DETAILED ACTION
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 .
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 04/13/2026 has been entered.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-30 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 –
Claim(s) 1-2, 11-14, 16-24, 28-30 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by SAILY et al. (US Pub No. 2024/0163840).
Claim 1, SAILY discloses a method to support one or more positioning operations performed by a receive network entity (Fig. 1, Base Station 134, Core Network 150), the method comprising: receiving, from a transmit network entity, a data signal via a first channel (par [0043-0044] disclosed in specifically of a positioning procedure to assist in obtaining measurements (such as channel estimate information), and other positioning control entity to determine a location or position of the one or more backscatter nodes to support each of the backscatter nodes); receiving, from a tag device (See Fig. 2, and par [0043, 0070]), a backscatter signal based on the data signal received by the tag device via the first channel, the backscatter signal received via a second channel that is different from the first channel (par [0043-0044, 0065, 0070] “ disclosed distinct from the first channel by channel corresponding to an assigned backscatter to provide different channel and determine a location of at least some of the backscatter nodes, and channel estimate information from a plurality of second (measuring) UEs); and transmitting a report that indicates a position measurement associated with a position of the tag device, the position measurement determined based on the received data signal and the received backscatter signal (par [0044, 0058, 0061-0064] disclosed a report that indicates a position measurement associated with a position of the tag device, the position measurement determined based on the received data signal and the received backscatter signal by performed such as a PRS, the backscatter nodes or tags perform a frequency shift by an assigned backscatter frequency offset and reflect a received reference signal, and backscatter to provide different channel and determine a location of at least some of the backscatter nodes, and channel estimate information from a plurality of second (measuring) UEs) par [0068]).
Claim 2, 19, SAILY further discloses the method of claim 1, wherein the second channel is frequency shifted relative to a frequency of the first channel (par [0043-0044] from the first channel by channel corresponding to an assigned backscatter to provide different channel and determine a location of at least some of the backscatter nodes, and configuration information comprising the backscatter frequency offsets assigned to the backscatter nodes to be positioned).
Claim 11, SAILY further discloses the method of claim 10, wherein the group delay corresponds to a third quantity of time for the tag device to generate the backscatter signal based on the data signal (par [0070-0075] disclosed FIG. 10, 11 are a diagram that shows this process of waking up the hardware of the backscatter node. After a fixed delay, that is being assigned to the backscatter node or backscatter tag. A neighborhood or group ID (identifier)).
Claim 12, SAILY discloses a method to support one or more positioning operations performed by a location management function (LMF) (See Fig. 7, LMF 710), the method comprising: transmitting, to a first network entity and a second network entity (Fig. 7), tag information associated with a tag device ( See Fig. 2, and par [0043, 0070]), the second network entity configured to activate the tag device based on the tag information (par [0070-0075, 0096-0099] applied from the backscatter tags/backscatter nodes; 7b) (FIG. 7) Activate UE PRS transmission: The gNB 712 may activate the UE's PRS transmission. The initiator UE (UE0) performs the positioning (e.g., PRS) signal transmission according to the time domain behavior of PRS resource configuration using the sidelink); receiving, from the first network entity, a report that includes a position measurement indicating a position of the tag device, the position measurement based on a data signal received by the first network entity from the second network entity via a first channel, and a backscatter signal received by the first network entity from a tag device via a second channel, the backscatter signal based on the data signal (par [0044, 0058, 0061-0064] disclosed a report that indicates a position measurement associated with a position of the tag device, the position measurement determined based on the received data signal and the received backscatter signal by performed such as a PRS, the backscatter nodes or tags perform a frequency shift by an assigned backscatter frequency offset and reflect a received reference signal, and backscatter to provide different channel and determine a location of at least some of the backscatter nodes, and channel estimate information from a plurality of second (measuring) UEs) par [0068]); and identifying a position of the tag device based on the report (par [0044-0045, 0064] the LMF may use trilateration or other positioning procedure to determine a location or position of each of one or more backscatter nodes (backscatter tags) or assets).
Claim 13, SAILY further discloses the method of claim 12, wherein the tag information includes a sensitivity indicator that indicates a sensitivity of the tag device to a data signal transmitted by the second network entity, a group delay indicator that indicates a processing time incurred by the tag device to generate a backscatter signal based on the data signal, capability information that indicates a capability of the tag device to shift a frequency of the data signal, a tag identifier, a bandwidth of the backscatter signal, or a combination thereof (par [0070-0075] of SAILY disclosed the N frequency resources may be assigned to a selected group of N backscatter nodes, where the frequency resources may be used to frequency shift and reflect a received PRS signal, for positioning the selected group of N backscatter nodes, and par [0016, 0018, 0121] of YANG supporting by at least one physical uplink control channel PUCCH resource group has been configured on at least one bandwidth part BWP; that a plurality of PUCCH resources).
Claim 14, SAILY further discloses the method of claim 12, wherein the first network entity information includes a capability of the first network entity to perform a positioning operation based on the data signal and based on the backscatter signal, a location of the first network entity, or a combination thereof (par [0044, 0058, 0061] disclosed a report that indicates a position measurement associated with a position of the tag device, the position measurement determined based on the received data signal and the received backscatter signal).
Claim 18, the claim is rejected for the same reasons as set for in claim 12.
Claim 20, SAILY further discloses the method of claim 19, further including: transmitting, to the tag device, a tag device activation signal based on the sequence, wherein, based on receipt of the tag device activation signal, the tag device is configured to transmit the backscatter signal based on the data signal (par [0038, 0078-0080] the RF (or wireless signal) source emits RF (or wireless) signals to activate a backscatter node functioning as a backscatter transmitter).
Claim 21, SAILY further discloses the method of claim 20, wherein transmitting the tag device activation signal includes transmitting the tag device activation signal on the first channel, wherein one or more resource blocks (RBs) of the first channel are allocated to encode the tag device activation signal (par [0043] “applied by performed channel estimate information indicates an estimate of a channel between one of the plurality of second user devices and each of the at least some of the backscatter nodes, and wherein the channel estimate information received from each second user device is based on the transmitted positioning signal that is frequency shifted by an assigned backscatter frequency offset and reflected by each of the at least some of the backscatter nodes where to using control functions or blocks in associated with the backscatter nodes”); and transmitting the backscatter signal in response to receipt of the activation signal (par [0061]).
Claim 22, SAILY further discloses the method of claim 21, wherein the tag device is an active tag device (See Fig.5, and par [0067] the tag device is an active tag device).
Claim 23, SAILY further discloses the method of claim 21, wherein transmitting the tag device activation signal includes transmitting the tag device activation signal on a third channel, wherein the tag device activation signal is transmitted prior to transmission of the data signal on the first channel (par [0094-0097] reflect the signal back with acknowledgement that the configuration was successful. The UEs (e.g., UE0 to UE3) may receive the reflected responses (acknowledgements) from the backscatter tags/backscatter nodes; 7b) (FIG. 7) Activate UE PRS transmission: The gNB 712 may activate the UE's PRS transmission).
Claim 24, SAILY further discloses the method of claim 23, wherein the tag device is a passive tag device or a semi-passive tag device (See Fig.7, and par [0094-0097] performed of the tag device is a passive tag device).
Claim 28, SAILY discloses a method to support one or more positioning operations performed by a tag device (See Fig. 2), the method comprising: receiving a data signal on a first channel (par [0044] “disclosed in specifically of a positioning procedure to assist in obtaining measurements (such as channel estimate information), and other positioning control entity to determine a location or position of the one or more backscatter nodes to support each of the backscatter nodes”); the data signal modulated with data associated with a communication operation (par [0035] “ backscatter communication may allow a backscatter node to reflect a received ambient signal while modulating data onto the reflected signal. For example, the reflected backscatter signal may be modulated using active (or switched) load modulation “); and transmitting a backscatter signal on a second channel, distinct from the first channel, wherein the backscatter signal is generated based on the data signal (par [0044] “ distinct from the first channel by channel corresponding to an assigned backscatter to provide different channel and determine a location of at least some of the backscatter nodes, and channel estimate information from a plurality of second (measuring) UEs.; and wherein data modulated onto the data signal is modulated onto the backscatter signal (par [0035, 0040, 0067] a backscatter node to reflect a received ambient signal while modulating data onto the reflected signal. For example, the reflected backscatter signal may be modulated using active (or switched) load modulation in which the load of the antenna (of the transmitting backscatter device) is varied or changed, which may allow different data values (e.g., different phases) to be applied to the reflected signal).
Claim 29, SAILY further discloses the method of claim 28, further comprising: receiving an activation signal on the first channel, the activation signal interspersed on resource blocks (RBs) of the first channel together with data included in the data signal (par [0043] “applied by performed channel estimate information indicates an estimate of a channel between one of the plurality of second user devices and each of the at least some of the backscatter nodes, and wherein the channel estimate information received from each second user device is based on the transmitted positioning signal that is frequency shifted by an assigned backscatter frequency offset and reflected by each of the at least some of the backscatter nodes where to using control functions or blocks in associated with the backscatter nodes”); and transmitting the backscatter signal in response to receipt of the activation signal (par [0061]).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 7-9, 15-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over SAILY et al. (US Pub No. 2024/0163840) in view of YANG et al. (US Pub No. 2022/0264323).
Claim 7, 15, SAILY discloses the method of claim 1 as discussed above. YANG discloses wherein the receive network entity is one of a user equipment (UE) or a transmission reception point (TRP), and the transmit network entity is the other of the UE or the TRP (par [0016-0017, 0115] YANG applied a technique of by the receive network entity is one of a user equipment (UE) or a transmission reception point (TRP), and the transmit network entity is the other of the UE to use a plurality of channel state information reference signal CSI-RS resources). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide of YANG to the system of SAILY in order to support channel information determining method, network device, and terminal device.
Claim 8, 16, YANG further discloses the method of claim 7, wherein, when the receive network entity is the UE, the first channel is a physical downlink shared channel (PDSCH) and the second channel is a backscatter PDSCH (par [0018-0019] YANG performed by first channel is a physical downlink shared channel (PDSCH) and the second channel is a backscatter PDSCH and in par [0008] of YANG, and par [0043-0044] of SAILY).
Claim 9, 17, YANG further discloses the method of claim 7, wherein, when the receive network entity is the TRP, the first channel is a physical uplink shared channel (PUSCH) and the second channel is a backscatter PUSCH (par [0010-0011] YANG performed by the receive network entity is the TRP, the first channel is a physical uplink shared channel (PUSCH) and the second channel is a backscatter PUSCH and in par [0010] of YANG, and par [0043-0044] of SAILY).
Allowable Subject Matter
Claims 3-6, 10, 25-27 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.
The prior of record either alone or in combination fails to disclose.
Claim 3, the method of claim 1, further including: storing a first set of parameters associated with the first channel, wherein the first set of parameters include a first value corresponding to a first frequency of the first channel, a second value corresponding to a first bandwidth of the first channel, a third value corresponding to a first path loss of the first channel, or a combination thereof.
Claim 4, the method of claim 1, further including: estimating a first set of parameters associated with the first channel, wherein the first set of parameters include a first value corresponding to a first frequency of the first channel, a second value corresponding to a first bandwidth of the first channel, a third value corresponding to a first path loss of the first channel, or a combination thereof.
Claim 5, the method of claim 1, further including: decoding, based on a first set of parameters associated with the first channel, data included in the data signal, wherein the first set of parameters include a first value corresponding to a first frequency of the first channel, a second value corresponding to a first bandwidth of the first channel, a third value corresponding to a first path loss of the first channel, or a combination thereof; and determining a tag device position measurement estimation based on the decoded data.
Claim 10, the method of claim 1, wherein: the position measurement corresponds to a time of arrival (ToA) associated with the backscatter signal, and the ToA corresponds to a sum of a first quantity of time for the data signal to arrive at the tag device via the first channel and a second quantity of time for the backscatter signal to arrive at the receive network entity via the second channel minus a group delay.
Claim 25, the method of claim 21, further including: transmitting, to the tag device, a tag device deactivation signal based on the sequence, wherein, based on receipt of the tag device deactivation signal, the tag device is configured to deactivate a backscatter functionality.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Wang et al. (US Pub No. 2022/0225418) discloses wireless networks without uplink transmit power control.
LI et al. (US Pub No. 2019/0141638) discloses open-loop power control method and device.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHUOC HUU DOAN whose telephone number is (571)272-7920. The examiner can normally be reached 8:00AM - 4:00PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JEANETTE PARKER can be reached at 571-270-3647. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/PHUOC H DOAN/Primary Examiner, Art Unit 2646
Prosecution Insights