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 Arguments
Applicant's arguments filed March 30, 2026 have been fully considered but they are not persuasive.
In page 11 of the Remarks regarding independent claim 1, Applicant asserts that paragraphs [¶0020], [¶0024], and [¶0026] of Benes merely teaches “a mobile station having an RFID tag attached thereto wherein the RIFD tag may communication with an RFID reader, and that paragraph [¶0053] relates to “information that may be conveyed by the RFID tag to the RFID reader (and, e.g., the network), namely, the charge level of the battery of the mobile station.” Applicant asserts that “the reported charge level is the charge level of the battery of the mobile station – not the RFID tag.” Applicant further states that “independent claim 1 recites that a terminal device (or reader) receives, from a communication device (or tag), a reflection signal, wherein the reflection signal is based on a signal received by the communication device and is indicative of at least an energy level associated with energy stored in the communication, and indicates, to a network node, the energy level of the communication device.”
Examiner respectfully disagrees that Benes fails to teach the limitations of claim 1. Paragraph [¶0020] and Fig. 1 of Benes discloses that the “communication system 100 comprises a mobile station (MS) 102 that includes a Radio Frequency Identification (RFID) tag 104.” Accordingly, Examiner takes the position that the RFID tag 104 is an integral part of the mobile station 102, and is not merely attached thereto as asserted by Applicant. Examiner submits that, under a broadest reasonable interpretation, the “mobile station” of Benes is “a communication device”, and that the charge level of the battery of the mobile station is equivalent to “an energy level associated with energy stored in the communication device” within the context of independent claim 1. The language of independent claim 1 does not require that the communication device to which the energy level is associated is a “tag”. Therefore, Examiner maintains that Benes teaches the limitations of independent claim 1. As noted by Applicant, independent claim 17 includes features substantially corresponding to the features of claim 1. Therefore, the rejection of independent claim 17 is maintained for substantially the same reasons.
Regarding claim 2, Applicant asserts that the Examiner has not shown in Benes the features: “at least corresponding one energy level associated with the at least one signature.” However, claim 2 as amended recites, in part: “wherein the configuration information comprises at least one of the following: at least one identifier of the communication device, at least one signature, or at least one corresponding energy level associated with the at least one signature.” (emphasis added). Claim 2 is written in alternative language and, as such, a reference anticipates the claim if it teaches at least one of the three limitations. In this case, Benes discloses the limitation of “at least one identifier of the communication device” as indicated in the previous office action. Accordingly, Benes anticipates claim 2 and the rejection is maintained.
Regarding claims 12 and 13, Applicant makes similar arguments as those discussed with respect to independent claim 1. In particular, Applicant argues that Benes does not show “that the energy level associated with energy stored in the communication device (or tag), as claimed, is received by the network.” For similar reasons as those discussed with respect to independent claim 1, the rejections of claims 12-13 is maintained.
Specification
The objections to the specification are withdrawn in view of the amendments filed March 30, 2026.
Claim Objections
The objections to claims 1-2, 12-13, 15, and 17-18 are withdrawn in view of the amendments filed March 30, 2026.
Claim Rejections - 35 USC § 112
The rejections of claims 11 and 20 under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph are withdrawn in view of the amendments filed March 30, 2026.
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.
(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.
Claims 1-3, 5, 8-9, 11, 17-18, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Benes et al. (US 2008/0160984 A1)(hereinafter “Benes).
Regarding claim 1, Benes discloses a terminal device (Fig. 3, [¶0029]: RFID tag reader 110 including RFID reader 112), comprising: at least one processor (Fig. 3, [¶0029]: processor 302); and at least one memory storing instructions (Fig. 3, [¶0029]: memory 304) that, when executed by the at least one processor, cause the terminal device at least to:
receive, from a communication device (Fig. 1, [¶0020]: mobile station (MS) 102 includes a Radio Frequency Identification (RFID) tag 104), a reflection signal, wherein the reflection signal is based on a signal received by the communication device ([¶0024]: RFID reader 112 comprises a transponder (not shown) and a decoder (not shown). The transponder emits an electromagnetic activation signal for activating RFID tag 104 and further is capable of transmitting data to the tag via an RFID air interface 108. The decoder decodes signals received from RFID tag 104 via the RFID air interface. RFID reader 112 may further comprise a memory device (not shown) that maintains an identifier associated with the RFID reader. When MS 102, and in particular RFID tag 104, enters RFID coverage area 106, the MS is exposed to an electromagnetic zone generated by RFID tag reader 110, and more particularly by RFID reader 112. The tag detects RFID reader 112's activation signal and the activation signal causes RFID tag 104 to activate, thereby permitting RFID reader 112 to read and write data to the tag via air interface 108.) and is indicative of at least an energy level associated with energy stored in the communication device ([¶0053]: when MS 102 is detected by an RFID network, such as RFID network 132, application server 162 may read, via the detecting RFID network, charge level data associated with power source 206 most recently stored in RFID tag 104. Claim 11: wherein detecting a Radio Frequency Identification tag comprises detecting a mobile station identifier and a charge level associated with a power source of the mobile station and wherein altering comprises altering a service provided to the mobile station based on the detected charge level.); and
indicate, to a network node (Fig. 1, [¶0026]: application server 162), the energy level of the communication device ([0053]: when MS 102 is detected by an RFID network, such as RFID network 132, application server 162 may read, via the detecting RFID network, charge level data associated with power source 206 most recently stored in RFID tag 104. Accordingly, RFID tag reader 110 provides the charge level data to the application server 162).
Regarding claim 2, Benes discloses all features of claim 1 as outlined above.
Benes further discloses wherein the at least one memory storing instructions are further configured to, with the at least one processor, cause the terminal device at least to: obtain configuration information, wherein the configuration information comprises at least one of the following:
at least one identifier of the communication device ([¶0033] In response to being activated, RFID tag 104 identifies (506) MS 102 to RFID tag reader 110. That is, RFID tag 104 transmits to RFID reader 112, and the RFID reader receives from RFID tag 104, RFID information maintained in the memory associated with the RFID tag, including a unique identifier of MS 102, such as an electronic serial number (ESN) associated with the MS.),
at least one signature, or
at least one corresponding energy level associated with the at least one signature.
Regarding claim 3, Benes discloses all features of claim 2 as outlined above.
Benes further discloses wherein the obtaining the configuration information comprises:
receiving the configuration information from the network node; or
obtaining preconfigured configuration information in the terminal device or pre-defined configuration information (RFID tag 104 transmits to RFID reader 112, and the RFID reader receives from RFID tag 104, RFID information maintained in the memory associated with the RFID tag, including a unique identifier of MS 102, such as an electronic serial number (ESN) associated with the MS. The unique identifier of MS 102 is pre-defined configuration information.).
Regarding claim 5, Benes discloses all features of claim 2 as outlined above.
Benes further discloses wherein the at least one memory storing instructions are further configured to, with the at least one processor, cause the terminal device at least to:
determine the energy level of the communication device based at least on the reflection signal and the configuration information ([¶0053]: when MS 102 is detected by an RFID network, such as RFID network 132, application server 162 may read, via the detecting RFID network, charge level data associated with power source 206 most recently stored in RFID tag 104. Claim 11: wherein detecting a Radio Frequency Identification tag comprises detecting a mobile station identifier and a charge level associated with a power source of the mobile station and wherein altering comprises altering a service provided to the mobile station based on the detected charge level. Accordingly, the RFID tag reader 110 receives the charge level data and determines the energy level of the MS 102 including the RFID tag 104 based on the charge level data and the mobile station identifier.).
Regarding claim 8, Benes discloses all features of claim 1 as outlined above.
Benes further discloses wherein the reflection signal includes a payload comprising at least part of data stored in the communication device, and the payload of the reflection signal is un-encrypted or at least part of the payload is un-encrypted for transmission of the reflection signal to the terminal device from the communication device ([¶0052]: when RFID tag 104 is caused to activate by an RFID reader, such as RFID reader 112, the RFID information conveyed by the RFID tag may further include any or all of such presence information stored in the tag and may further include the routing address of presence server 164, so that RFID network 110 may route the received presence information to the presence server. Although Benes does not explicitly disclose that the RFID information is sent as either un-encrypted or encrypted signal, examiner takes the position that the limitations of Benes failure to disclose that the RFID information is encrypted is a teaching of sending the RFID information as un-encrypted.).
Regarding claim 9, Benes discloses all features of claim 8 as outlined above.
Benes further discloses wherein the at least one memory storing instructions are further configured to, with the at least one processor, cause the terminal device at least to: determine the energy level of the communication device based at least on the payload of the reflection signal from the communication device ([¶0053]: when MS 102 is detected by an RFID network, such as RFID network 132, application server 162 may read, via the detecting RFID network, charge level data associated with power source 206 most recently stored in RFID tag 104. Claim 11: wherein detecting a Radio Frequency Identification tag comprises detecting a mobile station identifier and a charge level associated with a power source of the mobile station and wherein altering comprises altering a service provided to the mobile station based on the detected charge level. Accordingly, the RFID tag reader 110 receives the charge level data and determines the energy level of the MS 102 including the RFID tag 104 based on the charge level data.).
Regarding claim 11, Benes discloses all features of claim 1 as outlined above.
Benes further discloses wherein the at least one memory storing instructions are further configured to, with the at least one processor, cause the terminal device at least to: detect, based on the energy level of the communication device and using at least one measurement method, the reflection signal from the communication device ([¶0024]: RFID reader 112 comprises a transponder (not shown) and a decoder (not shown). The transponder emits an electromagnetic activation signal for activating RFID tag 104 and further is capable of transmitting data to the tag via an RFID air interface 108. The decoder decodes signals received from RFID tag 104 via the RFID air interface. [¶0053]: when MS 102 is detected by an RFID network, such as RFID network 132, application server 162 may read, via the detecting RFID network, charge level data associated with power source 206 most recently stored in RFID tag 104. Claim 11: wherein detecting a Radio Frequency Identification tag comprises detecting a mobile station identifier and a charge level associated with a power source of the mobile station and wherein altering comprises altering a service provided to the mobile station based on the detected charge level.).
Regarding claim 17, Benes discloses a method comprising:
at a terminal device (Fig. 3, [¶0029]: RFID tag reader 110 including RFID reader 112),
receiving, from a communication device (Fig. 1, [¶0020]: mobile station (MS) 102 includes a Radio Frequency Identification (RFID) tag 104), a reflection signal, wherein the reflection signal is based on a signal received by the communication device ([¶0024]: RFID reader 112 comprises a transponder (not shown) and a decoder (not shown). The transponder emits an electromagnetic activation signal for activating RFID tag 104 and further is capable of transmitting data to the tag via an RFID air interface 108. The decoder decodes signals received from RFID tag 104 via the RFID air interface. RFID reader 112 may further comprise a memory device (not shown) that maintains an identifier associated with the RFID reader. When MS 102, and in particular RFID tag 104, enters RFID coverage area 106, the MS is exposed to an electromagnetic zone generated by RFID tag reader 110, and more particularly by RFID reader 112. The tag detects RFID reader 112's activation signal and the activation signal causes RFID tag 104 to activate, thereby permitting RFID reader 112 to read and write data to the tag via air interface 108.) and is indicative of at least energy level associated with energy stored in the communication device ([0053]: when MS 102 is detected by an RFID network, such as RFID network 132, application server 162 may read, via the detecting RFID network, charge level data associated with power source 206 most recently stored in RFID tag 104. Claim 11: wherein detecting a Radio Frequency Identification tag comprises detecting a mobile station identifier and a charge level associated with a power source of the mobile station and wherein altering comprises altering a service provided to the mobile station based on the detected charge level.); and
indicating, to a network node (Fig. 1, [¶0026]: application server 162), the energy level of the communication device ([0053]: when MS 102 is detected by an RFID network, such as RFID network 132, application server 162 may read, via the detecting RFID network, charge level data associated with power source 206 most recently stored in RFID tag 104. Accordingly, RFID tag reader 110 provides the charge level data to the application server 162).
Regarding claim 18, Benes discloses all features of claim 17 as outlined above.
Benes further discloses obtaining configuration information, wherein the configuration information comprises at least one of the following:
- at least one identifier of the communication device ([¶0033] In response to being activated, RFID tag 104 identifies (506) MS 102 to RFID tag reader 110. That is, RFID tag 104 transmits to RFID reader 112, and the RFID reader receives from RFID tag 104, RFID information maintained in the memory associated with the RFID tag, including a unique identifier of MS 102, such as an electronic serial number (ESN) associated with the MS.),
- at least one signature, or
- at least corresponding one energy level associated with the at least one signature.
Regarding claim 20, Benes discloses all features of claim 8 as outlined above.
Benes further discloses wherein the reflection signal includes a payload comprising at least part of data stored in the communication device, and the payload of the reflection signal is un-encrypted or at least part of the payload is un-encrypted for transmission of the reflection signal to the terminal device from the tag ([¶0052]: when RFID tag 104 is caused to activate by an RFID reader, such as RFID reader 112, the RFID information conveyed by the RFID tag may further include any or all of such presence information stored in the tag and may further include the routing address of presence server 164, so that RFID network 110 may route the received presence information to the presence server. Although Benes does not explicitly disclose that the RFID information is sent as either un-encrypted or encrypted signal, examiner takes the position that the limitations of Benes failure to disclose that the RFID information is encrypted is a teaching of sending the RFID information as un-encrypted.).
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.
Claims 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over “Discussion on Passive IoT for 5G-Advanced”, 3GPP TSG RAN Meeting #96, RP-221268, Agenda Item 9.1, vivo, June 6-9, 2022, 6 pages (hereinafter “RP-221268”)(submitted with IDS of October 8, 2024) in view of Benes.
Regarding claim 12, RP-221268 discloses a network node (Figure 2, base station), cause the network node at least to:
transmit, by the network node, an activation signal to a communication device (Figure 2, passive IoT device) to activate the communication device (Figure 2, pgs. 2-3: the base station (gNB) transmits an activation signal in the form of a CW/Command to activate the passive IoT device. ); and
receive, from a terminal device (Figure 2, a phone (UE)), information (Figure 2, pgs. 2-3: the phone (UE) receives a reflected signal including data from the passive IoT device, and relays the data to the base station (gNB).
RP-221268 does not disclose that the information indicates at least an energy level associated with energy stored in the communication device, or that the network node comprises at least one processor, and at least one memory storing instructions that, that are executed by the at least one processor.
However, Benes discloses a network node comprising: at least one processor (FIG. 4: processor 402); and at least one memory storing instructions (FIG. 4: memory 404.). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the base station, as taught by RP-221268, to include at least one processor and at least one memory storing instructions, as taught by Benes. Doing so allows for physical implementation of hardware to perform the functions of the base station disclosed by RP-221268.
Benes further discloses instructions to receive, from a terminal device, information indicating at least an energy level associated with energy stored in the communication device ([¶0053]: when MS 102 is detected by an RFID network, such as RFID network 132, application server 162 may read, via the detecting RFID network, charge level data associated with power source 206 most recently stored in RFID tag 104. Claim 11: wherein detecting a Radio Frequency Identification tag comprises detecting a mobile station identifier and a charge level associated with a power source of the mobile station and wherein altering comprises altering a service provided to the mobile station based on the detected charge level.).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the information received by the base station from the phone (UE), as taught by RP-221268, to include information indicative of an energy level of a communication device, as taught by Benes. Doing so allows for adjustment of provided services to the communication device accorded to a reported energy level of the communication device to optimize the provision of services (See Benes [¶0053]).
Regarding claim 13, RP-221268 in view of Benes discloses all features of claim 12 as outlined above.
RP-221268 does not disclose wherein the at least one memory storing instructions are further configured to, with the at least one processor, cause the network node at least to: transmit configuration information to the terminal device, wherein the configuration information comprises at least one of the following: - at least one identifier of the communication device, - at least one signature, or - at least corresponding one energy level associated with the at least one signature.
However, Benes discloses wherein the at least one memory storing instructions are further configured to, with the at least one processor, cause the network node at least to:
transmit configuration information to the terminal device, wherein the configuration information comprises at least one of the following:
at least one identifier of the communication device ([¶0033] In response to being activated, RFID tag 104 identifies (506) MS 102 to RFID tag reader 110. That is, RFID tag 104 transmits to RFID reader 112, and the RFID reader receives from RFID tag 104, RFID information maintained in the memory associated with the RFID tag, including a unique identifier of MS 102, such as an electronic serial number (ESN) associated with the MS.),
at least one signature, or
at least corresponding one energy level associated with the at least one signature.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the base station, as taught by RP-221268, to transmit configuration information to the mobile station including an identifier of the RFID tag, as taught by Benes. Doing so allows for providing the mobile station with an identifier of the RFID tag to provide for more efficient reading of the RFID tag by the mobile station.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over RP-221268 in view of Benes and further in view of Markhovsky et al. (US 2019/0053013 A1)(hereinafter “Markhovsky”).
Regarding claim 15, RP-221268 in view of Benes discloses all features of claim 13 as outlined above.
RP-221268 in view of Benes does not disclose wherein the configuration information is transmitted via a long term evolution, LTE, position[in]g protocol, LPP. However, Markhovsky disclose wherein the configuration information is transmitted via a long term evolution (LTE) positioning protocol (LPP) ([¶0533]: discloses that signaling between a base station (eNB) and a UE may use an LTE Positioning Protocol (LPP).).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the signaling between the base station and the mobile station, as taught by RP-221268, to use an LTE positioning protocol, as taught by Markhovsky. Doing so allows for communication between the base station and the mobile station to be compliant with existing communication protocols.
Allowable Subject Matter
Claims 4, 6-7, 10, 14, 16, and 19 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
THIS ACTION IS MADE FINAL. 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 W MADDOX whose telephone number is (571)272-5834. The examiner can normally be reached M-Th 7:30am-5:00pm, 1st F 7:30am-4:00pm, 2nd F off.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Asad M Nawaz can be reached at 571-272-3988. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL WAYNE MADDOX/Examiner, Art Unit 2463
/ASAD M NAWAZ/Supervisory Patent Examiner, Art Unit 2463
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