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 .
Response to Amendment
Applicant’s amendment filled on 05/11/2026 has been entered.
Claims 1,3-5,7-8,10,13,15,17,19-20 are amended.
Claims 2,6,9,14,18 are cancelled.
Claims 21-25 are added.
Claims 1,3-5,7-8,10-13,15-17,19-25 are pending
Response to Arguments
Applicant arguments filed on 05/11/2026 have been fully considered and but are moot in view of the new ground of rejection(s).
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 –
(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.
Claim(s) 1,8,13,17,25 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Friedrich to (US 20050231329 A1)
Regarding claims 1,13 Friedrich teaches determining, by the terminal device, a target uplink channel for transmitting a back scattering signal([0051] The data communication between a base station and a transponder defines a channel, which is designated below as the forward link VL (or downlink). Conversely, the data communication from the transponder back to the base station designates a channel, which is generally designated as a return link RL (or uplink). In addition to the data communication in the return link RL, in backscattering-based transponders, data communication also occurs between transponder and base station in which a transmitted signal is scattered back to the sender with use of a backscatter cross section of the antenna of the receiver) determining, by the terminal device, the target uplink channel for transmitting the back scattering signal according to at least one of: a downlink signaling sent by a network device; ([0013] discloses The communication module causes the mmWave antenna array to transmit an mmWave signal that is swept across a range of frequencies. The communication module receives any back-scattered signals in the swept range of frequencies via the mmWave antenna array)
Regarding claims 8,17 Friedrich teaches determining, by the network device, a target uplink channel for receiving a back scattering signal, ([0051] The data communication between a base station and a transponder defines a channel, which is designated below as the forward link VL (or downlink). Conversely, the data communication from the transponder back to the base station designates a channel, which is generally designated as a return link RL (or uplink). In addition to the data communication in the return link RL, in backscattering-based transponders, data communication also occurs between transponder and base station in which a transmitted signal is scattered back to the sender with use of a backscatter cross section of the antenna of the receiver) determine base on at least one of a frequency location of the target downlink channel; ([0013] discloses The communication module causes the mmWave antenna array to transmit an mmWave signal that is swept across a range of frequencies. The communication module receives any back-scattered signals in the swept range of frequencies via the mmWave antenna array).
Regarding claim 25, Friedrich teaches transmitting, by the terminal device, the back scattering signal on the target uplink channel([0013] discloses The communication module causes the mmWave antenna array to transmit an mmWave signal that is swept across a range of frequencies. The communication module receives any back-scattered signals in the swept range of frequencies via the mmWave antenna array).
Claim Rejections - 35 USC § 103
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.
Claim(s) 3,7,10,15,19,21-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Friedrich to (US 20050231329 A1) in view of MONELL to (WO0232011A1) further in view of MANOLAKOS to (WO 2022060576 A1)
Regarding claims 3,7,10,15,19,21,22 Friedrich does not explicitly teach wherein the target downlink channel is the same as the downlink channel corresponding to the first downlink signal wherein the target downlink channel being the same as the downlink channel corresponding to the first downlink signal comprises that a center frequency point of the target downlink channel is the same as a center frequency point of the downlink channel corresponding to the first downlink signal
However, MONELL teaches wherein the target downlink channel is the same as the downlink channel corresponding to the first downlink signal, (page 18, lines 19-25 discloses the second mobile station MS2 tunes to the target downlink radio frequency carrier F2 and synchronizes according to steps 1-2 described previously, with the target timeslot TS21 on the target downlink radio frequency F2) wherein the target downlink channel being the same as the downlink channel corresponding to the first downlink signal comprises that(page 18, lines 19-25 discloses the second mobile station MS2 tunes to the target downlink radio frequency carrier F2 and synchronizes according to steps 1-2 described previously, with the target timeslot TS21 on the target downlink radio frequency F2), but does not discloses a center frequency point of the target downlink channel is the same as a center frequency point of the downlink channel corresponding to the first downlink signal
However, MANOLAKOS teaches a center frequency point of the target downlink channel is the same as a center frequency point of the downlink channel corresponding to the first downlink signal( [0088]discloses DL PRS Point A parameter defines a frequency of a reference resource block (and the lowest subcarrier of the resource block), with DL PRS resources belonging to the same DL PRS resource set having the same Point A and all DL PRS resource sets belonging to the same frequency layer having the same Point A. A frequency layer also has the same DL PRS bandwidth, the same start PRB (and center frequency), and the same value of comb size (i.e., a frequency of PRS resource elements per symbol such that for comb-N, every N- resource element is a PRS resource element))
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention to enable the system of Friedrich include wherein the target downlink channel is the same as the downlink channel corresponding to the first downlink signal wherein the target downlink channel being the same as the downlink channel corresponding to the first downlink signal comprises that a center frequency point of the target downlink channel is the same as a center frequency point of the downlink channel corresponding to the first downlink signal, as suggested by MONELL and MANOLAKOs. This modification would benefit the system to reduce signal interference.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Friedrich to (US 20050231329 A1) in view of MANOLAKOS to (WO 2022060576 A1)
Regarding claims 4, Friedrich does not explicitly teach wherein a location of the target downlink channel is predefined, wherein the location of the target downlink channel being predefined comprises that: a center frequency point of the target downlink channel is predefined; or wherein the target downlink channel is a channel where a center frequency point of the operating frequency band for the terminal device is located
However, MANOLAKOS teaches wherein a location of the target downlink channel is predefined, wherein the location of the target downlink channel being predefined comprises that: a center frequency point of the target downlink channel is predefined; or wherein the target downlink channel is a channel where a center frequency point of the operating frequency band for the terminal device is located ( [0088]discloses DL PRS Point A parameter defines a frequency of a reference resource block (and the lowest subcarrier of the resource block), with DL PRS resources belonging to the same DL PRS resource set having the same Point A and all DL PRS resource sets belonging to the same frequency layer having the same Point A. A frequency layer also has the same DL PRS bandwidth, the same start PRB (and center frequency), and the same value of comb size (i.e., a frequency of PRS resource elements per symbol such that for comb-N, every N- resource element is a PRS resource element))
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention to enable the system of Friedrich include wherein a location of the target downlink channel is predefined, wherein the location of the target downlink channel being predefined comprises that: a center frequency point of the target downlink channel is predefined; or wherein the target downlink channel is a channel where a center frequency point of the operating frequency band for the terminal device is located, as suggested by MANOLAKOS. This modification would benefit the system to reduce signal interference.
Allowable Subject Matter
Claims 5,11,12,16,20,23-24 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.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZEWDU A BEYEN whose telephone number is (571)270-7157. The examiner can normally be reached M-F 9:00-6:00.
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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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/ZEWDU A BEYEN/Primary Examiner, Art Unit 2461
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