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 .
This communication is response to claims filed on 09/29/24.
Claims 1-20 are presented for examination.
Information Disclosure Statement’s
4. The information disclosure statement(s) submitted on 02/24/26 have being considered by the examiner and made of record in the application file.
Priority
5. Acknowledgment is made of applicant's claim for foreign priority under 35 U.S.C. 119(a)-(d). Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Drawing
6. The drawings filed on 04/28/21 are accepted by the examiner.
Specification
7. The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. Examiner suggested to change the title to “INITIATING ESTABLISHMENT OF A BACKSCATTER COMMUNICATIONS (BSC) LINK”
Appropriate correction is required.
Claims Objections
8. Claims 1-20 are objected to because of minor informalities:
9. Claim 1, in part, recites, “…backscatter communications BSC link…in line 1. It’s suggested to amend it to: “backscatter communications (BSC) link”.
10. Claims 5, 15 & 18 are also objected for the same reason as claim 2 above.
11. Claims 1-14, 16-17 & 19 are also objected since they are depend upon objected independent claims set forth above.
12. Claim 1, in part, recites, “…a BSC system…in line 1. For consistency and clarification with “a BSC” recited in claim 1, line 1, it is suggested to change “a BSC system” in line , to “the BSC system”.
13. Claims 2-20 are also objected for the same reason as claim 1 above.
14. Claims 2-14, 16-17 & 19 are also objected since they are depend upon objected independent claims set forth above.
15. Claim 20, recites, “…first device, comprising a processor and a memory, wherein the memory stores a program or an instruction executable on the processor, and when the program or the instruction is executed by the processor, the steps of the method for initiating establishment of a BSC link according to claim 1 are performed.. It’s suggested to amend it to: “first device, comprising: a processor and a memory, wherein the memory stores a program or an instruction executable on the processor, and when the program or the instruction is executed by the processor, to perform receiving, by the first device, first information from the network side device, wherein the first information is used to initiate establishment of the BSC link.” to avoid hybrid claims.
Examiner Notes: The examiner encourages the applicants to thoroughly review all claims to avoid antecedent-basis and other minor objections.
Claim Rejections - 35 USC § 102
16. 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.
17. Claims 1-2, 4, 7-9, 12 & 15-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Mao et al. (hereinafter referred as Mao) European Patent Application EP 3 952 119 A1 (as disclosed in the IDS).
Regarding claims 1 & 20: Mao discloses a first device/method (See FIG. 3a; a receiving device), comprising
a processor (See FIG. 12 & Para. 0192; the receiving device includes a processor); and
a memory (See FIG. 12 & Para. 0192; the receiving device includes a memory), wherein the memory stores a program or an instruction executable on the processor, and when the program or the instruction is executed by the processor, the steps of:
receiving, by the first device, first information from the network side device (See Para. 0072; the receiving device receives a first indication information from the excitation device), wherein the first information is used to initiate establishment of the BSC link (See Para. 0073; The first indication information may be used to indicate the parameter of the first sequence. The parameter of the first sequence may include a sequence type of the first sequence, an initial value of the first sequence, and/or a sequence shift value of the first sequence).
Regarding claim 2: Mao discloses the method, wherein the receiving, by the first device, first information from the network side device comprises: receiving, by the first device, the first information transmitted by the network side device (See Fig. 3a & Para. 0072-0073).
Regarding claim 4: Mao discloses the method, wherein the first information is used to implement at least one of the following: instructing the first device to establish a BSC uplink or a BSC downlink (See FIG. 1 & Para. 0064; uplink or downlink connection to the network).
Regarding claim 7: Mao discloses the method, wherein the method further comprises: after the first device receives the first information or responds to the first information, establishing, by the first device, a BSC connection; and receiving, by the first device, BSC data transmitted by the network side device, and transmitting the BSC data to the BSC terminal (See FIG. 3a & Para. 0072-0073).
Regarding claim 8: Mao discloses the method, wherein the method further comprises: transmitting, by the first device, BSC data to the BSC terminal, wherein the BSC data is transmitted by the BSC terminal to the network side device through backscattering (See FIG. 3a & Para. 0072-0075).
Regarding claim 9: Mao discloses the method, wherein the method further comprises: receiving, by the first device, BSC data transmitted by the BSC terminal and forwarding the BSC data to the network side device (See FIG. 3a & Para. 0072-0075).
Regarding claim 12: Mao discloses the method, wherein the method further comprises: in a case that the first device receives the first information, stopping receiving, by the first device, the BSC data transmitted by the BSC terminal and stopping forwarding the BSC data to the network side device, wherein the first information comprises transmission stop indication information for the BSC data (See FIG. 3a & Para. 0072-0075).
Regarding claim 15: Mao discloses a method for initiating establishment of a backscatter communications BSC link, applied to a BSC system, wherein the BSC system comprises a first device, a network side device, and a BSC terminal (See FIG. 3a; Excitation device, backscatter device and receiving device), and the method comprises:
transmitting, by the network side device, first information to a target device (See Para. 0072; the receiving device receives a first indication information from the excitation device, wherein the first information is used to initiate establishment of the BSC link, and the target device comprises at least one of the following: the first device and the BSC terminal (See Para. 0073; The first indication information may be used to indicate the parameter of the first sequence. The parameter of the first sequence may include a sequence type of the first sequence, an initial value of the first sequence, and/or a sequence shift value of the first sequence).
Regarding claim 16: Mao discloses a method, wherein the transmitting, by the network side device, first information to a target device comprises: transmitting, by the network side device, the first information to the first device (See Fig. 3a & Para. 0072-0073).
Regarding claim 17: Mao discloses a method, wherein the method further comprises: transmitting, by the network side device, BSC data to the first device; or receiving, by the network side device, BSC data transmitted by the first device, wherein the BSC data is transmitted by the BSC terminal to the first device, wherein the transmitting, by the network side device, BSC data to the first device comprises: after the first device receives the first information or responds to the first information, transmitting, by the network side device, the BSC data to the first device (See FIG. 3a & Para. 0072-0073).
Regarding claim 18: Mao discloses a method for initiating establishment of a backscatter communications BSC link, applied to a BSC system, wherein the BSC system comprises a first device, a network side device, and a BSC terminal (See FIG. 3a; Excitation device, backscatter device and receiving device), and the method comprises:
receiving, by the BSC terminal, first information transmitted by the network side device; wherein the first information is used to initiate establishment of the BSC link (See Para. 0069; the backscatter device 20 may receive the first signal from the excitation device 10); and transmitting, by the BSC terminal, first tag indication information to the first device through backscattering based on the first information (See Para. 0067-0069; The backscatter device 20 modulates backscatter device data onto the first signal to obtain a second signal. The backscatter device 20 backscatters the second signal to the receiving device).
Regarding claim 19: Mao discloses a method, wherein the method further comprises: transmitting, by the BSC terminal, BSC data to the first device; or transmitting, by the BSC terminal, BSC data to the network side device, wherein the BSC data is transmitted through backscattering by the BSC terminal after receiving the BSC data of the first device (See FIG. 3a & Para. 0072-0073).
Claim Rejections - 35 USC § 103
18. 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.
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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
19. Claims 3 & 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Mao, in view of Yan et al. (hereinafter referred as Yan) US Patent Application Publication No. 2022/0390393 A1.
Regarding claim 3: Mao discloses the method, wherein the first information comprises at least one of the following: indication information for initiating establishment of the BSC link (See Fig. 3a & Para. 0072-0073); wherein the BSC transmission mode information comprises at least one of the following: a transmission start time (See Para. 0069; time length of the first signal); wherein the first tag indication information comprises at least one of the following: indication information for BSC uplink establishment (See Para. 0072-0073).
Mao dos not explicitly discloses wherein the BSC transmission mode information comprises at least one of the following: a transmission start time.
However, Yan from the same field of endeavor discloses wherein the BSC transmission mode information comprises at least one of the following: a transmission start time (See Para. 0090; start time).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include wherein the BSC transmission mode information comprises at least one of the following: a transmission start time as taught by Mao in the system of Yan in order to improve reading performance of backscatter communication (See Para. 0024; lines 8-9).
Regarding claim 5: The combination of Mao and Yan discloses the method.
Furthermore, Yan discloses the method, wherein when the first information is transmitted through an air interface, the first information is indicated in at least one of the following manners: downlink control information DCI (See Para. 0091; DCI).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include wherein when the first information is transmitted through an air interface, the first information is indicated in at least one of the following manners: downlink control information DCI as taught by Mao in the system of Yan in order to improve reading performance of backscatter communication (See Para. 0024; lines 8-9).
Regarding claim 6: The combination of Mao and Yan discloses the method.
Furthermore, Yan discloses the method, wherein the first information is further used to implement a TAG operation, comprising at least one of the following: select (See Para. 009 & 0026; selecting a corresponding time range for modulation).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include wherein the first information is further used to implement a TAG operation, comprising at least one of the following: select as taught by Mao in the system of Yan in order to improve reading performance of backscatter communication (See Para. 0024; lines 8-9).
Allowable Subject Matter
20. Claims are 10-11 & 13-14 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
21. The prior art of record and not relied upon is considered pertinent to applicant’s disclosure.
A. Jeon et al. 2025/0351194 A1 (Title: Random access for internet-of things devices…) (See Abstract, Para. 0012 & 0037-0038).
B. Zalewski et al. 2024/0340034 A1 (Title: Packet tracking energy harvesting device for..) (See abstract, Para. 0006 & 00813-0016).
C. Zalewski et al. 2020/0244297 A1 (Title: wireless coded communication device with power ..) (See abstract, Para. 0006 & 00813-0016).
22. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MEWALE A AMBAYE whose telephone number is (571)270-1076. The examiner can normally be reached on M.F 6a.m.-2p.m..
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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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/MEWALE A AMBAYE/Primary Examiner, Art Unit 2469
Prosecution Insights