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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 3/11/2026 has been entered.
Response to Arguments
Applicant's arguments filed 2/12/2026 have been fully considered but they are not persuasive.
The examiner has reviewed the Applicant’s arguments/remarks in light of the most recent claim amendments. Upon review, the examiner respectfully disagrees with the Applicant’s arguments, and maintains the previous rejection of record should remain upheld.
At pages 5-7, the Applicant argues the prior art of record fails to teach the “data signal” is received “via a Physical Downlink Shared Channel (PDSCH).”
With respect to claim 1, the examiner notes that said claim is directed towards an apparatus claim, and should therefore be defined and limited in terms of the structure related to said apparatus. That is, limitations directed towards external components, contents or composition of externally generated signals, etc. are not considered to be further limiting of the structure. It is further noted that the claim in general appears to be largely narrative and directed towards the intended use of a terminal, with very little structure being positively recited. As currently presented, the only structure which is considered to be positively recited, and further limiting of the terminal is “a receiver” and “a processor”. The claim limitations directed towards “another device” are neither positively recited, nor do they further limit the structure of the terminal. Furthermore, limitations directed towards an externally generated signal and its composition (i.e., “the power supply signal that includes a signal used for energy harvesting and a data signal… the signal used for the energy harvesting that has a same physical structure in a plurality of cells” also fail to further limit the structure of the terminal, and are similarly not considered positively recited, and are merely intended use recitations. As will be further addressed below in the 112 rejections, it is unclear as to how the composition of said signals imparts any limitations whatsoever on the terminal itself. The power supplying signal which is generated external to the terminal, does not further limit the structure of the terminal itself. Claims directed towards an apparatus must be defined in terms of their structure, not the structure of components external, nor the intended use of said structure.
Furthermore, with respect to the claim language directed towards “a Physical Downlink Shared Channel (PDSCH)” the examiner notes that a PDSCH is not a physical structure. PDSCH is merely a well-known channel commonly used for communication. Said limitation fails to further limit the receiver as, again, PDSCH is not a structural limitation (see also the 112 rejections presented below). Even if the Applicant were to still disagree, prior art Elshafie clearly states at paragraph 0064, “Physical channels may be multiplexed on a carrier according to various techniques. A physical control channel and a physical data channel may be multiplexed on a downlink carrier…” thereby establishing downlink communication is occurring. That is, Elshafie discloses transmission of signal via physical channels, including multiplexing of a physical control channel and a physical downlink channel on a downlink carrier. This teaches communication of data to a terminal via a physical downlink channel and requires a received configured to receive such signals. It is well understood in the art and official notice is taken) that, in standardized cellular communication systems, downlink data is transmitted using shared physical downlink channels, such as a Physical Downlink Shared Channel (PDSCH). Accordingly, configuring the receiver to receive data via a PDSCH represents a routine and predictable implementation of the disclosed physical downlink channel.
Similar rationale holds true with respect to independent claim 6. The most recent amendments fail to further limit the respective method claim, but rather appear as an attempt to further define claim elements which appear to be largely directed towards intended use, and are not believed to be positively recited.
In summation, the examiner believes the previous rejection of record should remain upheld as the most recent claim amendments fail to further limit the respective apparatus and method claim. Claim language directed towards the respective composition of a signal, the “another device,” etc. as presented within claim 1 fail to further limit the structural elements of the terminal (a receiver and a processor) and fail to further limit communication steps to be performed by the terminal within claim 6. An updated action is presented below to address the most recent claim amendments.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-2, and 4-6 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding Claim 1: Claim 1 is directed towards an apparatus claim. As such, claim limitations should be directed towards the respective structural requirements of said apparatus, and are not further limited by the intended use, or elements that do not impart structural limitations on said apparatus. Specifically, the claim limitation reciting, “the processor is configured to control the operation of receiving the signal used for the energy harvesting that has a same physical structure in a plurality of cells,” (emphasis added) renders the claim indefinite. The phrase, “same physical structure” with respect to an externally generated signal is unclear because the claim fails to define what constitutes the “physical structure” of the signal. It is unclear whether the “physical structure” refers to, for example, a modulation scheme, waveform characteristics, time-frequency resource mapping, frame structure, coding scheme, or some other parameter of the signal. As such, one of ordinary skill in the art would not be reasonably apprised of the scope of the claim.
Furthermore, the recitation that the signal has the same physical structure “in a plurality of cells” introduces additional ambiguity because it is unclear what constitutes the “plurality of cells,” how the “same” structure is determined across different cells, and how this is measured or enforced.
Additionally, and arguably most importantly, it is unclear how said limitation imposes any structural or functional requirement on the claimed apparatus (i.e., the terminal), as such language appears to describe properties associated with signals transmitted by an external device rather than a characteristic of the claimed apparatus. That is, the claim language directed towards the respective makeup of a signal generated external to the terminal do not appear to impart any physical or structural limitations upon the terminal itself. It appears as though said limitations directed towards the respective signal properties do not meaningfully limit the apparatus, but rather are merely recitations related to intended use. In summation, it is unclear as to what structural limitations, if any, are to be imparted by the language directed towards the signal on the apparatus itself. Furthermore, it is not clear what constitutes as “a same physical structure”. Said limitations will be examined under their broadest reasonable interpretation, as best understood in light of the specification. That is, claim limitations outside of the scope of the terminal and its respective, positively recited, structure (a receiver and a processor) are considered intended use limitations which fail to further limit the respective apparatus claim, and merely add to the overall ambiguity of the claim as it is unclear what structural limitations said language adds to the terminal, if any. Claims 2 and 4-5 fail to cure the deficiencies of claim 1 and therefore inherit said deficiencies.
Regarding Claim 6: Similar rationale as presented above is applied to independent claim 6. While independent claim 6 is directed towards a method of communication performed by a terminal, it remains unclear as to how limitations directed towards the respective composition of an externally generated signal (i.e., a same physical structure in a plurality of cells, which again is unclear) are to further limit the respectively claimed method. The claim language stating, “the signal used for the energy harvesting that has a same physical structure in a plurality of cells” is not a method step, nor does it appear to further limit or influence the method of communication performed by the terminal. Said limitations will be examined under their broadest reasonable interpretation, as best understood in light of the specification.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-2, and 4-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Elshafie et al. (U.S. Patent Publication Number 2022/0385109) in view of Wanstedt et al.(U.S. Patent Publication Number 2014/0194092).
Regarding Claim 1:
Elshafie et al. discloses a terminal (Figs. 1-2 and 10, device 103 also shown as device 205-a in Fig. 2, as well as being shown in greater detail as device 1005 in Fig. 10, and its related discussion) comprising: a receiver (Fig. 10, signal receiver 1030 of device 1005 and their related discussion; see, at least, paragraphs 0166-0171) configured to receive a power supplying signal from another device (Figs. 10, signal receiver 1030 of device 1005 and their related discussion; see, at least, paragraph 0171 which discloses the signal receiver 1030, of the communications manager 1020, is “configured as or otherwise support a means for receiving, from the second device, a signal having a radio frequency power…” See also, Fig. 2, paragraphs 0091-0092, etc. which provide further support for device 205-a receiving a power supplying signal, signal 235 with RF power 240, from another device, 205-b) and to receive power supply (Fig. 10, radio frequency power converter 1035 with DC power storage component 1040, and their related discussion; see, at least, paragraphs 0169-0172 which disclose the DC power storage component 1040 being configured as a means for “storing at least a first portion of the radio frequency power of the signal as DC power at the first device.” See also, Fig. 2, paragraphs 0091-0092 which further highlight the respective energy harvesting and subsequent utilization of energy stored within battery 225); and a processor configured to control an operation of receiving the power supplying signal (Fig. 7, power management module 20 of energy harvesting circuit 705 and its related discussion; see, at least, paragraphs 0148-0149, etc. which show and discuss the respective power management module implemented within the energy harvesting circuit, as shown within Fig. 2 as energy harvesting circuit 220, which is configured to direct the radio frequency input from the received signal 235. That is, figure 7 shows, in greater detail, the respective components of the energy harvesting circuit of figure 2), wherein the processor is configured to control the operation of receiving the power supplying signal that includes a signal used for energy harvesting and a data signal (Fig. 2, signal 235 with RF power 240 supplied to energy harvesting circuit 220 as shown, and its related discussion; see, at least, paragraphs 0044, 0091-0092, etc. which disclose signals 235 are transmitted “with a determined radio frequency power 240… the energy harvesting circuit 220 may receive the radio frequency power 240…” and a portion of the signal 235 is also decoded via signal decoding circuit 215, in addition to a portion of signal 235 being harvested via energy harvesting circuit 220. It is further noted that the claim language “used for energy harvesting and a data signal” is merely directed towards intended use, and fails to further limit the respective structure), the processor is configured to control the operation of receiving the signal used for the energy harvesting that has a same physical structure in a plurality of cells (see, at least, paragraphs 0056-0060, etc. which disclose the devices and various base stations 105 communicate with one another over one or more carriers, wherein the term carrier refers to a set of RF spectrum resources having a defined physical layer structure for supporting the communication, including a bandwidth part that is operated according to a given radio access technology, such as LTE, LTE-A, etc. Furthermore, it should be noted that limitations directed towards the respective structure of an external signal to be received are considered moot as they do not appear to further limit the structural requirements of the claimed terminal apparatus. See the 112 rejections above), and the receiver is configured to receive the data signal via a Physical Downlink Shared Channel (PDSCH) (Figs. 10, signal receiver 1030 of device 1005 and their related discussion; see, at least, paragraph 0171 which discloses the signal receiver 1030, of the communications manager 1020, is “configured as or otherwise support a means for receiving, from the second device, a signal having a radio frequency power…” See also, Fig. 2, paragraphs 0091-0092, etc. which provide further support for device 205-a receiving a power supplying signal, signal 235 with RF power 240, from another device, 205-b. See also paragraph 0064 which states “Physical channels may be multiplexed on a carrier according to various techniques. A physical control channel and a physical data channel may be multiplexed on a downlink carrier…” thereby establishing downlink communication is occurring. That is, Elshafie discloses transmission of signal via physical channels, including multiplexing of a physical control channel and a physical downlink channel on a downlink carrier. This teaches communication of data to a terminal via a physical downlink channel and requires a received configured to receive such signals. It is well understood in the art and official notice is taken) that, in standardized cellular communication systems, downlink data is transmitted using shared physical downlink channels, such as a Physical Downlink Shared Channel (PDSCH). Accordingly, configuring the receiver to receive data via a PDSCH represents a routine and predictable implementation of the disclosed physical downlink channel. See the 112 rejections above). While Elshafie discloses another device may be in the form of a base station, a device, or any other device described within Fig. 1 (see, at least, paragraph 0091), Elshafie fails to teach the “another device includes a base station and another terminal”.
However, Wanstedt et al. discloses another device includes a base station and another terminal (Fig. 1, base station 10 with UE 12, and their related discussion; see, at least, paragraphs 0026-0030 which disclose the base station 10 pairs with a charging UE 12 to supply a power supplying signal to a requesting terminal. Furthermore, it should be noted that the respective structural components of “another device,” which are external to the terminal as claimed appear to be moot as said claim is explicitly directed towards the apparatus of the terminal.). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Elshafie to realize another device as including a base station and another terminal, as taught within Wanstedt, to establish a flexible and convenient environment capable of enabling opportunistic energy and information sharing within a mobile environment.
Regarding Claim 2:
Modified Elshafie teaches the limitations of the preceding claim 1. Modified Elshafie, in further view of Elshafie, discloses wherein the data signal includes a signal in a cell to which the terminal belongs and a signal in another cell, or a signal directed to the terminal and a signal directed to a device other than the terminal (see, at least, paragraphs 0065-0069, etc. which disclose the respective communication coverage of the associated base station may be via one or more cells, for example a macro cell, a small cell, a hot spot, or other types of cells, or any combination thereof, and may be associated with the base station, e.g., the cell to which the terminal belongs, and an identifier for distinguishing neighboring cells, e.g., a signal in another cell. Furthermore, it should be noted that limitations directed towards the respective contents/structure of an external signal to be received are considered moot as they do not appear to further limit the structural requirements of the claimed terminal apparatus).
Regarding Claim 4:
Modified Elshafie teaches the limitations of the preceding claim 1. Modified Elshafie, in further view of Elshafie, discloses wherein a coverage according to the signal used for the energy harvesting is different from a coverage of the data signal (see, at least, paragraphs 0065-0069, etc. which disclose the respective coverage area for the signals provided by each base station may vary in size dependent upon various factors such as the capabilities of the respective base station. Furthermore, it should be noted that limitations directed towards the respective coverage/structure of an external signal to be received are considered moot as they do not appear to further limit the structural requirements of the claimed terminal apparatus).
Regarding Claim 5:
Modified Elshafie teaches the limitations of the preceding claim 1. While Elshafie is relied upon to teach the respective processor of the combination of Modified Elshafie, the teachings with respect to the processor of Elshafie fail to teach wherein the processor controls the operation, based on information indicating whether the power supplying signal is to be transmitted.
However, Wanstedt et al. discloses wherein the processor controls the operation, based on information indicating whether the power supplying signal is to be transmitted (Figs. 5-6, controller 28 of receiver 14, steps S21-S23, and their related discussion; see, at least, paragraphs 0034-0035, etc. which disclose receiving a response to a request to receive a power supplying signal, and via controller 28, process the signaling messages to thereby initiate and perform wireless charging as described. That is, based on a received signal providing authorization, e.g., information indicating whether the power supplying signal is to be transmitted, the controller 28 will subsequently facilitate the power reception and charging process). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Elshafie to control the operation of receiving the power supplying signal based on information indicating whether the power supplying signal is to be transmitted, as taught within Wanstedt, to optimize power management, reduce unnecessary energy consumption, and further synchronize harvesting operations, thereby improving overall efficiency of the system.
Regarding Claim 6:
Elshafie et al. discloses a communication method performed by a terminal (Figs. 1-2 and 10, device 103 also shown as device 205-a in Fig. 2, as well as being shown in greater detail as device 1005 in Fig. 10, and its related discussion), the communication method comprising: receiving a power supplying signal from another device (Figs. 10, signal receiver 1030 of device 1005 and their related discussion; see, at least, paragraph 0171 which discloses the signal receiver 1030, of the communications manager 1020, is “configured as or otherwise support a means for receiving, from the second device, a signal having a radio frequency power…” See also, Fig. 2, paragraphs 0091-0092, etc. which provide further support for device 205-a receiving a power supplying signal, signal 235 with RF power 240, from another device, 205-b) and receiving power supply (Fig. 10, radio frequency power converter 1035 with DC power storage component 1040, and their related discussion; see, at least, paragraphs 0169-0172 which disclose the DC power storage component 1040 being configured as a means for “storing at least a first portion of the radio frequency power of the signal as DC power at the first device.” See also, Fig. 2, paragraphs 0091-0092 which further highlight the respective energy harvesting and subsequent utilization of energy stored within battery 225); and controlling an operation of receiving the power supplying signal (Fig. 7, power management module 20 of energy harvesting circuit 705 and its related discussion; see, at least, paragraphs 0148-0149, etc. which show and discuss the respective power management module implemented within the energy harvesting circuit, as shown within Fig. 2 as energy harvesting circuit 220, which is configured to direct the radio frequency input from the received signal 235. That is, figure 7 shows, in greater detail, the respective components of the energy harvesting circuit of figure 2), wherein the receiving of the power supplying signal includes receiving a signal used for energy harvesting and a data signal (Fig. 2, signal 235 with RF power 240 supplied to energy harvesting circuit 220 as shown, and its related discussion; see, at least, paragraphs 0044, 0091-0092, etc. which disclose signals 235 are transmitted “with a determined radio frequency power 240… the energy harvesting circuit 220 may receive the radio frequency power 240…” and a portion of the signal 235 is also decoded via signal decoding circuit 215, in addition to a portion of signal 235 being harvested via energy harvesting circuit 220), the receiving of the signal used for the energy harvesting includes receiving the signal used for the energy harvesting that has a same physical structure in a plurality of cells (see, at least, paragraphs 0056-0060, etc. which disclose the devices and various base stations 105 communicate with one another over one or more carriers, wherein the term carrier refers to a set of RF spectrum resources having a defined physical layer structure for supporting the communication, including a bandwidth part that is operated according to a given radio access technology, such as LTE, LTE-A, etc. Furthermore, it should be noted that limitations directed towards the respective structure of an external signal to be received are considered moot as they do not appear to further limit the structural requirements of the claimed terminal apparatus. See the 112 rejections above), and the data signal is received via a Physical Downlink Shared Channel (PDSCH) (Figs. 10, signal receiver 1030 of device 1005 and their related discussion; see, at least, paragraph 0171 which discloses the signal receiver 1030, of the communications manager 1020, is “configured as or otherwise support a means for receiving, from the second device, a signal having a radio frequency power…” See also, Fig. 2, paragraphs 0091-0092, etc. which provide further support for device 205-a receiving a power supplying signal, signal 235 with RF power 240, from another device, 205-b. See also paragraph 0064 which states “Physical channels may be multiplexed on a carrier according to various techniques. A physical control channel and a physical data channel may be multiplexed on a downlink carrier…” thereby establishing downlink communication is occurring. That is, Elshafie discloses transmission of signal via physical channels, including multiplexing of a physical control channel and a physical downlink channel on a downlink carrier. This teaches communication of data to a terminal via a physical downlink channel and requires a received configured to receive such signals. It is well understood in the art and official notice is taken) that, in standardized cellular communication systems, downlink data is transmitted using shared physical downlink channels, such as a Physical Downlink Shared Channel (PDSCH). Accordingly, configuring the receiver to receive data via a PDSCH represents a routine and predictable implementation of the disclosed physical downlink channel. See the 112 rejections above). While Elshafie discloses another device may be in the form of a base station, a device, or any other device described within Fig. 1 (see, at least, paragraph 0091), Elshafie fails to teach the “another device includes a base station and another terminal”.
However, Wanstedt et al. discloses another device includes a base station and another terminal (Fig. 1, base station 10 with UE 12, and their related discussion; see, at least, paragraphs 0026-0030 which disclose the base station 10 pairs with a charging UE 12 to supply a power supplying signal to a requesting terminal. Furthermore, it should be noted that the respective structural components of “another device,” which are external to the terminal as claimed appear to be moot as said claim is explicitly directed towards the apparatus of the terminal.). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Elshafie to realize another device as including a base station and another terminal, as taught within Wanstedt, to establish a flexible and convenient environment capable of enabling opportunistic energy and information sharing within a mobile environment.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH N INGE whose telephone number is (571)270-7705. The examiner can normally be reached 10:00-4:00 EST.
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/JOSEPH N INGE/Examiner, Art Unit 2836