DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of the Application
2. Pursuant to a pre-examination amendment filed July 2, 2024, claims 1-8 and 12-23 are pending in the application. The applicant has cancelled claims 9-11, The applicant has amended claims 1-8 and 12-23.
Claim Rejections - 35 USC § 112
3. 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.
Claim 15 is 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.
In particular, claim 15 recites the limitation, “wherein the known backscatter link characteristic comprises the antenna gain of the passive device.” There is insufficient antecedent basis for this limitation in the claim. The antecedent of the definite limitation, “the known backscatter link characteristic” is the recitation in claim 13, from which claim 15 depends, of the limitation, “at least one known backscatter link characteristic,” which is an indefinite construction. Claim 15 recites this indefinite construction twice, once in connection with “a first coefficient” and once in connection with “a second coefficient.” Because claim 15 recites the indefinite limitation twice, each instance of the recitation of, “at least one known backscatter link characteristic” is independent. Therefore, the recitation in claim 15 of, “the one known backscatter link characteristic” could refer either to “at least one known backscatter link characteristic” associated in claim 13 with “a first coefficient” or to “at least one known backscatter link characteristic” associated in claim 13 with “a second coefficient.” Because this limitation could have two independent antecedents, this limitation is indefinite.
Claim 17 is 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.
In particular, clam 17 is rejected for reasons similar to the reasons for the rejection of claim 15.
Allowable Subject Matter
4. Claims 15 and 17 are objected to as being rejected under Section 112 but would be allowable if the Section 112 rejections were avoided without materially changing the scope of the claims.
Claims 1 and 21 and claims 2-8, 12-14, 16, 18-20, and 22-23, which depend from one of claims 1 and 21, are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 1 and claims 2-8, 12-14, 16, and 18-20, which depend from claim 1, the prior art does not disclose, teach, or suggest an apparatus, as recited by the claims, comprising:
a processor that causes an apparatus to:
receive a proximity pathloss threshold from a network, wherein a pathloss between a passive device and a user equipment connected to the apparatus is less than the proximity pathloss threshold;
receive, from the user equipment, at least one measurement associated with the user equipment;
determine a backscatter link beam direction, based at least on the at least one measurement associated with the user equipment; and
determine an illumination power of an illumination transmission to the passive device, based at least on the proximity pathloss threshold.
Regarding claim 21 and claims 22 and 23, which depend from claim 21, the prior art does not disclose, teach, or suggest an apparatus, as recited by the claims, comprising:
a method comprising:
performing a first illumination transmission to a passive device at a first scheduled time with a first illumination power;
performing a second illumination transmission to the passive device at a second scheduled time with a second illumination power;
wherein the second illumination power is greater than the first illumination power.
Conclusion
5. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN F MORTELL whose telephone number is (571)270-1873. The examiner can normally be reached Monday - Friday 10-7 ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Davetta Goins can be reached at 571-272-2957. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOHN F MORTELL/Primary Examiner, Art Unit 2689
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