Detailed Action
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
2. Acknowledgement is made of the amendment filed 08/12/25.
Claims 1-5,8,9,11-14,16,18,20,22,23,26, 27,29-31,34,36-41,43 and 48 remain pending in the application.
• Claims 1, 3, 8, 9, 11, 12-14, 22, 23, 27, 37-39, and 41 are currently amended.
• Claims 6,7,10,15,17,19,21,24,25,28,32,33,35,42, 44-47 and 49 are canceled.
• No claims are new.
• Abstract objection is withdrawn because of amendment.
• Drawing objections are withdrawn because of explanations and pages cited in specifications with specific drawing legends (see page 9 of 12, Drawings).
• Claim Interpretations is withdrawn because of amendment (“means” language has been amended as not to invoke means-plus function interpretation).
• Claim objection is withdrawn because of explanations and pages cited in specifications with specific definition (see page 10 of 12, Claim Objections).
• Claims 8, 9, 12, 13, 22, and 30 rejected as being allegedly indefinite have been amended to clarify antecedent basis issues raised in the rejection. Rejections are withdrawn because of amendment.
Response to Arguments
3. Applicant’s arguments, filed 08/12/25 with respect to the rejections of claims 1-5, 11, 13, 14, 16, 20, 22, 23, 26, 27, 29, 34, 37, 38, 39, 40, 41 and 43 as being allegedly anticipated by to Lucent have been fully considered and are persuasive. Therefore, the rejection has been withdrawn because of amendments. However, upon further consideration, a new ground(s) of rejection is made in view of Dao, Quang Huy (“A Self-Sufficient RFID Sensor Tag based on Optically Transparent Antenna and Analog Front-End for the Integration in Metal Components”, von Herrn Dipl.-Ing. Quang Huy Dao geboren am 27. November 1984 in Thai Nguyen, Vietnam 2021 pages 1-145).
Claim Rejections - 35 USC § 103
4. 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.
5. Claims 1-5,9, 11,13,14,16,18, 20,22, 23,26, 27, 29-31, 34,37-41 and 43 are rejected under 35 U.S.C. 103 as being unpatentable over Lucent (EP0915573)( see IDS) in view of Dao, Quang Huy (“A Self-Sufficient RFID Sensor Tag based on Optically Transparent Antenna and Analog Front-End for the Integration in Metal Components”, Institute of Microwave and Wireless Systems, Doctoral thesis, Leibniz University Hannover, 2021 pages 1-145).
With regards to claim 1, Lucent teaches in fig. 1, Communication system [0009], Radio-Frequency identification (RFID) system) comprising:
(a). a central unit (Interrogator Unit used in RFID system, see fig. 2) comprising at least one RF antenna (Transmitter antenna 204), a transmitter configured to transmit a RF signal (Transmitter 203) and a receiver (see blocks 207,208,210,212) configured to receive a backscattered RF signal (receive antenna 206); and
(b). a communication element ( see fig. 1, Tag 105) comprising a RF antenna ( shown in fig. 3, 301) and configured to transmit data to the central unit by backscatter of the RF signal emitted from the central unit ( see bidirectional communication, air interface shown in fig. 1) , wherein the communication element (tag 105 and more details shown in fig. 3) comprises a modulator for modulating the backscattered RF signal into a spread spectrum backscattered RF signal ( see Modulator control 307, and details shown in fig. 4A) and the central unit (Interrogator shown in fig. 2) comprises processing unit (processor 200) comprising (see [0020]. The demodulator 212- - - ) a de-modulator for de-spreading the spread spectrum backscattered RF signal ( see block 212, subcarrier demodulator, fig. 5, [0020], despread the incoming direct sequence spread spectrum incoming signal), and wherein the communication element (tag 105, fig. 3) comprises source( see Battery 310, [0012]-- - a battery 310 or other power supply provides power to the circuitry of Tag 105).
Lucent discloses in [0003], RFID systems are radio communication systems that communicate between a radio transceiver, called an Interrogator, and a number of inexpensive devices called Tags. The objectives of RFID systems are to design a reliable and secure architecture, and to minimize the total cost of the Interrogator and the Tags, while meeting the system performance requirements. In RFID systems, the Interrogator communicates to the Tags using modulated radio signals, and the Tags respond with modulated radio signals. But is not explicit about the RFID systems including and wherein the central unit further comprises one or more of a high pass filter, and carrier cancellation self-interference mitigation selected from analog and digital.
However, Dao, Quang Huy discloses in chapter 5, 5.3 RFID systems which consists of a sensor tag (communication element) and a reader unit (central unit). A block diagram of a RFID systems is shown in Fig. 5.25. The Reader unit (central unit) is shown to further comprises one or more of a high pass filter.
Lucent and Dao, Quang Huy are analogous art, because they are in a similar field of endeavor in the wireless and energy-efficient data transmission, which is the result of the backscatter communication principle. Thus, it would have been obvious to one of ordinary in the art, before the effective filing date of the claimed invention, to combine them and to modify Lucent RFID systems (interrogator) with , Dao, Quang Huy’s Reader unit (central unit) further comprises one or more of a high pass filter. For this combination, the motivation would have been to improve general low-frequency noise (MPEP 2143, Rationale C)
With regards to claim 22, Lucent discloses in figs 1 and 3, a communication element (Tag 105) comprising:
(c). a RF antenna (Fig. 3, 301);
(d). processing unit configured to transmit data to a central unit by backscatter of an RF signal incident upon the antenna ([0012], In the Tag 105 (see FIG. 3), the Antenna 301 (for example, a loop or patch antenna) receives the modulated signal [0015]) When the Tag 105 detects the presence of the Interrogator downlink signal, it responds by transmitting its RFID data preceded by a known preamble that is used for synchronization by the receiver- - -).
(e). source (Fig. 3, battery 310; [0012], In the Tag 105 (see FIG. 3), the Antenna 301 (for example, a loop or patch antenna) receives the modulated signal-- -); and
(f ). a modulator (Fig. 3, 302) for modulating the backscattered RF signal to obtain a spread spectrum backscattered RF signal (see [0015]) When the Tag 105 detects the presence of the Interrogator downlink signal, it responds by transmitting its RFID data preceded by a known preamble that is used for synchronization by the receiver- - -).
Lucent discloses in [0003], RFID systems are radio communication systems that communicate between a radio transceiver, called an Interrogator, and a number of inexpensive devices called Tags. The objectives of RFID systems are to design a reliable and secure architecture, and to minimize the total cost of the Interrogator and the Tags, while meeting the system performance requirements. In RFID systems, the Interrogator communicates to the Tags using modulated radio signals, and the Tags respond with modulated radio signals, but is not explicit about the RFID systems including and wherein the central unit further comprises one or more of a high pass filter, and carrier cancellation self-interference mitigation selected from analog and digital.
However, Dao, Quang Huy discloses in chapter 5, 5.3 RFID systems which consists of a sensor tag (communication element) and a reader unit (central unit). A block diagram of a RFID systems is shown in Fig. 5.25. The Reader unit (central unit) is shown to further comprises one or more of a high pass filter.
Lucent and Dao, Quang Huy are analogous art, because they are in a similar field of endeavor in the wireless and energy-efficient data transmission, which is the result of the backscatter communication principle. Thus, it would have been obvious to one of ordinary in the art, before the effective filing date of the claimed invention, to combine them and to modify Lucent RFID systems (interrogator) with Dao, Quang Huy’s Reader unit (central unit) further comprises one or more of a high pass filter. For this combination, the motivation would have been to improve general low-frequency noise (MPEP 2143, Rationale C)
With regards to claim 37, Lucent discloses in figs 1 and 2,
A central unit (Interrogator 103) comprising:
(a). at least one RF antenna (Fig. 2, Transmitter antenna 204, Receive antenna 206),
(b). a transmitter configured to transmit a RF signal (Fig. 2, Transmitter 203),
(c) . a receiver configured to receive a backscattered RF signal (Fig. 2, block 207-212, [0017], the Interrogator 103 receives the reflected and modulated signal with the Receive Antenna 206, amplifies the signal with a Low Noise Amplifier 207, and demodulates the signal using homodyne detection in a Mixer 208 down to the Intermediate Frequency (IF) of the single sub carrier (In some Interrogator designs, a single Transmitter 204 and Receive 206 Antenna is used), and
(d). processing unit comprising a de-modulator for de-spreading a spread spectrum modified backscattered RF signal (Fig. 2, 212, [0020], the demodulator 212 may be implemented in Gate Array circuit, illustratively shown in FIG. 5. It has three functions:1) despread the incoming direct sequence spread spectrum incoming signal; 2) demodulation of the differentially encoded phase shift keyed data (data recovery circuit); 3) deriving the received bit clock for the demodulated data stream (clock recovery circuit)).
Lucent discloses in [0003], RFID systems are radio communication systems that communicate between a radio transceiver, called an Interrogator, and a number of inexpensive devices called Tags. The objectives of RFID systems are to design a reliable and secure architecture, and to minimize the total cost of the Interrogator and the Tags, while meeting the system performance requirements. In RFID systems, the Interrogator communicates to the Tags using modulated radio signals, and the Tags respond with modulated radio signals, but is not explicit about the RFID systems including and wherein the central unit further comprises one or more of a high pass filter, and carrier cancellation self-interference mitigation selected from analog and digital.
However, Dao, Quang Huy discloses in chapter 5, 5.3 RFID systems which consists of a sensor tag (communication element) and a reader unit (central unit). A block diagram of a RFID systems is shown in Fig. 5.25. The Reader unit (central unit) is shown to further comprises one or more of a high pass filter (HPF).
Lucent and Dao, Quang Huy are analogous art, because they are in a similar field of endeavor in the wireless and energy-efficient data transmission, which is the result of the backscatter communication principle. Thus, it would have been obvious to one of ordinary in the art, before the effective filing date of the claimed invention, to combine them and to modify Lucent RFID systems (interrogator) with Dao, Quang Huy ‘s Reader unit (central unit) further comprises one or more of a high pass filter. For this combination, the motivation would have been to improve general low-frequency noise (MPEP 2143, Rationale C)
With regards to claims 2 and 40, Lucent further discloses the communication system according to claim 1, wherein the transmitter of the central unit comprises a low phase noise signal source (see fig. 2, Radio signal source 201, low noise 207)
With regards to claims 3 and 41, Lucent and Dao, Quang Huy further discloses communication system according to claim 1, wherein the central unit further comprises a two antenna configuration (see Lucent fig. 2, a two antenna configuration Transmit antenna 204 and receive antenna 206). Also see Dao, Quang Huy Figure 5.25 Block diagram of the 24 GHz communication system, (Tx and Rx antennas in reader unit)
With regards to claim 4, Lucent further discloses the communication system according to claim 1, wherein the spread spectrum backscattered RF signal is a direct sequence spread spectrum backscattered RF signal (see, [0002], - -- using direct sequence spread spectrum modulation of subcarrier frequencies in a modulated backscatter communication system. [0020], despread the incoming direct sequence spectrum incoming signal- - -)
With regards to claim 5, Lucent further discloses the communication system according to claim 1, wherein the communication system uses a low data bandwidth (see [0023], ---the subcarrier de-modulator or baseband receiver is implemented using a FPGA and as a result, the correlator receiver sections operational speed is limited by the FPGA’s maximum specified clock rate. In [0024], - - - All other clocks and timing inside the FPGA are derived from the master clock. The master clock rate is 80 times greater than the baseband date rate of 50kb/s).
With regards to claim 9, the combination of Lucent and Dao and Quang Huy discloses the communication system according to claim 1, wherein the communication element comprises an oscillator which is implemented as part of a conventional integrated circuit (see [0012], ASIC (Applied specific integrated circuit)), without an additional precision oscillator (see Dao and Quang Huy, Figure 5.12 Block diagram of the developed 24 GHz reader unit (local oscillator))
With regards to claims 11 and 23, Lucent further discloses the communication system according to claim 1, wherein the communication element (tag 105, fig. 3) further comprises a memory (see fig. 3, battery 310, [0012], In the Tag 105 (see FIG. 3)
With regards to claims 13 and 26, Lucent further discloses the communication system according to claim 1, wherein the communication element, or parts thereof, are fabricated using printing techniques (see [0012], ASIC (Applied specific integrated circuit))
With regards to claims 14 and 27, Lucent further discloses the communication system according to claim 1, wherein the power source in the communication element comprises one or more of a battery, a supercapacitor and an energy harvesting circuit (see at least a battery in fig. 3, battery 310, [0012], In the Tag 105 (see FIG. 3)
With regards to claim 16, Lucent further discloses the communication system according to claim 1, wherein the communication element (see fig. 3) further comprises a modulator configured to modulate the backscatter RF signal by modulation using Binary Phase Shift Keying or Binary Amplitude Shift Keying on the reflected backscatter RF signal ( see [0015], the tag sends an uplink message to the interrogator by differentially encoding the uplink information signal 306 at frequency f2 and BPSK modulates a pseudo random signal 402 to generate signal 311- - - -103 to produce a modulated backscatter (e.g., reflected) signal - - -back to the interrogator).
With regards to claims 18 and 31, the combination of Lucent and Dao, Quang Huy discloses the communication system according to claim 1, further comprising one or more sensors, operably connected to the communication element (sensor tag). (see Dao, Quang Huy, Figure 5.1 Block diagram of the 24 GHz RFID sensor tag, (sensor))
With regards to claims 20 and 34, Lucent discloses the communication system according to claim 1, further comprising a user interface (see fig. 1, Application processor (101), [0011], An application processor 101 communicates over local Area Network (LAN)).
With regards to claim 29, Lucent further discloses the communication element according to claim 22, wherein the modulator is configured to modulate the backscatter RF signal by direct sequence spread spectrum modulation (see, [0002], - -- using direct sequence spread spectrum modulation of subcarrier frequencies in a modulated backscatter communication system (In [0012], The modulated PN subcarrier signal 311 is used by Detector/Modulator 302 to modulate the radio signal received from interrogator 103 to produce a modulated backscatter (e.g., reflected) signal). In [0020], despread the incoming direct sequence spectrum incoming signal- - -)
With regards to claim 30, combination of Lucent and Dao, Quang Huy discloses the communication element according to claim 22, wherein the communication element takes the form of a label (tag) (see fig. 3, tag 105), also see Dao, Quang Huy Figure 5.1 Block diagram of the 24 GHz RFID sensor tag.
With regards to claim 38, Lucent further discloses the central unit according to claim 37, wherein the de-modulator is configured to de-spread a direct sequence spread spectrum modified backscattered RF-signal. (see, [0002], - - - using direct sequence spread spectrum modulation of subcarrier frequencies in a modulated backscatter communication system. [0020], despread the incoming direct sequence spectrum incoming signal- - -)
With regards to claim 39, Lucent discloses the central unit (interrogator) according to claim 37, wherein the demodulator is configured to de-modulate a Binary Phase Shift Keying or Binary Amplitude Shift Keying modulated backscattered RF signal (see fig. 5, demodulator circuit 212, [0022]- - -When the time tracking unit 503 receives the Lock signal 502, it despreads the incoming subcarrier 211 and produces the differentially encoded BPSK information signal 504- - -).
With regards to claim 43, Lucent further discloses the central unit according to claim 37, wherein further comprising a modulator configured to modulate the transmitted RF signal (see (In [0012], The modulated PN subcarrier signal 311 is used by Detector/Modulator 302 to modulate the radio signal received from interrogator 103 to produce a modulated backscatter (e.g., reflected) signal). In fig. 2, modulator 202’ [0017], the interrogator 103 receives the reflected and modulated signal with the Receive antenna 206- --).
6. Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Lucent (EP0915573)( see IDS) in view of Dao, Quang Huy (“A Self-Sufficient RFID Sensor Tag based on Optically Transparent Antenna and Analog Front-End for the Integration in Metal Components”, Institute of Microwave and Wireless Systems, Doctoral thesis, Leibniz University Hannover, 2021 pages 1-145) as applied in claim 1 above, and further in view of Corrado (US 2008/0061967).
With regards to claim 8, combination of Lucent and Dao, Quang Huy discloses the communication system according to claim 1, but are not explicit about wherein an operable range between the central unit and the communication element is at least 50m.
However, Corrado discloses in [0002], active multi-modal Radio Frequency Identification (RFID) tags and systems, readers and tags. In [0005], there are also "active" tags that derive their power from incorporated batteries. Such devices add significant value to the process of inventory tracking and In Transit Visibility (ITV) enabling processes such as Total Asset Visibility (TAV). Relative to passive tags, active tags have a greater data acquisition range (0 to 1000 meters).
Thus, it would have been obvious to one of ordinary in the art, before the effective filing date of the claimed invention, to combine the references and to modify Lucent RFID systems (interrogator) and Dao, Quang Huy ‘s Reader unit (central unit) further comprises one or more of a high pass filter and use an active tag. For this combination, the motivation would have been for low cost, active RFID tags that provide accurate, reliable, consistent data transfer (see Corrado [0009]) (MPEP 2143, Rationale C)
7. Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Lucent (EP0915573)( see IDS) in view of Dao, Quang Huy (“A Self-Sufficient RFID Sensor Tag based on Optically Transparent Antenna and Analog Front-End for the Integration in Metal Components”, Institute of Microwave and Wireless Systems, Doctoral thesis, Leibniz University Hannover, 2021 pages 1-145) as applied in claim 1 above, and further in view of Mashhadi et al (US 20150257006).
With regards to claim 12, combination of Lucent and Dao, Quang Huy discloses the communication system according to claim 11, wherein the memory (see fig. 3, battery 310, [0012], In the Tag 105 (see FIG. 3), except for the memory is selected from a printed memory and a silicon semiconductor-based memory.
However, Mashhadi et al discloses in fig. 1, digital chip 125 and Memory 126, [0021], a digital chip 125 including a memory 126 storing tag data 127.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have improved the memory of Lucent and Dao, Quang Huy with memory which is part of the digital chip of Mashhadi et al enabling transmission of the tag data to yield predictable results (MPEP 2143, Rational C)
8. Claims 36 and 48 are rejected under 35 U.S.C. 103 as being unpatentable Lucent (EP0915573)( see IDS) in view of Dao, Quang Huy (“A Self-Sufficient RFID Sensor Tag based on Optically Transparent Antenna and Analog Front-End for the Integration in Metal Components”, Institute of Microwave and Wireless Systems, Doctoral thesis, Leibniz University Hannover, 2021 pages 1-145) as applied in claims 22 and 37 above, and further in view of Butler et al (US 20120206243)(see IDS).
With regards to claim 36, combination of Lucent and Dao, Quang Huy discloses all of the subject matter discussed above, except for the communication element according to claim 22, wherein the communication element (tag) is an integral part of packaging of a consumable or a medicament.
However, Butler et al discloses in Fig. 28, Medical RFID tag, Pharmaceutical tracking 2808, [0888] Referring to FIG. 28, a medical RFID tag 2118 may be used to facilitate pharmaceutical product tracking 2808 in ways similar to the medical supplies, devices and instruments tracking 2802 functionalities described above
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have substituted the Tag 105 of Lucent with the Medical RFID tag of Butler et al where the results of the substitution would predictably allow for inventory tracking (MPEP 2143, Rational B)
With regards to claim 48, combination of Lucent , Dao, Quang Huy and Butler et al discloses a method of transmitting information between a central unit and a consumable or medicament container using the communication system according to claim 1 (see Butler et al Fig. 28 , Medical RFID tag , Pharmaceutical tracking 2808, [0888] Referring to FIG. 28, a medical RFID tag 2118 may be used to facilitate pharmaceutical product tracking 2808 in ways similar to the medical supplies, devices and instruments tracking 2802 functionalities described above ) (MPEP 2143, Rational B)
Conclusion
9. 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.
10. Any inquiry concerning this communication or earlier communications from the examiner should be directed to HELENE E TAYONG whose telephone number is (571)270-1675. The examiner can normally be reached 9am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Hannah S Wang can be reached at 571-272-9018. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HELENE E TAYONG/Primary Examiner, Art Unit 2631 November 12, 2025