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
Applicant’s amendment filed on July 10, 2026 has been entered. Claims 1 and 15 have been amended. Claims 21-56 were previously canceled. No claims have been added. Claims 1-20 are still pending in this application, with claims 1 and 15 being independent.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Del Carpio Vega et al. (U.S. PGPub 2017/0347321), hereinafter referred to as Del Carpio Vega.
Regarding claim 1, Del Carpio Vega discloses a method performed by a wireless device (first radio capable device - the radio capable devices, also known as Stations (STA), user equipments and/or a wireless terminals; See Fig. 1, #10 and [0028]), the method being for handling a configuration of thresholds, the wireless device having a capability of harvesting energy (The first radio capable device 10 is of the first type with an energy harvesting capacity; See [0033]), the wireless device operating in a wireless communications network, the method comprising:
- determining a configuration of one or more thresholds (The first radio capable device 10 is of the first type with an energy harvesting capacity or an energy harvesting capacity with a battery capacity below or equal a threshold, and the second radio capable device is of the second type with a non-energy harvesting capacity or an energy harvesting capacity with a battery capacity above the threshold. The threshold may be defined by a storage time of energy in a power source of the first radio capable device 10 and/or an energy amount of a power source of the first radio capable device 10; See [0033]), the one or more thresholds being based at least on a level of energy stored at the wireless device (The threshold may be defined by an energy amount of a power source of the first radio capable device 10; See [0033]) and based on one or more conditions associated with the harvesting of the energy at the wireless device (The threshold may be defined by a storage time of energy in a power source of the first radio capable device 10; See [0033]).
Regarding claim 2, Del Carpio Vega further discloses the method according to claim 1, wherein the one or more conditions comprise:
- a value of another of the one or more thresholds (The threshold may be defined by a storage time of energy in a power source of the first radio capable device 10; See [0033]).
Regarding claim 3, Del Carpio Vega further discloses the method according to claim 1,further comprising:
- determining a profile of parameters for energy harvesting (The first radio capable device 10 is of the first type with an energy harvesting capacity or an energy harvesting capacity with a battery capacity below or equal a threshold, and the second radio capable device is of the second type with a non-energy harvesting capacity or an energy harvesting capacity with a battery capacity above the threshold. The threshold may be defined by a storage time of energy in a power source of the first radio capable device 10 and/or an energy amount of a power source of the first radio capable device 10; See [0033]), and wherein the one or more conditions are based on the determined profile (The threshold may be defined by an energy amount of a power source of the first radio capable device 10; See [0033]), wherein the parameters are based on at least one of:
i. one or more first parameters determined autonomously by the wireless device (an energy amount of a power source of the first radio capable device 10; See [0033]),
ii. one or more second parameters received from a network node operating in the wireless communications network, and
iii. one or more first indications received from the network node, the one or more first indications indicating a function to derive one or more third parameters.
Regarding claim 4, Del Carpio Vega further discloses the method according to claim 3, wherein the parameters in the profile comprise at least one of:
- a rate of harvesting of the energy or harvesting rate,
- harvesting source type,
- energy storage capacity, and
- remaining energy (an energy amount of a power source of the first radio capable device 10; See [0033]).
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.
Claims 5-8 and 10-14 are rejected under 35 U.S.C. 103 as being unpatentable over Del Carpio Vega as applied to claim 1 above, and further in view of Butt et al. (U.S. PGPub 2022/0346022), hereinafter referred to as Butt.
Regarding claim 5, Del Carpio Vega further teaches the method according to claim 1, wherein the one or more conditions comprise a relationship between a current energy level parameter of the wireless device (The threshold may be defined by a an energy amount of a power source of the first radio capable device 10; See [0033]), a time parameter (The threshold may be defined by a storage time of energy in a power source of the first radio capable device 10; See [0033]), and a harvesting rate parameter of the wireless device, with respect to a power parameter (with respect to a battery; See [0033]), but fails to teach the relationship with regards to the harvest rate parameter of the wireless device.
Butt teaches wherein the one or more conditions comprise a relationship between a current energy level parameter of the wireless device, a time parameter, and a harvesting rate parameter of the wireless device, with respect to a power parameter (The apparatus monitors, in block 302, a current charge level of the rechargeable energy storage device of the terminal device and a current energy harvesting state of the energy harvesting device of the terminal device. The energy harvesting device may be defined to have, at a time, one of two possible mutually exclusive energy harvesting states: a first energy harvesting state corresponding to an ‘ON’ state and a second energy harvesting state corresponding to an ‘OFF’ state. If the terminal device is in the first energy harvesting state, energy is harvested to the rechargeable energy storage device (i.e., the current charge level is increasing) while, if the terminal device is in the second energy harvesting state, no energy is harvested to the rechargeable energy storage device (i.e., the current charge level is decreasing or staying constant), that is, no energy is captured by the energy harvesting device or the energy captured by it is used fully for the operation of the terminal device so that nothing is left over for storing. The apparatus may monitor, in addition to or alternative to the current energy harvesting state, the amount of energy captured by the energy harvesting device (i.e., the energy harvesting rate); See [0054]-[0055]).
Therefore it would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the invention, to modify the method of Del Carpio Vega to include the relationship with regards to the harvest rate parameter taught by Butt in order to monitor both battery charge level and energy-harvesting state, then switch the terminal device among three power-aware operating modes.
Regarding claim 6, Del Carpio Vega further teaches the method according to claim 5, wherein at least one power parameter is determined based on at least one of:
- one of the other parameters (The threshold may be defined by a an energy amount of a power source of the first radio capable device 10; See [0033]) and
- each other.
Regarding claim 7, Del Carpio Vega fails to teach the method according to claim 3, further comprising: receiving, from the network node, at least one of: the one or more first indications and the one or more second parameters.
Butt teaches receiving, from the network node, at least one of: the one or more first indications and the one or more second parameters (it is assumed that the application server decides that the terminal device should switch its operating mode (i.e., uplink or downlink data transmission for the terminal device should be enabled or disabled) and thus transmits, in message 605, a request (i.e., a control message) for switching the operating mode (i.e., for enabling or disabling uplink or downlink transmissions for the terminal device) to the access node. For example, if downlink transmissions by the access node are to be disabled, the access node stops downlink transmissions (and possibly buffers them instead) until new information on the current charge level and the current energy harvesting state (implying a need for switching operating modes) is received. The access node transmits, in message 606, a corresponding request (i.e., a control message) to the terminal device, wherein enabling or disabling transmissions is interpreted as the information; See [0098]).
Therefore it would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the invention, to modify the method of Del Carpio Vega to include receiving, from the network node, at least one of: the one or more first indications and the one or more second parameters taught by Butt in order to monitor both battery charge level and energy-harvesting state, then switch the terminal device among three power-aware operating modes.
Regarding claim 8, Del Carpio Vega fails to teach the method according to claim 3, further comprising: sending a second indication to the network node, the second indication indicating the determined profile.
Butt teaches sending a second indication to the network node, the second indication indicating the determined profile (The terminal device transmits, in message 602, information on current charge level and the current energy harvesting state as a control message to the access node; See [0097]).
Therefore it would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the invention, to modify the method of Del Carpio Vega to include receiving, from the network node, at least one of: the one or more first indications and the one or more second parameters taught by Butt in order to monitor both battery charge level and energy-harvesting state, then switch the terminal device among three power-aware operating modes.
Regarding claim 10, Del Carpio Vega fails to teach the method according to claim 1, further comprising: - sending a third indication to a network node operating in the wireless communications network, the third indication indicating the determined configuration.
Butt teaches sending a third indication to a network node operating in the wireless communications network, the third indication indicating the determined configuration (The terminal device transmits, in message 602, information on current charge level and the current energy harvesting state as a control message to the access node; See [0097]).
Therefore it would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the invention, to modify the method of Del Carpio Vega to include sending a third indication to a network node operating in the wireless communications network, the third indication indicating the determined configuration taught by Butt in order to monitor both battery charge level and energy-harvesting state, then switch the terminal device among three power-aware operating modes.
Regarding claim 11, Del Carpio Vega fails to teach the method according to claim 1, wherein the one or more thresholds comprise at least one of:- an enabling threshold of at least one of: a Quality of Service, QoS,-Flow, a Data Radio Bearer, DRB, a service, and a QoS service, - a disabling threshold of at least one of: the QoS-Flow, the DRB, the service, and the QoS service, - an enter enabling threshold of at least one of: the QoS-Flow, the DRB, the service, and the QoS service, - an enter disabling threshold of at least one of: the QoS-Flow, the DRB, the service, and the QoS service, - a transmission enabling threshold, - a transmission enabling enter threshold, - a transmission enabling leave threshold, - a transmission disabling threshold, - a transmission disabling enter threshold, - a transmission disabling leave threshold, - an energy warning enter threshold, and - an energy warning leave threshold.
Butt teaches a transmission enabling threshold (When the current energy harvesting state corresponds to the second energy harvesting state in block 303 and further the current charge level is equal to or lower than the first threshold in block 305 but higher than the second threshold in block 306, the apparatus operates, in block 307, the terminal device in a second operating mode. The operation in the second operating mode is illustrated in FIG. 3C. The second operating mode comprises at least functions of: receiving downlink data from said at least one access node (block 321), performing sensing using said at least one sensor (block 322) and disabling uplink data transmission (block 323); See [0060]), and a transmission disabling threshold (When the current energy harvesting state corresponds to the second energy harvesting state in block 303 and further the current charge level is equal to or lower than the first threshold in block 305 but higher than the second threshold in block 306, the apparatus operates, in block 307, the terminal device in a second operating mode. The operation in the second operating mode is illustrated in FIG. 3C. The second operating mode comprises at least functions of: receiving downlink data from said at least one access node (block 321), performing sensing using said at least one sensor (block 322) and disabling uplink data transmission (block 323); See [0060]).
Therefore it would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the invention, to modify the method of Del Carpio Vega to include wherein the one or more thresholds comprise at least one of: a transmission enabling threshold and transmission disabling threshold taught by Butt in order to monitor both battery charge level and energy-harvesting state, then switch the terminal device among three power-aware operating modes.
Regarding claim 12, Del Carpio Vega fails to teach the method according to claim 11, wherein the at least one of the one or more thresholds is for one of: a) data transmission between the wireless communications network and the wireless device, and b) wireless communication between the wireless communications network and the wireless device.
Butt teaches the method according to claim 11, wherein the at least one of the one or more thresholds is for one of: a) data transmission between the wireless communications network and the wireless device, and b) wireless communication between the wireless communications network and the wireless device (When the current energy harvesting state corresponds to the second energy harvesting state in block 303 and further the current charge level is equal to or lower than the first threshold in block 305 but higher than the second threshold in block 306, the apparatus operates, in block 307, the terminal device in a second operating mode. The operation in the second operating mode is illustrated in FIG. 3C. The second operating mode comprises at least functions of: receiving downlink data from said at least one access node (block 321), performing sensing using said at least one sensor (block 322) and disabling uplink data transmission (block 323); See [0060]).
Therefore it would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the invention, to modify the method of Del Carpio Vega to include wherein the at least one of the one or more thresholds is for one of: a) data transmission between the wireless communications network and the wireless device, and b) wireless communication between the wireless communications network and the wireless device taught by Butt in order to monitor both battery charge level and energy-harvesting state, then switch the terminal device among three power-aware operating modes.
Regarding claim 13, Del Carpio Vega fails to teach the method according to claim 1, further comprising:- initiating applying the determined configuration.
Butt teaches initiating applying the determined configuration (the apparatus may initially maintain, in block 301, in a memory of the apparatus, configuration information defining first and second thresholds for a charge level of the rechargeable energy storage device; See [0052]).
Therefore it would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the invention, to modify the method of Del Carpio Vega to include initiating applying the determined configuration taught by Butt in order to monitor both battery charge level and energy-harvesting state, then switch the terminal device among three power-aware operating modes.
Regarding claim 14, Del Carpio Vega fails to teach the method according to claim 8, wherein the wireless device is configured by the network node with at least one of: periodic, semi-static or aperiodic reporting, and wherein the sending of at least one of the second indication and the third indication is performed based on the configured reporting.
Butt teaches wherein the wireless device is configured by the network node with at least one of: periodic, semi-static or aperiodic reporting, and wherein the sending of at least one of the second indication and the third indication is performed based on the configured reporting (the terminal device may be configured to perform such transmissions periodically or regularly, regardless of the current operating mode; See [0097]).
Therefore it would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the invention, to modify the method of Del Carpio Vega to include wherein the wireless device is configured by the network node with at least one of: periodic, semi-static or aperiodic reporting, and wherein the sending of at least one of the second indication and the third indication is performed based on the configured reporting taught by Butt in order to monitor both battery charge level and energy-harvesting state, then switch the terminal device among three power-aware operating modes.
Claims 15 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Del Carpio Vega in view of Butt.
Regarding claim 15, Del Carpio Vega teaches the method being for handling a configuration of thresholds (The first radio capable device 10 is of the first type with an energy harvesting capacity or an energy harvesting capacity with a battery capacity below or equal a threshold, and the second radio capable device is of the second type with a non-energy harvesting capacity or an energy harvesting capacity with a battery capacity above the threshold. The threshold may be defined by a storage time of energy in a power source of the first radio capable device 10 and/or an energy amount of a power source of the first radio capable device 10; See [0033]), the wireless device having a capability of harvesting energy (The first radio capable device 10 is of the first type with an energy harvesting capacity; See [0033]), the configuration being of one or more thresholds (The first radio capable device 10 is of the first type with an energy harvesting capacity or an energy harvesting capacity with a battery capacity below or equal a threshold, and the second radio capable device is of the second type with a non-energy harvesting capacity or an energy harvesting capacity with a battery capacity above the threshold. The threshold may be defined by a storage time of energy in a power source of the first radio capable device 10 and/or an energy amount of a power source of the first radio capable device 10; See [0033]), the one or more thresholds being based at least on a level of energy stored at the wireless device (The threshold may be defined by an energy amount of a power source of the first radio capable device 10; See [0033]) and based on one or more conditions associated with the harvesting of the energy at the wireless device (The threshold may be defined by a storage time of energy in a power source of the first radio capable device 10; See [0033]).
While Del Carpio Vega teaches a a network node (access point 12; See Fig. 1, #12 and [0027]) in communication with the wireless device (See Fig. 1), it fails to explicitly teach the network node operating in a wireless communications network, the method comprising: receiving a third indication from a wireless device operating in the wireless communications network, the third indication indicating a configuration determined by the wireless device.
Butt teaches the concept receiving a third indication from a wireless device operating in the wireless communications network (The terminal device transmits, in message 602, information on current charge level and the current energy harvesting state as a control message to the access node; See [0097]), the third indication indicating a configuration determined by the wireless device (The terminal device transmits, in message 602, information on current charge level and the current energy harvesting state as a control message to the access node; See [0097]).
Therefore it would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the invention, to modify the method of Del Carpio Vega to include the network node operating in a wireless communications network, the method comprising: receiving a third indication from a wireless device operating in the wireless communications network, the third indication indicating a configuration determined by the wireless device taught by Butt in order to monitor both battery charge level and energy-harvesting state, then switch the terminal device among three power-aware operating modes.
Regarding claim 18, Del Carpio Vega further teaches the method according to claim 15, wherein the one or more conditions comprise:
- a value of another of the one or more thresholds (The threshold may be defined by a storage time of energy in a power source of the first radio capable device 10; See [0033]).
Regarding claim 19, Del Carpio Vega further teaches the method according to claim 15, further comprising:
- determining at least one of: a) one or more first indications and b) one or more second parameters for energy harvesting of the wireless device (The first radio capable device 10 is of the first type with an energy harvesting capacity or an energy harvesting capacity with a battery capacity below or equal a threshold, and the second radio capable device is of the second type with a non-energy harvesting capacity or an energy harvesting capacity with a battery capacity above the threshold. The threshold may be defined by a storage time of energy in a power source of the first radio capable device 10 and/or an energy amount of a power source of the first radio capable device 10; See [0033]), the one or more first indications indicating a function to derive one or more third parameters.
Regarding claim 20, Del Carpio Vega further teaches the method according to claim 19, at least one of the second parameters and the one or more third parameters comprise at least one of:
- a rate of harvesting of the energy or harvesting rate,
- harvesting source type,
- energy storage capacity, and
- remaining energy (an energy amount of a power source of the first radio capable device 10; See [0033]).
Claims 9 and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Del Carpio Vega as applied to claim 1 above, and further in view of Li et al. (U.S. PGPub 2014/0011543), hereinafter referred to as Li.
Regarding claim 9, Del Carpio Vega fails to teach the method according to claim 1, wherein a first condition of the one or more conditions is a time window having expired.
wherein a first condition of the one or more conditions is a time window having expired (After a BS is turned ON, it turns OFF after its timer expires or turns OFF if the BS exhausts out of energy, whichever condition occurs first. After the BS turns itself OFF, the load is handled by the new BSs that wake up from the cluster; See [0128]).
Therefore it would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the invention, to modify the method of Del Carpio Vega to include wherein a first condition of the one or more conditions is a time window having expired taught by Li in order to optimize energy consumption and battery usage.
Regarding claim 16, Del Carpio Vega fails to teach the method according to claim 15, further comprising: - determining the configuration of the one or more thresholds used by the wireless device, based on received third configuration.
Li teaches determining the configuration of the one or more thresholds used by the wireless device, based on received third configuration (The serving BS 401 receives the mobile station battery level information and RF chain capability information. BS 401a decides 2920 the transmission scheme for BS 401a and decides a receiving scheme for MS 300 based on the battery level of the mobile station and the battery level of the base station (for example, energy level stored in the energy storage module 630), wherein the threshold information is received in the message 2910 received prior; See [0239]-[0240]).
Therefore it would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the invention, to modify the method of Del Carpio Vega to include determining the configuration of the one or more thresholds used by the wireless device, based on received third configuration taught by Li in order to optimize energy consumption and battery usage.
Regarding claim 17, Del Carpio Vega fails to teach the method according to claim 16, further comprising: - initiating applying the determined configuration.
Li teaches initiating applying the determined configuration (The serving BS 401 receives the mobile station battery level information and RF chain capability information. BS 401a decides 2920 the transmission scheme for BS 401a and decides a receiving scheme for MS 300 based on the battery level of the mobile station and the battery level of the base station (for example, energy level stored in the energy storage module 630), wherein the threshold information is received in the message 2910 received prior; See [0239]-[0240]).
Therefore it would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the invention, to modify the method of Del Carpio Vega to include initiating applying the determined configuration taught by Li in order to optimize energy consumption and battery usage.
Response to Arguments
Applicant’s arguments with respect to claims 1 and 15 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
On pages 7-9 of the Applicants’ Response, Applicants state that Butt et al. (U.S. PGPub 2022/0346022), hereinafter referred to as Butt fails to teach the threshold are based on both the level of energy stored at the wireless device AND based on one or more conditions associated with the harvesting of the energy of at the wireless device. Additionally Applicants state that Butt in view of Li et al. (U.S. PGPub 2014/0011543), hereinafter referred to as Li fails to teach the same limitation.
Examiner agrees and has thus introduced Del Carpio Vega et al. (U.S. PGPub 2017/0347321), hereinafter referred to as Del Carpio Vega which teaches determining a configuration of one or more thresholds (The first radio capable device 10 is of the first type with an energy harvesting capacity or an energy harvesting capacity with a battery capacity below or equal a threshold, and the second radio capable device is of the second type with a non-energy harvesting capacity or an energy harvesting capacity with a battery capacity above the threshold. The threshold may be defined by a storage time of energy in a power source of the first radio capable device 10 and/or an energy amount of a power source of the first radio capable device 10; See [0033]), the one or more thresholds being based at least on a level of energy stored at the wireless device (The threshold may be defined by an energy amount of a power source of the first radio capable device 10; See [0033]) and based on one or more conditions associated with the harvesting of the energy at the wireless device (The threshold may be defined by a storage time of energy in a power source of the first radio capable device 10; See [0033]).
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.
Conclusion
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/ASHLEY SHIVERS/Primary Examiner, Art Unit 2477 9/1/2026
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