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 .
Response to Arguments/Amendments
Applicant's amendment filed 2 March 2026, with regards to the Claim Objections of the dependent claims and claim 28, haver corrected the issues and the Claim Objection is withdrawn.
Applicant's arguments filed 2 March 2026, with regards to claim 16 and the claims dependent on claim 16, have been fully considered. The amendment to claim 16 necessitates further searching and are presented below.
Applicant's arguments filed 2 March 2026, with regards to claims 33-35, have been fully considered but they are not persuasive.
The Applicant argues that the prior art (US 2023/0028864 by Fan) fails to disclose “receiving radio signals simultaneously, at the same frequency, at a backscatter modulation circuitry.” The Examiner respectfully disagrees.
Fan discloses that the system operates simultaneously in paragraph 0048, “the wireless charging module utilizes a two antenna design to allow parallel operations of the energy harvesting and backscatter generation functions” and, in paragraph 0027, it is stated “signals at a common frequency.” Even if this was not present within Fan, the idea of “receiving radio signals simultaneously, at the same frequency” of two antennas near each other would already be inherent. The system cannot stop radio signals from reaching the antennas and therefore any radio signal present would reach both antennas and be the same frequency. However, this is a function of Fan as noted above. Therefore, the rejection is maintained.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(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.
Claims 33-35 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2023/0028864 by Fan et al. (Fan hereinafter).
Regarding claim 33, Fan discloses a method comprising receiving radio signals simultaneously [see at least paragraph 0048, “the wireless charging module utilizes a two antenna design to allow parallel operations of the energy harvesting and backscatter generation functions”], at the same frequency [see at least paragraph 0063], at a backscatter modulation circuitry [see at least Figure 2, (240)] via a first antenna element [see at least Figure 2, (210-2)] and at an energy harvesting circuitry [see at least Figure 2, (220)] via a second antenna element [see at least Figure 2, (210-1)].
Regarding claim 34, Fan discloses the method as claimed in claim 33, wherein the method further comprises: backscattering, by the backscatter modulation circuitry, radio frequency waves of a first frequency incident on the first antenna [see at least Figure 2, (240)] simultaneously [see at least paragraph 0048, “the wireless charging module utilizes a two antenna design to allow parallel operations of the energy harvesting and backscatter generation functions”] with energy harvesting from radio frequency waves of the first frequency incident on the second antenna by the energy harvesting circuitry [see at least Figure 2, (220)].
Regarding claim 35, Fan discloses a non-transitory computer readable medium comprising program instructions that, when executed by an apparatus, cause the apparatus to perform at least the following: receive radio signals simultaneously [see at least paragraph 0048, “the wireless charging module utilizes a two antenna design to allow parallel operations of the energy harvesting and backscatter generation functions”], at the same frequency [see at least paragraph 0063], at a backscatter modulation circuitry [see at least Figure 2, (240)] via a first antenna element [see at least Figure 2, (210-2)] and at an energy harvesting circuitry [see at least Figure 2, (220)] via a second antenna element [see at least Figure 2, (210-1)].
Claim Rejections - 35 USC § 103
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 16-21, 23-24, 26-28, 32 and 36-37 are rejected under 35 U.S.C. 103 as being unpatentable over US 2023/0028864 by Fan et al. (Fan hereinafter) in view of US 9,728,848 by Sammeta et al. (Sammeta hereinafter) in further view of US 2014/0368405 by Ek et al. (Ek hereinafter).
Regarding claim 16, Fan discloses an apparatus comprising: energy harvesting circuitry [see at least Figure 2, (220)]; backscatter modulation circuitry powered at least partially using energy provided by the energy harvesting circuitry [see at least Figure 2, (240)]; a first antenna element coupled via a first feed to the backscatter modulation circuitry [see at least Figure 2, (210-2)]; and a second antenna element coupled via a second feed to the energy harvesting circuitry [see at least Figure 2, (210-1)], wherein the apparatus is configured to receive radio signals simultaneously [see at least paragraphs 0008 and 0030], at the same frequency [see at least paragraph 0063], at the backscatter modulation circuitry via the first antenna element [see at least Figure 2, (240)] and at the energy harvesting circuitry via the second antenna element [see at least Figure 2, (220)].
Fan fails to disclose one or more electrical isolation elements (i) comprising one or more lumped or distributed reactive components and (ii) coupled between the first antenna element and the second antenna element at a first part of the first antenna element and a first part of the second antenna element. However, Sammeta discloses a dual antenna system [see at least Abstract; Figure 2] which uses reactive components [see at least Figure 2, (230), (240), (260) or (270)] coupled between a first antenna [see at least Figure 2, (210)] and a second antenna [see at least Figure 2, (220)].
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the Applicant's invention to modify the system of Fan to include the electrical isolation elements coupled between the two antennas, as disclosed by Sammeta, in order to reduce interference between the two antennas. Thus, increasing efficiency and reducing signal interference, signal distortion and mutual coupling.
Fan in view of Sammeta teach antennas, but fails to teach (a) the first antenna element extends from the first part of the first antenna element to a second part of the first antenna element in a first direction within a first plane parallel to a ground plane, (b) the second antenna element extends from the first part of the second antenna element to a second part of the second antenna element in a second direction within a second plane parallel to the ground plane, (c) the first plane and the second plane are co-planar and the first direction and the second direction are opposing directions. However, Ek discloses an antenna configuration [see at least Abstract; Figure 2] which has multiple antenna elements [see at least Figure 2, (3) and (4)] which has parallel elements in different directions [see at least Figure 2, (15) and (16)] and parallel to a ground plane [see at least Figure 2, (13)].
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the Applicant's invention to modify the system of Fan in view of Sammeta to include the antenna structure, as disclosed by Ek, in order to provide omni-directional coverage in a relatively small space. Thus, increasing the ability to harvest radio waves.
Regarding claim 17, Fan in view of Sammeta in further view of Ek teaches the apparatus as claimed in claim 16.
Fan discloses wherein the backscatter modulation circuitry is configured to backscatter radio frequency waves of a first frequency incident on the first antenna [see at least Figure 2, (240)] and the energy harvesting circuitry is configured to harvest energy from radio frequency waves of the first frequency incident on the second antenna [see at least Figure 2, (220)].
Regarding claim 18, Fan in view of Sammeta in further view of Ek teaches the apparatus as claimed in claim 16.
Fan discloses wherein the backscatter modulation circuitry is configured to backscatter radio frequency waves of the first frequency incident on the first antenna simultaneously with energy harvesting from radio frequency waves of the first frequency incident on the second antenna by the energy harvesting circuitry [see at least paragraphs 0008 and 0030; paragraph 0048, “the wireless charging module utilizes a two antenna design to allow parallel operations of the energy harvesting and backscatter generation functions”].
Regarding claim 19, Fan in view of Sammeta in further view of Ek teaches the apparatus as claimed in claim 16.
Fan discloses wherein the energy harvesting circuitry is configured to harvest energy from radio frequency waves of the first frequency incident on the second antenna simultaneously with backscatter of radio frequency waves of the first frequency incident on the first antenna by the backscatter modulation circuitry [see at least paragraphs 0008 and 0030; paragraph 0048, “the wireless charging module utilizes a two antenna design to allow parallel operations of the energy harvesting and backscatter generation functions”].
Regarding claim 20, Fan in view of Sammeta in further view of Ek teaches the apparatus as claimed in claim 16.
Fan discloses wherein the backscatter modulation circuitry is configured to backscatter radio frequency waves incident on the first antenna but not the second antenna and the energy harvesting circuitry is configured to harvest energy from radio frequency waves incident on the second antenna but not the first antenna [see at least Figure 2, (D); paragraph 0049].
Regarding claim 21, Fan in view of Sammeta in further view of Ek teaches the apparatus as claimed in claim 16.
Fan discloses wherein the first antenna element [see at least Figure 2, (210-2)] is distinct from the second antenna element [see at least Figure 2, (210-1)] and the first feed [see at least Figure 2, (240)] is distinct from the second feed [see at least Figure 2, (220)].
Regarding claim 23, Fan in view of Sammeta in further view of Ek teaches the apparatus as claimed in claim 16.
Fan discloses wherein the first feed is located adjacent to the second part of the first antenna element and the second feed is located adjacent to the second part of the second antenna element [see at least Figure 2].
Ek discloses wherein the second portion of the first antenna element [see at least Figure 2, (6)] and the second portion of the second antenna element [see at least Figure 2, (10)] are the most distant respective portions of the first antenna element and the second antenna element [These elements are at opposite corners].
Regarding claim 24, Fan in view of Sammeta in further view of Ek teaches the apparatus as claimed in claim 16.
Sammeta discloses wherein the first feed comprises a first capacitive feed element separated from the second part of the first antenna element [see at least Figure 2, (230)] and wherein the second feed comprises a second capacitive feed element separated from the second part of the second antenna element [see at least Figure 2, (240)].
Regarding claim 26, Fan in view of Sammeta in further view of Ek teaches the apparatus as claimed in claim 16.
Ek discloses wherein the first antenna element [see at least Figure 2, (15)] has a first length between the first part of the first antenna element and the second part of the first antenna element [see at least Figure 2, (6)] and the second antenna element [see at least Figure 2, (16)] has a second length between the first part of the second antenna element and the second part of the second antenna element [see at least Figure 2, (10)] wherein the first length and the second length are substantially the same [see at least paragraph 0042, “antennas 3, 4 are shown as having equal design”].
Regarding claim 27, Fan in view of Sammeta in further view of Ek teaches the apparatus as claimed in claim 16.
Ek discloses comprising a first grounding element separated from the first antenna element [see at least Figure 2, (6)], a second grounding element separated from the second antenna element [see at least Figure 2, (10)].
Sammeta discloses a first inductance connected between the first grounding element and the first antenna element [see at least Figure 2, (230)] and a second inductance connected between the second grounding element and the second antenna element [see at least Figure 2, (240)].
Regarding claim 28, Fan in view of Sammeta in further view of Ek teaches the apparatus as claimed in claim 27.
Ek discloses wherein the first grounding element extends from a ground plane [see at least Figure 2, (6) to (13)] and the second grounding element extends from the ground plane [see at least Figure 2, (10) to (13)].
Regarding claim 32, Fan in view of Sammeta in further view of Ek teaches the apparatus as claimed in claim 16.
Fan discloses wherein the apparatus is a passive radio and the received radio signals comprise activation signals of the passive radio [see at least Figure 4B; paragraph 0088].
Regarding claim 36, Fan in view of Sammeta in further view of Ek teaches the apparatus as claimed in claim 16.
Ek discloses wherein the first part of the first antenna element [see at least Figure 2, (15)] and the first part of the second antenna element [see at least Figure 2, (16)] are the closest respective portions of the first antenna element [These elements are the closest].
Sammeta discloses and the second antenna element and the apparatus further comprises one or more inductances coupled directly between the first antenna element and the second antenna element [see at least Figure 2, (230), (240), (260)].
Regarding claim 37, Fan in view of Sammeta in further view of Ek teaches the apparatus as claimed in claim 24, wherein the first capacitive feed element and the second capacitive feed element comprise an indirect non-galvanic feed with a physically separated gap [this appears to be simply the physical characteristics of capacitors in this broad sense, two conductive plates separated by a dielectric].
Claims 29-31 are rejected under 35 U.S.C. 103 as being unpatentable over US 2023/0028864 by Fan et al. (Fan hereinafter) in view of US 9,728,848 by Sammeta et al. (Sammeta hereinafter) in further view of US 2014/0368405 by Ek et al. (Ek hereinafter) and US 2020/0412591 by Lopez et al. (Lopez hereinafter).
Regarding claim 29, Fan in view of Sammeta in further view of Ek teaches the apparatus as claimed in claim 16.
Fan in view of Sammeta in further view of Ek fails to teach wherein the backscatter modulation circuitry is configured to switch between multiple different impedance states to vary backscatter reflection over time. However, Lopez discloses a technique for backscattering transmission [see at least Abstract] which provides this limitation [see at least Figure 6B, (604)].
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the Applicant's invention to modify the system of Fan in view of Sammeta in further view of Ek to utilize the impedance states, as disclosed by Lopez, to enable keying. Thus, allowing for accurate communication.
Regarding claim 30, Fan in view of Sammeta in further view of Ek teaches the apparatus as claimed in claim 16.
Fan in view of Sammeta in further view of Ek fails to teach comprising a single pole N throw switch, wherein the backscatter modulation circuitry is configured to switch between N different impedance states using the single pole N throw switch. However, Lopez discloses a technique for backscattering transmission [see at least Abstract] which provides this limitation [see at least Figure 6B, (604)].
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the Applicant's invention to modify the system of Fan in view of Sammeta in further view of Ek to utilize the impedance states, as disclosed by Lopez, to enable keying. Thus, allowing for accurate communication.
Regarding claim 31, Fan in view of Sammeta in further view of Ek teaches the apparatus as claimed in claim 16.
Fan in view of Sammeta in further view of Ek fails to teach wherein the backscatter circuitry is configured to provide binary phase shift keying. However, Lopez discloses a technique for backscattering transmission [see at least Abstract] which provides binary phase shift keying [see at least paragraph 0122].
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the Applicant's invention to modify the system of Fan in view of Sammeta in further view of Ek to utilize BPSK, as disclosed by Lopez, to enhance communication. Thus, allowing for accurate communication.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Joel Barnett whose telephone number is (571)272-2879. The examiner can normally be reached Monday - Friday, 9:00 AM - 5:00 PM EST.
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/JOEL BARNETT/Examiner, Art Unit 2836
/REGIS J BETSCH/SPE, Art Unit 2836
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