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 .
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-13, 15-18, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over DEES et al (US 2024/0267113).
Regarding claim 1, DEES discloses a wireless communication method, comprising:
receiving, by a terminal device, a first signal transmitted by a first device on an uplink resource (DEES: ¶316, ¶318, ¶321, ¶156, the wireless terminal (equivalent to claimed terminal device) receives an RF energy signal from the relay station (a first device); ¶116, ¶156, ¶244, this resource being used to communicate between the relay station (first device) and the wireless terminal (terminal device)); and
performing a backscattering communication when the first signal is configured to energize the terminal device and (DEES: ¶321, the first signal/RF energy signal from the relay station energize the terminal device and downlink data signals; ¶), wherein the first device is a device other than a network device that provides services to the terminal device (DEES: ¶321, the wireless devices is energized by a signal, sent by the relay station with RF energy, from the relay station).
DEES remains silent regarding the message configured for the terminal device to perform the backscattering communication.
However, in at least one embodiment, DEES discloses that the message is configured for the terminal device to perform the back scattering (DEES: ¶325, the wireless devices uses one of the signals including the signal of ¶321, sent by the relay station with RF energy, from the relay station and uses it to enable backscattering; ¶338, ¶244, all the signals are relayed by the relay station including the signal)
A person of ordinary skill in the art working with the invention of DEES would have been motivated to use the teachings of the embodiment of ¶325 and 338, as it provides energy and configuration to a TX-limited UE which is remote thereby extending the service to low power UEs that are farther away from the base station/cell station Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify invention of DEES with teachings of the embodiment of ¶325, ¶338, ¶340 in order to improve the coverage of the network.
Regarding claim 2, DEES discloses method according to claim 1, the method further comprises:
modulating, by the terminal device, the first signal to obtain a backscattering signal (DEES: ¶324, backscattering includes modulating the signals that are to be backscattered); and transmitting, by the terminal device, the backscattering signal to the network device (DEES: ¶324, ¶244, transmit the backscattered signals to the cell station via relay station).
Regarding claim 3, DEES discloses method according to claim 1, wherein when the first signal is not configured for the terminal device to perform the backscattering communication (DEES: ¶323, the signal received by the terminal device contains information on decision making information (e.g. a threshold) regarding when not to perform the back scattering), and the method further comprises:
modulating, by the terminal device, a first carrier signal transmitted by a second device to obtain a backscattering signal; and transmitting, by the terminal device, the backscattering signal to the network device (DEES: ¶323-324, a signal (second signal by a second device) for which the terminal device decides to perform backscattered communication, is modulated and transmitted by the wireless terminal as backscattered transmission;).
Regarding claim 4, DEES discloses method according to claim 1, further comprising: receiving, by the terminal device, a second signal transmitted by the first device on a downlink resource; wherein the second signal is configured to energize the terminal device (DEES: ¶318, ¶321, the signal that is received by the wireless terminal (terminal device) is configured to provide energy/to energize the terminal device).
Regarding claim 5, DEES discloses method according to claim 1, further comprising: receiving, by the terminal device, a third signal transmitted by the network device (DEES: ¶322, ¶324, ¶244, a direct (or an indirect) signal from the cell station (network device)); wherein the third signal is configured to schedule or trigger the terminal device to perform the backscattering communication (DEES: 322, a direct message/signal is sent from the cell station (network device) to trigger/set bit for backscatter communication mode thereby triggering the backscattered communication mode).
Regarding claim 6, DEES discloses method according to claim 5, wherein the third signal comprises a first indicative information, the first indicative information being configured to indicate a first time unit offset; the first time unit offset is configured to indicate a time unit offset of a time unit at which the terminal device transmits a backscattering signal relative to a time unit at which the third signal is located (DEES: ¶324, time delay/offset to be applied to the message that has the backscatter communication performing instruction).
Regarding claim 7, DEES discloses method according to claim 5, further comprising:
performing, by the terminal device, the backscattering communication on a next time unit of a time unit at which the third signal is located, in response to the third signal not indicating a time information at which the terminal device transmits a backscattering signal; or performing, by the terminal device, the backscattering communication on a first uplink resource after a time unit at which the third signal is located, in response to the third signal not indicating a time information at which the terminal device transmits a backscattering signal (DEES: ¶325, a message that has the backscatter communication performing instruction; that is the backscatter communication takes place after the message that configures/instructs the wireless terminal (terminal device) to perform backscatter communication) .
Regarding claim 8, DEES discloses method according to claim 1, wherein the terminal device is a zero-power device, the first device is a dedicated power supply node, and the first device is a non-zero-power device (DEES: ¶316, Fig. 13, the wireless terminal is a device with no internal energy source and only source of energy for it is the harvested energy through wireless signals; ¶152, the Relay station is not an IOT/low power or zero power device and has sufficient power to perform relaying for zero power devices).
Regarding claim 9, DEES discloses method according to wireless communication method, comprising:
transmitting, by a first device, a first signal to a terminal device on an uplink resource (DEES: ¶316, ¶318, ¶321, ¶156, the wireless terminal (equivalent to claimed terminal device) receives an RF energy signal from the relay station (a first device); ¶116, ¶156, ¶244, this resource being used to communicate between the relay station (first device) and the wireless terminal (terminal device));
wherein the first signal is configured to energize the terminal device (DEES: ¶321, the first signal/RG energy signal from the relay station energize the terminal device); wherein the first device is a device other than a network device that provides services to the terminal device (DEES: ¶321, the wireless devices uses the signal, sent by the relay station with RF energy, from the relay station and uses it to enable backscattering).
DEES remains silent regarding the message configured for the terminal device to perform the backscattering communication.
However, in at least one embodiment, DEES discloses that the message is configured for the terminal device to perform the back scattering (DEES: ¶325, the wireless devices uses one of the signals including the signal of ¶321, sent by the relay station with RF energy, from the relay station and uses it to enable backscattering; ¶338, ¶244, all the signals are relayed by the relay station including the signal)
A person of ordinary skill in the art working with the invention of DEES would have been motivated to use the teachings of the embodiment of ¶325 and 338, as it provides energy and configuration to a TX-limited UE which is remote thereby extending the service to low power UEs that are farther away from the base station/cell station Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify invention of DEES with teachings of the embodiment of ¶325, ¶338, ¶340 in order to improve the coverage of the network.
Regarding claim 10, DEES discloses method according to claim 9, further comprising:
receiving, by the first device, a fourth signal transmitted by the network device; wherein the fourth signal is configured to schedule or trigger the first device to transmit the first signal, the first signal being transmitted by the first device based on the fourth signal (DEES: ¶321, the relay station (first device) receives a signal from the cell station (network device) a signal that triggers the relay station (first device) to transmit a signal (first signal) to the wireless terminal (terminal device) ).
Regarding claim 11, DEES discloses method according to claim 10, wherein the fourth signal is configured to schedule the first device to transmit the first signal from a first time unit for uplink data transmission; or the fourth signal is configured to schedule the first device to start transmitting the first signal before the first time unit for uplink data transmission; or the fourth signal is configured to schedule the first device to start transmitting the first signal after the first time unit for uplink data transmission (DEES: ¶333-337, ¶341, the configuration message (fourth signal) is received by the relay station based on which the relay station performs configuration of scheduling related to backscatter communication where the uplink communication occurs after the relay station transmits the configuration information/control information to the wireless terminal (first signal)).
Regarding claim 12, DEES discloses method according to claim 9, wherein the first device is configured to transmit the first signal within a first time window; the first time window is determined according to predefined information and/or indicative information of the network device (DEES: ¶314-317, ¶245-247, period of time (window) of downlink and uplink resources are configured by the cell station (network device); based on the schedule configured, the first time for first signal transmission is determined).
Regarding claim 13, DEES discloses method according to claim 12, wherein the first time window is determined according to a scheduling information for the first signal in a fourth signal transmitted by the network device, and the fourth signal is configured to schedule or trigger the first device to transmit the first signal (DEES: ¶314-317, ¶245-247, period of time (window) of downlink and uplink resources are configured by the cell station (network device); based on the schedule configured, the first time for first signal transmission is determined).
Regarding claim 15, DEES discloses method according to claim 9, wherein the first device is configured to transmit the first signal on a first time unit set;
the first time unit set is determined according to predefined information and/or indicative information of the network device; the indicative information of the network device comprises a third indicative information, and the third indicative information is configured to indicate one of a plurality of predefined time unit sets (DEES: ¶244, ¶245-247, ¶322-323, wakeup and transmitting/receiving schedule is indicated among which a schedule for transmission of the first signal (signal from the relay to the wireless terminal (terminal device) is indicated).
Regarding claim 16, DEES discloses method according to claim 9, further comprising:
transmitting, by the first device, a second signal to the terminal device on a downlink resource; wherein the second signal is configured to energize the terminal device (DEES: ¶321, ¶244, the first signal/RF energy signal from the relay station energize the terminal device and ¶338, ¶324, ¶352, Fig. 12, an uplink data signal towards the cell station is transmitted to the wireless terminal to conduct backscatter communication based on a trigger).
Regarding claim 17, DEES discloses method according to claim 16, further comprising: receiving, by the first device, a fifth signal transmitted by the network device; wherein the fifth signal is configured to schedule or trigger the first device to transmit the second signal, the second signal being transmitted by the first device based on the fifth signal (DEES: ¶318, ¶321, the signal that is received by the wireless terminal (terminal device) is configured to provide energy/to energize the terminal device).
Regarding claim 18, DEES discloses method according to claim 16, wherein the second signal is transmitted by the first device at a second transmit power; the second transmit power is predefined, configured by the network device, or determined by the first device (DEES: ¶324, ¶244, transmit power of the RF signal for energy harvesting at the wireless terminal is determined at the relay station and used for transmission).
Regarding claim 20, DEES discloses method according to claim 16, wherein the first device is configured to start or stop transmitting the second signal to the terminal device according to a control signal from the network device (DEES: ¶333-337, ¶341, ¶245-247, the configuration message (fourth signal) is received by the relay station based on which the relay station performs configuration of scheduling related to downlink transmission including the downlink control signals towards wireless terminal).
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over DEES et al (US 2024/0267113) in view of ELKOTBY et al (US 2025/0016822).
Regarding claim 19, DEES discloses method according to claim 18, further comprising:
receiving, by the first device, a power switching instruction signal transmitted by the network device (DEES: ¶321, an instruction for transmission an RF signal with “enough” power is received); and
setting, by the first device, a transmit power of the second signal from the second transmit power to a first transmit power, according to the power switching instruction signal (DEES: ¶321, an instruction for transmission an RF signal with “enough” power is received which is equivalent to setting a transmit power to a certain level enough for energy harvesting);
wherein the first transmit power is a transmit power used by the first device for transmitting a first signal on an uplink resource (DEES: ¶321, ¶244, the first signal/RG energy signal from the relay station energize the terminal device and ¶338, ¶324, ¶352, Fig. 12, an uplink data signal towards the cell station is transmitted to the wireless terminal to conduct backscatter communication based on a trigger);
signals transmitted by the network device relayed by the first device (DEES: ¶244)
DEES remains silent regarding setting comprising switching a transmit power.
However, ELKOTBY et al (US 2025/0016822) discloses setting comprising switching a transmit power (ELKOTBY: ¶184, ¶104, increase/switching transmission power of the transmitted signal).
A person of ordinary skill in the art working with the invention of DEES would have been motivated to use the teachings of ELKOTBY as it provides a way to improve energy harvesting by preventing degradation of the network spectral efficiency (¶105-106) Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify invention of DEES with teachings of ELKOTBY in order to improve spectral efficiency.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over DEES et al (US 2024/0267113) in view of ELSHAFIE et al (US 2022/0352751)
Regarding claim 14, DEES discloses method according to claim 13,
wherein the scheduling information for the first signal comprises a second time unit offset and/or a first duration (DEES: ¶333-337, ¶341, the configuration message (fourth signal) is received by the relay station based on which the relay station performs configuration of scheduling related to uplink and downlink signals from the relay station and wireless terminal); the second time unit offset is configured to indicate a time unit offset of a time unit at which the first device starts transmitting the first signal relative to a time unit at which the fourth signal is located (DEES: ¶333-337, ¶341, ¶245-247, the configuration message (fourth signal) is received by the relay station based on which the relay station performs configuration of scheduling related to downlink transmission including the downlink control signals towards wireless terminal); the scheduling information for the first signal further comprises a second indicative information, and the second indicative information is configured to indicate one of a plurality of predefined time windows (DEES: ¶242, periodic wakeup periods are scheduled by the configuration/scheduling information).
DEES remains silent regarding the first duration is configured to indicate a duration for which the first device transmits the first signal.
However, ELSHAFIE et al (US 2022/0352751) discloses a first duration is configured to indicate a duration for which the first device transmits the first signal (ELSHAFIE: ¶42, Fig. 7, energy provision device configures the duration of the harvesting time duration for which the energy signal is transmitted by the provision device).
A person of ordinary skill in the art working with the invention of DEES would have been motivated to use the teachings of ELSHAFIE as it provides a way to improve energy harvesting by matching the transmission of signal duration with the required duration suggested by the device in need of energy. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify invention of DEES with teachings of ELSHAFIE in order to improve overall energy conservation and efficiency of the network.
Response to Arguments
Applicant's arguments filed 7/28/2026 have been fully considered but they are not persuasive.
Applicants argue,
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Examiner respectfully disagrees with the above arguments. Applicants take a position that the device/entity of DEES that sends the energy signal is different from that in the claim. Examiner respectfully submits that DEES in the cited ¶318 and ¶321 states:
The cell station determines at some point that the wireless terminal is Tx-limited and capable of using backscatter communication (e.g. using one of the earlier indicated methods such as capability information or state information received from the wireless terminal, or identity information (e.g. a device belonging to certain group of TX limited devices and/or backscatter devices), or information received from UDM or via NEF, etc.), and therefore it may indicate to the relay station and/or the wireless terminal to initiate or to switch to backscatter communication by e.g. one or more of:
…
[0321] 3. Sending a configuration message to the relay station to instruct it to start listening to backscatter communications from the wireless terminal and possibly to instruct the relay station to transmit enough RF energy for harvesting by the RF energy harvester in the wireless terminal.
The above portions of DEES clearly teach that the signal that is received by the wireless device is to energize the wireless device and is transmitted by the relay device (equivalent to the claimed first device). Furthermore, DEES in ¶325 discloses this RF signal is also a signal which is configured for the terminal device to perform a backscattering communication because this energizing is for the terminal to perform backscattering communication.
[0325] The wireless terminal may use one or more of the above messages to decide to use backscatter communication and configure its receiver and transmitter and signal processing accordingly (e.g. in order to receive an incoming DL signal from the cell station, process the signal in such manner that it can construct an upstream signal that may include (e.g. through multiplexing, signal manipulation) the data/control information that the wireless terminal wants to transmit upstream to the cell station via a relay station.
A person of ordinary skill in the art would reasonably interpret this above teachings of DEES as receiving the first signal transmitted by the relay device (first device) and perform a backscattering communication when the first signal is configured to energize the terminal device and for the terminal device to perform the backscattering communication.
As for the second argument, DEES first signal from the relay station upon getting instructions for the cell station is a single signal that provides energy enough for the wireless terminal to harvest the energy and this energy is used for backscattering.
[0338] In backscatter communication mode, the energy required for the wireless terminal to reflect or modulate the signal towards the relay station is typically harvested from the RF signal of the cell station.
This harvested energy is, in at least scenario (according to ¶321) is received from the relay station.
A person of ordinary skill in the art would reasonably interpret the above as the invention of claim 1. Applicants in their arguments and also the claim 1, itself remains silent regarding any specifics or format of “configuration” that the wireless terminal receives that “configures” it to “perform” the claimed “backscattering”. Therefore, a signal that provides enough energy to the wireless device to be harvested use this to perform the backscattering communication would be reasonably interpreted as the first signal.
A person of ordinary skill in the art working with the invention of DEES would have been motivated to use the teachings of the embodiment of ¶325 and 338, as it provides energy and configuration to a TX-limited UE which is remote thereby extending the service to low power UEs that are farther away from the base station/cell station Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify invention of DEES with teachings of the embodiment of ¶325, ¶338, ¶340 in order to improve the coverage of the network.
Furthermore, Applicants argue that the RF signal of DEES that energizes the wireless terminal does not “configure” the wireless terminal for backscattering. This feature is absent from the claim. The claim recites that the signal needs to be configured for the wireless terminal to perform backscattering. These are two different features and only the latter is claimed. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Also, the RF signal of DEES is not “inherently” configured, it is specifically configured for the wireless terminal to be received by it, energize it and be used by it to perform backscattering.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OMER S MIAN whose telephone number is (571)270-7524. The examiner can normally be reached M,T,W,Th: 10a-7p, Fri, 9a-12p.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Huy D Vu can be reached at 571-272-3155. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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OMER S. MIAN
Primary Examiner
Art Unit 2461
/OMER S MIAN/Primary Examiner, Art Unit 2461
