DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
In the response dated 07/31/2026 an election was made without traverse to prosecute the invention of group 1, claims 1-9 and 20. Claims 10-19 are withdrawn from further consideration by the examiner, 37 CFR 1.142(b), as being drawn to a non-elected invention.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-3, 7-10, and 20, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhang et al. (US 2019/0274144 A1).
Regarding claims 1 and 20, Zhang discloses:
a chip, comprising:
a processor, wherein the processor, when loading and running at least one computer program from a memory, causes a device equipped with the chip to perform a method, the method comprising:
performing for wireless communication (fig.1 depicts a wireless communications network comprising an AP element 10, and a plurality of other devices), comprising:
transmitting, by an access point device (fig.1 depicts an Access Point (AP) element 102 as discussed above, par.[0005 and 0038]), a first signal (fig.1 element 15, and par.[0038] which recites, in part, “An ISM band radio, which may be a WiFi, Bluetooth or ZigBee transmitter, transmits data in the form of packets 15 during normal operation to receiver 30, which may be a commodity receiver, such as WiFi, Bluetooth or ZigBee.”), wherein the first signal comprises a first signal portion (fig.1 element 10 transmits signal 15 using conventional Wi-Fi as discussed in par.[0038]) and a second signal portion (fig.1 element 10 also transmits signal 15 to tag 20, which is a zero power device, which is used for backscatter. Par.[0038] “An internet-of-things (IoT) device 20 (which is also referred to herein as a tag) also receives packets 15, implements codeword translation to embed the information that tag 20 seeks to transmit as described further below, and backscatters the codeword translated packet 25 to receiver 40, which may also be a commodity receiver, such as WiFi, Bluetooth or ZigBee.”. The tag is a zero power or low power device, par.[0050] which recites, in part, “A backscatter tag, in accordance with embodiments of the present invention, performs such translation in compliance with WiFi, ZigBee, and Bluetooth standards, while consuming a relatively small amount of power.”), wherein the first signal portion is transmitted over a conventional 802.11 radio interface (fig.1 and par.[0038 as discussed above), and the second signal portion is transmitted over a zero-power radio interface (fig.1 and par.[0038, 0050]), the first signal portion comprising a first preamble signal (fig.1 transmits packets utilizing convention 802.11 which requires a 802.11 preamble. That is, the office is taking official notice that 802.11 packets are transmitted utilizing a preamble).
Regarding claim 2, Zhang discloses:
wherein the second signal portion comprises at least one of:
a second preamble signal, a header signal, or a data signal (par.[0064] which recites, in part, “To ensure that the tag starts to backscatter at the appropriate time, the transmitter (e.g., transmitter 10 in FIG. 1) sends a preamble containing a predetermined sequence of 0s and 1s, described further below. The tag maintains a circular buffer of received bits. If the beginning of the buffer matches the preamble, the tag knows that the buffer contains backscatter data initiated by a command from the transmitter and not random packets.”. That is, the preamble of the signal 15 that the tag receives, indicates that the data included in the packets is for backscattering. The preamble is a part of a header of a packet).
Regarding claim 3, Zhang discloses:
Wherein the second signal portion comprises a first indication information, wherein the first indication information indicates a resource location of the first signal portion (as discussed above, with reference to par.[0063 – 0065] the backscatter signal which is sent at zero-power is a reproduction or a backscattered version of the first signal portion, thus, when the backscatter/zero-power receiver receives the second signal, it can provide an indication of the first signal).
Regarding claim 7, Zhang discloses:
wherein there is at least of: the first preamble signal employs a signal waveform supported by the conventional 802.11 radio interface (as discussed above, the transmitter 10 can communicate a signal 15 over the traditional 802.11 interface which requires a preamble, which would requires a 802.11 conventional waveform. The preamble allows an 802.11 receiver to tune, synchronize, and decode an incoming transmission.); or
the second signal portion employs a signal waveform supported by the zero-power radio interface (additionally, as discussed above, the second signal may be transmitted over the non-zero power interface).
Regarding claim 8, Zhang discloses:
wherein the first signal is a physical layer convergence protocol (PLCP) protocol data unit (PPDU) frame, wherein the PPDU frame includes a second preamble signal transmitted over the zero-power radio interface, the first preamble signal transmitted over the conventional 802.11 radio interface, and a header and payload transmitted over the zero-power radio interface; or
the PPDU frame includes the first preamble signal transmitted over the conventional 802.11 radio interface, and a second preamble signal, a header, and payload that are transmitted over the zero-power radio interface; or
the PPDU frame includes a second preamble signal, a header, and payload that are transmitted over the zero-power radio interface, and the first preamble signal transmitted over the conventional 802.11 radio interface; or
the PPDU frame includes a second preamble signal and a header transmitted over the zero-power radio interface, the first preamble signal transmitted over the conventional 802.11 radio interface, and the payload transmitted over the zero-power radio interface (as discussed above traditional 802.11 PPDU comprise a preamble, header, and data, additionally the disclosure of Zhang teaches that the backscatter/zero-power signal comprises a preamble, which is a header, and that the preamble indicates that the zero-power/backscatter signal comprises data).
Regarding claim 9, Zhang discloses:
a communication device (fig.1 element 10), comprising:
a processor and a memory configured to store at least one computer program (fig.1 element 10 it is implicit that an Access Point (AP) has a processor and memory, with a computer program), wherein the processor, when loading and running the at least one computer program from the memory, is caused to perform:
transmitting a second signal (fig.1 depicts the signal element 15 being transmitted in different directions, the second direction being a second signal), wherein the second signal comprises a third preamble signal and a carrier signal (par.[0054] which recites, in part, “However, because an OFDM signal associated with the 802.11n standard uses multiple subcarriers, the above codeword translation can cause problems. When a tag changes the amplitude of a signal on subcarrier it will introduce the same amplitude modification on another subcarrier m. However, the modified signal on subcarrier m may not be a valid codeword.”. par.[0064] which recites, in part, “To ensure that the tag starts to backscatter at the appropriate time, the transmitter (e.g., transmitter 10 in FIG. 1) sends a preamble containing a predetermined sequence of 0s and 1s, described further below. The tag maintains a circular buffer of received bits. If the beginning of the buffer matches the preamble, the tag knows that the buffer contains backscatter data initiated by a command from the transmitter and not random packets.”. That is, the preamble of the signal 15 that the tag receives, indicates that the data included in the packets is for backscattering. The preamble is a part of a header of a packet), and the second signal is configured for a zero-power device generating a backscatter signal (fig.1 the second signal is directed toward the tag which is a zero-power device for backscattering).
Regarding claim 10, Zhang discloses:
a zero-power device (fig.1 element 20 – the tag), comprising:
a processor and a memory configured to store at least one computer program, wherein the processor (fig.1 implicit tag comprises a processor and a memory), when loading and running the at least one computer program from the memory, is caused to perform:
receiving a second signal (fig.1 depicts the AP transmitting a signal 15 to the tag), wherein the second signal comprises a third preamble signal and a carrier signal (par.[0054] which recites, in part, “However, because an OFDM signal associated with the 802.11n standard uses multiple subcarriers, the above codeword translation can cause problems. When a tag changes the amplitude of a signal on subcarrier it will introduce the same amplitude modification on another subcarrier m. However, the modified signal on subcarrier m may not be a valid codeword.”. par.[0064] which recites, in part, “To ensure that the tag starts to backscatter at the appropriate time, the transmitter (e.g., transmitter 10 in FIG. 1) sends a preamble containing a predetermined sequence of 0s and 1s, described further below. The tag maintains a circular buffer of received bits. If the beginning of the buffer matches the preamble, the tag knows that the buffer contains backscatter data initiated by a command from the transmitter and not random packets.”. That is, the preamble of the signal 15 that the tag receives, indicates that the data included in the packets is for backscattering. The preamble is a part of a header of a packet); and generating a backscatter signal based on the second signal (fig.1 the second signal is directed toward the tag which is a zero-power device for backscattering).
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.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang as applied to the independent claims, in view of Suzuki et al. (US 2016/0142920 A1).
Regarding claim 4, the disclosure of Zhang teaches the independent claims, but may not disclose:
wherein a first offset is present between a resource location of the first signal portion and a resource location of the second signal portion, and the first offset is predefined or configured by the access point device.
In an analogous art, the disclosure of Suzuki teaches:
wherein a first offset is present between a resource location of the first signal portion and a resource location of the second signal portion, and the first offset is predefined or configured by the access point device (fig.4 wherein there is a an offset between a first preamble and a second preamble which is preconfigured by the access point which generates and transmits the signallings).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the instant application to combine the teachings of Zhang, with the disclosure of Suzuki. The motivation/suggestion would have been to provide a means for receiver synchronization.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang as applied to the independent claims, in view of Gollakota et al. (US 2017/0331509 A1).
Regarding claim 5, the disclosure of Zhang teaches backscattering a transmission, but may not disclose:
wherein the second signal portion precedes the first signal portion in a time domain.
In an analogous art, the disclosure of Gollakota teaches: wherein the second signal portion precedes the first signal portion in a time domain (fig.4 SEQ element 410 precedes Preamble element 420. The Seq is used to alert the backscatter receiver for reception, par.[0049 – 0050]).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the instant application to combine the teachings of Zhang with the disclosure of Gollakota. The motivation/suggestion would have been to prepare the zero-power receiver for transmission earlier in the time domain.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang as applied to the independent claims, in view of Richards et al. (US 2022/022050 A1).
Regarding claim 6, the disclosure of Zhang teaches the independent claims, but may not disclose:
wherein the first preamble signal is configured for carrier sensing.
In an analogous art, the disclosure of Richards teaches:
wherein the first preamble signal is configured for carrier sensing (par.[0046] which recites, in part, “WiFi devices rely on WiFi preamble reception and carrier sensing”).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the instant application to combine the backscattering as discussed in Zhang, with the 802.11 transmission as discussed in Richards. The motivation/suggestion would have been that in order to send and or receive a signal on a Wi-Fi 802.11 network a transmitter or receiver, must perform a LBT or carrier sensing operation in order to gain control of the transmission medium in order to prevent collisions when frames are sent or received.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Karimaruthumkal et al. (US 2021/0368439 A1) “WLAN Wake Up Radio With Backscattering”
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMAAL HENSON whose telephone number is (571)272-5339. The examiner can normally be reached M-Thu: 7:30 am - 6:30 pm.
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JAMAAL HENSON
Primary Examiner
Art Unit 2411
/JAMAAL HENSON/Primary Examiner, Art Unit 2411
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