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 12/01/24 & 07/20/26 has been considered by the examiner.
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.
Claim(s) 1-9 and 14-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over SHRESTHA et al. (US Patent Publication 2023/0296722 herein after referenced as Shrestha).
Regarding claim 1, Shrestha discloses:
A method for information transmission of backscatter communication, comprising: (Shrestha, Abstract discloses A wireless communication device, WCD, transmits one or more uplink transmissions, obtains backscattering measurements for the one or more uplink transmissions, and reports the backscattering measurements (i.e. reads on information transmission of backscatter communication) to a wireless communication network. A network node in the wireless communication network receives the backscattering measurements, and estimates an environment of the WCD based on the backscattering measurements. The network node may for example schedule a transmission, select beamforming, or adapt a positioning reference signal configuration based on the estimated environment of the WCD).
sending, by a terminal, first information to a network side device, (Shrestha, Abstract discloses A wireless communication device, WCD, (i.e. reads on by a terminal) transmits one or more uplink transmissions, obtains backscattering measurements for the one or more uplink transmissions, and reports the backscattering measurements (i.e. reads on sending first information) to a wireless communication network. A network node (i.e. reads on to a network side device) in the wireless communication network receives the backscattering measurements, and estimates an environment of the WCD based on the backscattering measurements. The network node may for example schedule a transmission, select beamforming, or adapt a positioning reference signal configuration based on the estimated environment of the WCD; Shrestha, [0035] discloses The WCD may for example be a user equipment UE. Examples of UE are … mobile terminals).
Shrestha discloses in one embodiment that the backscattering measurements are reported to the network node and is utilized in scheduling a transmission but fails to explicitly recite that the scheduling involves updating or adjusting or adapting the configuration or transmission and therefore fails to disclose in the same embodiment, the limitations of “wherein the first information is used for configuration update or transmission adjustment related to backscatter communication, and the first information comprises at least one of the following: inventory-related information; information related to backscattering of a backscatter device; or information related to a carrier wave or a control command.”
In a different embodiment, Shrestha discloses:
wherein the first information is used for configuration update or transmission adjustment related to backscatter communication, (Shrestha, [0048] discloses The method 400 comprises estimating 403 an environment of the WCD based on the backscattering measurements (i.e. reads on wherein the first information is used for and reads on related to backscatter communication). The network node may for example create a model or digital twin of the environment of the WCD; Shrestha, [0050] discloses The method 400 may for example comprise scheduling 404 a transmission based on the estimated environment of the WCD. The scheduled transmission may for example be a downlink transmission to the WCD or an uplink transmission from the WCD. Scheduling may for example be adapted to the environment of the WCD in the sense that a frequency resource and/or a time resource and/or a coding and/or a transmission scheme and/or a transmission power of a transmission is adapted (i.e. reads on configuration update or transmission adjustment) based on the environment, for example to make the transmission more robust/reliable in a less favorable environment for radio transmissions).
and the first information comprises at least one of the following: (Shrestha, [0048] discloses The method 400 comprises estimating 403 an environment of the WCD based on the backscattering measurements (i.e. reads on and the first information comprises: information). The network node may for example create a model or digital twin of the environment of the WCD; Shrestha, [0050] discloses The method 400 may for example comprise scheduling 404 a transmission based on the estimated environment of the WCD. The scheduled transmission may for example be a downlink transmission to the WCD or an uplink transmission from the WCD. Scheduling may for example be adapted to the environment of the WCD in the sense that a frequency resource (i.e. reads on related to a carrier wave) and/or a time resource and/or a coding and/or a transmission scheme and/or a transmission power of a transmission is adapted based on the environment, for example to make the transmission more robust/reliable in a less favorable environment for radio transmissions; Shrestha, [0158] discloses the base station transmits to the UE the user data which was carried in the transmission that the host computer initiated, in accordance with the teachings of the embodiments described throughout this disclosure. EXAMINER’S NOTE: The examiner notes that the claims are written in an alternative limitation format requiring and contingent on the selection of only one of various alternative options presented and as such the non-selected alternative options are crossed out (i.e. the limitations reciting “inventory-related information; information related to backscattering of a backscatter device; or” and “or a control command”) and are not given patentable weight as being directed towards limitations that are not required to be performed as is indicated in MPEP 2143.03 that recites “Language that suggests or makes a feature or step optional but does not require that feature or step does not limit the scope of a claim under the broadest reasonable claim interpretation. In addition, when a claim requires selection of an element from a list of alternatives, the prior art teaches the element if one of the alternatives is taught by the prior art” and in MPEP 2111.04, Section ll that recites “The broadest reasonable interpretation of a claim having contingent limitations requires only those steps that must be performed and does not include steps that are not required to be performed because the condition precedent are not met”).
Therefore, at the time before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to modify the invention of Shrestha to incorporate the teachings of the different embodiments for the purpose of conforming to the intent of the invention to modify and combine the various different embodiment (Shrestha, [0163]-[0164]) to make the system more dynamic and adaptable by providing the system with various different alternatives in design and functionality, thereby allowing the system to handle a number of various different combination of specific design structure and scenarios and preventing the system from being limited to a single specific design structure and scenario (Shrestha, [0163]-[0164]) and furthermore, one of ordinary skill in the art would recognize based on the guidelines to rationales supporting a conclusion of obviousness seen on MPEP 2143, that the modification would involve use of a simple substitution of one known element and base device (i.e. performing a process of an embodiment of reporting backscatter measurements to a network node that are utilized for scheduling a transmission as taught by Shrestha) with another known element and comparable device utilizing a known technique (i.e. performing a process of a similar embodiment of reporting backscatter measurements to a network node that are utilized for scheduling a transmission with additional and/or alternative features and functionalities of the other embodiments as taught by Shrestha) to improve the similar devices in the same way and to obtain the predictable result of the system performing a process of an embodiment of reporting backscatter measurements to a network node that are utilized for scheduling a transmission (i.e. as taught by Shrestha) and is dependent upon the specific intended use, design incentives, needs and requirements (i.e. such as due to teachings of a known standard, current technology, conservation of resources, personal preferences, economic considerations, etc.) of the user and the system as has been established in MPEP 2144.04.
Regarding claim 2, Shrestha discloses:
The method according to claim 1, (see claim 1).
(EXAMINER’S NOTE: The examiner notes that the claims are written in a contingent limitation format directed towards limitations contingent on a selection of a non-selected alternative option recited in the preceding limitations and as such are crossed out (i.e. the limitations reciting “wherein the inventory-related information comprises at least one of the following: a recommended value of Q, wherein Q is a parameter used for managing a response probability of the backscatter device; a suggested value for increasing Q; a suggested value for reducing Q; an expected quantity of backscatter devices controlled by a control command at a time; a recommended value of N, wherein the terminal reports, after each N rounds of inventory, backscattering information received by the terminal to the network side device; or a recommended inventory method”) and are not given patentable weight as being directed towards limitations that are not required to be performed as is indicated in MPEP 2143.03 and in MPEP 2111.04, Section ll).
Regarding claim 3, Shrestha discloses:
The method according to claim 2, (see claim 2).
(EXAMINER’S NOTE: The examiner notes that the claims are written in a contingent limitation format directed towards limitations contingent on a selection of a non-selected alternative option recited in the preceding limitations and as such are crossed out (i.e. the limitations reciting “wherein the recommended inventory method comprises at least one of the following: inventory of a single backscatter device; inventory of a plurality of backscatter devices; or whether the terminal participates in sending a specific control command to assist the network side device in performing inventory of the backscatter device”) and are not given patentable weight as being directed towards limitations that are not required to be performed as is indicated in MPEP 2143.03 and in MPEP 2111.04, Section ll).
Regarding claim 4, Shrestha discloses:
The method according to claim 1, (see claim 1).
(EXAMINER’S NOTE: The examiner notes that the claims are written in a contingent limitation format directed towards limitations contingent on a selection of a non-selected alternative option recited in the preceding limitations and as such are crossed out (i.e. the limitations reciting “wherein the information related to backscattering of the backscatter device comprises at least one of the following: information on reception of backscattering information of the backscatter device; or transmission parameter adjustment information of the backscatter device”) and are not given patentable weight as being directed towards limitations that are not required to be performed as is indicated in MPEP 2143.03 and in MPEP 2111.04, Section ll).
Regarding claim 5, Shrestha discloses:
The method according to claim 4, (see claim 4).
(EXAMINER’S NOTE: The examiner notes that the claims are written in a contingent limitation format directed towards limitations contingent on a selection of a non-selected alternative option recited in the preceding limitations and as such are crossed out (i.e. the limitations reciting “wherein the information on reception of backscattering information of the backscatter device comprises at least one of the following: statistics of a number of times of unsuccessful receptions of the backscattering information; statistics of a number of times of successful receptions of the backscattering information; or reason information of unsuccessful reception of the backscattering information”) and are not given patentable weight as being directed towards limitations that are not required to be performed as is indicated in MPEP 2143.03 and in MPEP 2111.04, Section ll).
Regarding claim 6, Shrestha discloses:
The method according to claim 1, (see claim 1).
wherein the information related to a carrier wave at least one of the following: transmission parameter adjustment information of the carrier wave (Shrestha, [0050] discloses The method 400 may for example comprise scheduling 404 a transmission based on the estimated environment of the WCD. The scheduled transmission may for example be a downlink transmission to the WCD or an uplink transmission from the WCD. Scheduling may for example be adapted to the environment of the WCD in the sense that a frequency resource and/or a time resource and/or a coding and/or a transmission scheme and/or a transmission power of a transmission is adapted based on the environment, for example to make the transmission more robust/reliable in a less favorable environment for radio transmissions. EXAMINER’S NOTE: The examiner notes that the claims are written in an alternative limitation format requiring and contingent on the selection of only one of various alternative options presented and as such the non-selected alternative options are crossed out (i.e. the limitations reciting “or a control command” and “or the control command; or format adjustment information of the control command”) and are not given patentable weight as being directed towards limitations that are not required to be performed as is indicated in MPEP 2143.03 and in MPEP 2111.04, Section ll).
Regarding claim 7, Shrestha discloses:
The method according to claim 4, (see claim 4).
(EXAMINER’S NOTE: The examiner notes that the claims are written in a contingent limitation format directed towards limitations contingent on a selection of a non-selected alternative option recited in the preceding limitations and as such are crossed out (i.e. the limitations reciting “wherein the transmission parameter adjustment information comprises: a recommended value of a transmission parameter, or a recommended adjustment strategy for the transmission parameter”) and are not given patentable weight as being directed towards limitations that are not required to be performed as is indicated in MPEP 2143.03 and in MPEP 2111.04, Section ll).
Regarding claim 8, Shrestha discloses:
The method according to claim 7, (see claim 7).
(EXAMINER’S NOTE: The examiner notes that the claims are written in a contingent limitation format directed towards limitations contingent on a selection of a non-selected alternative option recited in the preceding limitations and as such are crossed out (i.e. the limitations reciting “wherein the transmission parameter comprises at least one of the following: a time domain resource; a frequency domain resource; a transmitting power; a transmitting frequency band; a center frequency; a modulation scheme; or an encoding mode”) and are not given patentable weight as being directed towards limitations that are not required to be performed as is indicated in MPEP 2143.03 and in MPEP 2111.04, Section ll).
Regarding claim 9, Shrestha discloses:
The method according to claim 6, (see claim 6).
(EXAMINER’S NOTE: The examiner notes that the claims are written in a contingent limitation format directed towards limitations contingent on a selection of a non-selected alternative option recited in the preceding limitations and as such are crossed out (i.e. the limitations reciting “wherein the format adjustment information of the control command comprises at least one of the following: a recommended channel length of the control command; a recommended code rate of control command encoding; or a recommended encoding mode of the control command”) and are not given patentable weight as being directed towards limitations that are not required to be performed as is indicated in MPEP 2143.03 and in MPEP 2111.04, Section ll).
Regarding claim 14, Shrestha discloses:
A method for information transmission of backscatter communication, comprising: (Shrestha, Abstract discloses A wireless communication device, WCD, transmits one or more uplink transmissions, obtains backscattering measurements for the one or more uplink transmissions, and reports the backscattering measurements (i.e. reads on information transmission of backscatter communication) to a wireless communication network. A network node in the wireless communication network receives the backscattering measurements, and estimates an environment of the WCD based on the backscattering measurements. The network node may for example schedule a transmission, select beamforming, or adapt a positioning reference signal configuration based on the estimated environment of the WCD).
receiving, by a network side device, first information sent by a terminal participating in backscatter communication; (Shrestha, Abstract discloses A wireless communication device, WCD, transmits (i.e. reads on sent by a terminal) one or more uplink transmissions, obtains backscattering measurements (i.e. reads on participating in backscatter communication) for the one or more uplink transmissions, and reports the backscattering measurements (i.e. reads on receiving first information) to a wireless communication network. A network node (i.e. reads on by a network side device) in the wireless communication network receives the backscattering measurements, and estimates an environment of the WCD based on the backscattering measurements. The network node may for example schedule a transmission, select beamforming, or adapt a positioning reference signal configuration based on the estimated environment of the WCD; Shrestha, [0035] discloses The WCD may for example be a user equipment UE. Examples of UE are … mobile terminals).
Shrestha discloses in one embodiment that the backscattering measurements are reported to the network node and is utilized in scheduling a transmission but fails to explicitly recite that the scheduling involves updating or adjusting or adapting the configuration or transmission and therefore fails to disclose in the same embodiment, the limitations of “and performing, by the network side device, configuration update or transmission adjustment related to backscatter communication based on the first information, wherein the first information comprises at least one of the following: inventory-related information; information related to backscattering of a backscatter device; or information related to a carrier wave or a control command.”
In a different embodiment, Shrestha discloses:
and performing, by the network side device, configuration update or transmission adjustment related to backscatter communication based on the first information, (Shrestha, [0048] discloses The method 400 comprises estimating 403 an environment of the WCD based on the backscattering measurements (i.e. reads on based on the first information and reads on related to backscatter communication). The network node (i.e. reads on performing by the network side device) may for example create a model or digital twin of the environment of the WCD; Shrestha, [0050] discloses The method 400 may for example comprise scheduling 404 a transmission based on the estimated environment of the WCD. The scheduled transmission may for example be a downlink transmission to the WCD or an uplink transmission from the WCD. Scheduling may for example be adapted to the environment of the WCD in the sense that a frequency resource and/or a time resource and/or a coding and/or a transmission scheme and/or a transmission power of a transmission is adapted (i.e. reads on configuration update or transmission adjustment) based on the environment, for example to make the transmission more robust/reliable in a less favorable environment for radio transmissions).
wherein the first information comprises at least one of the following: information related to a carrier wave (Shrestha, [0048] discloses The method 400 comprises estimating 403 an environment of the WCD based on the backscattering measurements (i.e. reads on and the first information comprises: information). The network node may for example create a model or digital twin of the environment of the WCD; Shrestha, [0050] discloses The method 400 may for example comprise scheduling 404 a transmission based on the estimated environment of the WCD. The scheduled transmission may for example be a downlink transmission to the WCD or an uplink transmission from the WCD. Scheduling may for example be adapted to the environment of the WCD in the sense that a frequency resource (i.e. reads on related to a carrier wave) and/or a time resource and/or a coding and/or a transmission scheme and/or a transmission power of a transmission is adapted based on the environment, for example to make the transmission more robust/reliable in a less favorable environment for radio transmissions; Shrestha, [0158] discloses the base station transmits to the UE the user data which was carried in the transmission that the host computer initiated, in accordance with the teachings of the embodiments described throughout this disclosure. EXAMINER’S NOTE: The examiner notes that the claims are written in an alternative limitation format requiring and contingent on the selection of only one of various alternative options presented and as such the non-selected alternative options are crossed out (i.e. the limitations reciting “inventory-related information; information related to backscattering of a backscatter device; or” and “or a control command”) and are not given patentable weight as being directed towards limitations that are not required to be performed as is indicated in MPEP 2143.03 that recites “Language that suggests or makes a feature or step optional but does not require that feature or step does not limit the scope of a claim under the broadest reasonable claim interpretation. In addition, when a claim requires selection of an element from a list of alternatives, the prior art teaches the element if one of the alternatives is taught by the prior art” and in MPEP 2111.04, Section ll that recites “The broadest reasonable interpretation of a claim having contingent limitations requires only those steps that must be performed and does not include steps that are not required to be performed because the condition precedent are not met”).
Therefore, at the time before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to modify the invention of Shrestha to incorporate the teachings of the different embodiments for the purpose of conforming to the intent of the invention to modify and combine the various different embodiment (Shrestha, [0163]-[0164]) to make the system more dynamic and adaptable by providing the system with various different alternatives in design and functionality, thereby allowing the system to handle a number of various different combination of specific design structure and scenarios and preventing the system from being limited to a single specific design structure and scenario (Shrestha, [0163]-[0164]) and furthermore, one of ordinary skill in the art would recognize based on the guidelines to rationales supporting a conclusion of obviousness seen on MPEP 2143, that the modification would involve use of a simple substitution of one known element and base device (i.e. performing a process of an embodiment of reporting backscatter measurements to a network node that are utilized for scheduling a transmission as taught by Shrestha) with another known element and comparable device utilizing a known technique (i.e. performing a process of a similar embodiment of reporting backscatter measurements to a network node that are utilized for scheduling a transmission with additional and/or alternative features and functionalities of the other embodiments as taught by Shrestha) to improve the similar devices in the same way and to obtain the predictable result of the system performing a process of an embodiment of reporting backscatter measurements to a network node that are utilized for scheduling a transmission (i.e. as taught by Shrestha) and is dependent upon the specific intended use, design incentives, needs and requirements (i.e. such as due to teachings of a known standard, current technology, conservation of resources, personal preferences, economic considerations, etc.) of the user and the system as has been established in MPEP 2144.04.
Regarding claim 15, Shrestha discloses:
The method according to claim 14, (see claim 14).
(EXAMINER’S NOTE: The examiner notes that the claims are written in a contingent limitation format directed towards limitations contingent on a selection of a non-selected alternative option recited in the preceding limitations and as such are crossed out (i.e. the limitations reciting “wherein the inventory-related information comprises at least one of the following: a recommended value of Q, wherein Q is a parameter used for managing a response probability of the backscatter device; a suggested value for increasing Q; a suggested value for reducing Q; an expected quantity of backscatter devices controlled by a control command at a time; a recommended value of N, wherein the terminal reports, after each N rounds of inventory, backscattering information received by the terminal to the network side device; or a recommended inventory method”) and are not given patentable weight as being directed towards limitations that are not required to be performed as is indicated in MPEP 2143.03 and in MPEP 2111.04, Section ll).
Regarding claim 16, Shrestha discloses:
The method according to claim 15, (see claim 15).
(EXAMINER’S NOTE: The examiner notes that the claims are written in a contingent limitation format directed towards limitations contingent on a selection of a non-selected alternative option recited in the preceding limitations and as such are crossed out (i.e. the limitations reciting “wherein the recommended inventory method comprises at least one of the following: inventory of a single backscatter device; inventory of a plurality of backscatter devices; or whether the terminal participates in sending a specific control command to assist the network side device in performing inventory of the backscatter device”) and are not given patentable weight as being directed towards limitations that are not required to be performed as is indicated in MPEP 2143.03 and in MPEP 2111.04, Section ll).
Regarding claim 17, Shrestha discloses:
The method according to claim 14, (see claim 14).
(EXAMINER’S NOTE: The examiner notes that the claims are written in a contingent limitation format directed towards limitations contingent on a selection of a non-selected alternative option recited in the preceding limitations and as such are crossed out (i.e. the limitations reciting “wherein the information related to backscattering of the backscatter device comprises at least one of the following: information on reception of backscattering information of the backscatter device; or transmission parameter adjustment information of the backscatter device”) and are not given patentable weight as being directed towards limitations that are not required to be performed as is indicated in MPEP 2143.03 and in MPEP 2111.04, Section ll).
Regarding claim 18, Shrestha discloses:
The method according to claim 17, (see claim 17).
(EXAMINER’S NOTE: The examiner notes that the claims are written in a contingent limitation format directed towards limitations contingent on a selection of a non-selected alternative option recited in the preceding limitations and as such are crossed out (i.e. the limitations reciting “wherein the information on reception of backscattering information of the backscatter device comprises at least one of the following: statistics of a number of times of unsuccessful receptions of the backscattering information; statistics of a number of times of successful receptions of the backscattering information; or reason information of unsuccessful reception of the backscattering information”) and are not given patentable weight as being directed towards limitations that are not required to be performed as is indicated in MPEP 2143.03 and in MPEP 2111.04, Section ll).
Regarding claim 19, Shrestha discloses:
The method according to claim 14, (see claim 14).
wherein the information related to a carrier wave at least one of the following: transmission parameter adjustment information of the carrier wave (Shrestha, [0050] discloses The method 400 may for example comprise scheduling 404 a transmission based on the estimated environment of the WCD. The scheduled transmission may for example be a downlink transmission to the WCD or an uplink transmission from the WCD. Scheduling may for example be adapted to the environment of the WCD in the sense that a frequency resource and/or a time resource and/or a coding and/or a transmission scheme and/or a transmission power of a transmission is adapted based on the environment, for example to make the transmission more robust/reliable in a less favorable environment for radio transmissions. EXAMINER’S NOTE: The examiner notes that the claims are written in an alternative limitation format requiring and contingent on the selection of only one of various alternative options presented and as such the non-selected alternative options are crossed out (i.e. the limitations reciting “or a control command” and “or the control command; or format adjustment information of the control command”) and are not given patentable weight as being directed towards limitations that are not required to be performed as is indicated in MPEP 2143.03 and in MPEP 2111.04, Section ll).
Regarding claim 20, Shrestha discloses:
A terminal, comprising: a memory storing a computer program; and a processor coupled to the memory and configured to execute the computer program to perform operations comprising: sending first information to a network side device, (Shrestha, Abstract discloses A wireless communication device, WCD, (i.e. reads on a terminal) transmits one or more uplink transmissions, obtains backscattering measurements for the one or more uplink transmissions, and reports the backscattering measurements (i.e. reads on sending first information) to a wireless communication network. A network node (i.e. reads on to a network side device) in the wireless communication network receives the backscattering measurements, and estimates an environment of the WCD based on the backscattering measurements. The network node may for example schedule a transmission, select beamforming, or adapt a positioning reference signal configuration based on the estimated environment of the WCD; Shrestha, [0035] discloses The WCD may for example be a user equipment UE. Examples of UE are … mobile terminals; Shrestha, [0125] discloses For example, processing circuitry 1470 may execute instructions stored in device readable medium 1480 or in memory within processing circuitry 1470. Such functionality may include providing any of the various wireless features, functions, or benefits discussed herein. One of ordinary skill in the art would recognize that it is inherent for a complex device such as the WCD to include processing circuitry and memory storing instructions in order to be able to perform the disclosed functionalities).
Shrestha discloses in one embodiment that the backscattering measurements are reported to the network node and is utilized in scheduling a transmission but fails to explicitly recite that the scheduling involves updating or adjusting or adapting the configuration or transmission and therefore fails to disclose in the same embodiment, the limitations of “wherein the first information is used for configuration update or transmission adjustment related to backscatter communication, and the first information comprises at least one of the following: inventory-related information; information related to backscattering of a backscatter device; or information related to a carrier wave or a control command.”
In a different embodiment, Shrestha discloses:
wherein the first information is used for configuration update or transmission adjustment related to backscatter communication, (Shrestha, [0048] discloses The method 400 comprises estimating 403 an environment of the WCD based on the backscattering measurements (i.e. reads on wherein the first information is used for and reads on related to backscatter communication). The network node may for example create a model or digital twin of the environment of the WCD; Shrestha, [0050] discloses The method 400 may for example comprise scheduling 404 a transmission based on the estimated environment of the WCD. The scheduled transmission may for example be a downlink transmission to the WCD or an uplink transmission from the WCD. Scheduling may for example be adapted to the environment of the WCD in the sense that a frequency resource and/or a time resource and/or a coding and/or a transmission scheme and/or a transmission power of a transmission is adapted (i.e. reads on configuration update or transmission adjustment) based on the environment, for example to make the transmission more robust/reliable in a less favorable environment for radio transmissions).
and the first information comprises at least one of the following: (Shrestha, [0048] discloses The method 400 comprises estimating 403 an environment of the WCD based on the backscattering measurements (i.e. reads on and the first information comprises: information). The network node may for example create a model or digital twin of the environment of the WCD; Shrestha, [0050] discloses The method 400 may for example comprise scheduling 404 a transmission based on the estimated environment of the WCD. The scheduled transmission may for example be a downlink transmission to the WCD or an uplink transmission from the WCD. Scheduling may for example be adapted to the environment of the WCD in the sense that a frequency resource (i.e. reads on related to a carrier wave) and/or a time resource and/or a coding and/or a transmission scheme and/or a transmission power of a transmission is adapted based on the environment, for example to make the transmission more robust/reliable in a less favorable environment for radio transmissions; Shrestha, [0158] discloses the base station transmits to the UE the user data which was carried in the transmission that the host computer initiated, in accordance with the teachings of the embodiments described throughout this disclosure. EXAMINER’S NOTE: The examiner notes that the claims are written in an alternative limitation format requiring and contingent on the selection of only one of various alternative options presented and as such the non-selected alternative options are crossed out (i.e. the limitations reciting “inventory-related information; information related to backscattering of a backscatter device; or” and “or a control command”) and are not given patentable weight as being directed towards limitations that are not required to be performed as is indicated in MPEP 2143.03 that recites “Language that suggests or makes a feature or step optional but does not require that feature or step does not limit the scope of a claim under the broadest reasonable claim interpretation. In addition, when a claim requires selection of an element from a list of alternatives, the prior art teaches the element if one of the alternatives is taught by the prior art” and in MPEP 2111.04, Section ll that recites “The broadest reasonable interpretation of a claim having contingent limitations requires only those steps that must be performed and does not include steps that are not required to be performed because the condition precedent are not met”).
Therefore, at the time before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to modify the invention of Shrestha to incorporate the teachings of the different embodiments for the purpose of conforming to the intent of the invention to modify and combine the various different embodiment (Shrestha, [0163]-[0164]) to make the system more dynamic and adaptable by providing the system with various different alternatives in design and functionality, thereby allowing the system to handle a number of various different combination of specific design structure and scenarios and preventing the system from being limited to a single specific design structure and scenario (Shrestha, [0163]-[0164]) and furthermore, one of ordinary skill in the art would recognize based on the guidelines to rationales supporting a conclusion of obviousness seen on MPEP 2143, that the modification would involve use of a simple substitution of one known element and base device (i.e. performing a process of an embodiment of reporting backscatter measurements to a network node that are utilized for scheduling a transmission as taught by Shrestha) with another known element and comparable device utilizing a known technique (i.e. performing a process of a similar embodiment of reporting backscatter measurements to a network node that are utilized for scheduling a transmission with additional and/or alternative features and functionalities of the other embodiments as taught by Shrestha) to improve the similar devices in the same way and to obtain the predictable result of the system performing a process of an embodiment of reporting backscatter measurements to a network node that are utilized for scheduling a transmission (i.e. as taught by Shrestha) and is dependent upon the specific intended use, design incentives, needs and requirements (i.e. such as due to teachings of a known standard, current technology, conservation of resources, personal preferences, economic considerations, etc.) of the user and the system as has been established in MPEP 2144.04.
Claim(s) 10-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over SHRESTHA et al. (US Patent Publication 2023/0296722 herein after referenced as Shrestha) in view of HE et al. (US Patent Publication 2024/0178700 herein after referenced as He).
Regarding claim 10, Shrestha discloses:
The method according to claim 1, (see claim 1).
the first information is carried by an uplink (Shrestha, Abstract discloses A wireless communication device, WCD, transmits one or more uplink transmissions, obtains backscattering measurements for the one or more uplink transmissions, and reports the backscattering measurements to a wireless communication network. A network node in the wireless communication network receives the backscattering measurements, and estimates an environment of the WCD based on the backscattering measurements. The network node may for example schedule a transmission, select beamforming, or adapt a positioning reference signal configuration based on the estimated environment of the WCD. EXAMINER’S NOTE: The examiner notes that the claims are written in an alternative limitation format requiring and contingent on the selection of only one of various alternative options presented and as such the non-selected alternative options are crossed out (i.e. the limitations reciting “wherein a type of the first information is at least one of a buffer status report (BSR), a scheduling request (SR), or UE assistance information (UAI); or”) and are not given patentable weight as being directed towards limitations that are not required to be performed as is indicated in MPEP 2143.03 and in MPEP 2111.04, Section ll).
Shrestha discloses a terminal performing uplink communication via reporting measurements to a network node but fails to explicitly recite the use of an uplink resource that is configured by a higher layer or dynamically indicated and that the reporting is performed periodically and therefore fails to disclose “the first information is carried by an uplink resource which is configured by a high layer or dynamically indicated.”
In a related field of endeavor, He discloses:
the first information is carried by an uplink resource which is configured dynamically indicated (He, [0096] discloses Optionally, the resource configuration information for the uplink transmission may be pre-configured, e.g. configured through grant-free resource configuration information; or the resource configuration information for the uplink transmission may also be dynamically scheduled, e.g. configured through scheduling information from a network device; He, [0215] discloses Optionally, the terminal device may periodically report the measurement result of the power supplying signal to the network device, or report the measurement result of the power supplying signal to the network device in an event-triggered manner. EXAMINER’S NOTE: The examiner notes that the claims are written in an alternative limitation format requiring and contingent on the selection of only one of various alternative options presented and as such the non-selected alternative options are crossed out (i.e. the limitations reciting “by a high layer or”) and are not given patentable weight as being directed towards limitations that are not required to be performed as is indicated in MPEP 2143.03 and in MPEP 2111.04, Section ll).
Therefore, at the time before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to modify the invention of Shrestha to incorporate the teachings of He for the purpose of providing the system with a means to utilize various alternative means of scheduling uplink transmissions (He, [0096]) and various alternative means of reporting measurements results (He, [0215]) and for the purpose of making the system more dynamic and adaptable by providing the system with added functionalities and various different alternatives in design, thereby allowing the system to handle a number of various different combination of specific design structure and scenarios and thereby, preventing the system from being limited to a single specific design structure and scenario (Shrestha, [0163]-[0164]) and furthermore, one of ordinary skill in the art would recognize based on the guidelines to rationales supporting a conclusion of obviousness seen on MPEP 2143, that the modification would involve use of a simple substitution of one known element and base device (i.e. performing a process of a terminal performing uplink communication via reporting measurements to a network node as taught by Shrestha) with another known element and comparable device utilizing a known technique (i.e. performing a process of a terminal performing uplink communication via reporting measurements to a network node, wherein the reporting is performed periodically and the uplink transmissions utilize an uplink resource that is configured dynamically as taught by He) to improve the similar devices in the same way and to obtain the predictable result of the system performing a process of a terminal performing uplink communication via reporting measurements to a network node (i.e. as taught by both Shrestha & He) and is dependent upon the specific intended use, design incentives, needs and requirements (i.e. such as due to teachings of a known standard, current technology, conservation of resources, personal preferences, economic considerations, etc.) of the user and the system as has been established in MPEP 2144.04.
Regarding claim 11, Shrestha discloses:
The method according to claim 1, (see claim 1).
wherein the sending, by a terminal, first information to a network side device comprises at least one of the following: (Shrestha, Abstract discloses A wireless communication device, WCD, transmits one or more uplink transmissions, obtains backscattering measurements for the one or more uplink transmissions, and reports the backscattering measurements to a wireless communication network. A network node in the wireless communication network receives the backscattering measurements, and estimates an environment of the WCD based on the backscattering measurements. The network node may for example schedule a transmission, select beamforming, or adapt a positioning reference signal configuration based on the estimated environment of the WCD. EXAMINER’S NOTE: The examiner notes that the claims are written in an alternative limitation format requiring and contingent on the selection of only one of various alternative options presented and as such the non-selected alternative options are crossed out (i.e. the limitations reciting “sending, by the terminal when triggered based on the expiry of a first timer, the first information to the network side device, which is triggered based on the expiry of a first timer; or sending, by the terminal, the first information to the network side device, which is triggered based on a first event”) and are not given patentable weight as being directed towards limitations that are not required to be performed as is indicated in MPEP 2143.03 and in MPEP 2111.04, Section ll).
Shrestha discloses a terminal performing uplink communication via reporting measurements to a network node but fails to explicitly recite the use of an uplink resource that is configured by a higher layer or dynamically indicated and that the reporting is performed periodically and therefore fails to disclose “periodically sending, by the terminal, the first information to the network side device;”.
In a related field of endeavor, He discloses:
periodically sending, by the terminal, the first information to the network side device; (He, [0215] discloses Optionally, the terminal device may periodically report the measurement result of the power supplying signal to the network device, or report the measurement result of the power supplying signal to the network device in an event-triggered manner; He, [0096] discloses Optionally, the resource configuration information for the uplink transmission may be pre-configured, e.g. configured through grant-free resource configuration information; or the resource configuration information for the uplink transmission may also be dynamically scheduled, e.g. configured through scheduling information from a network device).
Therefore, at the time before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to modify the invention of Shrestha to incorporate the teachings of He for the purpose of providing the system with a means to utilize various alternative means of scheduling uplink transmissions (He, [0096]) and various alternative means of reporting measurements results (He, [0215]) and for the purpose of making the system more dynamic and adaptable by providing the system with added functionalities and various different alternatives in design, thereby allowing the system to handle a number of various different combination of specific design structure and scenarios and thereby, preventing the system from being limited to a single specific design structure and scenario (Shrestha, [0163]-[0164]) and furthermore, one of ordinary skill in the art would recognize based on the guidelines to rationales supporting a conclusion of obviousness seen on MPEP 2143, that the modification would involve use of a simple substitution of one known element and base device (i.e. performing a process of a terminal performing uplink communication via reporting measurements to a network node as taught by Shrestha) with another known element and comparable device utilizing a known technique (i.e. performing a process of a terminal performing uplink communication via reporting measurements to a network node, wherein the reporting is performed periodically and the uplink transmissions utilize an uplink resource that is configured dynamically as taught by He) to improve the similar devices in the same way and to obtain the predictable result of the system performing a process of a terminal performing uplink communication via reporting measurements to a network node (i.e. as taught by both Shrestha & He) and is dependent upon the specific intended use, design incentives, needs and requirements (i.e. such as due to teachings of a known standard, current technology, conservation of resources, personal preferences, economic considerations, etc.) of the user and the system as has been established in MPEP 2144.04.
Regarding claim 12, Shrestha in view of He discloses:
The method according to claim 11, (see claim 11).
(EXAMINER’S NOTE: The examiner notes that the claims are written in a contingent limitation format directed towards limitations contingent on a selection of a non-selected alternative option recited in the preceding limitations and as such are crossed out (i.e. the limitations reciting “wherein the first event comprises any one of the following: continuously or cumulatively receiving M1 pieces of backscattering information; continuously or cumulatively receiving backscattering information for N1 times; continuously or cumulatively receiving M2 pieces of backscattering information within a first time interval; continuously or cumulatively receiving backscattering information for N2 times within the first time interval; M3 pieces of continuous or cumulative unsuccessfully received backscattering information; N3 times of continuously or cumulatively unsuccessfully receiving backscattering information; M4 pieces of continuous or cumulative unsuccessfully received backscattering information within a second time interval; or N4 times of continuously or cumulatively unsuccessfully receiving backscattering information within the second time interval, wherein M1, M2, M3, M4, N1, N2, N3, and N4 are respectively integers greater than or equal to 1”) and are not given patentable weight as being directed towards limitations that are not required to be performed as is indicated in MPEP 2143.03 and in MPEP 2111.04, Section ll).
Regarding claim 13, Shrestha in view of He discloses:
The method according to claim 11, (see claim 11).
(EXAMINER’S NOTE: The examiner notes that the claims are written in a contingent limitation format directed towards limitations contingent on a selection of a non-selected alternative option recited in the preceding limitations and as such are crossed out (i.e. the limitations reciting “wherein during the running of the first timer, the terminal does not send the first information, or when the terminal sends the first information, the first timer is restarted”) and are not given patentable weight as being directed towards limitations that are not required to be performed as is indicated in MPEP 2143.03 and in MPEP 2111.04, Section ll).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
JOSHI (US Patent Publication 2014/0084855) discloses a system wherein A device may be used to charge or communicate with an implantable medical device (IMD) that is implanted within tissue of a patient. For example, a primary antenna of the device may transmit a charging signal and/or a communication signal that is received by an antenna of the IMD. One of more components of the IMD may generate a backscatter signal in response to the signal. In a particular embodiment, the backscatter signal may include, or may be used to deduce, information related to charging efficiency of a charge storage element (as described further with reference to FIG. 2). For example, a characteristic of the backscatter signal (such as a magnitude of the backscatter signal) may change as radiofrequency (RF) charging efficiency of the charge storage element changes. Thus, by measuring the characteristic of the backscatter signal, the charging efficiency of the charge storage element 222 may be inferred. In a particular embodiment, the backscatter signal may include, or may be used to deduce, information related to selecting a frequency for communication with the IMD 120 (as described in more detail with reference to FIG. 3). For example, the backscatter signal may be strongest when the signal received by the component 124 is strongest. That is, when the signal is communicated more efficiently to the component 124, the component 124 may generate a stronger backscatter signal. Thus, a frequency sweep of available communication channels may be performed by the transmitter 104. The receiver 106 may receive a backscatter signal corresponding to each channel. A channel may be selected that corresponds to a strongest backscatter signal received by the receiver.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL Y MAPA whose telephone number is (571)270-5540. The examiner can normally be reached Monday thru Thursday: 10 AM - 8 PM EST.
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/MICHAEL Y MAPA/Primary Examiner, Art Unit 2645
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