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 .
This Office action is in response to communications filed on 3/11/2026.
Claims 1, 5-16 & 20-22 are pending and presented for examination.
Response to Amendments
Claims 1 & 16 have been amended.
Rejections to claims 1, 5-16 & 20-22 under 35 USC 103 made in the prior record Non-Final rejection dated 12/15/2025 have been withdrawn, but new grounds of rejections to these claims under 35 USC 103 have been introduced based on new reference Gan et al. (US 2019/0274103)(herein after “Gan”).
Response to Arguments
Applicant's arguments filed 3/11/2026 have been fully considered but they are not persuasive.
Regarding claims 1 & 16, applicant argues that Shellhammer fails to disclose “receiv[ing] the synchronization signal at a second time based on a time delay between transmission of the wakeup signal and the synchronization signal because Shellhammer teaches of a synchronization signal broadcasted periodically according to a predefined schedule and not after a wakeup signal based on a delay between the wakeup signal and the synchronization signal. Examiner respectfully disagrees noting that [0057] of Shellhammer discloses that the periodicity of the synchronization signals may be adjusted so that the synchronization signals are sent within the same TTI as the wakeup signals. In other words, periodicity of the synchronization signals cannot be assigned arbitrarily, but must be chosen so that the delay between the wakeup signals and the synchronization signals are within a TTI (i.e. the receiving of the synchronization signals is based on a delay between the transmission of the wakeup signals and the synchronization signals not exceeding a TTI).
Applicant argues that Shellhammer fails to disclose that “the time delay is associated with a time for the first device to perform frequency tuning”. Examiner respectfully submits that this argument is moot because Shellhammer is not relied upon to teach this limitation, but rather Kim is used to teach of this limitation.
Applicant argues that Kim fails to disclose "at a second time based on a time delay between transmission of the wakeup signal and the synchronization signal," and that "the time delay is associated with a time for the first device to perform frequency tuning" because Kim only teaches of a delay based on a change in terminal-specific frequency band. Examiner respectfully disagrees noting that Kim is not relied upon to teach of "at a second time based on a time delay between transmission of the wakeup signal and the synchronization signal”, which has been shown to be disclosed by Saily in view of Shellhammer. Kim is merely being used to teach that such a delay between a wakeup signal and a synchronization, as disclosed by Saily in view of Shellhammer, can be “associated with a time for the first device to perform frequency tuning”. Fig 12 & [0104]-[0105] of Kim disclose that a time delay 1210 may be associated with a time for a terminal to perform frequency tuning”.
Based on the above discussion, examiner maintains that Saily in view of Shellhammer and Kim disclose the limitations in claims 1 & 16 cited in the arguments made above by applicant.
Applicant’s arguments, see “Remark”, filed 3/11/2026, with respect to the rejections of claims 1, 5-16 & 20-22 under 35 U.S.C. 103 made in the prior record Non-Final rejection dated 12/15/2025 have been fully considered and are persuasive. Therefore, these rejections have been withdrawn. However, upon further consideration, new grounds of rejections under 35 USC 103 have been introduced based on new reference Gan et al. (US 2019/0274103)(herein after “Gan”).
Regarding claim 1, applicant’s arguments made on pages 8-11 of “Remarks” files 3/11/2026 have been considered but are moot because the new ground of rejections do not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Based on the above discussion, examiner introduces a new ground of rejection of claim 1 under 35 U.S.C. 103 based on Saily in view of Fischer and Seok and Shellhammer and Kim and further in view of Gan.
Regarding claim 16, applicant submits that amendments to this claim traverse the rejection of this claim under 35 U.S.C. 103 made in the prior record Non-Final rejection dated 12/15/2025 due to similar amendments and arguments as made above for claim 1. Examiner agrees and withdraws rejection of claim 16 under 35 U.S.C. 103 made in the prior record Non-Final rejection dated 12/15/2025. However, for the same reasons as discussed above, examiner introduces a new ground of rejection of claim 16 under 35 U.S.C. 103 based on Saily in view of Fischer and Seok and Shellhammer and Kim and further in view of Gan.
Regarding all dependent claims, applicant submits that these claims traverse the rejections of these claims under 35 U.S.C. 103 made in the prior record Non-Final rejection dated 12/15/2025 due to amendments and arguments made above for claims 1 & 16 and due to their dependency on claims 1 or 16. Examiner agrees and withdraws rejections of these dependent claims under 35 U.S.C. 103 made in the prior record Non-Final rejection dated 12/15/2025. However, for the same reasons as discussed above, examiner introduces a new grounds of rejections of these dependent claims under 35 U.S.C. 103 based on Saily in view of Fischer and Seok and Shellhammer and Kim and further in view of Gan.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 5-16 & 20-22 are rejected under 35 U.S.C. 103 as being unpatentable over Saily et al. (US 2024/0163840)(herein after “Saily”) in view of Fischer et al. (US 2018/0137316)(herein after “Fischer”) and further in view of Seok et al. (US 9247469)(herein after “Seok”) and Shellhammer et al. (2016/0373237)(herein after “Shellhammer”) and Kim et al. (US 2015/0016377)(herein after “Kim”) and Gan et al. (US 2019/0274103)(herein after “Gan”).
Regarding Claim 1, Saily discloses a first device for wireless communications (Fig 5 & [0066] disclose a backscatter node (i.e. first device) for wireless communications.), the first device comprising:
at least one memory (Fig 14 & [0092] disclose memory as part of the backscatter node.); and
at least one processor coupled to the at least one memory (Fig 14 & [0092] disclose a microcontroller coupled to memory.) and configured to:
receive an energizing signal from a second device, the energizing signal comprising a wakeup signal (Fig 10 & [0077-0078] disclose an energizing signal comprising a wakeup signal that may be transmitted from a base station or UE (second device) and received by a backscatter node.) and a synchronization signal including a synchronization waveform ([0063] discloses transmission of a synchronization signal to backscatter nodes that can have a periodic or aperiodic waveform.), wherein the wakeup signal includes a preamble portion (Fig 10 & [0077] discloses a preamble portion (header portion 1009) including a wakeup preamble 1010 and a start frame delimiter (SFD) 1012.) and a data portion (Fig 10 & [0077] discloses a data portion 1014.), and wherein the preamble portion specifies timing of the data portion (Fig 10 & [0077] discloses that header portion 1009, through SFD 1012, indicates the start of data field (1014).) and the data portion specifies a transmission channel mode including a fixed channel for transmission by the first device ([0077] discloses that data field 1014 may indicate a configuration for a backscatter frequency offset (frequency shift) that is being assigned to a backscatter node for transmission.);
receive the wakeup signal at a first time (Fig 10 & [0077-0078] disclose a wakeup signal that may be transmitted from a base station or UE (second device) and received by a backscatter node (i.e. at a first time).);
receive energy from the energizing signal ([0077-0078] discloses the transmission of a wake-up signal (i.e. part of an energizing signal) that can be received by backscatter nodes. [0040] discloses that backscatter nodes can be charged through receiving RF or wireless signals (i.e. backscatter nodes can receive energy from wireless signals).); and
output, for transmission to the second device a response signal using the transmission channel mode for transmission ([0078] discloses that a backscatter node, based on the configuration for backscatter frequency offset, may modulate and reflect a frequency shifted response signal back to a UE, based on the energy received.).
Saily fails to disclose wherein the timing of the transmission of the response signal is based on the received energy reaching a sufficient level for transmission.
However, Fischer teaches wherein the timing of the transmission of the response signal is based on the received energy reaching a sufficient level for transmission ([0038] discloses that the transmit timing of a tag (e.g. a backscatter node) is based on when the tag has harvested sufficient energy.).
Therefore, it would have been obvious to someone having skill in the art prior to the claimed invention to have a backscatter node output, for transmission to the second device a response signal using the transmission channel mode, as disclosed by Saily, wherein the timing of the transmission of the response signal is based on the received energy reaching a sufficient level for transmission, as taught by Fischer. The motivation to have a backscatter node send a response signal to a wakeup signal from an initiating UE through a self-regulating function that times the response signal to occur when the backscatter node has harvested sufficient energy in order to send the response signal as soon as the backscatter node has sufficient energy to minimize delay in replying to the initiating UE’s wakeup signal.
Saily fails to disclose an indication of use of multiple different channels and wherein the indication of use of a fixed channel or multiple different channels is based on a setting of an information flag.
However, Seok further teaches an indication of use of multiple different channels and wherein the indication of use of a fixed channel or multiple different channels is based on a setting of an information flag (Col 2, lines 51-67 & col 3, lines 1-10 disclose a channel type field (i.e. an information flag) indicating whether an AP is to use a single channel (i.e. a fixed channel) or multiple channels. Setting the channel type filed to 1 indicates multiple channels and setting the channel type field to 0 indicates s single channel).
Therefore, it would have been obvious to someone having skill in the art prior to the claimed invention to have a backscatter node output, for transmission to the second device based on the received energy, a response signal using one channel of the one or more channels for transmission, as disclosed by Saily, or use multiple different channels for transmission based on an information flag indicating the use of a fixed channel or multiple different channels, as further taught by Seok. The motivation to do so would be to assign a backscatter node either a single channel for transmission, or multiple channels for transmission based on an channel type filed indicating to use either a fixed channel or multiple different channels, in order to provide larger response throughput by the backscatter node through indication and use of multiple channels when desired.
Saily fails to disclose wherein the receiving of the synchronization signal is at a second time based on a time delay between transmission of the wakeup signal and the synchronization signal.
However, Shellhammer further teaches wherein the receiving of the synchronization signal is at a second time based on a time delay between transmission of the wakeup signal and the synchronization signal (Fig 6A and [0056]-[0057] discloses an IOE device 120 receiving a synchronization signal S based on a 4 symbol time delay between transmission of a wakeup signal W1 and the synchronization signal S.).
Therefore, it would have been obvious to someone having skill in the art prior to the claimed invention to have a backscatter node receive a wakeup signal and receive a synchronization signal, as disclosed by Saily, wherein the receiving of the synchronization signal is at a second time based on a time delay between transmission of the wakeup signal and the synchronization signal, as further taught by Shellhammer. The motivation to do so would be to have a backscatter node receive a synchronization signal at a second point in time after a time delay between transmission of a wakeup signal and the synchronization signal in order to allow the backscatter node time to wakeup before beginning synchronization so that the backscatter node does not miss all or part of the synchronization signal and consequently fail to synchronize.
Saily fails to disclose wherein the time delay is associated with a time for the first device to perform frequency tuning.
However, Kim further teaches wherein the time delay is associated with a time for the first device to perform frequency tuning (Fig 12 & [0104]-[0105] discloses a time delay 1210 associated with a time for a terminal to perform frequency tuning.).
Therefore, it would have been obvious to someone having skill in the art prior to the claimed invention to have a backscatter node receive a wakeup signal at a first time and receive a synchronization signal at a second time based on a time delay between transmission of the wakeup signal and the synchronization signal, as disclosed by Saily, wherein the time delay is associated with a time for the first device to perform frequency tuning, as further taught by Kim. The motivation to do so would be to have a backscatter node that is given enough time between sending of a wakeup signal and a synchronization signal to allow the backscatter node time to retune to a transmit frequency assigned by a UE so that the backscatter node doesn’t miss all or part of the synchronization signal and consequently fail to synchronize.
Saily fails to disclose but Gan further teaches wherein the data portion specifies a random number range (Figs 6 & 12A and [0023], [0086] & [0155] disclose a wakeup packet that contains a contention window field specifying a backoff count range of [0,7] used for a second node to randomly generate a backoff count.);
generating a random number within the random number range (Fig 12A & [0155] disclose generating a backoff count 5 within the contention window range [0,7].); and
wherein a timing of the transmission of the response signal is based on the random number (Fig 12A & [0155] discloses that a timing of a first frame sent by the second node after being woken up (i.e. upon receiving the wakeup packet) is based on the backoff count 5 randomly generated based on the contention window [0,7].).
Therefore, it would have been obvious to someone having skill in the art prior to the claimed invention to have a backscatter node receive a wakeup signal wherein the wakeup signal includes a data portion, as disclosed by Saily, wherein the data portion specifies a random number range; generates a random number within the random number range; and wherein a timing of the transmission of the response signal is based on the random number, as further taught by Gan. The motivation to do so would be to have a backscatter node that receives a wakeup signal that includes a contention window backoff count range, and the backscatter node uses the contention window to generate a random backoff count for determining a timing of transmission of a first response signal indicating successful reception of the wakeup signal in order to avoid collisions with other backscatter devices that may receive a wakeup signal at the same time as the backscatter device.
Regarding Claim 5, Saily in view of Fischer and Seok and Shellhammer and Kim and Gan disclose the device of claim 1.
Saily discloses wherein the at least one processor is configured to search for a sequence of the wakeup signal ([0077] discloses a wakeup preamble signal that may be transmitted, and thus searched for by the backscatter nodes, using a sequence of ‘0s’ and ‘1s’.).
Regarding Claim 6, Saily in view of Fischer and Seok and Shellhammer and Kim and Gan disclose the device of claim 5.
Saily discloses wherein the at least one processor is configured to tune, in response to detection of the sequence of the wakeup signal, a frequency for the first device based on the synchronization waveform of the synchronization signal ([0063] & [0077-0078] discloses a backscatter node that, in response to detection of a wakeup signal, shifts/tunes to a frequency based on a synchronization/reference signal waveform.).
Regarding Claim 7, Saily in view of Fischer and Seok and Shellhammer and Kim and Gan disclose the device of claim 1.
Saily discloses wherein the data portion comprises channel selection information indicating the one or more channels for transmission by the first device ([0077] discloses that data field 1014 may indicate a backscatter frequency offset (frequency shift) that is being assigned to a backscatter node for transmission.).
Regarding Claim 8, Saily in view of Fischer and Seok and Shellhammer and Kim and Gan disclose the device of claim 7.
Saily discloses wherein the channel selection information comprises one of a first bit corresponding to a fixed channel or a second bit corresponding to multiple channels ([0074] discloses that a UE may use ON-OFF keying to send a bit sequence, which could consist of a single first bit, used to indicate a backscatter frequency offset a backscatter node uses to determine a fixed channel on which to transmit).
Regarding Claim 9, Saily in view of Fischer and Seok and Shellhammer and Kim and Gan disclose the device of claim 1.
Saily discloses wherein the wakeup signal comprises one of amplitude shift keying, phase shift keying, frequency shift keying, orthogonal frequency-division multiplexing, or discrete Fourier transform-spread-orthogonal frequency-division multiplexing ([0077] discloses the use of on-off-keying, a form of amplitude shift keying where a “1” is indicated by a large carrier amplitude and a “0” is indicated by zero transmission amplitude).
Regarding Claim 10, Saily in view of Fischer and Seok and Shellhammer and Kim and Gan disclose the device of claim 9.
Saily discloses wherein, based on the wakeup signal comprising amplitude shift keying, an on stage of the wakeup signal is indicated by a first power using one of on-off keying, a sinewave, a constant envelope, orthogonal frequency-division multiplexing, or discrete Fourier transform-spread-orthogonal frequency-division multiplexing ([0077] discloses the use of on-off-keying, where a “1” or on stage is indicated by a first large carrier amplitude power.).
Regarding Claim 11, Saily in view of Fischer and Seok and Shellhammer and Kim and Gan disclose the device of claim 10.
Saily discloses wherein an off stage of the wakeup signal is indicated by one of no power within the wakeup signal or a second power within the wakeup signal, and wherein the first power is greater than the second power ([0077] discloses the use of on-off-keying, where a “0” or off stage is indicated by no transmission (i.e. no power).).
Regarding Claim 12, Saily in view of Fischer and Seok and Shellhammer and Kim and Gan disclose the device of claim 1.
Saily discloses wherein the at least one processor is configured to store the energy from the energizing signal (Fig 14 & [0092] discloses an RF energy harvester configured to store the energy from an energizing signal).
Regarding Claim 13, Saily in view of Fischer and Seok and Shellhammer and Kim and Gan disclose the device of claim 1.
Saily discloses wherein the first device is an electronic tag (Fig 5 & [0066] disclose a backscatter node or tag).
Regarding Claim 14, Saily in view of Fischer and Seok and Shellhammer and Kim and Gan disclose the device of claim 1.
Saily discloses wherein the second device is a tag reader (Fig 5 & [0067] disclose UEs operating as tag readers that can receive backscatter node acknowledgements).
Regarding Claim 15, Saily in view of Fischer and Seok and Shellhammer and Kim and Gan disclose the device of claim 1.
Saily discloses further comprising at least one transceiver configured to: receive the energizing signal; and transmit the response signal (Fig 14 & [0092] discloses a backscatter node with a transmitter and receiver that can receive an energizer signal, then reflect and transmit a frequency shifted response signal).
Regarding Claim 16, Saily discloses a method of wireless communications ([0005] discloses a method for a first user device in a wireless network), the method comprising:
receiving, by a first device, an energizing signal from a second device (Fig 5 & [0066] disclose a backscatter node (i.e. first device) for wireless communications.), the energizing signal comprising a wakeup signal (Fig 10 & [0077] disclose an energizing signal comprising a wakeup signal.) and a synchronization signal including a synchronization waveform ([0063] discloses transmission of a synchronization signal to backscatter nodes that can have a periodic or aperiodic waveform.), wherein the wakeup signal includes a preamble portion (Fig 10 & [0077] discloses a preamble portion (header portion 1009) including a wakeup preamble 1010 and a start frame delimiter (SFD) 1012.) and a data portion (Fig 10 & [0077] discloses a data portion 1014.), wherein the preamble portion specifies timing of the data portion (Fig 10 & [0077] discloses that header portion 1009, through SFD 1012, indicates the start of data field (1014).) and the data portion specifies a transmission channel mode including a fixed channel for transmission by the first device ([0077] discloses that data field 1014 may indicate a configuration for a backscatter frequency offset (frequency shift) that is being assigned to the backscatter node for transmission.);
receiving, by the first device, the wakeup signal at a first time (Fig 10 & [0077-0078] disclose a wakeup signal that may be transmitted from a base station or UE (second device) and received by a backscatter node (i.e. at a first time by a first device).);
receiving, by the first device, energy from the energizing signal ([0077-0078] discloses the transmission of a wake-up signal (i.e. part of an energizing signal) that can be received by backscatter nodes. [0040] discloses that backscatter nodes can be charged through receiving RF or wireless signals (i.e. backscatter nodes can receive energy from wireless signals).); and
outputting, for transmission by the first device to the second device, a response signal using the transmission channel mode for transmission ([0077]-[0078] discloses that a backscatter node, using the configuration for backscatter frequency offset, may modulate and reflect a frequency shifted response signal back to a UE.).
Saily fails to disclose wherein the timing of the transmission of the response signal is based on the received energy reaching a sufficient level for transmission.
However, Fischer teaches wherein the timing of the transmission of the response signal is based on the received energy reaching a sufficient level for transmission ([0038] discloses that the transmit timing of a tag (e.g. a backscatter node) is based on when the tag has harvested sufficient energy.).
Therefore, it would have been obvious to someone having skill in the art prior to the claimed invention to have a method where a backscatter node outputs, for transmission to the second device a response signal using the transmission channel mode, as disclosed by Saily, wherein the timing of the transmission of the response signal is based on the received energy reaching a sufficient level for transmission, as taught by Fischer. The motivation to have a method for a backscatter node to send a response signal to a wakeup signal from an initiating UE through a self-regulating function that times the response signal to occur when the backscatter node has harvested sufficient energy in order to send the response signal as soon as the backscatter node has sufficient energy to minimize delay in replying to the initiating UE’s wakeup signal.
Saily fails to disclose an indication of use of multiple different channels and wherein the indication of use of a fixed channel or multiple different channels is based on a setting of an information flag.
However, Seok further teaches an indication of use of multiple different channels and wherein the indication of use of a fixed channel or multiple different channels is based on a setting of an information flag (Col 2, lines 51-67 & col 3, lines 1-10 disclose a channel type field (i.e. an information flag) indicating whether an AP is to use a single channel (i.e. a fixed channel) or multiple channels. Setting the channel type filed to 1 indicates multiple channels and setting the channel type field to 0 indicates s single channel).
Therefore, it would have been obvious to someone having skill in the art prior to the claimed invention to have a method for a backscatter node to output, for transmission to the second device based on the received energy, a response signal using one channel of the one or more channels for transmission, as disclosed by Saily, or use multiple different channels for transmission based on an information flag indicating the use of a fixed channel or multiple different channels, as further taught by Seok. The motivation to do so would be to have a method to assign a backscatter node either a single channel for transmission, or multiple channels for transmission based on an channel type filed indicating to use either a fixed channel or multiple different channels, in order to provide larger response throughput by the backscatter node through indication and use of multiple channels when desired.
Saily fails to disclose wherein the receiving of the synchronization signal is by the first device, at a second time based on a time delay between transmission of the wakeup signal and the synchronization signal.
However, Shellhammer further teaches wherein the receiving of the synchronization signal is by the first device, at a second time based on a time delay between transmission of the wakeup signal and the synchronization signal (Fig 6A and [0056]-[0057] discloses an IOE device 120 (i.e. a first device) receiving a synchronization signal S based on a 4 symbol time delay between transmission of a wakeup signal W1 and the synchronization signal S.).
Therefore, it would have been obvious to someone having skill in the art prior to the claimed invention to have a method for backscatter node to receive a wakeup signal and receive a synchronization signal, as disclosed by Saily, wherein the receiving of the synchronization signal is by the first device, at a second time based on a time delay between transmission of the wakeup signal and the synchronization signal, as further taught by Shellhammer. The motivation to do so would be to have a method for a backscatter node to receive a synchronization signal at a second point in time after a time delay between transmission of a wakeup signal and the synchronization signal in order to allow the backscatter node time to wakeup before beginning synchronization so that the backscatter node does not miss all or part of the synchronization signal and consequently fail to synchronize.
Saily fails to disclose wherein the time delay is associated with a time for the first device to perform frequency tuning.
However, Kim further teaches wherein the time delay is associated with a time for the first device to perform frequency tuning (Fig 12 & [0104]-[0105] discloses a time delay 1210 associated with a time for a terminal to perform frequency tuning.).
Therefore, it would have been obvious to someone having skill in the art prior to the claimed invention to have a method for a backscatter node to receive a wakeup signal at a first time and receive a synchronization signal at a second time based on a time delay between transmission of the wakeup signal and the synchronization signal, as disclosed by Saily, wherein the time delay is associated with a time for the first device to perform frequency tuning, as further taught by Kim. The motivation to do so would be to have a method for allowing enough time between sending a wakeup signal and a synchronization signal to allow a backscatter node time to retune to transmit frequency assigned by a UE so that the backscatter node doesn’t miss all or part of the synchronization signal and consequently fail to synchronize.
Saily fails to disclose but Gan further teaches wherein the data portion specifies a random number range (Figs 6 & 12A and [0023], [0086] & [0155] disclose a wakeup packet that contains a contention window field specifying a backoff count range of [0,7] used for a second node to randomly generate a backoff count.);
Generating, by the first device, a random number within the random number range (Fig 12A & [0155] disclose generating a backoff count 5 within the contention window range [0,7] by the second node (i.e. the first device).); and
wherein a timing of the transmission of the response signal is based on the random number (Fig 12A & [0155] discloses that a timing of a first frame sent by the second node after being woken up (i.e. upon receiving the wakeup packet) is based on the backoff count 5 randomly generated based on the contention window [0,7].).
Therefore, it would have been obvious to someone having skill in the art prior to the claimed invention to have a method for a backscatter node to receive a wakeup signal wherein the wakeup signal includes a data portion, as disclosed by Saily, wherein the data portion specifies a random number range; generates a random number within the random number range; and wherein a timing of the transmission of the response signal is based on the random number, as further taught by Gan. The motivation to do so would be to have a method for a backscatter node to receive a wakeup signal that includes a contention window backoff count range, and the backscatter node uses the contention window to generate a random backoff count for determining a timing of transmission of a first response signal indicating successful reception of the wakeup signal in order to avoid collisions with other backscatter devices that may receive a wakeup signal at the same time as the backscatter device.
Regarding Claim 20, Saily in view of Fischer and Seok and Shellhammer and Kim and Gan disclose the method of claim 16.
Saily discloses further comprising: searching, by the first device, for a sequence of the wakeup signal ([0077] discloses a wakeup preamble signal may be transmitted, and thus searched for by the backscatter nodes, using a sequence of ‘0s’ and ‘1s’.);
and tuning, by the first device in response to detection of the sequence of the wakeup signal, a frequency for the first device based on the synchronization waveform of the synchronization signal ([0063] & [0077-0078] discloses that the backscatter node, in response to detection of a wakeup signal, may tune to a frequency by modulating and reflecting a frequency shifted synchronization waveform from a synchronization signal back to a UE.).
Regarding claim 21, Saily in view of Fischer and Seok and Shellhammer and Kim and Gan disclose the first device of claim 1.
Saily discloses wherein the data portion indicates using the fixed channel ([0077] discloses that data field 1014 may indicate a backscatter frequency offset (frequency shift) that is being assigned to the backscatter node for transmission.).
Saily fails to disclose using multiple different channels and wherein the indication of using the fixed channel is based on a first setting of the information flag and the indication of using the multiple different channels is based on a second setting of the information flag.
However, Seok further teaches using multiple different channels and wherein the indication of using the fixed channel is based on a first setting of the information flag and the indication of using the multiple different channels is based on a second setting of the information flag (Col 2, lines 51-67 & col 3, lines 1-10 disclose a channel type field (i.e. an information flag) indicating whether an AP is to use a single channel (i.e. a fixed channel) or multiple channels. Setting the channel type filed to 1 indicates multiple channels and setting the channel type field to 0 indicates s single channel).
Therefore, it would have been obvious to someone having skill in the art prior to the claimed invention to have the device of claim 1 wherein a backscatter node outputs, for transmission to the second device based on the received energy, a response signal using one channel of the one or more channels for transmission, as disclosed by Saily in view of Fischer and Seok and Shellhammer and Kim and Gan, or use multiple different channels for transmission wherein the indication of using the fixed channel is based on a first setting of the information flag and the indication of using the multiple different channels is based on a second setting of the information flag, as further taught by Seok. The motivation to do so would be to have a backscatter node use either a single channel for transmission, or multiple channels for transmission based on an channel type filed indicating to use either a fixed channel or multiple different channels, in order to provide larger response throughput by the backscatter node through indication and use of multiple channels when desired.
Regarding claim 22, Saily in view of Fischer and Seok and Shellhammer and Kim and Gan disclose the method of claim 16.
Saily discloses wherein the data portion indicates using the fixed channel ([0077] discloses that data field 1014 may indicate a backscatter frequency offset (frequency shift) that is being assigned to the backscatter node for transmission.).
Saily fails to disclose using multiple different channels and wherein the indication of using the fixed channel is based on a first setting of the information flag and the indication of using the multiple different channels is based on a second setting of the information flag.
However, Seok further teaches using multiple different channels and wherein the indication of using the fixed channel is based on a first setting of the information flag and the indication of using the multiple different channels is based on a second setting of the information flag (Col 2, lines 51-67 & col 3, lines 1-10 disclose a channel type field (i.e. an information flag) indicating whether an AP is to use a single channel (i.e. a fixed channel) or multiple channels. Setting the channel type filed to 1 indicates multiple channels and setting the channel type field to 0 indicates s single channel).
Therefore, it would have been obvious to someone having skill in the art prior to the claimed invention to have the method of claim 16 wherein a backscatter node outputs, for transmission to the second device based on the received energy, a response signal using one channel of the one or more channels for transmission, as disclosed by Saily in view of Fischer and Seok and Shellhammer and Kim and Gan, or use multiple different channels for transmission wherein the indication of using the fixed channel is based on a first setting of the information flag and the indication of using the multiple different channels is based on a second setting of the information flag, as further taught by Seok. The motivation to do so would be to have a method for a backscatter node to use either a single channel for transmission, or multiple channels for transmission based on an channel type filed indicating to use either a fixed channel or multiple different channels, in order to provide larger response throughput by the backscatter node through indication and use of multiple channels when desired.
Conclusion
The following prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Wang et al. (WO 2013/070174) discloses Compression Devices, Decompression Devices, Compression Methods, and Decompression Methods.
Warner et al. (US 8258927) discloses a Method and System for Inventorying Wireless Transponders Providing Anti-eavesdropping Anti-collision.
Jiang et al. (CN 100999961) discloses a Designing Method of New Technology Coded Lock and Key.
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 JAMES P SEYMOUR whose telephone number is (571)272-7654. The examiner can normally be reached M-F 8-5 EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nishant Divecha can be reached at 571-270-3125. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JAMES P SEYMOUR/Examiner, Art Unit 2419
/Nishant Divecha/Supervisory Patent Examiner, Art Unit 2419
Prosecution Insights