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 10/24/2024 and 04/24/2026 are considered by the examiner. The submission is in compliance with the provisions of 37 CFR 1.97.
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) 1-7 and 13-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Younis (US 2016/005440; hereinafter Younis).
Regarding claim 1, Younis shows a communication method (Figure 1 shows a reflector/reflecting device performing in part the disclosed method.), applicable to a terminal, the method comprising:
backscattering a first signal on a first channel (Figure 1; Par. 0010, 0049, 0080, 0092; noted reflectors reflect back a signal over a given frequency.);
wherein the first signal comprises at least one of a first preamble or a first carrier (Examiner elects this claim limitation for prosecution: Figure 1; Par. 0010, 0049, 0080, 0092; noted reflectors reflect back a signal over a given frequency. In a given example, the first reflector does a full sweep of the direction of the main lobe across the whole space using a frequency span of f0 to f1.), and the first signal is sent by a Wi-Fi device (Figure 1; Par. 0010, 0084; the signal is transmitted by a mobile device 185 operating in a Wi-Fi network.).
Regarding claim 2, Younis shows wherein in a case that the first signal comprises the first preamble, backscattering the first signal on the first channel comprises: backscattering the first signal over first frequency domain resources; wherein the first frequency domain resources comprise all frequency domain resources or all available frequency domain resources of the first channel, the first signal is transmitted over the first frequency domain resources (This group of claim limitations were not elected for prosecution due to the presence of alternative language in claim 1 to which claim 2 depends upon. Therefore, this claim is rejected based on the same reasoning as presented in claim 1.).
Regarding claim 3, Younis shows wherein in a case that the first signal comprises the first carrier, the communication method further comprises: transmitting data over the first frequency domain resources by backscattering based on the first carrier (Figure 1; Par. 0010, 0049, 0080, 0092; noted reflectors reflect back a signal over a given frequency. In a given example, the first reflector does a full sweep of the direction of the main lobe across the whole space using a frequency span of f0 to f1.).
Regarding claim 4, Younis shows wherein in a case that the first signal comprises the first preamble, backscattering the first signal on the first channel comprises: backscattering the first signal on a first sub-band; wherein the first sub-band is part of frequency domain resources in the first channel (This group of claim limitations were not elected for prosecution due to the presence of alternative language in claim 1 to which claim 4 depends upon. Therefore, this claim is rejected based on the same reasoning as presented in claim 1.).
Regarding claim 5, Younis shows wherein the first signal is transmitted on a second sub-band, and the second sub-band is part or all of the frequency domain resources, except the first sub-band, in the first channel (This group of claim limitations were not elected for prosecution due to the presence of alternative language in claims 1 and 4 to which claim 5 depends upon. Therefore, this claim is rejected based on the same reasoning as presented in claim 1.).
Regarding claim 6, Younis shows wherein in a case that the first signal comprises the first carrier, the communication method further comprises:
transmitting data on the first sub-band by backscattering based on the first carrier, wherein the first carrier is located in frequency domain resources, other than the first sub-band, in the first channel (Figure 1; Par. 0035, 0080, 0092; To enable a reflector to yield two angles, a composite reflector may include two collocated reflectors, one sweeping vertically and the other horizontally. Each of the collocated reflectors responds to a different sub-band of excitation.).
Regarding claim 7, Younis shows wherein the first preamble comprises at least one of a short training field (STF) or a long training field (LTF) (This group of claim limitations were not elected for prosecution due to the presence of alternative language in claim 1 to which claim 2 depends upon. Therefore, this claim is rejected based on the same reasoning as presented in claim 1.).
Regarding claim 13, Younis shows a terminal (Figure 1 shows a reflector/reflecting device performing in part the disclosed method.), comprising:
a processor and a memory configured to store one or more programs, which when executed by the processor (Par. 0160-0161; noted instructions stored in memory and executed by a processor to perform the disclosed method.), causes the terminal to:
backscatter a first signal on a first channel (Figure 1; Par. 0010, 0049, 0080, 0092; noted reflectors reflect back a signal over a given frequency.);
wherein the first signal comprises at least one of a first preamble or a first carrier (Examiner elects this claim limitation for prosecution: Figure 1; Par. 0010, 0049, 0080, 0092; noted reflectors reflect back a signal over a given frequency. In a given example, the first reflector does a full sweep of the direction of the main lobe across the whole space using a frequency span of f0 to f1.), and the first signal is sent by a Wi-Fi device (Figure 1; Par. 0010, 0084; the signal is transmitted by a mobile device 185 operating in a Wi-Fi network.).
Regarding claims 14, 15 and 16, these claims are rejected based on the same reasoning as presented in the rejection of claims 2, 3 and 4, respectively.
Regarding claim 17, Younis shows a network device (Figure 1 shows a mobile device performing in part the disclosed method.), comprising:
a processor and a memory configured to store one or more programs, which when executed by the processor (Par. 0160-0161; noted instructions stored in memory and executed by a processor to perform the disclosed method.), causes the network device to:
send a first signal on a first channel (Figure 1; Par. 0010, 0036, 0087; mobile device transmits a signal with a continually sweeping center frequency.);
wherein the first signal comprises at least one of a first preamble or a first carrier (Figure 1; Par. 0010, 0036, 0087; mobile device transmits a signal with a continually sweeping center frequency.), and the first signal is used to be backscattered by a terminal (Figure 1; Par. 0010, 0049, 0080, 0092; noted reflectors reflect back the signal.).
Regarding claim 18, Younis shows wherein in a case that the first signal comprises the first preamble, the first signal is used to be backscattered by the terminal over first frequency domain resources, the first frequency domain resources comprise all frequency domain resources or all available frequency domain resources of the first channel, and the first signal occupies the first frequency domain resources for transmission (This group of claim limitations were not elected for prosecution due to the presence of alternative language in claim 17 to which claim 18 depends upon. Therefore, this claim is rejected based on the same reasoning as presented in claim 17.).
Regarding claim 19, Younis shows wherein in a case that the first signal comprises the first carrier, the first carrier is used for the terminal to transmit data over the first frequency domain resources by backscattering (Figure 1; Par. 0010, 0049, 0080, 0092; noted reflectors reflect back a signal over a given frequency. In a given example, the first reflector does a full sweep of the direction of the main lobe across the whole space using a frequency span of f0 to f1.).
Regarding claim 20, Younis shows wherein in a case that the first signal comprises the first preamble, the first signal is used to be backscattered by the terminal on a first sub-band; wherein the first sub-band is part of frequency domain resources in the first channel (This group of claim limitations were not elected for prosecution due to the presence of alternative language in claim 17 to which claim 20 depends upon. Therefore, this claim is rejected based on the same reasoning as presented in claim 17.).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 8-12 are rejected under 35 U.S.C. 103 as being unpatentable over Younis in view of Herath et al. (US 2024/0146408; hereinafter Herath).
Regarding claim 8, Younis shows all of the elements except receiving first indication information from the Wi-Fi device; wherein the first indication information instructs the terminal to backscatter the first signal.
However, the above-mentioned claim limitations are well-established in the art as evidenced by Herath. Specifically, Herath shows receiving first indication information from the Wi-Fi device; wherein the first indication information instructs the terminal to backscatter the first signal (Par. 0103; a backscatter device receives a carrier signal from a carrier communication device, the carrier signal having a start time, which is a time that transmission of the carrier signal starts. The backscatter device produces a backscatter carrier signal from the received carrier signal.).
In view of the above, having the system of Younis, then given the well-established teaching of Herath, it would have been obvious before the effective filing date of the claimed invention to modify the system of Younis as taught by Herath, in order to provide motivation for avoiding backscatter transmission collisions (Par. 0011 of Herath).
Regarding claim 9, modified Younis shows wherein the first channel is a channel obtained by the Wi-Fi device in an unlicensed frequency band (Younis: Figure 1; Par. 0084; noted communications over Wi-Fi network involves an unlicensed frequency band.).
Regarding claim 10, modified Younis shows wherein: the first indication information comprises at least one of a first transmission duration or a first start time (Examiner elects this claim limitation for prosecution. Herath: Par. 0103; a backscatter device receives a carrier signal from a carrier communication device, the carrier signal having a start time, which is a time that transmission of the carrier signal starts. The backscatter device produces a backscatter carrier signal from the received carrier signal.);
wherein the first transmission duration is a transmission duration during which the terminal is capable of occupying the first channel, and the first start time is a start time when the terminal is capable of occupying the first channel (Herath: Par. 0103; a backscatter device receives a carrier signal from a carrier communication device, the carrier signal having a start time, which is a time that transmission of the carrier signal starts. The backscatter device produces a backscatter carrier signal from the received carrier signal.).
Regarding claim 11, modified Younis shows wherein in a case that the first indication information comprises the first transmission duration, the first transmission duration is part of a total duration indicated by a contention transmission opportunity (TXOP) occupied by the Wi-Fi device, and the first transmission duration is all or part of the total duration except a duration occupied by the Wi-Fi device for communication (This group of claim limitations were not elected for prosecution due to the presence of alternative language in claim 10 to which claim 11 depends upon. Therefore, this claim is rejected based on the same reasoning as presented in claim 11.).
Regarding claim 12, modified Younis shows wherein a time interval between a start time of backscattering communication of the terminal and an end time of communication of the Wi-Fi device is less than or equal to a first threshold, and the first threshold is 16 microseconds (Younis: Par. 0092-0093; reflectors delay the received radar signal by an internal delay before reflecting the signal back. These intentionally included delays are typically in a range between 0.5 microseconds and 3 microseconds. In a given example, reflectors may also have a property referred to as double-delayed-reflection (DDR). With DDR, the reflector generates two echoes. The first echo is delayed by d microseconds and may be referred to as the primary reflection. The second echo is lower in power (e.g., −10 dB relative to the primary reflection) and delayed by 2 d or 3 d microseconds.).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20240106532 A1 - BACKSCATTER COMMUNICATIONS
Any inquiry concerning this communication or earlier communications from the examiner should be directed to REDENTOR M PASIA whose telephone number is (571)272-9745. The examiner can normally be reached Mondays-Fridays 5am-245pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Un Cho can be reached at (571)272-7919. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/REDENTOR PASIA/Primary Examiner, Art Unit 2413
Prosecution Insights