DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 1-11 and 15 are pending in Instant Application.
Priority
Examiner acknowledges Applicant’s claim to priority benefits of FINLAND 20235978 filed 09/01/2023.
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 8/27/2024 is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement(s) is/are being considered if signed and initialed by the Examiner.
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 obviousness-type 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); and 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 a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 1-2 & 10-111 are provisionally rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 10 and 14 of copending Application No.18809759. Although the conflicting claims are not identical, they are not patentably distinct from each other because the claims of the instant application is the same scope of the claims of copending Application No.18809759 by adding the well-known limitation as set forth below.
This is a provisional obviousness-type double patenting rejection because the conflicting claims have not in fact been patented.
Instant Application 18815227
Copending Application 18809759 (Patent Pending)
1. A device, wherein the device is an ambient internet of things device configured to wirelessly harvest energy from a radio transmission and communicate with an apparatus by backscattering the radio transmission, the device, comprising at least: an energy storage; at least one processor; and at least one memory storing instructions that, when executed by the at least one processor, cause the device at least to: receive a first radio transmission comprising instructions to decrease a radio reflection coefficient to increase wireless energy harvesting to the energy storage; decrease the radio reflection coefficient according to the received instructions to increase the wireless energy harvesting; detect that the energy storage is sufficiently charged with the wireless energy harvesting; and based on the detecting that the amount of energy in the energy storage is sufficient, increase the radio reflection coefficient to backscatter outgoing data.
2. The device of claim 1, wherein the instructions, when executed by the at least one processor, further cause the device at least to: detect that the energy storage has insufficient energy for continuing operation with the increased radio reflection coefficient, and responsively cause setting of the radio reflection coefficient to an intermediate value below the increased radio reflection coefficient and above the decreased radio reflection coefficient.
10. A device, wherein the device is an ambient internet of things device comprising: an energy storage, at least one processor; and at least one memory storing instructions that, when executed by the at least one processor, cause the device to: receive an initial radio transmission and cause an attempt to transfer data to an apparatus by backscattering the initial radio transmission; receive a first radio transmission comprising instructions to decrease a radio reflection coefficient to increase wireless energy harvesting; decrease the radio reflection coefficient according to the received instructions to increase wireless energy harvesting to the energy storage; receive a second radio transmission comprising instructions to increase the radio reflection coefficient to decrease wireless energy harvesting; and increase the radio reflection coefficient according to the received instructions and backscatter outgoing data with the increased radio reflection coefficient; detect an insufficient amount of energy in the energy storage for continued operation with the increased radio reflection coefficient; and responsively cause setting the radio reflection coefficient to an intermediate value below the increased radio reflection coefficient and above that for the temporarily decreasing of the radio reflection coefficient.
10. A method comprising: receiving, by a device, a first radio transmission comprising instructions to decrease a radio reflection coefficient to increase wireless energy harvesting to an energy storage; wherein the device is an ambient internet of things device comprising the energy storage; decreasing, by the device, the radio reflection coefficient according to received instructions to increase wireless energy harvesting; detecting, by the device, that the energy storage is sufficiently charged with the wireless energy harvesting; and based on the detecting that the energy storage is sufficient charged with the wireless energy harvesting, increasing, by the device, the radio reflection coefficient to backscatter outgoing data.
11. The method of claim 10, further comprising detecting, by the device, that the energy storage has insufficient energy for continuing operation with the increased radio reflection coefficient, and responsively causing, by the device, setting the radio reflection coefficient to an intermediate value below the increased radio reflection coefficient and above that for the decreasing of the radio reflection coefficient.
14. A method, comprising: by a device that is an ambient internet of things device, receiving an initial radio transmission and causing an attempt to transfer data to an apparatus by backscattering the initial radio transmission;receiving, by the device, a first radio transmission comprising instructions to decrease a radio reflection coefficient to increase wireless energy harvesting; decreasing, by the device, the radio reflection coefficient according to the received instructions to increase wireless energy harvesting to an energy storage of the device; receiving, by the device, a second radio transmission comprising instructions to increase the radio reflection coefficient to decrease wireless energy harvesting; increasing, by the device, the radio reflection coefficient according to the received instructions and backscattering, by the device, outgoing data with the increased radio reflection coefficient; detecting an insufficient amount of energy in the energy storage for continued operation with the increased radio reflection coefficient; and responsively causing setting the radio reflection coefficient to an intermediate value below the increased radio reflection coefficient and above that for the temporarily decreasing of the radio reflection coefficient.
Thus, in view of the above, it is clear that the conflicting claims are not patentably distinct from each other because claim 1-2 & 10-11 of the instant application merely broadens the scope of the claims 10 and 5 of copending Application No.18809759.
It has been held that the omission an element and its function is an obvious expedient if the remaining elements perform the same function as before. In re Karlson, 136 USPQ 184 (CCPA).
Also note Ex parte Rainu, 168 USPQ 375 (Bd.App.1969); omission of a reference element whose function is not needed would be obvious to one skilled in the art. Moreover, the doctrine of double patenting seeks to prevent the unjustified extension of patent exclusively beyond the term of a patent.
Claim Objections
Claim 15 is objected to because of the following informalities:
Claim 15 recites “A computer program stored on a non-transitory memory medium, comprising computer executable program instructions configured to: cause a device to perform the method of claim 10”. For clarification, it is suggested to add the limitations of claim 10 into claim 15.
Appropriate correction is required.
Notice re prior art available under both pre-AIA and AIA
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 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.
Claim Rejections - 35 USC § 102
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 3-5, 10 and 15 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Gupta et al. (US Pub. No.: 2023/0254886).
As per claim 1, Gupta disclose A device, wherein the device (see Fig. 1-3, 5, 8-9, a user equipment 115, 205-b, 205-d, 205-f, a device 805, see para. 0122, 0144) is an ambient internet of things device configured to wirelessly harvest energy from a radio transmission and communicate with an apparatus (see Fig. 1-3, 5, 9, a Base Station 105, 205-a, 205-c, 205-e, Fig.10, a base station see para. 0161-0164) by backscattering the radio transmission (see para. 0055, 0098-0099, 0103, 0105, techniques that make WPT operation (e.g., for WP-loT devices with energy storage) more efficient" and "Opportunistic EH may also be from other sources (e.g., ambient RF sources), "wireless device 205--a may transmit probing signal 210 to wireless device 205--b and wireless device 205--b may transmit backscattered energy 215 based on an energy state of wireless device 205-b, the device, comprising at least:
an energy storage (see Fig. 1-3, 5, 8-9, a user equipment 115, 205-b, 205-d, 205-f, UE with energy storage, see para. 0102-0103, WP-IoT devices (e.g., wireless device 205-b) may have energy storage capabilities (e.g., rechargeable batteries, supercapacitors));
at least one processor (see Fig.5, the device 505, a UE 115 with a processor, see para. 0122, see also Fig.8, para. 0144-0147, a processor 840); and
at least one memory (see Fig.5, the device 505, a UE 115 with memory, see para. 0127, see also Fig.8, para. 0144-0147, memory 830) storing instructions that, when executed by the at least one processor (see para. 0126-0127, a processor and memory coupled with the processor is configured to perform one or more of the functions described herein (e.g., by executing, by the processor, instructions stored in the memory), cause the device at least to:
receive a first radio transmission comprising instructions to decrease a radio reflection coefficient to increase wireless energy harvesting to the energy storage (see para. 0098, 0105-0106, 0112-0113, 0116-0117, 0119, 0159-0160, Figs2-4; an energy/EH resource indication corresponds to a fast radio transmission, when the node receives the first backscattered signal, the node may not schedule resources explicitly directed towards the loT device for energy harvesting and when the node fails to receive a backscattered signal or receives the second backscattered signal, the node may schedule resources explicitly directed towards the loT device for energy harvesting, when failing to receive backscattered energy after transmitting X successive probing signals, wireless device 205-a transmits EH resources 220 to UE 115-b and may transmit EH signal 225 over the indicated EH resources 220, and one circuit of wireless device 205-b may be used to receive the probing signal, transmit the backscattered energy, and to receive the EH signal 225, suppress transmitting backscattered signal 355 in examples in which the energy level of wireless device 205-d does not satisfy the predefined threshold" / decrease a radio reflection coefficient to increase wireless energy harvesting to the energy storage);
decrease the radio reflection coefficient according to the received instructions to increase the wireless energy harvesting (see para. 0112-0113, 0116-0117, 0119, 0159-0160, Fig. 2-4, an energy/EH resource indication corresponds to a fast radio transmission; it is implicit that when the loT device uses a single circuit (or, alternatively, a single antenna) for both backscattering and energy harvesting within a single frequency band, the backscattering is reduced (reflection coefficient is zero or reflection occurs with reduced reflection coefficient) when performing energy harvesting; suppression of backscattering, when the energy level of the loT device is below a threshold);
detect that the energy storage is sufficiently charged with the wireless energy harvesting (see para. 0098, 0104, 0112, 0116, when an energy level of the loT device is above the energy threshold, the loT device transmits a first backscattered signal, energy state (ES) feedback may be provided by one or more bits. For instance, ES feedback may include one bit that indicates whether an energy level of wireless device 205-b is above a predefined threshold / the energy storage is sufficiently charged); and
based on the detecting that the amount of energy in the energy storage is sufficient, increase the radio reflection coefficient to backscatter outgoing data (see para. 0098, 0104, 0112, 0116, when an energy level of the loT device is above the energy threshold, the loT device transmits a first backscattered signal, energy state (ES) feedback may be provided by one or more bits and wireless device 205-f transmits the second signal based on the energy state of second wireless device 205-f being above a threshold level, see also para. [0137]-[0138], [0159]-[0160]; Figs. 2-4).
As per claim 3, Gupta disclose the device of claim 1.
Gupta further disclose the outgoing data comprising an explicit indication that the device is ready to communicate with the increased radio reflection coefficient (see para. 0104-0105, energy state (ES) feedback is provided by one or more bits. For instance, ES feedback may include one bit that indicates whether an energy level of wireless device 205-b is above a predefined threshold, paragraphs [0105]-[0106], [0119]; Figs. 2.-4; transmission of an energy harvesting (EH) signal corresponds to an energising radio transmission).
As per claim 4, Gupta disclose An apparatus (see Fig. 1-5, 9-10, 13, a base station 105, 205-a, 205-c, 205-e, 905, para. 0152, the device 905 is aspects of a base station 105) comprising at least one processor (see Fig, 9-10, para. 0152, the device 905 includes a processor); and at least one memory storing instructions (see Fig, 9-10, para. 0152-0156, a memory) that, when executed by the at least one processor (see Fig, 9-10, para. 0152-0156, processor and memory coupled with the processor is configured to perform one or more of the functions described herein (e.g., by executing, by the processor, instructions stored in the memory)), cause the apparatus at least to:
cause communicating with a device (see Fig. 1-3, 5, 9, a user equipment 115, 205-b, 205-d, 205-f, see para. 0122), wherein the device is an ambient internet of things device with an energy storage (see Fig. 1-3, 5, 9, a user equipment 115, 205-b, 205-d, 205-f, UE with energy storage, see para. 0102-0103, WP-IoT devices (e.g., wireless device 205-b) may have energy storage capabilities (e.g., rechargeable batteries, supercapacitors) and wherein the device is capable of transmitting data by backscattering a radio transmission (see para. 0055, 0098-0099, 0103, 0105, techniques that make WPT operation (e.g., for WP-loT devices with energy storage) more efficient and opportunistic EH may also be from other sources (e.g., ambient RF sources), wireless device 205--a transmits probing signal 210 to wireless device 205--b and wireless device 205--b transmits backscattered energy 215 based on an energy state of wireless device 205-b);
cause detecting that the device has failed to transfer data by backscattering (see para. 0098, when the node receives the first backscattered signal, the node may not schedule resources explicitly directed towards the loT device for energy harvesting and when the node fails to receive a backscattered signal or receives the second backscattered signal, the node schedules resources explicitly directed towards the loT device for energy harvesting", also para. 105, when failing to receive backscattered energy after transmitting X successive probing signals, wireless device 205-a may transmit EH resources 220 to UE 115-b and may transmit EH signal 225 over the indicated EH resources 220); and
based on the detecting, cause sending, to the device, a first radio transmission comprising instructions to decrease a radio reflection coefficient to increase wireless energy harvesting to the energy storage (see para. 0112-0113, 0116-0117, 0119, 0159-0160, Fig. 2-4, an energy/EH resource indication corresponds to a fast radio transmission; it is implicit that when the loT device uses a single circuit (or, alternatively, a single antenna) for both backscattering and energy harvesting within a single frequency band, the backscattering is reduced (reflection coefficient is zero or reflection occurs with reduced reflection coefficient) when performing energy harvesting; suppression of backscattering, when the energy level of the loT device is below a threshold, see also para. 0105-0106, one circuit of wireless device 205-b may be used to receive the probing signal, transmit the backscattered energy, and to receive the EH signal 225, see also para. 0112, suppress transmitting backscattered signal 355 in examples in which the energy level of wireless device 205-d does not satisfy the predefined threshold")); and
monitoring for backscattered information from the device (see Fig.. 2-2, para. 0098, when the node receives the first backscattered signal, the node stops scheduling resources explicitly directed towards the loT device for energy harvesting", see also para. 0099, 0104-0105, 0116, first wireless device 205-e monitors for a second, backscattered signal indicating the energy state of second wireless device 205-f, and para. 0120-0121, 0138, 0141, 0159, the communications manager 920 is configured as or otherwise support a means for monitoring for a second, backscattered signal indicating the energy state of the second wireless device / monitoring for backscattered information, see also para. 0160).
As per claim 5, Gupta disclose the apparatus of claim 4.
Gupta further disclose when executed by the at least one processor, further cause the apparatus at least to: cause sending, to the device, an energizing radio transmission for energy harvesting with the decreased radio reflection coefficient after the sending of the first radio transmission (see para. 0104-0105, energy state (ES) feedback is provided by one or more bits. For instance, ES feedback may include one bit that indicates whether an energy level of wireless device 205-b is above a predefined threshold, paragraphs [0105]-[0106], [0119]; Figs. 2.-4; transmission of an energy harvesting (EH) signal corresponds to an energizing radio transmission).
As per claim 10, claim 10 is rejected the same way as claim 1.
As per claim 15, claim 15 is rejected the same way as claim 10. Gupta also disclose A computer program stored on a non-transitory memory medium, comprising computer executable program instructions (see para. 0008-0012, 0018-0025, 0122-0127, a non-transitory computer-readable medium storing code for wireless communication at a first wireless device is described, the code includes instructions executable by a processor).
Allowable Subject Matter
Claims 2, 6-9 and 11 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Li (US Pub. No.:2022/021240) – see para. 0036, “… refer to FIG. 1, FIG. 2 and FIG. 3, which are a first schematic view, a second schematic view and a third schematic view of an IoT wireless power transfer sensor in accordance with a first embodiment of the disclosure. An Internet-of-Things (IoT) system includes a large number of IoT wireless power transfer sensors 1 and an external device can scan the surroundings thereof by transmitting a scanning signal Sg in order to search the IoT wireless power transfer sensors 1 around the external device. Then, the external device 1 can communicate with the IoT wireless power transfer sensors 1 in order to obtain necessary information. In this embodiment, the external device is a smart hub having beamforming function. In another embodiment, the external device may be a reader or other similar devices. When any one of the IoT wireless power transfer sensors 1 is out of power, the external device can effectively search out the IoT wireless power transfer sensor 1 via the retrodirective searching antennas thereof. In addition, the IoT wireless power transfer sensor 1 can be effectively recognized by the external device via a special RFID-like communication mode, such that the external device can charge the IoT wireless power transfer sensor 1 (via the energy harvesting antennas A2).”
Miller (WO2022132121A1) – see Abstract, “Technologies are generally described for passively powering wireless IoT devices. An actively powered transmitter may transmit a radio frequency (RF) signal over a common channel and information associated with parameters of a reply signal to various passively powered wireless devices. The wireless devices may extract power from the RF signal or other signals in the ambient environment, use the extracted power to perform operations, and backscatter a reply signal over a different channel defined by the RF signal. The reply signal from the passively powered wireless devices may be received by a base station or an actively powered device in the vicinity and forwarded to the base station. Various multiplexing schemes may be employed to prevent collision of reply signals from the passively powered wireless devices”.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAKERAM JANGBAHADUR whose telephone number is (571)272-1335. The examiner can normally be reached on M-F 7 am - 4 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ian Moore can be reached on 571-272-3085. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LAKERAM JANGBAHADUR/
Primary Examiner, Art Unit 2469
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