
Regarding Claim 17, The teaching of the John reference discloses the claimed invention as stated above in claims 16/10. Furthermore, John teaches wherein the electronic device is, or includes, one of: a server desktop, a desktop computer, a computer cluster, a mobile computing device, a laptop computer, a handheld computer, a mobile phone, and smart phone, a video game controller, a safety sensor, an electric toothbrush, an electronic door lock, an electronic door handle, an electric light switch controller, and an electric shaver, a wearable device, and a device embedded on or within a person (John, Figs. 6B-6D, Element 5; Para. [0098], “cell-phone”).
Regarding Claim 18, The teaching of the John reference discloses the claimed invention as stated above in claim 10. Furthermore, John teaches wherein the means for receiving is configured to transduce RF energy from an RF wireless power signal received from the wireless power source to an electric current for transmission to an energy storage device (John, Figs. 1A and 2A-2E, Element 34, “ES”; Paras. [0049], and [0056] – [0062]).
Regarding Claim 19, The teaching of the John reference discloses the claimed invention as stated above in claims 18/10. Furthermore, John teaches further comprising the energy storage device (John, Figs. 1A, Element 34, “ES”) coupled to the means for receiving (John, Fig. 1A, Antenna 14A).
Regarding Claim 20, The teaching of the John reference discloses the claimed invention as stated above in claims 19/18/10. Furthermore, John teaches wherein at least one of: the energy storage device (John, Figs. 1A, Element 34, “ES”) includes at least one of a battery and a capacitor; and the energy storage device includes protection circuitry (John, Figs. 1A and 2A-2E, Element 34, “ES”; Para. [0056], “rechargeable battery”).
Regarding Claim 21, The teaching of the John reference discloses the claimed invention as stated above in claim 10. Furthermore, John teaches further comprising a rectifier (John, Fig. 8A, Element 204; Para. [0109]) coupled to at least one of the means for receiving (John, Fig. 8A, Element 200; Para. [0108]) and the means for harvesting (John, Fig. 1A, Element 30, “EH”; Para. [0049]) to convert an alternating current to a direct current for transmission to an energy storage device (John, Fig. 8A, Element 204; Para. [0109], “rectification”).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Whitworth et al. U.S. PGPub 2013/0328416 teaches a wireless energy harvester.
Salman et al. U.S. PGPub 20200285925 teaches radio frequency energy harvesting.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JERRY D ROBBINS whose telephone number is (571)272-7585. The examiner can normally be reached 9:00AM - 6:00PM Tuesday-Saturday.
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/JERRY D ROBBINS/ Examiner, Art Unit 2859