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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the claims at issue are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-2, 6-7, 11-12, 16-17 are provisionally rejected on the ground of nonstatutory double patenting over claims 1-3 of co-pending Application No. 18/605,537. This is a provisional double patenting rejection because the patentably indistinct claims have not in fact been patented.
Although the claims at issue are not identical, they are not patentably distinct from each other because claims of the instant application and/or claim of the co-pending application merely broaden the scope of the claims of the co-pending applications and/or claims of the instant application. It has been held that the omission of an element and its function is an obvious expedient if the remaining elements perform the same function as before (See MPEP §804.II.B.1 and §2144.04 IIA).
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-2, 5-7, 10-12, 15-17, 20 are rejected under 35 U.S.C. 102(a)(1)-(a)(2) as being anticipated by Taniguchi et al. (US Patent Application Publication No. 2019/0157912).
Regarding claim 1, Taniguchi teaches a wireless communication method (Fig. 1), comprising:
determining, by a terminal device, locating information of the terminal device according to a first signal (UE 20 communicates with BS 10 via signals 100, 102 and determines its location [Paragraph 30]); and
reporting, by the terminal device, the locating information, wherein the first signal is configured to supply energy to the terminal device (UE 20 reports its location to the BS 10 based on wireless power supplied by the BS 10 to the UE 20 [Paragraphs 23, 30]).
Regarding claim 2, Taniguchi further teaches the method of claim 1, wherein the first signal corresponds to at least one of transmit power of the first signal or spatial information of the first signal (signal 102 is the transmit power).
Regarding claim 5, Taniguchi further teaches the method of claim 1, wherein the reporting, by the terminal device, the locating information comprises:
reporting, by the terminal device, the locating information to a first network device or a second network device (UE 20 reports the location to BS 10 [Paragraph 30]);
wherein the first network device is a network device that generates the first signal, and the second network device has an association relationship with the first network device (BS 10 communicates the signals 100-102 to UE 20 [Paragraphs 23, 30]).
Regarding claim 6, Taniguchi teaches a wireless communication method (Fig. 1), comprising:
sending, by a first network device, a first signal to a terminal device (BS 10 sends signals 100-102 to UE 20);
wherein the first signal is configured to supply energy to the terminal device and to determine locating information of the terminal device (UE 20 reports its location to the BS 10 based on wireless power supplied by the BS 10 to the UE 20 [Paragraphs 23, 30]).
Regarding claim 7, Taniguchi further teaches the method of claim 6, wherein the first signal corresponds to at least one of transmit power of the first signal or spatial information of the first signal (signal 102 is the transmit power).
Regarding claim 10, Taniguchi further teaches the method of claim 6, further comprising:
sending, by the first network device, the locating information to a second network device (UE 20 reports the location to BS 10, and, as shown in Fig. 5, different antennas are provided which are equivalent to different stations [Paragraph 30]);
wherein the second network device has an association relationship with the first network device (BS 10 communicates the signals 100-102 to UE 20 [Paragraphs 23, 30]).
Regarding claim 11, Taniguchi teaches a terminal device (Fig. 1), comprising: a processor (24), a transceiver (22) and a memory ([Paragraph 96]), wherein the memory is configured to store a computer program,
the processor is configured to execute the computer program to determine locating information of the terminal device according to a first signal (UE 20 communicates with BS 10 via signals 100, 102 and determines its location [Paragraph 30]); and
the transceiver is configured to report the locating information (UE 20 reports its location to the BS 10 based on wireless power supplied by the BS 10 to the UE 20 [Paragraphs 23, 30]),
wherein the first signal is configured to supply energy to the terminal device (UE 20 reports its location to the BS 10 based on wireless power supplied by the BS 10 to the UE 20 [Paragraphs 23, 30]).
Regarding claim 12, Taniguchi further teaches the terminal device of claim 11, wherein the first signal corresponds to at least one of transmit power of the first signal or spatial information of the first signal (signal 102 is the transmit power).
Regarding claim 15, Taniguchi further teaches the terminal device of claim 11, wherein the transceiver is configured to:
report the locating information to a first network device or a second network device (UE 20 reports the location to BS 10 [Paragraph 30]),
wherein the first network device is a network device that generates the first signal, and the second network device has an association relationship with the first network device (BS 10 communicates the signals 100-102 to UE 20 [Paragraphs 23, 30]).
Regarding claim 16, Taniguchi teaches a first network device (Fig. 1), comprising: a processor (24), a transceiver (22) and a memory ([Paragraph 96]), wherein the memory is configured to store a computer program,
the processor is configured to execute the computer program to cooperate with the transceiver to send a first signal to a terminal device (UE 20 communicates with BS 10 via signals 100, 102 and determines its location [Paragraph 30]);
wherein the first signal is configured to supply energy to the terminal device (UE 20 reports its location to the BS 10 based on wireless power supplied by the BS 10 to the UE 20 [Paragraphs 23, 30]) and to determine locating information of the terminal device (UE 20 reports its location to the BS 10 based on wireless power supplied by the BS 10 to the UE 20 [Paragraphs 23, 30]).
Regarding claim 17, Taniguchi further teaches the first network device of claim 16, wherein the first signal corresponds to at least one of transmit power of the first signal or spatial information of the first signal (signal 102 is the transmit power).
Regarding claim 20, Taniguchi further teaches the first network device of claim 16, wherein the processor is further configured to execute the computer program to cooperate with the transceiver to:
send the locating information to a second network device (UE 20 reports the location to BS 10, and, as shown in Fig. 5, different antennas are provided which are equivalent to different stations [Paragraph 30]);
wherein the second network device has an association relationship with the first network device (BS 10 communicates the signals 100-102 to UE 20 [Paragraphs 23, 30]).
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 of this title, 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 3-4, 8-9, 13-14, 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Taniguchi et al. (US Patent Application Publication No. 2019/0157912) in view of Dong (US Patent Application Publication No. 2024/0205997).
Regarding claim 3, Taniguchi teaches all the limitations recited in claim 1.
However, Taniguchi does not explicitly mention: wherein the locating information comprises at least one of a first identifier of the first signal or a second identifier of the first signal, wherein the first identifier is associated with transmit power of the first signal, and the second identifier corresponds to spatial information of the first signal, and the method further comprises: obtaining, by the terminal device, at least one of the first identifier or the second identifier, wherein at least one of the first identifier or the second identifier is carried in any one of the first signal, a signal associated with the first signal, or a channel associated with the first signal.
Dong teaches, in a similar field of endeavor of communication systems, the following:
wherein the locating information comprises at least one of a first identifier of the first signal or a second identifier of the first signal (for the disclosed system (Fig. 1) in Dong, each of the streams exchanged between BS 10 and UE 20 has its own ID [Paragraphs 33, 35, 39, 41, 58-59]; hence for the system in Taniguchi, the location signal transmitted by UE 20 comprises its ID), wherein the first identifier is associated with transmit power of the first signal, and the second identifier corresponds to spatial information of the first signal (thus, as in Taniguchi, the streams in Dong would then be associated with the power and position of the UE), and the method further comprises: obtaining, by the terminal device, at least one of the first identifier or the second identifier, wherein at least one of the first identifier or the second identifier is carried in any one of the first signal, a signal associated with the first signal, or a channel associated with the first signal (as in Fig. 1, the UE 10 would obtain via each of the streams the ID for each stream [Paragraphs 33, 35, 39, 41, 58-59]).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the communication system (as taught by Taniguchi) by comprising identifiers (as taught by Dong) for the purpose of improve communication between devices (Dong – Paragraph 6).
Regarding claim 4, Taniguchi teaches all the limitations recited in claim 1.
However, Taniguchi does not explicitly mention: wherein the locating information comprises a third identifier of the first signal, and wherein the third identifier is associated with transmit power of the first signal, and/or, the third identifier corresponds to spatial information of the first signal, and wherein the method further comprises: obtaining, by the terminal device, the third identifier, wherein the third identifier is carried in any one of the first signal, a signal associated with the first signal, or a channel associated with the first signal.
Dong teaches, in a similar field of endeavor of communication systems, the following:
wherein the locating information comprises a third identifier of the first signal (for the disclosed system (Fig. 1) in Dong, each of the streams exchanged between BS 10 and UE 20 has its own ID [Paragraphs 33, 35, 39, 41, 58-59]; hence for the system in Taniguchi, the location signal transmitted by UE 20 comprises its ID), and wherein the third identifier is associated with transmit power of the first signal, and/or, the third identifier corresponds to spatial information of the first signal (thus, as in Taniguchi, the streams in Dong would then be associated with the power and position of the UE), and wherein the method further comprises: obtaining, by the terminal device, the third identifier, wherein the third identifier is carried in any one of the first signal, a signal associated with the first signal, or a channel associated with the first signal (as in Fig. 1, the UE 10 would obtain via each of the streams the ID for each stream [Paragraphs 33, 35, 39, 41, 58-59]).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the communication system (as taught by Taniguchi) by comprising identifiers (as taught by Dong) for the purpose of improve communication between devices (Dong – Paragraph 6).
Regarding claim 8, Taniguchi teaches all the limitations recited in claim 6.
However, Taniguchi does not explicitly mention: wherein the locating information comprises at least one of a first identifier of the first signal or a second identifier of the first signal, wherein the first identifier is associated with transmit power of the first signal, and the second identifier corresponds to spatial information of the first signal, and wherein at least one of the first identifier or the second identifier is carried in any one of the first signal, a signal associated with the first signal, or a channel associated with the first signal.
Dong teaches, in a similar field of endeavor of communication systems, the following:
wherein the locating information comprises at least one of a first identifier of the first signal or a second identifier of the first signal (for the disclosed system (Fig. 1) in Dong, each of the streams exchanged between BS 10 and UE 20 has its own ID [Paragraphs 33, 35, 39, 41, 58-59]; hence for the system in Taniguchi, the location signal transmitted by UE 20 comprises its ID), wherein the first identifier is associated with transmit power of the first signal, and the second identifier corresponds to spatial information of the first signal (thus, as in Taniguchi, the streams in Dong would then be associated with the power and position of the UE), and wherein at least one of the first identifier or the second identifier is carried in any one of the first signal, a signal associated with the first signal, or a channel associated with the first signal (as in Fig. 1, the UE 10 would obtain via each of the streams the ID for each stream [Paragraphs 33, 35, 39, 41, 58-59]).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the communication system (as taught by Taniguchi) by comprising identifiers (as taught by Dong) for the purpose of improve communication between devices (Dong – Paragraph 6).
Regarding claim 9, Taniguchi teaches all the limitations recited in claim 1.
However, Taniguchi does not explicitly mention: wherein the locating information comprises a third identifier of the first signal, wherein the third identifier is associated with transmit power of the first signal, and/or, the third identifier corresponds to spatial information of the first signal, and wherein the third identifier is carried in any one of the first signal, a signal associated with the first signal, or a channel associated with the first signal.
Dong teaches, in a similar field of endeavor of communication systems, the following:
wherein the locating information comprises a third identifier of the first signal (for the disclosed system (Fig. 1) in Dong, each of the streams exchanged between BS 10 and UE 20 has its own ID [Paragraphs 33, 35, 39, 41, 58-59]; hence for the system in Taniguchi, the location signal transmitted by UE 20 comprises its ID), wherein the third identifier is associated with transmit power of the first signal, and/or, the third identifier corresponds to spatial information of the first signal (thus, as in Taniguchi, the streams in Dong would then be associated with the power and position of the UE), and wherein the third identifier is carried in any one of the first signal, a signal associated with the first signal, or a channel associated with the first signal (as in Fig. 1, the UE 10 would obtain via each of the streams the ID for each stream [Paragraphs 33, 35, 39, 41, 58-59]).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the communication system (as taught by Taniguchi) by comprising identifiers (as taught by Dong) for the purpose of improve communication between devices (Dong – Paragraph 6).
Regarding claim 13, Taniguchi teaches all the limitations recited in claim 11.
However, Taniguchi does not explicitly mention: wherein the locating information comprises at least one of a first identifier of the first signal or a second identifier of the first signal, wherein the first identifier is associated with transmit power of the first signal, and the second identifier corresponds to spatial information of the first signal, and the processor is further configured to exexute the computer program to: obtain at least one of the first identifier or the second identifier, wherein at least one of the first identifier or the second identifier is carried in any one of the first signal, a signal associated with the first signal, or a channel associated with the first signal.
Dong teaches, in a similar field of endeavor of communication systems, the following:
wherein the locating information comprises at least one of a first identifier of the first signal or a second identifier of the first signal (for the disclosed system (Fig. 1) in Dong, each of the streams exchanged between BS 10 and UE 20 has its own ID [Paragraphs 33, 35, 39, 41, 58-59]; hence for the system in Taniguchi, the location signal transmitted by UE 20 comprises its ID), wherein the first identifier is associated with transmit power of the first signal, and the second identifier corresponds to spatial information of the first signal (thus, as in Taniguchi, the streams in Dong would then be associated with the power and position of the UE), and the processor is further configured to exexute the computer program to: obtain at least one of the first identifier or the second identifier, wherein at least one of the first identifier or the second identifier is carried in any one of the first signal, a signal associated with the first signal, or a channel associated with the first signal (as in Fig. 1, the UE 10 would obtain via each of the streams the ID for each stream [Paragraphs 33, 35, 39, 41, 58-59]).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the communication system (as taught by Taniguchi) by comprising identifiers (as taught by Dong) for the purpose of improve communication between devices (Dong – Paragraph 6).
Regarding claim 14, Taniguchi teaches all the limitations recited in claim 11.
However, Taniguchi does not explicitly mention: wherein the locating information comprises a third identifier of the first signal, and wherein the third identifier is associated with transmit power of the first signal, and/or, the third identifier corresponds to spatial information of the first signal, and wherein the processor is further configured to exexute the computer program to: obtain the third identifier, wherein the third identifier is carried in any one of the first signal, a signal associated with the first signal, or a channel associated with the first signal.
Dong teaches, in a similar field of endeavor of communication systems, the following:
wherein the locating information comprises a third identifier of the first signal (for the disclosed system (Fig. 1) in Dong, each of the streams exchanged between BS 10 and UE 20 has its own ID [Paragraphs 33, 35, 39, 41, 58-59]; hence for the system in Taniguchi, the location signal transmitted by UE 20 comprises its ID), and wherein the third identifier is associated with transmit power of the first signal, and/or, the third identifier corresponds to spatial information of the first signal (thus, as in Taniguchi, the streams in Dong would then be associated with the power and position of the UE), and wherein the processor is further configured to exexute the computer program to: obtain the third identifier, wherein the third identifier is carried in any one of the first signal, a signal associated with the first signal, or a channel associated with the first signal (as in Fig. 1, the UE 10 would obtain via each of the streams the ID for each stream [Paragraphs 33, 35, 39, 41, 58-59]).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the communication system (as taught by Taniguchi) by comprising identifiers (as taught by Dong) for the purpose of improve communication between devices (Dong – Paragraph 6).
Regarding claim 18, Taniguchi teaches all the limitations recited in claim 16.
However, Taniguchi does not explicitly mention: wherein the locating information comprises at least one of a first identifier of the first signal or a second identifier of the first signal, wherein the first identifier is associated with transmit power of the first signal, and the second identifier corresponds to spatial information of the first signal, and wherein at least one of the first identifier or the second identifier is carried in any one of the first signal, a signal associated with the first signal, or a channel associated with the first signal.
Dong teaches, in a similar field of endeavor of communication systems, the following:
wherein the locating information comprises at least one of a first identifier of the first signal or a second identifier of the first signal (for the disclosed system (Fig. 1) in Dong, each of the streams exchanged between BS 10 and UE 20 has its own ID [Paragraphs 33, 35, 39, 41, 58-59]; hence for the system in Taniguchi, the location signal transmitted by UE 20 comprises its ID), wherein the first identifier is associated with transmit power of the first signal, and the second identifier corresponds to spatial information of the first signal (thus, as in Taniguchi, the streams in Dong would then be associated with the power and position of the UE), and wherein at least one of the first identifier or the second identifier is carried in any one of the first signal, a signal associated with the first signal, or a channel associated with the first signal (as in Fig. 1, the UE 10 would obtain via each of the streams the ID for each stream [Paragraphs 33, 35, 39, 41, 58-59]).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the communication system (as taught by Taniguchi) by comprising identifiers (as taught by Dong) for the purpose of improve communication between devices (Dong – Paragraph 6).
Regarding claim 19, Taniguchi teaches all the limitations recited in claim 16.
However, Taniguchi does not explicitly mention: wherein the locating information comprises a third identifier of the first signal, wherein the third identifier is associated with transmit power of the first signal, and/or, the third identifier corresponds to spatial information of the first signal, and wherein the third identifier is carried in any one of the first signal, a signal associated with the first signal, or a channel associated with the first signal.
Dong teaches, in a similar field of endeavor of communication systems, the following:
wherein the locating information comprises a third identifier of the first signal (for the disclosed system (Fig. 1) in Dong, each of the streams exchanged between BS 10 and UE 20 has its own ID [Paragraphs 33, 35, 39, 41, 58-59]; hence for the system in Taniguchi, the location signal transmitted by UE 20 comprises its ID), wherein the third identifier is associated with transmit power of the first signal, and/or, the third identifier corresponds to spatial information of the first signal (thus, as in Taniguchi, the streams in Dong would then be associated with the power and position of the UE), and wherein the third identifier is carried in any one of the first signal, a signal associated with the first signal, or a channel associated with the first signal (as in Fig. 1, the UE 10 would obtain via each of the streams the ID for each stream [Paragraphs 33, 35, 39, 41, 58-59]).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the communication system (as taught by Taniguchi) by comprising identifiers (as taught by Dong) for the purpose of improve communication between devices (Dong – Paragraph 6).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FABRICIO R MURILLO GARCIA whose telephone number is (571)270-5708. The examiner can normally be reached 9-5pm.
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February 15, 2026
/FABRICIO R MURILLO GARCIA/Primary Examiner, Art Unit 2633