DETAILED ACTION
I. This office action is in response to the correspondence filed on August 5, 2024. Claims 1-20 are pending and being examined.
Notice of Pre-AIA or AIA Status
II. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Allowable Subject Matter
III. The following is a statement of reasons for the indication of allowable subject matter:
Claim 7 contains allowable subject matter because Patterson, Youn, Chemishkian and Zeine do not teach the switch having a first terminal coupled to the antenna and the power harvester, a second terminal coupled to the RFID chip and a third terminal coupled to ground such that the switch is configured to modify an impedance of the power harvester.
Claims 8-15 contain allowable subject matter based on their dependence on independent claim 7.
Claim 2 is objected to as being dependent upon a base claim rejected by the prior art, but may be allowable over the prior art if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 17 is objected to as being dependent upon a base claim rejected by the prior art, but may be allowable over the prior art if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 18 is objected to as being dependent upon a rejected base claim, but may be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
IV. Claims 1-3, 16-17, and 19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 17, 19, and 28-29 of U.S. Patent No. 11,791,912 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the 11,791,912 patent teach similar limitations on an antenna configured to wirelessly receive energy.
Claim Mapping:
Claim 1 of the instant application and claim 1 of U.S. Patent 11,791,912 is mapped below.
Instant Application
Patent No. 11,791,912
Claim 1. An apparatus, comprising: an antenna configured to wirelessly receive energy;
a power harvester electrically coupled to the antenna and configured to convert the energy received at the antenna to a direct-current (DC) voltage to produce a power associated with the DC voltage;
a radio-frequency identification (RFID) chip electrically coupled to the antenna; and circuitry electrically coupled to the antenna and the RFID chip, the circuitry configured to transform an input impedance of the RFID chip to an impedance that is closer to an impedance of the antenna than the input impedance of the RFID chip,
the circuitry including a switch and an impedance matching network, the switch having an input coupled to the antenna, a first output coupled to the power harvester, and a second output coupled to the impedance matching network.
Claim 17. An apparatus, comprising: an antenna configured to wirelessly receive energy and at least one of send data to or receive data from a source that is remote from the apparatus;
a power harvester electrically coupled to the antenna and configured to convert the energy received at the antenna to a direct-current (DC) voltage to produce a power associated with the DC voltage;
a radio-frequency identification (RFID) chip electrically coupled to the antenna and configured to at least one of send the data or receive the data, via the antenna; and circuitry electrically coupled to the antenna and the RFID chip, the circuitry configured to transform an input impedance of the RFID chip to an impedance that is closer to an impedance of the antenna than the input impedance of the RFID chip,
the circuitry including a switching network, a balun, and an impedance matching network, the switching network having an input coupled to the antenna, a first output coupled to the power harvester, and a second output coupled to the balun such that the impedance matching network is coupled to the second output via the balun.
Claim 2 is also rejected under obviousness-type double patenting by claim 17 of the 11,791,912 patent.
Claim 3 is also rejected under obviousness-type double patenting by claim 17 of the 11,791,912 patent.
Claim 16 is also rejected under obviousness-type double patenting by claims 19 and 28 of the 11,791,912 patent.
Claim 17 is also rejected under obviousness-type double patenting by claim 28 of the 11,791,912 patent.
Claim 19 is also rejected under obviousness-type double patenting by claim 29 of the 11,791,912 patent.
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.
V. Claims 16 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Patterson et al. (US 2016/0155040 A1) in view of Youn (US 2007/0046559 A1).
Regarding claim 16 Patterson teaches receiving, by an antenna, a wireless signal including energy and data from a transmitter that is remote from the antenna (see paragraphs [0025] & [0041] and Fig. 1, The antenna 120 receives incoming wireless signals. The antenna receives input from an external source. The voltage scavenging device derives energy from the external source. This reads on receiving, by an antenna, a wireless signal including energy and data from a transmitter that is remote from the antenna), a first portion of the energy provided to a power harvester electrically coupled to the antenna (see paragraph [0044] and Fig. 2, The captured RF energy is passed through the switch 250. The energy harvester converts the received RF energy into direct current (DC). This reads on ), a first portion of the energy provided to a power harvester electrically coupled to the antenna) and a second portion of energy provided to a radio-frequency identification (RFID) chip via circuitry electrically coupled to the antenna and the RFID chip and not via the power harvester (see paragraph [0041] and Fig. 2, The voltage scavenging device is configured to derive energy from an external source to power electronic components. Power is transferred from the antenna 120 to a transceiver 124 of the RFID tag. This reads on a second portion of energy provided to a radio-frequency identification (RFID) chip via circuitry electrically coupled to the antenna and the RFID chip and not via the power harvester).
Patterson does not teach transforming, using the circuitry, an input impedance of the RFID chip to an impendence that is closer to an impedance of the antenna than the input impedance of the RFID chip.
Youn teaches transforming, using the circuitry, an input impedance of the RFID chip to an impendence that is closer to an impedance of the antenna than the input impedance of the RFID chip (see paragraph [0012], The matching circuit would transform the Tag input impedance to the conjugate of the antenna impedance. This reads on transforming, using the circuitry, an input impedance of the RFID chip to an impendence that is closer to an impedance of the antenna than the input impedance of the RFID chip).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the circuitry in Patterson adapt to include transforming an input impedance of the RFID chip to an impedance that is closer to an impedance of the antenna than the input impedance of the RFID chip because it would allow for a more efficient RFID tag while maintaining desired system performance (see Youn, paragraphs [0007] – [0008] & [0012]).
Regarding claim 19 Patterson teaches a receiving at the RFID chip at least the second portion of the energy throughout an operational time period such that the RFID chip is operable throughout the operational time period (see paragraph [0041] and Fig. 2, The voltage scavenging device is configured to derive energy from an external source to power electronic components. Power is transferred from the antenna 120 to a transceiver 124 of the RFID tag. This reads receiving at the RFID chip at least the second portion of the energy throughout an operational time period such that the RFID chip is operable throughout the operational time period).
VI. Claims 1, 3, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Patterson et al. (US 2016/0155040 A1) in view of Youn (US 2007/0046559 A1) and Chemishkian et al. (US 2015/0256960 A1).
Regarding claim 1 Patterson teaches an apparatus, comprising: an antenna configured to wirelessly receive energy (see paragraph [0025] and Fig. 1, antenna 120 receiving incoming wireless signals reads on an antenna configured to wirelessly receive energy); a power harvester electrically coupled to the antenna and configured to convert the energy received at the antenna to a direct-current (DC) voltage to produce a power associated with the DC voltage (see paragraphs [0041] & [0044] and Fig. 1 & Fig. 2, A voltage scavenging device includes an energy harvester coupled to the antenna, the energy harvester converts the received RF energy into direct current (DC) for generating electric power. This reads on a power harvester electrically coupled to the antenna and configured to convert the energy received at the antenna to a direct-current (DC) voltage to produce a power associated with the DC voltage); a radio-frequency identification (RFID) chip electrically coupled to the antenna; and circuitry electrically coupled to the antenna and the RFID chip (see paragraph [0025] and Fig. 1, The RFID circuit is coupled to the antenna and this reads on a radio-frequency identification (RFID) chip electrically coupled to the antenna; and circuitry electrically coupled to the antenna and the RFID chip), the circuitry including a switch and an impedance matching network (see paragraphs [0041] & [0044] and Fig. 2, The voltage scavenging device includes matching circuits to impedance match the antenna to the RFID tag. The voltage scavenging device having a switch. This reads on the circuitry including a switch and an impedance matching network), the switch having an input coupled to the antenna and a first output coupled to the power harvester (see paragraph [0041] and Fig. 2, The voltage scavenging device comprises a switch 250. switch 250 has an input coupled to the antenna 120 and an output to an energy harvester. This reads on the switch having an input coupled to the antenna and a first output coupled to the power harvester).
Patterson does not specifically teach the circuitry configured to transform an input impedance of the RFID chip to an impedance that is closer to an impedance of the antenna than the input impedance of the RFID chip.
Youn teaches circuitry configured to transform an input impedance of the RFID chip to an impedance that is closer to an impedance of the antenna than the input impedance of the RFID chip (see paragraph [0012], The matching circuit would transform the Tag input impedance to the conjugate of the antenna impedance. This reads on configured to transform an input impedance of the RFID chip to an impedance that is closer to an impedance of the antenna than the input impedance of the RFID chip).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the circuitry in Patterson adapt to include transform an input impedance of the RFID chip to an impedance that is closer to an impedance of the antenna than the input impedance of the RFID chip because it would allow for a more efficient RFID tag while maintaining desired system performance (see Youn, paragraphs [0007] – [0008] & [0012]).
The Patterson and Youn combination do not teach the switch having an input coupled to the antenna, a first output coupled to the power harvester, and a second output coupled to the impedance matching network.
Chemishkian teaches the switch having an input coupled to the antenna, a first output coupled to the power harvester, and a second output coupled to the impedance matching network (see paragraph [0032] & [0033] and Fig. 1B, The switch 103 is coupled to antenna 101 for input, and having a first output coupled to an energy harvest/storage 104 via 102B, and having a second output coupled to impedance matching network 102A. This reads on the switch having an input coupled to the antenna, a first output coupled to the power harvester, and a second output coupled to the impedance matching network).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the switch in the Patterson and Youn combination adapt to include having an input coupled to the antenna, a first output coupled to the power harvester, and a second output coupled to the impedance matching network because such configuration can be implemented in the Patterson and Youn switch using known techniques and it would allow for an efficient mechanism for controlling energy received form the antenna.
Regarding claim 3 Patterson teaches the antenna is configured to at least one of send data to or receive data from a source that is remote from the apparatus, and the RFID chip is configured to at least one of send data or receive data, via the antenna (see paragraphs [0027] & [0030] and Fig. 1, Incoming wireless signals are received by the RFID tag via antenna. The incoming signals are received through the antenna and transmit circuitry is used to transmit unique identifier and/or other information through the antenna. This reads on the antenna is configured to at least one of send data to or receive data from a source that is remote from the apparatus, and the RFID chip is configured to at least one of send data or receive data, via the antenna).
Regarding claim 20 Patterson and Youn teach the method of claim 16 except for biasing the RFID chip by at least one of (1) energy harvested by power harvester during operation, (2) energy from a battery electrically coupled to the switch, or (3) energy from a capacitor electrically coupled to the switch.
Chemishkian teaches biasing the RFID chip by at least one of (1) energy harvested by power harvester during operation, (2) energy from a battery electrically coupled to the switch, or (3) energy from a capacitor electrically coupled to the switch (see paragraph [0067] and Fig. 2, A single power supply rail provides power from a power supply such as a battery or energy store to components of the sensor node. The power supply/storage is connected to the switch 103. This reads on biasing the RFID chip by at least one of (1) energy harvested by power harvester during operation, (2) energy from a battery electrically coupled to the switch, or (3) energy from a capacitor electrically coupled to the switch).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the Patterson and Youn combination adapt to include biasing the RFID chip by at least one of (1) energy harvested by power harvester during operation, (2) energy from a battery electrically coupled to the switch, or (3) energy from a capacitor electrically coupled to the switch because such mechanisms for supplying power in electronic circuitry is well known and can be incorporated into the Patterson and Youn combination using well-known techniques.
VII. Claims 4-6 are rejected under 35 U.S.C. 103 as being unpatentable over Patterson et al. (US 2016/0155040 A1) in view of Youn (US 2007/0046559 A1); Chemishkian et al. (US 2015/0256960 A1); and Zeine et al. (US 2018/0287418 A1, including 62/480,083, filed March 31, 2017).
Regarding claim 4 Patterson, Youn, and Chemishkian teach the apparatus of claim 1 including wherein the switch having a first configuration to select the first output and a second configured to select the second output (see Chemishkian, paragraph [0032] & [0033] and Fig. 1B, The switch 103 is coupled to antenna 101 for input, and having a first output coupled to an energy harvest/storage 104 via 102B, and having a second output coupled to impedance matching network 102A. This reads on wherein the switch having a first configuration to select the first output and a second configured to select the second output) and except for the switch is biased to the first configuration.
Zeine teaches a switch biased to a configuration (see claim 10, the switch is biased to connect to the active energy harvesting component when wireless power is received and this reads on a switch biased to a configuration).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the switch Patterson, Youn, and Chemishkian combination adapt to include being biased in the first configuration because such mechanisms for supplying power in electronic circuitry is well known and can be incorporated into the Patterson, Youn, and Chemishkian combination using well-known techniques.
Regarding claim 5 Patterson, Youn, and Chemishkian teach the apparatus of claim 1 including wherein the switch having a first configuration to select the first output and a second configured to select the second output (see Chemishkian, paragraph [0032] & [0033] and Fig. 1B, The switch 103 is coupled to antenna 101 for input, and having a first output coupled to an energy harvest/storage 104 via 102B, and having a second output coupled to impedance matching network 102A. This reads on wherein the switch having a first configuration to select the first output and a second configured to select the second output) and except for the switch is biased to the first configuration by at least one of (1) energy harvested by power harvester during operation, (2) energy from a battery electrically coupled to the switch, or (3) energy from a capacitor electrically coupled to the switch.
Zeine teaches the switch is biased to the first configuration by at least one of (1) energy harvested by power harvester during operation, (2) energy from a battery electrically coupled to the switch, or (3) energy from a capacitor electrically coupled to the switch (see claim 10, The switch is biased to connect to an active energy harvesting component when wireless power (energy harvested) from the wireless power transmission system is received. This reads on the switch is biased to the first configuration by at least one of (1) energy harvested by power harvester during operation, (2) energy from a battery electrically coupled to the switch, or (3) energy from a capacitor electrically coupled to the switch).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the switch Patterson, Youn, and Chemishkian combination adapt to include being biased to the first configuration by at least one of (1) energy harvested by power harvester during operation, (2) energy from a battery electrically coupled to the switch, or (3) energy from a capacitor electrically coupled to the switch because such mechanisms for supplying power in electronic circuitry is well known and can be incorporated into the Patterson, Youn, and Chemishkian combination using well-known techniques.
Regarding claim 6 Patterson, Youn, and Chemishkian teach the apparatus of claim 1 including wherein: the switch has a closed configuration and an open configuration (see Chemishkian, paragraph [0032] and Fig. 1B, The switch can be coupled to energy harvesting via circuit 102b. The switch can be coupled to the RF transmitter. This reads on the switch has a closed configuration and an open configuration); the switch configured to send at least a portion of energy from the antenna to the power harvester when the switch is in the closed configuration (see Chemishkian, paragraph [0033] and Fig. 1B, The switch can be coupled to energy harvesting via circuit 102b and this reads on the switch configured to send at least a portion of energy from the antenna to the power harvester when the switch is in the closed configuration), and the switch configured to send at least a portion of energy from the antenna to the RFID chip when the switch is in the open configuration (see Chemishkian, paragraph [0032] and Fig. 1B, The switch can be coupled to the RF transmitter. This reads on switch configured to send at least a portion of energy from the antenna to the RFID chip when the switch is in the open configuration) and except for the switch biased to the closed configuration.
Zeine teaches a switch biased to a configuration (see claim 10, the switch is biased to connect to the active energy harvesting component when wireless power is received and this reads on a switch biased to the closed configuration).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the switch Patterson, Youn, and Chemishkian combination adapt to include being biased in the closed configuration because such mechanisms for supplying power in electronic circuitry is well known and can be incorporated into the Patterson, Youn, and Chemishkian combination using well-known techniques.
Conclusion
IX. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Fortassin et al. Pub. No.: US 2018/0253634 A1 discloses security protected passive RFID device including an RFID device powered by an antenna (see paragraphs [0029] – [0030]).
Ramirez et al. Patent No.: US 10,038,248 B1 discloses Three-Dimensional RFID Tags including a balun used to transform a balanced port to the RFID chip to an unbalanced impedance (see col. 6, lines 39-45).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRANDON J MILLER whose telephone number is (571)272-7869. The examiner can normally be reached M-F.
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/BRANDON J MILLER/ Primary Examiner, Art Unit 2647
August 6, 2026
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