DETAILED ACTION
Response to Amendment
The applicant has amended the following:
Claims: 1, 3-4, 10-11, 13-14, 16 and 18-19 have been amended.
Claims: 21-23 have been added.
Claims: 5-9, 15 and 20 have not been amended.
Claims: 2, 12 and 17 have been cancelled.
EXAMINER’S NOTE:
The examiner notes that the applicant’s current amendments have changed the scope of the claims and necessitated the new grounds of rejection presented herein.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 3-11, 13-16 and 18-23 have been considered but are moot in view of the new grounds of rejection presented with regards to a new combination of prior art and because the new ground of rejection does not rely on a previous combination applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Objections
Claims 13-14 and 18-19 are objected to because of the following informalities:
Claim 13 and Claim 14 recites “The system of claim 12 …” indicating that claims 13-14 are dependent upon claim 12.
However, a review of the applicant’s current amendments shows that claim 12 has already been cancelled. The claims appears to be a typographical error and should instead be dependent upon claim 11 instead of claim 12 and will be interpreted as such (i.e. “The system of claim 11, ).
Claim 18 and Claim 19 recites “The non-transitory computer-readable medium of claim 17 …” indicating that claims 18-19 are dependent upon claim 17.
However, a review of the applicant’s current amendments shows that claim 17 has already been cancelled. The claims appears to be a typographical error and should instead be dependent upon claim 16 instead of claim 17 and will be interpreted as such (i.e. “The non-transitory computer-readable medium of claim 16, ).
Appropriate correction is required.
Allowable Subject Matter
Claims 21-22 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.
Claims 21-22 are objected as allowable because the closest prior art found fails to disclose, teach or suggest either alone or render obvious in a combined teachings of the prior art, the uniquely distinct features in the specific order, structure and combination of limitations together as a whole of the limitations recited in dependent claims 21-22 in combination with the all of the limitations of the base claim and any intervening claims from which claims 21-22 are dependent upon.
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) 1, 3, 5-6, 8-9, 11, 13, 16 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over HE et al. (US Patent Publication 2025/0016825 herein after referenced as He) in view of Sundstrom et al. (US Patent Publication 2007/0109129 herein after referenced as Sun) and further in view of Wang et al. (US Patent Publication 2023/0189269 herein after referenced as Wang).
Regarding claim 1 and claim 11 and claim 16, He discloses:
A method comprising: and A system comprising: a memory storage; and a processing unit disposed in a first computing device, the processing unit coupled to the memory storage, wherein the processing unit is operative to: and A non-transitory computer-readable medium that stores a set of instructions which when executed perform a method executed by the set of instructions comprising: (He, Fig. 21 & [0273] discloses FIG. 21 is a schematic structural diagram of a communication device 600 (i.e. reads on first computing device) according to some embodiments of the present disclosure. The communication device 600 shown in FIG. 21 includes a processor 610. The processor 610, when calling and running at least one computer program from a memory, is caused to perform the methods according to the embodiments of the present disclosure).
determining, by a first computing device, that a communication is coming from a backscatter communication device, wherein determining that the communication is coming from the backscatter communication device comprises, (He, [0153] discloses In some embodiments, the zero-power device performs backscattering based on the received first signal portion, such that a backscatter signal (i.e. reads on that a communication) of the zero-power device also includes a preamble signal, and thus a non-zero-power device (i.e. reads on by a first computing device) e.g., a conventional Wi-Fi device detects (i.e. reads on determining) that the zero-power device is using (i.e. reads on is coming from a backscatter communication device) the channel based on that preamble signal; He, [0206] discloses In this case, the non-zero-power device determines that the channel is being utilized by performing the carrier sensing based on the backscatter signal, thereby ensuring the accuracy of the carrier sensing).
determining that the communication comprises a first preamble and a second preamble followed by a backscatter device transmission, the second preamble comprising a backscatter preamble(He, [0206] discloses In this case, the non-zero-power device determines that the channel is being utilized by performing the carrier sensing based on the backscatter signal (i.e. reads on determining that the communication comprises a first preamble and a second preamble followed by a backscatter device transmission), thereby ensuring the accuracy of the carrier sensing; He, Fig. 14 & [0196] discloses As shown in FIG. 14, the backscatter signal (i.e. reads on the communication comprises and reads on contained in the communication) is a PPDU frame, wherein the PPDU frame includes the fourth preamble signal (i.e. reads on a first preamble), the fifth preamble signal (i.e. reads on and a second preamble, the second preamble comprising a backscatter preamble followed by), the header, and the data portion (i.e. reads on a backscatter device transmission). The fourth preamble signal is acquired by performing direct backscattering on the third preamble signal, and the fifth preamble signal, the header, and the data portion are acquired by modulating the carrier signal and then backscattering the modulated carrier signal; He, [0153] discloses In some embodiments, the zero-power device performs backscattering based on the received first signal portion, such that a backscatter signal of the zero-power device also includes a preamble signal, and thus a non-zero-power device e.g., a conventional Wi-Fi device detects that the zero-power device is using the channel based on that preamble signal; He, Fig. 10 & [0162] discloses As shown in FIG. 10, the first signal is a PPDU frame, wherein the PPDU frame includes the first preamble signal transmitted over the conventional 802.11 radio interface, and the second preamble signal, the header, and the payload that are transmitted over the zero-power radio interface).
He discloses backscattering a signal that includes a backscatter preamble but fails to explicitly recite that said backscatter preamble is utilized in reading or decoding the backscatter device transmission as well as failing to explicitly recite the device repackaging the backscatter device transmission to be sent to another device and therefore fails to disclose “a backscatter preamble enabling the first computing device to read the backscatter device transmission” and “repackaging the backscatter device transmission into a repackaged communication; and sending the repackaged communication to a second computing device.”
In a related field of endeavor, Sun discloses:
a backscatter preamble enabling the first computing device to read the backscatter device transmission (Sun, [0167] discloses identifying in the backscattered signal a preamble (i.e. reads on a backscatter preamble) using the symbol timing where the backscattered signal is demodulated based on a timing of the preamble, and determining from the preamble timing a Time Of Arrival TOA for a remainder of the backscattered signal where the data (i.e. reads on the backscatter device transmission) is recovered (i.e. reads on enabling to read) from the remainder; Sun, Fig. 15 & [0135] discloses Processing of the tag signal by the reader (i.e. reads on the first computing device) involves frequency, phase, and time of arrival acquisition 1572 from the pilot tone and tag preamble between T0 and T1).
Therefore, at the time before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to modify the invention of He to incorporate the teachings of Sun for the purpose of providing the system with a means to demodulate the backscattered signal and recover the backscattered information (Sun, [0167]) and for the purpose of making the system more dynamic and adaptable by providing the system with added functionalities and various different alternatives in design, thereby allowing the system to handle a number of various different combination of specific design structure and scenarios and preventing the system from being limited to a single specific design structure and scenario and furthermore, one of ordinary skill in the art would recognize based on the guidelines to rationales supporting a conclusion of obviousness seen on MPEP 2143, that the modification would involve use of a simple substitution of one known element and base device (i.e. performing a process of transmitting a backscattered signal that includes a preamble and data portion as taught by He) with another known element and comparable device utilizing a known technique (i.e. performing a process of transmitting a backscattered signal that includes a preamble and data portion, wherein the preamble is utilized in reading the data portion as taught by Sun) to improve the similar devices in the same way and to obtain the predictable result of the system performing a process of transmitting a backscattered signal that includes a preamble and data portion (i.e. as taught by both He & Sun) and is dependent upon the specific intended use, design incentives, needs and requirements (i.e. such as due to teachings of a known standard, current technology, conservation of resources, personal preferences, economic considerations, etc.) of the user and the system as has been established in MPEP 2144.04.
He in view of Sun fails to disclose “repackaging the backscatter device transmission into a repackaged communication; and sending the repackaged communication to a second computing device”.
In a related field of endeavor, Wang discloses:
repackaging the backscatter device transmission into a repackaged communication; and sending the repackaged communication to a second computing device (Wang, [0097] discloses the UE may generate a payload including a number of bits equal to the fixed size and may include information bits corresponding to the received backscatter transmissions (i.e. reads on backscatter device transmission) in the payload (i.e. reads on repackaging) and the payload may be multiplexed to the PUCCH transmission (i.e. reads on into a repackaged communication) and the multiplexed PUCCH transmission may be transmitted (i.e. reads on and sending the repackaged communication) to the base station (i.e. reads on to a second computing device) as relayed backscatter transmissions; Wang, [0083] discloses the scheduling message may include scheduling configuration for the UE to receive or detect backscatter transmissions from one or more wireless powered IoT device; Wang, [0085] discloses the scheduling message may additionally include an indication of an RFID tag ID, an RFID tag prefix, etc. identifying a number of expected backscatter transmissions as well as the source of the backscatter transmissions; Wang, [0065] discloses in some aspects, the base station may configure the UE to relay backscatter transmissions from the one or more wireless powered IoT devices to the base station based on the one or more wireless powered IoT configurations and the UE may detect the backscatter transmission from the one or more wireless powered IoT devices and may relay the backscatter transmissions; Wang, [0036] discloses An OFDMA network may implement a radio technology such as evolved UTRA E-UTRA, Institute of Electrical and Electronics Engineers IEEE 802.11, IEEE 802.16, IEEE 802.20, flash-OFDM and the like and Additionally, one or more aspects of the present disclosure may be related to shared access to wireless spectrum between networks using different radio access technologies or radio air interfaces; Wang, [0049] discloses although a mobile apparatus is commonly referred to as a UE, such apparatus may additionally or otherwise be referred to by those skill in the art as a mobile station, mobile client, client, etc.; Wang, [0046] discloses a base station may be a station that communicates with the UEs and may also be referred to as an evolved node B eNB, an access point, and the like).
Therefore, at the time before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to modify the invention of He in view of Sun to incorporate the teachings of Wang for the purpose of providing the system with a means to send the backscattered transmission in an uplink transmission in accordance with the uplink protocol (Wang, [0097]) when said backscattered transmission is being requested from the network (Wang, [0065]) and for the purpose of making the system more dynamic and adaptable by providing the system with added functionalities and various different alternatives in design, thereby allowing the system to handle a number of various different combination of specific design structure and scenarios and preventing the system from being limited to a single specific design structure and scenario and furthermore, one of ordinary skill in the art would recognize based on the guidelines to rationales supporting a conclusion of obviousness seen on MPEP 2143, that the modification would involve use of a simple substitution of one known element and base device (i.e. performing a process of transmitting a backscattered signal to a receiving device as taught by He) with another known element and comparable device utilizing a known technique (i.e. performing a process of transmitting a backscattered signal to a receiving device, wherein the backscattered signal may be relayed via another device such as a UE or mobile client and the receiving device is a network device such as an access point and wherein the system utilizes 802.11 technology as taught by Wang) to improve the similar devices in the same way and to obtain the predictable result of the system performing a process of transmitting a backscattered signal to a receiving device (i.e. as taught by both He & Wang) and is dependent upon the specific intended use, design incentives, needs and requirements (i.e. such as due to teachings of a known standard, current technology, conservation of resources, personal preferences, economic considerations, etc.) of the user and the system as has been established in MPEP 2144.04.
Regarding claim 3 and claim 13 and claim 18, He in view of Sun and further in view of Wang discloses:
The method of claim 1 (see claim 1) and The system of claim 11 (see claim 11) and The non-transitory computer-readable medium of claim 16 (see claim 16).
wherein the backscatter preamble comes after the first preamble comprising one of a Legacy Short Training field (L- STF), a Legacy-Long Training field (L-LTF), and a Legacy-Signal field (L-SIG) in the communication (He, [0144] discloses the first preamble signal includes an STF of a physical layer header of 802.11a/g, or the STF and an LTF of the physical layer header of 802.11a/g, or the STF, the LTF and a SIGNAL of the physical layer header of 802.11a/g; He, Fig. 14 & [0196] discloses As shown in FIG. 14, the backscatter signal is a PPDU frame, wherein the PPDU frame includes the fourth preamble signal, the fifth preamble signal, the header, and the data portion. The fourth preamble signal is acquired by performing direct backscattering on the third preamble signal, and the fifth preamble signal, the header, and the data portion are acquired by modulating the carrier signal and then backscattering the modulated carrier signal; He, Fig. 10 & [0162] discloses As shown in FIG. 10, the first signal is a PPDU frame, wherein the PPDU frame includes the first preamble signal transmitted over the conventional 802.11 radio interface, and the second preamble signal, the header, and the payload that are transmitted over the zero-power radio interface).
Regarding claim 5, He in view of Sun and further in view of Wang discloses:
The method of claim 1, (see claim 1).
wherein repackaging the communication into the repackaged communication comprises repackaging the communication into an IEEE 802.11 frame (Wang, [0036] discloses An OFDMA network may implement a radio technology such as evolved UTRA E-UTRA, Institute of Electrical and Electronics Engineers IEEE 802.11, IEEE 802.16, IEEE 802.20, flash-OFDM and the like and Additionally, one or more aspects of the present disclosure may be related to shared access to wireless spectrum between networks using different radio access technologies or radio air interfaces; He, [0144] discloses the first preamble signal includes an STF of a physical layer header of 802.11a/g, or the STF and an LTF of the physical layer header of 802.11a/g, or the STF, the LTF and a SIGNAL of the physical layer header of 802.11a/g).
Regarding claim 6, He in view of Sun and further in view of Wang discloses:
The method of claim 1, (see claim 1).
wherein the backscatter communication device comprises a passive backscatter communication device (He, [0067] discloses the passive zero-power device does not need to be driven by the internal battery for either the forward link or the reverse link., and the passive zero-power device is a true zero-power device; He, [0137] discloses the zero-power communication includes backscattering communication, or other passive or semi-passive communication methods).
Regarding claim 8, He in view of Sun and further in view of Wang discloses:
The method of claim 1, (see claim 1).
wherein the first computing device comprises a client device (Wang, [0049] discloses although a mobile apparatus is commonly referred to as a UE, such apparatus may additionally or otherwise be referred to by those skill in the art as a mobile station, mobile client, client, etc.; Wang, [0065] discloses in some aspects, the base station may configure the UE to relay backscatter transmissions from the one or more wireless powered IoT devices to the base station based on the one or more wireless powered IoT configurations and the UE may detect the backscatter transmission from the one or more wireless powered IoT devices and may relay the backscatter transmissions to the base station; He, [0040]-[0041] discloses Communication within the communication system 100 involves communication between an AP and a non-AP STA, communication between a non-AP STA and a non-AP STA, or communication between an STA and a peer STA. The peer STA refers to a device communicating with the STA at an opposite terminal, e.g., the peer STA could be an AP or a non-AP STA and discloses The AP functions as a bridge connecting a wired network and a wireless network, primarily serving to connect various wireless network clients together and then access the wireless network to the Ethernet. An AP device may a terminal device equipped with a Wi-Fi chip e.g., a mobile phone or a network device equipped with a Wi-Fi chip e.g., a router).
Regarding claim 9, He in view of Sun and further in view of Wang discloses:
The method of claim 1, (see claim 1).
wherein the second computing device comprises an Access Point (Wang, [0046] discloses a base station may be a station that communicates with the UEs and may also be referred to as an evolved node B eNB, an access point, and the like; Wang, [0065] discloses in some aspects, the base station may configure the UE to relay backscatter transmissions from the one or more wireless powered IoT devices to the base station based on the one or more wireless powered IoT configurations and the UE may detect the backscatter transmission from the one or more wireless powered IoT devices and may relay the backscatter transmissions to the base station; He, [0040]-[0041] discloses Communication within the communication system 100 involves communication between an AP and a non-AP STA, communication between a non-AP STA and a non-AP STA, or communication between an STA and a peer STA. The peer STA refers to a device communicating with the STA at an opposite terminal, e.g., the peer STA could be an AP or a non-AP STA and discloses The AP functions as a bridge connecting a wired network and a wireless network, primarily serving to connect various wireless network clients together and then access the wireless network to the Ethernet. An AP device may a terminal device equipped with a Wi-Fi chip e.g., a mobile phone or a network device equipped with a Wi-Fi chip e.g., a router).
Claim(s) 4, 14 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over HE et al. (US Patent Publication 2025/0016825 herein after referenced as He) in view of Sundstrom et al. (US Patent Publication 2007/0109129 herein after referenced as Sun) in view of Wang et al. (US Patent Publication 2023/0189269 herein after referenced as Wang) and further in view of HAN et al. (US Patent Publication 2019/0223257 herein after referenced as Han).
Regarding claim 4 and claim 14 and claim 19, He in view of Sun and further in view of Wang discloses:
The method of claim 1 (see claim 1) and The system of claim 11 (see claim 11) and The non-transitory computer-readable medium of claim 16 (see claim 16).
wherein the backscatter preamble comes after the first preamble (He, Fig. 14 & [0196] discloses As shown in FIG. 14, the backscatter signal is a PPDU frame, wherein the PPDU frame includes the fourth preamble signal, the fifth preamble signal, the header, and the data portion. The fourth preamble signal is acquired by performing direct backscattering on the third preamble signal, and the fifth preamble signal, the header, and the data portion are acquired by modulating the carrier signal and then backscattering the modulated carrier signal; He, Fig. 10 & [0162] discloses As shown in FIG. 10, the first signal is a PPDU frame, wherein the PPDU frame includes the first preamble signal transmitted over the conventional 802.11 radio interface, and the second preamble signal, the header, and the payload that are transmitted over the zero-power radio interface).
He in view of Sun and further in view of Wang discloses transmitting a frame that includes multiple preambles but fails to explicitly recite that said preamble includes high throughput or high efficiency and therefore fails to disclose “the first preamble comprising one of a High Throughput (HT) preamble, a Very High Throughput (VHT) preamble, and a High Efficiency (HE) preamble.”
In a related field of endeavor, Han discloses:
one of a High Throughput (HT) preamble, a Very High Throughput (VHT) preamble, and a High Efficiency (HE) preamble (Han, [0143] discloses a preamble includes at least one of the following, a legacy preamble, a high efficient HE preamble, and an IoT preamble and if the preamble includes the legacy preamble, the HE preamble, and the IoT preamble, the legacy preamble precedes the HE preamble and the loT preamble follows the HE preamble; Han, [0185] discloses the part before the HE-LTF in the information frame complies with an existing frame structure of IEEE 802.11ax wherein the preamble includes a legacy preamble and/or a high efficient preamble, the legacy preamble may include a legacy short training field L-STF, a legacy long training field L-LTF and a legacy signal field L-SIG and the high efficient short training field HE-STF, etc.; Han, Fig. 6 & [0195] discloses the AP receive the reply message that is sent by different types of STAs in the at least one STA based on the resource allocation indication information and an HE STA that meets the preset condition may send the reply message on a corresponding resource block that is in the HE-LTF of the high efficient HE preamble and that is indicated by the AP and/or an IoT STA that meets the preset condition may send the reply message on a corresponding resource block that is in the IoT-LTF of the IoT preamble and Fig. 6 shows the legacy preamble before the High efficient preamble before the IoT preamble; Han, [0178] discloses the relay STA forwards the first uplink frame sent by the STA1 to the AP in the fourth time period so that the AP can re-determine whether the relay STA is used for data transmission).
Therefore, at the time before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to modify the invention of He in view of Sun and further in view of Wang to incorporate the teachings of Han for the purpose of providing the system with a means to conform to existing frame format structure for 802.11 (Han, [0185]) to allow the device to receive replies from different types of stations (Han, Fig. 6 & [0195]) and for the purpose of making the system more dynamic and adaptable by providing the system with various different alternatives in design and functionality, thereby allowing the system to handle a number of various different combination of specific design structure and scenarios and preventing the system from being limited to a single specific design structure and scenario and furthermore, one of ordinary skill in the art would recognize based on the guidelines to rationales supporting a conclusion of obviousness seen on MPEP 2143, that the modification would involve use of a simple substitution of one known element and base device (i.e. performing a process of transmitting multiple preambles as taught by He) with another known element and comparable device utilizing a known technique (i.e. performing a process of transmitting multiple preambles, wherein the transmission utilizes an 802.11 format including various preambles and specific fields within said preambles and wherein the transmitted information is located within said preambles as taught by Han) to improve the similar devices in the same way and to obtain the predictable result of the system performing a process of a UE relaying messages from an IoT device (i.e. as taught by Wang & Han) and is dependent upon the specific intended use, design incentives, needs and requirements (i.e. such as due to teachings of a known standard, current technology, conservation of resources, personal preferences, economic considerations, etc.) of the user and the system as has been established in MPEP 2144.04.
Claim(s) 7, 15 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over HE et al. (US Patent Publication 2025/0016825 herein after referenced as He) in view of Sundstrom et al. (US Patent Publication 2007/0109129 herein after referenced as Sun) in view of Wang et al. (US Patent Publication 2023/0189269 herein after referenced as Wang) and further in view of KIM et al. (US Patent Publication 2019/0014490 herein after referenced as Kim).
Regarding claim 7 and claim 15 and claim 20, He in view of Sun and further in view of Wang discloses:
The method of claim 1, wherein sending the repackaged communication to the second computing device comprises (see claim 1) and The system of claim 11, wherein the processing unit being operative to send the repackaged communication to the second computing device comprises the processing unit being operative to (see claim 11) and The non-transitory computer-readable medium of claim 16, wherein sending the repackaged communication to the second computing device comprises (see claim 16).
He in view of Sun and further in view of Wang discloses relaying transmissions but fails to explicitly recite that said transmission causes duplication and therefore fails to disclose “using an inverted trickle process to manage duplication.”
In a related field of endeavor, Kim discloses:
using an inverted trickle process to manage duplication (Kim, [0021] discloses prevent duplicated transmission of relay data by selecting a UE or a link to be related based on reference information such as a source identifier, a destination identifier, and the like. Applicant’s Specification, [0034] discloses “… an inverted trickle mechanism may be used to select which client devices may transmit the BKD transmission back to the wireless infrastructure. …”).
Therefore, at the time before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to modify the invention of He in view of Sun and further in view of Wang to incorporate the teachings of Kim for the purpose of providing the system with a means to prevent duplicated transmission of relay data (Kim, [0021]) and for the purpose of making the system more dynamic and adaptable by providing the system with various different alternatives in design and functionality, thereby allowing the system to handle a number of various different combination of specific design structure and scenarios and preventing the system from being limited to a single specific design structure and scenario and furthermore, one of ordinary skill in the art would recognize based on the guidelines to rationales supporting a conclusion of obviousness seen on MPEP 2143, that the modification would involve use of a simple substitution of one known element and base device (i.e. performing a process of relaying messages as taught by Wang) with another known element and comparable device utilizing a known technique (i.e. performing a process of relaying messages, wherein a relay is selected to prevent transmission of duplicated data as taught by Kim) to improve the similar devices in the same way and to obtain the predictable result of the system performing a process of relaying messages (i.e. as taught by Wang & Kim) and is dependent upon the specific intended use, design incentives, needs and requirements (i.e. such as due to teachings of a known standard, current technology, conservation of resources, personal preferences, economic considerations, etc.) of the user and the system as has been established in MPEP 2144.04.
Claim(s) 10 and 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over HE et al. (US Patent Publication 2025/0016825 herein after referenced as He) in view of Sundstrom et al. (US Patent Publication 2007/0109129 herein after referenced as Sun) in view of Wang et al. (US Patent Publication 2023/0189269 herein after referenced as Wang) and further in view of Mahalingam et al. (US Patent Publication 2024/0114456 herein after referenced as Mahal).
Regarding claim 10 and claim 23, He in view of Sun and further in view of Wang discloses:
The method of claim 1, further comprising (see claim 1) and The non-transitory computer-readable medium of claim 16, further comprising (see claim 16).
He in view of Sun and further in view of Wang discloses that the backscattered transmissions are relayed to the base station but fails to explicitly recite that said transmissions are sent by the base station to another device and therefore fails to disclose “forwarding, by second computing device, the repackaged communication to a network controller.”
In a related field of endeavor, Mahal discloses:
forwarding, by second computing device, the repackaged communication to a network controller (Mahal, [0074] discloses traffic originating from STAs to destinations outside the BSS may be sent to the AP to be delivered to respective destinations; Mahal, [0069] discloses the SGW may be connected to each of the eNode Bs in the RAN and may generally route and forward user packets to / from the WTRUs; Mahal, [0259] discloses the STA may use backscattering to exchange information with the AP-STA).
Therefore, at the time before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to modify the invention of He in view of Sun and further in view of Wang to incorporate the teachings of Mahal for the purpose of providing the system with a means to route transmissions to the intended destinations outside of the BSS (Mahal, [0074] & [0069]) and for the purpose of making the system more dynamic and adaptable by providing the system with various different alternatives in design and functionality, thereby allowing the system to handle a number of various different combination of specific design structure and scenarios and preventing the system from being limited to a single specific design structure and scenario and furthermore, one of ordinary skill in the art would recognize based on the guidelines to rationales supporting a conclusion of obviousness seen on MPEP 2143, that the modification would involve use of a simple substitution of one known element and base device (i.e. performing a process of relaying messages to an access point as taught by Wang) with another known element and comparable device utilizing a known technique (i.e. performing a process of relaying messages to an access point, wherein the access point further relays the messages to a network device that routes the messages to its intended destination as taught by Mahal) to improve the similar devices in the same way and to obtain the predictable result of the system performing a process of relaying messages to an access point (i.e. as taught by Wang & Mahal) and is dependent upon the specific intended use, design incentives, needs and requirements (i.e. such as due to teachings of a known standard, current technology, conservation of resources, personal preferences, economic considerations, etc.) of the user and the system as has been established in MPEP 2144.04.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Jang et al. (US Patent Publication 2020/0374013) discloses a system wherein Computer 120 may cause the acoustic transmitter(s) 111 to initially transmit a continuous, steady-state acoustic signal and the backscatter node 100 may harvest energy from this signal. and the microcontroller 104 may cause the backscatter node to modulate acoustic signals that are reflecting from the node, and to thereby send modulated acoustic signals to the microphone 112 and these modulated acoustic signals may encode the backscatter node's preamble followed by other data e.g., data collected from a sensor and in some cases, multiple backscatter nodes are reflecting signals to the microphone concurrently and the preambles of the respective backscatter nodes may be known by computer 120 and by correlating, the computer may identify the respective preambles and thus the respective backscatter nodes that are sending signals.
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 MICHAEL Y MAPA whose telephone number is (571)270-5540. The examiner can normally be reached Monday thru Thursday: 10 AM - 8 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anthony Addy can be reached at (571) 272 - 7795. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL Y MAPA/ Primary Examiner, Art Unit 2645
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