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 . In virtue of the communication filed on 08/30/2024 wherein claims 1-14 are pending of which claims 1, 9, 10 are recited in independent form. The present Application claims Foreign Priority to FI20235975 with a filing date of 09/01/2023 (a copy of which has been received on 10/03/2024).
Claim Interpretation
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. For Example employing the broadest reasonable interpretation (BRI) in any claim reciting ‘and/or’ is ‘or’ under a BRI.
Claim Rejections - 35 USC para. 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 9-14 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 claims 1,9 and 10, The claim discloses " ... wherein the device is an ambient internet of things device with an energy storage and wherein the device is capable of transmitting data by backscattering a radio transmission;" " ... the first part comprising causing sending. to the device, a first radio transmission comprising instructions to decrease a radio reflection coefficient for enhanced wireless energy harvesting;" "the second part comprising causing allowing the device to wirelessly harvest energy to its energy storage from an energising radio transmission with the decreased radio reflection coefficient for a given energy harvesting duration; and , " ... causing sending to the device a second radio transmission comprising instructions to increase the radio reflection coefficient for enhancing a range of the backscattering;" Wherein respective instructions are transmitted the claim is silent on whether the respective devices follow these instructions or not and how the respective effect of a changed reflection coefficient is achieved by the features present for the IOT device disclosed. Therefore the claims does not disclose all features that are essential to arrive at the intended result. Regarding Claim 10, The claim discloses "A device, wherein the device is an ambient internet of things device comprising: an energy storage comprising a battery or a capacitor; at least one processor; and at least one memory storing instructions that, when executed by the at least one processor, cause the device to: A. receive an initial radio transmission and transmit data to an apparatus by backscattering the initial radio transmission; B. receive a first radio transmission comprising instructions to decrease a radio reflection coefficient to increase wireless energy harvesting to the energy storage; C. decrease the radio reflection coefficient according to the received instructions to increase wireless energy harvesting to the energy storage; wirelessly harvesting energy to the energy storage with the decreased radio reflection coefficient; and D. after the wirelessly harvesting energy to the energy storage, increase the radio reflection coefficient and backscatter outgoing data with the increased radio reflection coefficient. Based on the apparatus features disclosed for the IOT device it remains unclear how the functionality especially with respect to the subject matter of functional features of points C. and D. can be achieved by the IOT device. Therefore is seems that essential apparatus features are missing to arrive at the intended effects. Claims 11-14 depend on claim 10, inheriting the limitations of claim 10 noted above. The claims add no limitations which materially address the rejections above. Therefore, the claims are rejected for the same reasons.
Claim Rejections - 35 USC para. 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.
Claim(s) 1, 9, 10 are rejected under 35 U.S.C. 103 as being unpatentable over US-20230254886 to Gupta et al (hereinafter d1) in view of US-20250030461 to Hsieh et al (hereinafter d2).
Regarding claim 1, as to the limitation “An apparatus comprising at least one processor; and at least one memory storing instructions that, when executed by the at least one processor, cause the apparatus at least to: cause sending an initial radio transmission to a device, wherein the device is an ambient internet of things device with an energy storage and wherein the device is capable of transmitting data by backscattering a radio transmission; cause detecting that the device has failed to transfer data by the backscattering and responsively perform a range extension process comprising a first part, a second part following the first part, and a third part following the second part; the first part comprising causing sending, to the device, a first radio transmission comprising instructions to decrease a radio reflection coefficient for enhanced wireless energy harvesting; the second part comprising allowing the device to wirelessly harvest energy to its energy storage from an energising radio transmission with the decreased radio reflection coefficient for a given energy harvesting duration; and the third part comprising: causing sending to the device a second radio transmission comprising instructions to increase the radio reflection coefficient for enhancing a range of the backscattering; causing attempting to communicate with the device after the sending of the second radio transmission; and on failing with the attempt to communicate with the device after the sending of the second radio transmission, repeating the first, second, and third parts” d1 discloses An apparatus (Fig.2, 3, 4, "205-a ... d") comprising at least one processor (para.6); and at least one memory (para.6) storing instructions that, when executed by the at least one processor, cause the apparatus at least to: cause sending an initial radio transmission to a device (Fig.3, "350"; para.112," ... wireless device 205-c may transmit signal 350 to wireless device 205-d via RF element 315-a ... "; Fig.4, "405"), wherein the device is an ambient internet of things device (para.31-32) with an energy storage (Fig.3, "380") and wherein the device is capable of transmitting data by backscattering a radio transmission (Fig.3, "355"; Fig.4, "41 0"; Note: Definition by reference to an external entity, the features of the device appear not to result in any limitations for the apparatus); cause detecting that the device has failed to transfer data by the backscattering (para. 112, ... suppress transmitting backscattered signal 355 in examples in which the energy level of wireless device 205-d does not satisfy the predefined threshold .... Accordingly, wireless device 205-c, which may not receive backscattered signal 355 in this case ... "; para. 117) and responsively perform a range extension process comprising a first part, a second part following the first part, and a third part following the second part; the first part comprising causing sending, to the device, a first radio transmission comprising instructions to decrease a radio reflection coefficient for enhanced wireless energy harvesting (Fig.3, "385"; Fig.4, "415"; thus a first signal with information is transmitted, wherein the use of the information belongs entirely to the receiving device not within the scope of the apparatus); the second part comprising allowing the device to wirelessly harvest energy to its energy storage from an energising radio transmission with the decreased radio reflection coefficient for a given energy harvesting duration (para.113, " ... where wireless device 205-d may receive signal 385 via RF element 320-b. In some examples, RF element 320-b may pass the signal to diode element 335-b and diode element 335-b may pass the signal to energy harvester 365, which may harvest energy for supplying energy to rechargeable battery 380, which may charge the rechargeable battery 380 ... "; Fig.4, "415"); and the third part comprising: causing sending to the device a second radio transmission comprising instructions to increase the radio reflection coefficient for enhancing a range of the backscattering (Fig.4, "425"; para.120; a further signal comprising information for the device is transmitted); causing attempting to communicate with the device after the sending of the second radio transmission (Fig.4, "430"; para.121). It Appears to the Examiner that all the limitations may be met by d1. However, in order to provide further support, and in the event d1 is shown to not teach any limitation of the claim, attention is directed to d2.
D2 discloses receiving 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; means for receiving, from the user equipment, at least one measurement associated with the user equipment; means for determining a backscatter link beam direction, based at least on the at least one measurement associated with the user equipment; and means for determining an illumination power of an illumination transmission to the passive device, based at least on the proximity pathloss threshold. D2 also discloses an apparatus includes: means for receiving 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; means for receiving, from the user equipment, at least one measurement associated with the user equipment; means for determining a backscatter link beam direction, based at least on the at least one measurement associated with the user equipment; and means for determining an illumination power of an illumination transmission to the passive device, based at least on the proximity pathloss threshold. The apparatus may further include: means for receiving, from the user equipment, a report that indicates a beam of the user equipment having a higher reference signal received power than at least one other beam of the user equipment; and means for determining the backscatter link beam direction, based on a direction of the beam of the user equipment having a higher reference signal received power than at least one other beam of the user equipment. The apparatus may further include: means for determining the backscatter link beam direction, based on a reference signal received power of a first beam of the user equipment and a reference signal received power of a neighbor beam of the user equipment; wherein the reference signal received power of the first beam is higher than a reference signal received power of at least one neighbor beam of the user equipment including the neighbor beam. The apparatus may further include: means for determining whether a distance between the user equipment and an edge of the first beam is less than or equal to a distance threshold; and means for determining the backscatter link beam direction, based on the reference signal received power of the first beam of the user equipment and the reference signal received power of the neighbor beam of the user equipment, when the distance between the user equipment and the edge of the first beam is less than or equal to the distance threshold. The apparatus may further include: means for determining a first angle based on the first beam, means for determining a difference between the reference signal received power of the first beam and the reference signal received power of the neighbor beam; means for determining a correction angle to apply to the first angle, based on the difference; and means for determining the backscatter link beam direction, based on the correction angle applied to the first angle; wherein the first angle and the correction angle are in an azimuth domain or an elevation domain. The apparatus may further include: means for determining a first angle based on the first beam; means for determining location information associated with the user equipment; means for determining a correction angle to apply to the first angle, based on the location information associated with the user equipment; and means for determining the backscatter link beam direction, based on the correction angle applied to the first angle; wherein the first angle and the correction angle are in an azimuth domain or an elevation domain. The apparatus may further include: means for determining a pathloss between the apparatus and the user equipment, based on a reference signal received power of the user equipment; means for determining a pathloss between the apparatus and the passive device, based at least on the pathloss between the apparatus and the user equipment; and means for determining the illumination power based at least partially on the pathloss between the apparatus and the passive device. The apparatus may further include: means for determining a coefficient based on at least one known backscatter link characteristic and a reference signal power density; and means for determining the illumination power, based on the coefficient. The apparatus may further include wherein the at least one known backscatter link characteristic comprises at least one of: a sensitivity of a reader of a backscatter signal, or an antenna gain of the passive device, or a backscatter modulation factor. The apparatus may further include: means for determining the coefficient at least based on the sensitivity of the reader of the backscatter signal, the antenna gain of the passive device, and the backscatter modulation factor. The apparatus may further include: means for determining a reference signal received power of the user equipment; and means for determining the illumination power at least partially based on the reference signal received power. The apparatus may further include: means for determining, when the passive device has no energy storage, a received power threshold of the passive device, such that a carrier wave arrives at the passive device with a power greater than the received power threshold. The apparatus may further include: means for determining a first coefficient based on at least one known backscatter link characteristic and a reference signal power density; means for determining a reference signal received power of the user equipment; means for determining a second coefficient based at least on the received power threshold of the passive device and one known backscatter link characteristic; and means for determining the illumination power based on the first coefficient, the reference signal received power, and the second coefficient. The apparatus may further include: means for determining a difference between the first coefficient and the reference signal received power; means for determining the illumination power based on the proximity pathloss threshold added to a larger of the difference and the second coefficient, when the user equipment performs the illumination transmission to the passive device. The apparatus may further include: means for determining the second coefficient based on an antenna gain of the user equipment and an antenna gain of the passive device, wherein the one known backscatter link characteristic comprises the antenna gain of the passive device. The apparatus may further include: means for determining a sum comprising the first coefficient added to the proximity pathloss threshold; means for determining the illumination power based on the reference signal received power subtracted from a larger of the sum and the second coefficient, when the apparatus performs the illumination transmission to the passive device. The apparatus may further include: means for determining the second coefficient based on the reference signal power density, an antenna gain of the user equipment, and an antenna gain of the passive device, wherein the one known backscatter link characteristic comprises the antenna gain of the passive device. The apparatus may further include: means for storing a used illumination power, a reference signal received power of a user equipment, and a beam selection of a user equipment in a database; and means for retrieving from the database at least one of: the used illumination power, or the reference signal received power of the user equipment, or the beam selection of the user equipment; wherein the illumination power of the illumination transmission to the passive device is determined based on at least one of the used illumination power, or the reference signal received power of the user equipment, or the beam selection of the user equipment retrieved from the database. The apparatus may further include: means for determining whether a backscatter signal was received; wherein the used illumination power, or the reference signal received power of the user equipment, or the beam selection of a user equipment is stored in the database when the backscatter signal was received. The apparatus may further include: means for determining whether the passive device is stationary; wherein the used illumination power, or the reference signal received power of the user equipment, or the beam selection of a user equipment is stored in the database when the passive device is stationary. In accordance with an aspect, an apparatus includes: means for receiving, from a network node, a first scheduled time of a first illumination transmission to a passive device; means for performing the first illumination transmission to the passive device at the first scheduled time with a first illumination power; means for receiving, from the network node, a second scheduled time of a second illumination transmission to the passive device; and means for performing the second illumination transmission to the passive device at the second scheduled time with a second illumination power; wherein the second illumination power is greater than the first illumination power. The apparatus may further include: means for determining the first illumination power and the second illumination power. The apparatus may further include: means for receiving, from the network node, the first illumination power; and means for receiving, from the network node, the second illumination power (see d2 para. 0003-0025). D2 also appears to teach the limitations of the claims.
It is noted that d1 and d2 included each element claimed although possibly in each single reference, but certainly in combination wherein the only difference between the claimed invention and the prior art being the lack of actual combination of the elements in a single prior art reference. One of ordinary skill in the art could have combined the elements as claimed by known methods, and that in combination, each element merely performed the same function as it does separately. Therefore, one of ordinary skill in the art would have recognized that the results of the combination were predictable. Wherein, d1 and d2 contain ample teaching, suggestion, or motivation, either in the references themselves or in the knowledge generally available to one of ordinary skill in the art, to modify the reference or to combine reference teachings including improving implementation of passive devices not having a power and energy source in a communication network, for applications amenable thereto (see d2 para. 0002). Further, implementation, in the same field, utilizing elements of d1 and d2 in the same way would yield a reasonable expectation of success.
Regarding claim 9, as to the limitation “A method, comprising: causing sending an initial radio transmission to a device, wherein the device is an ambient internet of things device with an energy storage and wherein the device is capable of transmitting data by backscattering a radio transmission; causing detecting that the device has failed to transfer data by the backscattering and responsively performing a range extension process comprising a first part, a second part following the first part, and a third part following the second part; the first part comprising causing sending, to the device, a first radio transmission comprising instructions to decrease a radio reflection coefficient for enhanced wireless energy harvesting; the second part comprising causing allowing the device to wirelessly harvest energy to its energy storage from an energising radio transmission with the decreased radio reflection coefficient for a given energy harvesting duration; and the third part comprising: causing sending to the device a second radio transmission comprising instructions to increase the radio reflection coefficient for enhancing a range of the backscattering; causing attempting to communicate with the device after the sending of the second radio transmission; and on failing with the attempt to communicate with the device after the sending of the second radio transmission, repeating the first, second, and third parts” d1 discloses An apparatus (Fig.2, 3, 4, "205-a ... d") comprising at least one processor (para.6); and at least one memory (para.6) storing instructions that, when executed by the at least one processor, cause the apparatus at least to: cause sending an initial radio transmission to a device (Fig.3, "350"; para.112," ... wireless device 205-c may transmit signal 350 to wireless device 205-d via RF element 315-a ... "; Fig.4, "405"), wherein the device is an ambient internet of things device (para.31-32) with an energy storage (Fig.3, "380") and wherein the device is capable of transmitting data by backscattering a radio transmission (Fig.3, "355"; Fig.4, "41 0"; Note: Definition by reference to an external entity, the features of the device appear not to result in any limitations for the apparatus); cause detecting that the device has failed to transfer data by the backscattering (para. 112, ... suppress transmitting backscattered signal 355 in examples in which the energy level of wireless device 205-d does not satisfy the predefined threshold .... Accordingly, wireless device 205-c, which may not receive backscattered signal 355 in this case ... "; para. 117) and responsively perform a range extension process comprising a first part, a second part following the first part, and a third part following the second part; the first part comprising causing sending, to the device, a first radio transmission comprising instructions to decrease a radio reflection coefficient for enhanced wireless energy harvesting (Fig.3, "385"; Fig.4, "415"; thus a first signal with information is transmitted, wherein the use of the information belongs entirely to the receiving device not within the scope of the apparatus); the second part comprising allowing the device to wirelessly harvest energy to its energy storage from an energising radio transmission with the decreased radio reflection coefficient for a given energy harvesting duration (para.113, " ... where wireless device 205-d may receive signal 385 via RF element 320-b. In some examples, RF element 320-b may pass the signal to diode element 335-b and diode element 335-b may pass the signal to energy harvester 365, which may harvest energy for supplying energy to rechargeable battery 380, which may charge the rechargeable battery 380 ... "; Fig.4, "415"); and the third part comprising: causing sending to the device a second radio transmission comprising instructions to increase the radio reflection coefficient for enhancing a range of the backscattering (Fig.4, "425"; para.120; a further signal comprising information for the device is transmitted); causing attempting to communicate with the device after the sending of the second radio transmission (Fig.4, "430"; para.121). It Appears to the Examiner that all the limitations may be met by d1. However, in order to provide further support, and in the event d1 is shown to not teach any limitation of the claim, attention is directed to d2.
D2 discloses receiving 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; means for receiving, from the user equipment, at least one measurement associated with the user equipment; means for determining a backscatter link beam direction, based at least on the at least one measurement associated with the user equipment; and means for determining an illumination power of an illumination transmission to the passive device, based at least on the proximity pathloss threshold. D2 also discloses an apparatus includes: means for receiving 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; means for receiving, from the user equipment, at least one measurement associated with the user equipment; means for determining a backscatter link beam direction, based at least on the at least one measurement associated with the user equipment; and means for determining an illumination power of an illumination transmission to the passive device, based at least on the proximity pathloss threshold. The apparatus may further include: means for receiving, from the user equipment, a report that indicates a beam of the user equipment having a higher reference signal received power than at least one other beam of the user equipment; and means for determining the backscatter link beam direction, based on a direction of the beam of the user equipment having a higher reference signal received power than at least one other beam of the user equipment. The apparatus may further include: means for determining the backscatter link beam direction, based on a reference signal received power of a first beam of the user equipment and a reference signal received power of a neighbor beam of the user equipment; wherein the reference signal received power of the first beam is higher than a reference signal received power of at least one neighbor beam of the user equipment including the neighbor beam. The apparatus may further include: means for determining whether a distance between the user equipment and an edge of the first beam is less than or equal to a distance threshold; and means for determining the backscatter link beam direction, based on the reference signal received power of the first beam of the user equipment and the reference signal received power of the neighbor beam of the user equipment, when the distance between the user equipment and the edge of the first beam is less than or equal to the distance threshold. The apparatus may further include: means for determining a first angle based on the first beam, means for determining a difference between the reference signal received power of the first beam and the reference signal received power of the neighbor beam; means for determining a correction angle to apply to the first angle, based on the difference; and means for determining the backscatter link beam direction, based on the correction angle applied to the first angle; wherein the first angle and the correction angle are in an azimuth domain or an elevation domain. The apparatus may further include: means for determining a first angle based on the first beam; means for determining location information associated with the user equipment; means for determining a correction angle to apply to the first angle, based on the location information associated with the user equipment; and means for determining the backscatter link beam direction, based on the correction angle applied to the first angle; wherein the first angle and the correction angle are in an azimuth domain or an elevation domain. The apparatus may further include: means for determining a pathloss between the apparatus and the user equipment, based on a reference signal received power of the user equipment; means for determining a pathloss between the apparatus and the passive device, based at least on the pathloss between the apparatus and the user equipment; and means for determining the illumination power based at least partially on the pathloss between the apparatus and the passive device. The apparatus may further include: means for determining a coefficient based on at least one known backscatter link characteristic and a reference signal power density; and means for determining the illumination power, based on the coefficient. The apparatus may further include wherein the at least one known backscatter link characteristic comprises at least one of: a sensitivity of a reader of a backscatter signal, or an antenna gain of the passive device, or a backscatter modulation factor. The apparatus may further include: means for determining the coefficient at least based on the sensitivity of the reader of the backscatter signal, the antenna gain of the passive device, and the backscatter modulation factor. The apparatus may further include: means for determining a reference signal received power of the user equipment; and means for determining the illumination power at least partially based on the reference signal received power. The apparatus may further include: means for determining, when the passive device has no energy storage, a received power threshold of the passive device, such that a carrier wave arrives at the passive device with a power greater than the received power threshold. The apparatus may further include: means for determining a first coefficient based on at least one known backscatter link characteristic and a reference signal power density; means for determining a reference signal received power of the user equipment; means for determining a second coefficient based at least on the received power threshold of the passive device and one known backscatter link characteristic; and means for determining the illumination power based on the first coefficient, the reference signal received power, and the second coefficient. The apparatus may further include: means for determining a difference between the first coefficient and the reference signal received power; means for determining the illumination power based on the proximity pathloss threshold added to a larger of the difference and the second coefficient, when the user equipment performs the illumination transmission to the passive device. The apparatus may further include: means for determining the second coefficient based on an antenna gain of the user equipment and an antenna gain of the passive device, wherein the one known backscatter link characteristic comprises the antenna gain of the passive device. The apparatus may further include: means for determining a sum comprising the first coefficient added to the proximity pathloss threshold; means for determining the illumination power based on the reference signal received power subtracted from a larger of the sum and the second coefficient, when the apparatus performs the illumination transmission to the passive device. The apparatus may further include: means for determining the second coefficient based on the reference signal power density, an antenna gain of the user equipment, and an antenna gain of the passive device, wherein the one known backscatter link characteristic comprises the antenna gain of the passive device. The apparatus may further include: means for storing a used illumination power, a reference signal received power of a user equipment, and a beam selection of a user equipment in a database; and means for retrieving from the database at least one of: the used illumination power, or the reference signal received power of the user equipment, or the beam selection of the user equipment; wherein the illumination power of the illumination transmission to the passive device is determined based on at least one of the used illumination power, or the reference signal received power of the user equipment, or the beam selection of the user equipment retrieved from the database. The apparatus may further include: means for determining whether a backscatter signal was received; wherein the used illumination power, or the reference signal received power of the user equipment, or the beam selection of a user equipment is stored in the database when the backscatter signal was received. The apparatus may further include: means for determining whether the passive device is stationary; wherein the used illumination power, or the reference signal received power of the user equipment, or the beam selection of a user equipment is stored in the database when the passive device is stationary. In accordance with an aspect, an apparatus includes: means for receiving, from a network node, a first scheduled time of a first illumination transmission to a passive device; means for performing the first illumination transmission to the passive device at the first scheduled time with a first illumination power; means for receiving, from the network node, a second scheduled time of a second illumination transmission to the passive device; and means for performing the second illumination transmission to the passive device at the second scheduled time with a second illumination power; wherein the second illumination power is greater than the first illumination power. The apparatus may further include: means for determining the first illumination power and the second illumination power. The apparatus may further include: means for receiving, from the network node, the first illumination power; and means for receiving, from the network node, the second illumination power (see d2 para. 0003-0025). D2 also appears to teach the limitations of the claims.
It is noted that d1 and d2 included each element claimed although possibly in each single reference, but certainly in combination wherein the only difference between the claimed invention and the prior art being the lack of actual combination of the elements in a single prior art reference. One of ordinary skill in the art could have combined the elements as claimed by known methods, and that in combination, each element merely performed the same function as it does separately. Therefore, one of ordinary skill in the art would have recognized that the results of the combination were predictable. Wherein, d1 and d2 contain ample teaching, suggestion, or motivation, either in the references themselves or in the knowledge generally available to one of ordinary skill in the art, to modify the reference or to combine reference teachings including improving implementation of passive devices not having a power and energy source in a communication network, for applications amenable thereto (see d2 para. 0002). Further, implementation, in the same field, utilizing elements of d1 and d2 in the same way would yield a reasonable expectation of success.
Regarding claim 10, as to the limitation “A device, wherein the device is an ambient internet of things device comprising: an energy storage comprising a battery or a capacitor; 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 transmit 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 to the energy storage; decrease the radio reflection coefficient according to the received instructions to increase wireless energy harvesting to the energy storage; wirelessly harvesting energy to the energy storage with the decreased radio reflection coefficient; and after the wirelessly harvesting energy to the energy storage, increase the radio reflection coefficient” d1 discloses An apparatus (Fig.2, 3, 4, "205-a ... d") comprising at least one processor (para.6); and at least one memory (para.6) storing instructions that, when executed by the at least one processor, cause the apparatus at least to: cause sending an initial radio transmission to a device (Fig.3, "350"; para.112," ... wireless device 205-c may transmit signal 350 to wireless device 205-d via RF element 315-a ... "; Fig.4, "405"), wherein the device is an ambient internet of things device (para.31-32) with an energy storage (Fig.3, "380") and wherein the device is capable of transmitting data by backscattering a radio transmission (Fig.3, "355"; Fig.4, "41 0"; Note: Definition by reference to an external entity, the features of the device appear not to result in any limitations for the apparatus); cause detecting that the device has failed to transfer data by the backscattering (para. 112, ... suppress transmitting backscattered signal 355 in examples in which the energy level of wireless device 205-d does not satisfy the predefined threshold .... Accordingly, wireless device 205-c, which may not receive backscattered signal 355 in this case ... "; para. 117) and responsively perform a range extension process comprising a first part, a second part following the first part, and a third part following the second part; the first part comprising causing sending, to the device, a first radio transmission comprising instructions to decrease a radio reflection coefficient for enhanced wireless energy harvesting (Fig.3, "385"; Fig.4, "415"; thus a first signal with information is transmitted, wherein the use of the information belongs entirely to the receiving device not within the scope of the apparatus); the second part comprising allowing the device to wirelessly harvest energy to its energy storage from an energising radio transmission with the decreased radio reflection coefficient for a given energy harvesting duration (para.113, " ... where wireless device 205-d may receive signal 385 via RF element 320-b. In some examples, RF element 320-b may pass the signal to diode element 335-b and diode element 335-b may pass the signal to energy harvester 365, which may harvest energy for supplying energy to rechargeable battery 380, which may charge the rechargeable battery 380 ... "; Fig.4, "415"); and the third part comprising: causing sending to the device a second radio transmission comprising instructions to increase the radio reflection coefficient for enhancing a range of the backscattering (Fig.4, "425"; para.120; a further signal comprising information for the device is transmitted); causing attempting to communicate with the device after the sending of the second radio transmission (Fig.4, "430"; para.121). It Appears to the Examiner that all the limitations may be met by d1. However, in order to provide further support, and in the event d1 is shown to not teach any limitation of the claim, attention is directed to d2.
D2 discloses receiving 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; means for receiving, from the user equipment, at least one measurement associated with the user equipment; means for determining a backscatter link beam direction, based at least on the at least one measurement associated with the user equipment; and means for determining an illumination power of an illumination transmission to the passive device, based at least on the proximity pathloss threshold. D2 also discloses an apparatus includes: means for receiving 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; means for receiving, from the user equipment, at least one measurement associated with the user equipment; means for determining a backscatter link beam direction, based at least on the at least one measurement associated with the user equipment; and means for determining an illumination power of an illumination transmission to the passive device, based at least on the proximity pathloss threshold. The apparatus may further include: means for receiving, from the user equipment, a report that indicates a beam of the user equipment having a higher reference signal received power than at least one other beam of the user equipment; and means for determining the backscatter link beam direction, based on a direction of the beam of the user equipment having a higher reference signal received power than at least one other beam of the user equipment. The apparatus may further include: means for determining the backscatter link beam direction, based on a reference signal received power of a first beam of the user equipment and a reference signal received power of a neighbor beam of the user equipment; wherein the reference signal received power of the first beam is higher than a reference signal received power of at least one neighbor beam of the user equipment including the neighbor beam. The apparatus may further include: means for determining whether a distance between the user equipment and an edge of the first beam is less than or equal to a distance threshold; and means for determining the backscatter link beam direction, based on the reference signal received power of the first beam of the user equipment and the reference signal received power of the neighbor beam of the user equipment, when the distance between the user equipment and the edge of the first beam is less than or equal to the distance threshold. The apparatus may further include: means for determining a first angle based on the first beam, means for determining a difference between the reference signal received power of the first beam and the reference signal received power of the neighbor beam; means for determining a correction angle to apply to the first angle, based on the difference; and means for determining the backscatter link beam direction, based on the correction angle applied to the first angle; wherein the first angle and the correction angle are in an azimuth domain or an elevation domain. The apparatus may further include: means for determining a first angle based on the first beam; means for determining location information associated with the user equipment; means for determining a correction angle to apply to the first angle, based on the location information associated with the user equipment; and means for determining the backscatter link beam direction, based on the correction angle applied to the first angle; wherein the first angle and the correction angle are in an azimuth domain or an elevation domain. The apparatus may further include: means for determining a pathloss between the apparatus and the user equipment, based on a reference signal received power of the user equipment; means for determining a pathloss between the apparatus and the passive device, based at least on the pathloss between the apparatus and the user equipment; and means for determining the illumination power based at least partially on the pathloss between the apparatus and the passive device. The apparatus may further include: means for determining a coefficient based on at least one known backscatter link characteristic and a reference signal power density; and means for determining the illumination power, based on the coefficient. The apparatus may further include wherein the at least one known backscatter link characteristic comprises at least one of: a sensitivity of a reader of a backscatter signal, or an antenna gain of the passive device, or a backscatter modulation factor. The apparatus may further include: means for determining the coefficient at least based on the sensitivity of the reader of the backscatter signal, the antenna gain of the passive device, and the backscatter modulation factor. The apparatus may further include: means for determining a reference signal received power of the user equipment; and means for determining the illumination power at least partially based on the reference signal received power. The apparatus may further include: means for determining, when the passive device has no energy storage, a received power threshold of the passive device, such that a carrier wave arrives at the passive device with a power greater than the received power threshold. The apparatus may further include: means for determining a first coefficient based on at least one known backscatter link characteristic and a reference signal power density; means for determining a reference signal received power of the user equipment; means for determining a second coefficient based at least on the received power threshold of the passive device and one known backscatter link characteristic; and means for determining the illumination power based on the first coefficient, the reference signal received power, and the second coefficient. The apparatus may further include: means for determining a difference between the first coefficient and the reference signal received power; means for determining the illumination power based on the proximity pathloss threshold added to a larger of the difference and the second coefficient, when the user equipment performs the illumination transmission to the passive device. The apparatus may further include: means for determining the second coefficient based on an antenna gain of the user equipment and an antenna gain of the passive device, wherein the one known backscatter link characteristic comprises the antenna gain of the passive device. The apparatus may further include: means for determining a sum comprising the first coefficient added to the proximity pathloss threshold; means for determining the illumination power based on the reference signal received power subtracted from a larger of the sum and the second coefficient, when the apparatus performs the illumination transmission to the passive device. The apparatus may further include: means for determining the second coefficient based on the reference signal power density, an antenna gain of the user equipment, and an antenna gain of the passive device, wherein the one known backscatter link characteristic comprises the antenna gain of the passive device. The apparatus may further include: means for storing a used illumination power, a reference signal received power of a user equipment, and a beam selection of a user equipment in a database; and means for retrieving from the database at least one of: the used illumination power, or the reference signal received power of the user equipment, or the beam selection of the user equipment; wherein the illumination power of the illumination transmission to the passive device is determined based on at least one of the used illumination power, or the reference signal received power of the user equipment, or the beam selection of the user equipment retrieved from the database. The apparatus may further include: means for determining whether a backscatter signal was received; wherein the used illumination power, or the reference signal received power of the user equipment, or the beam selection of a user equipment is stored in the database when the backscatter signal was received. The apparatus may further include: means for determining whether the passive device is stationary; wherein the used illumination power, or the reference signal received power of the user equipment, or the beam selection of a user equipment is stored in the database when the passive device is stationary. In accordance with an aspect, an apparatus includes: means for receiving, from a network node, a first scheduled time of a first illumination transmission to a passive device; means for performing the first illumination transmission to the passive device at the first scheduled time with a first illumination power; means for receiving, from the network node, a second scheduled time of a second illumination transmission to the passive device; and means for performing the second illumination transmission to the passive device at the second scheduled time with a second illumination power; wherein the second illumination power is greater than the first illumination power. The apparatus may further include: means for determining the first illumination power and the second illumination power. The apparatus may further include: means for receiving, from the network node, the first illumination power; and means for receiving, from the network node, the second illumination power (see d2 para. 0003-0025). D2 also appears to teach the limitations of the claims.
It is noted that d1 and d2 included each element claimed although possibly in each single reference, but certainly in combination wherein the only difference between the claimed invention and the prior art being the lack of actual combination of the elements in a single prior art reference. One of ordinary skill in the art could have combined the elements as claimed by known methods, and that in combination, each element merely performed the same function as it does separately. Therefore, one of ordinary skill in the art would have recognized that the results of the combination were predictable. Wherein, d1 and d2 contain ample teaching, suggestion, or motivation, either in the references themselves or in the knowledge generally available to one of ordinary skill in the art, to modify the reference or to combine reference teachings including improving implementation of passive devices not having a power and energy source in a communication network, for applications amenable thereto (see d2 para. 0002). Further, implementation, in the same field, utilizing elements of d1 and d2 in the same way would yield a reasonable expectation of success.
Allowable Subject Matter
Claims 2-8 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.
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/NATHAN S TAYLOR/ Primary Examiner, Art Unit 2643
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