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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11 September 2024 was filed after the mailing date of the patent application on 11 September 2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings, received on 11 September 2024, are acceptable for examination.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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)(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 1-12, 25-26, 28, and 30 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Elkotby et al. (US 20230076409 A1; hereinafter referred to as “Elkotby”).
Regarding Claim 30, Elkotby discloses a user equipment (UE), comprising:
a memory comprising executable instructions (¶61-70 & Fig. 1B & ¶269, Elkotby discloses a wireless transmit receive unit (WTRU) comprising a memory storing a computer program or software); and
a processor configured to execute the executable instructions and cause the UE (¶61-70 & Fig. 1B & ¶269, Elkotby discloses the WTRU further comprising a processor to execute the computer program or software stored on the memory to cause the WTRU to perform a method) to:
transmit, to a network entity, UE capability information (¶121-122 & Fig. 8, Elkotby discloses transmitting, to a next generation node (gNB), zero energy (ZE) capability) indicating that the UE supports a radio frequency identification (RFID)-based communication mode (¶133-134 & ¶159 & ¶285, Elkotby discloses that the ZE capability indicates support for communication using a zero-energy, or energy-harvesting (EH), transceiver) and an advanced communication mode (¶133-134 & ¶159 & ¶285 & ¶1, Elkotby discloses that the ZE capability may be reported over a Uu interface. Examiner correlates communication over a Uu interface as an indication that the device is capable of an advanced communication mode using 5G (New Radio)); and
communicate with the network entity using at least one of the RFID- based communication mode or the advanced communication mode based on the UE capability information (¶122 & Fig. 8, Elkotby discloses communicating with the gNB using at least one of a ZE air interface or a Uu air interface based upon the ZE capability).
Regarding Claim 1, Claim 1 is rejected on the same basis as Claim 30.
Regarding Claim 2, Elkotby discloses the method of claim 1.
Elkotby further discloses wherein communicating with the network entity comprises switching between using the RFID-based communication mode and using the advanced communication mode (¶122 & Fig. 8, Elkotby discloses switching between using the ZE air interface or using the Uu air interface based upon the ZE capability and/or triggers/criteria).
Regarding Claim 3, Elkotby discloses the method of claim 2.
Elkotby further discloses wherein the switching between using the RFID-based communication mode and using the advanced communication mode is based on at least one of a path loss associated with communicating with the network entity or a distance between the UE and network entity (¶123 & Fig. 8, Elkotby discloses switching between using the ZE air interface or the Uu air interface based upon a cell signal strength exceeding a threshold for a time value. Here, one having ordinary skill in the art prior to the effective filing time of the claimed invention would have known that path loss is inversely proportional to signal strength and would have known that distance is inversely proportional to the square root of the signal strength).
Regarding Claim 4, Elkotby discloses the method of claim 2.
Elkotby further discloses wherein the switching between using the RFID-based communication mode and using the advanced communication mode is based on an energy level of an energy storage device of the UE (¶123-124 & Fig. 8, Elkotby discloses switching between using the ZE air interface or using the Uu air interface based upon a detection of a battery level exceeding a threshold).
Regarding Claim 5, Elkotby discloses the method of claim 4.
Elkotby further discloses wherein:
communicating with the network entity comprises communicating with the network entity using the RFID-based communication mode (¶122 & ¶124 & Fig. 8, Elkotby discloses communicating with the gNB using the ZE air interface); and
the method further comprises:
determining, while communicating with the network entity using the RFID-based communication mode, the energy level of the energy storage device of the UE is greater than or equal to a threshold energy level (¶124 & Fig. 8, Elkotby discloses determining, or detecting, a battery level exceeding a threshold while the WTRU is using ZE air interface); and
switching, based on the energy level being greater than or equal to the threshold energy level, from communicating using the RFID-based communication mode to communicating using the advanced communication mode (¶121 & ¶124 & Fig. 8, Elkotby discloses switching from using the ZE air interface to using the Uu air interface based upon a detection of a battery level exceeding, or being above, a threshold).
Regarding Claim 6, Elkotby discloses the method of claim 4.
Elkotby further discloses wherein:
communicating with the network entity comprises communicating with the network entity using the advanced communication mode (¶122 & Fig. 8, Elkotby discloses communicating with the gNB using the Uu air interface); and
the method further comprises:
determining, while communicating with the network entity using the advanced communication mode, the energy level is less than a threshold energy level (¶123 & Fig. 8, Elkotby discloses determining, or detecting, a battery level exceeding, or being below, a threshold); and
switching, based on the energy level being less than the threshold energy level, from communicating using the advanced communication mode to communicating using the RFID-based communication mode (¶123 & ¶124 & Fig. 8, Elkotby discloses switching from using the Uu air interface to using the ZE air interface based upon a detection of a battery level exceeding, or being below, a threshold).
Regarding Claim 7, Elkotby discloses the method of claim 2.
Elkotby further discloses [the method] further comprising transmitting a message to the network entity indicating the switch between communicating using the RFID-based communication mode and communicating using the advanced communication mode (¶130 & Fig. 9 (1.c. RRCSetupComplete (Uu->ZE Transition Request), Elkotby discloses transmitting a radio resource control (RRC) Setup Complete message indicating a switch from the Uu interface to using the ZE interface).
Regarding Claim 8, Elkotby discloses the method of claim 7.
Elkotby further discloses wherein transmitting the message indicating the switch comprises transmitting the message indicating the switch in one of
an early wake-up signal; or
a radio resource control (RRC) signal (¶130 & Fig. 9 (1.c. RRCSetupComplete (Uu->ZE Transition Request), Elkotby discloses that the message indicating a switch from using the UU air interface to the ZE air interface is a radio resource control (RRC) Setup Complete message) or
media access control-control element (MAC-CE) signal.
Regarding Claim 9, Elkotby discloses the method of claim 1.
Elkotby further discloses wherein communicating with the network entity comprises communicating with the network entity using the RFID-based communication mode (¶122 & Fig. 8, Elkotby discloses communicating with the gNB using the ZE air interface).
Regarding Claim 10, Elkotby discloses the method of claim 9.
Elkotby further discloses wherein communicating with the network entity using the RFID-based communication mode is based on at least one of:
a period of time in which the UE has no communication with the network entity equaling or exceeding a threshold amount of time (¶124 & Fig. 8, Elkotby discloses communicating with the gNB using the ZE air interface based upon expiration of a validity timer, T.sub.ZE,valid that limits a WTRU's idle/inactive mode operation using the passive receiver or based upon failure of the ZE receiver to detect a ZE signal with a specific transmission format (e.g., any of a paging message or a ZE measurement reference signal total period of time defined by a timer T.sub.ZE-RS,period);
a beam failure associated with a beam used for communicating with the network entity; or
a radio link failure between the UE and the network entity (¶124 & Fig. 8, Elkotby discloses communicating with the gNB using the ZE air interface based upon failure to receive a scheduled ZE reference signal for N.sub.ZE-RS,inst consecutive time instances).
Regarding Claim 11, Elkotby discloses the method of claim 9.
Elkotby further discloses [the method] further comprising switching from communicating with the network entity using the RFID-based communication mode to communicating with the network entity using the advanced communication mode upon expiration of a timer (¶121 & ¶124 & Fig. 8, Elkotby discloses switching from using the ZE air interface to using the Uu air interface based upon expiration of a validity timer, T.sub.ZE,valid that limits a WTRU's idle/inactive mode operation using the passive receiver or based upon failure of the ZE receiver to detect a ZE signal with a specific transmission format (e.g., any of a paging message or a ZE measurement reference signal total period of time defined by a timer T.sub.ZE-RS,period).
Regarding Claim 12, Elkotby discloses the method of claim 9.
Elkotby further discloses [the method] further comprising receiving, while communicating with the network entity using the RFID-based communication mode, a wake-up indication message from the network entity (¶122 & ¶124 & Fig. 8, Elkotby discloses receiving, while communicating with the gNB using the ZE air interface, a direct request over the Uu interface) indicating to the UE to switch from communicating with the network entity using the RFID-based communication mode to communicating using the advanced communication mode to receive data from the network entity (¶122 & ¶124 & Fig. 8, Elkotby discloses that the direct request indicates to the UE to switch from using the ZE air interface to using the Uu air interface).
Regarding Claim 25, Elkotby discloses the method of claim 9.
Elkotby further discloses [the method] further comprising:
receiving a signal from the network entity using the RFID-based communication mode (¶122 & ¶124 & Fig. 8, Elkotby discloses receiving, while communicating with the gNB using the ZE air interface, a direct request over the Uu air interface); and
performing a channel estimation procedure for a channel used for the communication with the network entity based on the received signal (¶102, Elkotby discloses performing channel estimation based upon entering a ZE RRC_IDLE state triggered by a direct request over the Uu air interface. ¶124, Elkotby also discloses measuring a signal strength over a period of time).
Regarding Claim 26, Elkotby discloses the method of claim 25.
Elkotby further discloses wherein performing the channel estimation procedure comprises at least one of:
measuring at least one of a time or frequency error associated with communications between the UE and the network entity,
performing one or more radio resource management measurements associated with communications between the UE and the network entity (¶124, Elkotby also discloses measuring a signal strength over a period of time),
measuring a reference signal received power (RSRP) associated with communications between the UE and the network entity (¶102, Elkotby discloses performing channel estimation based upon entering a ZE RRC_IDLE state triggered by a direct request over the Uu air interface. ¶124, Elkotby also discloses measuring a signal strength over a period of time), or
measuring a reference signal received quality (RSRQ) associated with communications between the UE and the network entity.
Regarding Claim 28, Elkotby discloses the method of claim 1.
Elkotby further discloses wherein the advanced communication comprises at least one of long term evolution (LTE)-based communication or fifth generation new radio (5G NR)-based communication (¶121-122 & Fig. 8 & ¶102 & ¶110, Elkotby discloses that the WTRU has a mode of operation using a Uu air interface according to 5G (New Radio)).
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.
Claims 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Elkotby in view of Huang et al. (US 20200015167 A1; hereinafter referred to as “Huang”) in further view of Liu et al. (US 20190200296 A1; hereinafter referred to as “Liu”).
Regarding Claim 13, Elkotby discloses the method of claim 12.
However, Elkotby does not disclose the method further comprises: generating a response message based on the wake-up indication message; and transmitting the response message to the network entity.
Huang, a prior art reference in the same field of endeavor, teaches the method further comprises:
generating a response message based on the wake-up indication message (¶80-84 & Fig. 7 (760), Huang discloses generating a packet based upon reception of a wake up packet); and
transmitting the response message to the network entity (¶80-84 & Fig. 7 (760), Huang discloses transmitting the packet based upon reception of the wake up packet).
It would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to modify Elkotby by generating a response message based on the wake-up indication message and transmitting the response message to the network entity as taught by Huang because utilizing the available capacity of a wireless network is improved (Huang, ¶3).
However, Elkotby in view of Huang does not disclose wherein: the wake-up indication message comprises a sequence of bits.
Liu, a prior art reference in the same field of endeavor, teaches wherein: the wake-up indication message comprises a sequence of bits (¶198, Liu discloses that the WUS comprises bits).
It would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to modify Elkotby in view of Huang by requiring that the wake-up indication message comprises a sequence of bits as taught by Liu because battery life is improved and power consumption is reduced at wireless devices by indicating a duration of the WUS (Liu, ¶4).
Regarding Claim 14, Elkotby in view of Huang in further view of Liu discloses the method of claim 13.
Liu, a prior art reference in the same field of endeavor, further teaches wherein generating the response message comprises one of:
flipping a sign of the sequence of bits of the wake-up indication message (¶122, Liu discloses reversing an order of bits in a wake-up signal in order to generate a wake-up signal aligned to an end of a subframe), or
applying a phase shift to the response message relative to a phase of the wake-up indication message.
It would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to modify Elkotby in view of Huang in further view of Liu by flipping a sign of the sequence of bits of the wake-up indication message as taught by Liu because battery life is improved and power consumption is reduced at wireless devices by indicating a duration of the WUS (Liu, ¶4).
Claim 29 is rejected under 35 U.S.C. 103 as being unpatentable over Elkotby in view of Hirata et al. (US 20240177107 A1; hereinafter referred to as “Hirata”).
Regarding Claim 29, Elkotby discloses the method of claim 1.
Elkotby further discloses wherein:
communicating with the network entity comprises communicating with the network entity using the advanced communication mode (¶122 & Fig. 8 & ¶119, Elkotby discloses communicating with the gNB using the Uu air interface where the Uu air interface operates according to New Radio).
However, Elkotby does not disclose the advanced communication mode comprises an energy harvesting (EH)-based communication mode that involves communication based on energy harvested from one or more wireless energy sources, including at least one of a solar energy source, a vibration energy source, a thermal energy source, or a radio frequency (RF) energy source.
Hirata, a prior art reference in the same field of endeavor, teaches the advanced communication mode comprises an energy harvesting (EH)-based communication mode that involves communication based on energy harvested from one or more wireless energy sources (¶93 & Fig. 7, Hirata discloses that a 5G device comprises a harvesting unit to perform energy harvesting over a frequency band deployed in 5G wireless system), including at least one of a solar energy source, a vibration energy source, a thermal energy source, or a radio frequency (RF) energy source (¶93 & Fig. 7, Hirata discloses that a 5G device includes an energy storage in the harvesting unit to store energy generated from a radio-frequency (RF) wave).
It would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to modify Elkotby by requiring that the advanced communication mode comprises an energy harvesting (EH)-based communication mode that involves communication based on energy harvested from one or more wireless energy sources, including at least one of a solar energy source, a vibration energy source, a thermal energy source, or a radio frequency (RF) energy source as taught by Liu because a produce recipient experience is improved by centrally managing a product recipient without forcing the product recipient to perform an additional procedure (Hirata, ¶5).
Allowable Subject Matter
Claims 15-24 and 27 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.
Internet Communications
Applicant is encouraged to submit a written authorization for Internet communications (PTO/SB/439, http://www.uspto.gov/sites/default/files/documents/sb0439.pdf) in the instant patent application to authorize the examiner to communicate with the applicant via email. The authorization will allow the examiner to better practice compact prosecution. The written authorization can be submitted via one of the following methods only: (1) Central Fax which can be found in the Conclusion section of this Office action; (2) regular postal mail; (3) EFS WEB; or (4) the service window on the Alexandria campus. EFS web is the recommended way to submit the form since this allows the form to be entered into the file wrapper within the same day (system dependent). Written authorization submitted via other methods, such as direct fax to the examiner or email, will not be accepted. See MPEP § 502.03.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC NOWLIN whose telephone number is (313)446-6544. The examiner can normally be reached M-F 12:00PM-10:00PM.
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/ERIC NOWLIN/Examiner, Art Unit 2474
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