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 office action is in response to application filed 12/02/2024.
Claims 1-20 are pending and presented for examination.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 06/23/2026 and 12/02/2024 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claims 17 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 18 of copending Application No. 18/966,916 in view of Yan.
This is a provisional nonstatutory double patenting rejection.
Regarding claim 17, Claim 18 of Application ‘916 discloses a communication device, wherein the communication device is a second device, the second device comprises:
a processor and a memory, wherein the memory is configured to store a computer program, and the processor is configured to call the computer program stored in the memory and run the computer program (see claim 18, which is dependent on claim 17 and 1), to cause the second device to perform:
receiving a backscatter signal, wherein the backscatter signal is obtained by a first device performing backscattering on a signal on a total bandwidth or a partial bandwidth of an orthogonal frequency division multiplexing (OFDM) signal (see claim 18, which is dependent on claim 17 and 1).
Claims 1-16, 18-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 12, 18 of copending Application No. 18/966,916 in view of Yan.
This is a provisional nonstatutory double patenting rejection.
Regarding claims 1, 9, Claim 12 of Application ‘916 discloses a wireless communication method or a communication device, wherein the communication device is a first device, the first device comprises:
performing backscattering on a signal on a total bandwidth or a partial bandwidth of an orthogonal frequency division multiplexing (OFDM) signal to obtain a backscatter signal (see claim 12, which is dependent on claim 11, 1).
Claim 12 fails to disclose but Yan discloses a processor and a memory (see para. 0284-0287, discloses processor and memory), wherein the memory is configured to store a computer program, and the processor is configured to call the computer program stored in the memory and run the computer program (see para. 0286).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify to include a processor and memory as described in Yan.
The motivation for doing so would be to allow implementing the method using a device.
Regarding claims 2, 10, the combination of claim 13 and Yan discloses the method of claim 1. Yan further discloses the communication device, wherein the backscatter signal is obtained by the first device performing backscattering on the OFDM signal as a carrier signal (see fig. 5-6, 8-9, para. 0113-0131, 157-0163, 0052-0081); or the backscatter signal is obtained by the first device taking the OFDM signal as multiple carrier signals and performing backscattering on the multiple carrier signals, wherein each carrier signal comprises a signal on a partial bandwidth of the OFDM signal (optional); or the backscatter signal is obtained by the first device performing backscattering on a signal, as a carrier signal, on a partial bandwidth of the OFDM signal (see fig. 5-6, 8-9, para. 0113-0131, 157-0163, 0052-0081).
Regarding claims 3, 11, 18, the combination of claim 13 and Yan discloses the method of claim 1. Yan further discloses the communication device, wherein a unit of the backscatter signal in a time domain is a backscatter symbol, a unit of the OFDM signal in the time domain is an OFDM symbol, and a symbol length of the backscatter symbol is a symbol length of K OFDM symbols, wherein K is greater than 1 (see fig. 8-9, para. 0157-0163, discloses at least a unit as OFDM symbol, other figures such as fig. 5-6, describe it within a slot); wherein the backscatter symbol and the K OFDM symbols are aligned in the time domain (see fig. 8-9, para. 0157-0163); and/or a unit of the backscatter signal in a frequency domain is a backscatter frequency domain unit, a unit of the OFDM signal in the frequency domain is a physical resource block (PRB), and a size of the backscatter frequency domain unit is a size of M PRBs, wherein M is a positive integer (optional); wherein the backscatter frequency domain unit and the M PRBs are aligned in the frequency domain (optional).
Regarding claims 4, 12, Claim 13 further discloses the method wherein a minimum bandwidth of a carrier signal used by the first device for backscattering is a minimum unit for a target receiving device of the OFDM signal to perform channel estimation in the frequency domain when receiving the OFDM signal (see claim 13, 18).
Regarding claim 5, 13, the combination of claim 13 and Yan discloses the method of claim 1. Yan further discloses the communication device wherein the backscatter signal comprises at least one data symbol, and the communication device further performs: mapping the at least one data symbol onto at least one backscatter time-frequency unit in a time domain and/or frequency domain, wherein each backscatter time-frequency unit is composed of a backscatter symbol and a backscatter frequency domain unit (see fig. 5-6, 8-9, para. 0113-0131, 0157-0163, 0164-0229, see also fig. 17-18).
Regarding claims 6, 14, the combination of claim 13 and Yan discloses the method of claim 1. Yan further discloses the communication device wherein the communication device performs:
mapping the at least one data symbol onto the at least one backscatter time-frequency unit in sequence in an order of time domain first and frequency domain later (optional); or
mapping the at least one data symbol onto the at least one backscatter time-frequency unit in sequence in an order of frequency domain first and time domain later (optional); or
the communication device performs: mapping the at least one data symbol onto the at least one backscatter time-frequency unit in sequence in an ascending order or a descending order of numbering of the at least one backscatter time-frequency unit in the time domain (see fig. 5-6, 8-9, para. 0113-0131, 0157-0163, 0164-0229); or
the communication device performs: mapping the at least one data symbol onto the at least one backscatter time-frequency unit in sequence in an ascending order or a descending order of numbering of the at least one backscatter time-frequency unit in the frequency domain from (optional).
Regarding claims 7, 15, the combination of claim 13 and Yan discloses the method of claim 1. Yan further discloses the communication device wherein the communication device performs: performing backscattering on the signal on the partial bandwidth of the OFDM signal according to first configuration information to obtain the backscatter signal, wherein the first configuration information is configured to configure a resource location of a carrier signal used to perform backscattering and/or a resource location of the backscatter signal (see para. 0121-0122, 0148-0154); wherein the first configuration information comprises at least one of following: frequency information used by the first device to perform backscattering on the OFDM signal or time information used by the first device to transmit the backscatter signal (see para. 0121-0122, 0148-0154).
Regarding claim 19, the combination of claim 13 and Yan discloses the method of claim 1. Yan further discloses the communication device wherein the second device further performs: transmitting first configuration information, wherein the first configuration information is configured to configure a resource location of a carrier signal used by the first device to perform backscattering and/or a resource location of the backscatter signal (see para. 0121-0122, 0148-0154); wherein the first configuration information comprises at least one of following: frequency information used by the first device to perform backscattering on the OFDM signal or time information used by the first device to transmit the backscatter signal (see para. 0121-0122, 0148-0154).
Regarding claims 8, 16, the combination of claim 13 and Yan discloses the method of claim 1. Yan further discloses the method wherein the time information used by the first device to transmit the backscatter signal comprises at least one of following: start time information, duration information or occupied time unit information for the first device to transmit the backscatter signal (see para. 0121-0122, 0148-0154); wherein the frequency information used by the first device to perform backscattering on the OFDM signal is represented by a frequency domain unit of the OFDM signal, or is represented by a frequency domain unit of the backscatter signal (see para. 0121-0122, 0148-0154); and/or the time information used by the first device to transmit the backscatter signal is represented by a time domain unit of the OFDM signal, or is represented by a time domain unit of the backscatter signal (see para. 0121-0122, 0148-0154).
Regarding claim 20, the combination of claim 13 and Yan discloses the method of claim 1. Yan further discloses the communication device, wherein the time information used by the first device to transmit the backscatter signal comprises at least one of following: start time information, duration information or occupied time unit information for the first device to transmit the backscatter signal (see para. 0121-0122, 0148-0154); wherein the frequency information used by the first device to perform backscattering on the OFDM signal is represented by a frequency domain unit of the OFDM signal, or is represented by a frequency domain unit of the backscatter signal (see para. 0121-0122, 0148-0154); and/or the time information used by the first device to transmit the backscatter signal is represented by a time domain unit of the OFDM signal, or is represented by a time domain unit of the backscatter signal (see para. 0121-0122, 0148-0154).
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Yan et al. (WO 2021/097597, also published as EP 4044483 A1, used in herein as translation of WO 2021/097597).
Regarding claims 1, 9, Yan (WO 2021/097597) discloses a wireless communication method or a communication device, wherein the communication device is a first device, the first device comprises:
a processor and a memory (see para. 0284-0287, discloses processor and memory), wherein the memory is configured to store a computer program, and the processor is configured to call the computer program stored in the memory and run the computer program (see para. 0286), to cause the first device to perform:
performing backscattering on a signal on a total bandwidth or a partial bandwidth of an orthogonal frequency division multiplexing (OFDM) signal to obtain a backscatter signal (see see fig. 4, discloses a signal 420, see para. 00111-0119).
Regarding claim 17, Yan discloses a communication device, wherein the communication device is a second device, the second device comprises:
a processor and a memory (see para. 0284-0287, discloses processor and memory), wherein the memory is configured to store a computer program, and the processor is configured to call the computer program stored in the memory and run the computer program, to cause the second device to perform:
receiving a backscatter signal, wherein the backscatter signal is obtained by a first device performing backscattering on a signal on a total bandwidth or a partial bandwidth of an orthogonal frequency division multiplexing (OFDM) signal (see fig. 4, 420, see para. 0111-0119, discloses receiving backscattered signal).
Regarding claims 2, 10, Yan discloses the communication device, wherein the backscatter signal is obtained by the first device performing backscattering on the OFDM signal as a carrier signal (see fig. 5-6, 8-9, para. 0113-0131, 157-0163, 0052-0081); or the backscatter signal is obtained by the first device taking the OFDM signal as multiple carrier signals and performing backscattering on the multiple carrier signals, wherein each carrier signal comprises a signal on a partial bandwidth of the OFDM signal (optional); or the backscatter signal is obtained by the first device performing backscattering on a signal, as a carrier signal, on a partial bandwidth of the OFDM signal (see fig. 5-6, 8-9, para. 0113-0131, 157-0163, 0052-0081).
Regarding claims 3, 11, 18, Yan discloses the communication device, wherein a unit of the backscatter signal in a time domain is a backscatter symbol, a unit of the OFDM signal in the time domain is an OFDM symbol, and a symbol length of the backscatter symbol is a symbol length of K OFDM symbols, wherein K is greater than 1 (see fig. 8-9, para. 0157-0163, discloses at least a unit as OFDM symbol, other figures such as fig. 5-6, describe it within a slot); wherein the backscatter symbol and the K OFDM symbols are aligned in the time domain (see fig. 8-9, para. 0157-0163); and/or a unit of the backscatter signal in a frequency domain is a backscatter frequency domain unit, a unit of the OFDM signal in the frequency domain is a physical resource block (PRB), and a size of the backscatter frequency domain unit is a size of M PRBs, wherein M is a positive integer (optional); wherein the backscatter frequency domain unit and the M PRBs are aligned in the frequency domain (optional).
Regarding claim 4, 12, Yan discloses the communication device wherein a minimum bandwidth of a carrier signal used by the first device for backscattering is a minimum unit for a target receiving device of the OFDM signal to perform channel estimation in the frequency domain when receiving the OFDM signal (see fig. 21-22, para. 0189, 0232-0247, 0052-0081).
Regarding claim 5, 13, Yan discloses the communication device wherein the backscatter signal comprises at least one data symbol, and the communication device further performs: mapping the at least one data symbol onto at least one backscatter time-frequency unit in a time domain and/or frequency domain, wherein each backscatter time-frequency unit is composed of a backscatter symbol and a backscatter frequency domain unit (see fig. 5-6, 8-9, para. 0113-0131, 0157-0163, 0164-0229, see also fig. 17-18).
Regarding claims 6, 14, Yan discloses the communication device wherein the communication device performs:
mapping the at least one data symbol onto the at least one backscatter time-frequency unit in sequence in an order of time domain first and frequency domain later (optional); or
mapping the at least one data symbol onto the at least one backscatter time-frequency unit in sequence in an order of frequency domain first and time domain later (optional); or
the communication device performs: mapping the at least one data symbol onto the at least one backscatter time-frequency unit in sequence in an ascending order or a descending order of numbering of the at least one backscatter time-frequency unit in the time domain (see fig. 5-6, 8-9, para. 0113-0131, 0157-0163, 0164-0229); or
the communication device performs: mapping the at least one data symbol onto the at least one backscatter time-frequency unit in sequence in an ascending order or a descending order of numbering of the at least one backscatter time-frequency unit in the frequency domain from (optional).
Regarding claims 7, 15, Yan discloses the communication device wherein the communication device performs: performing backscattering on the signal on the partial bandwidth of the OFDM signal according to first configuration information to obtain the backscatter signal, wherein the first configuration information is configured to configure a resource location of a carrier signal used to perform backscattering and/or a resource location of the backscatter signal (see para. 0121-0122, 0148-0154); wherein the first configuration information comprises at least one of following: frequency information used by the first device to perform backscattering on the OFDM signal or time information used by the first device to transmit the backscatter signal (see para. 0121-0122, 0148-0154).
Regarding claim 19, Yan discloses the communication device wherein the second device further performs: transmitting first configuration information, wherein the first configuration information is configured to configure a resource location of a carrier signal used by the first device to perform backscattering and/or a resource location of the backscatter signal (see para. 0121-0122, 0148-0154); wherein the first configuration information comprises at least one of following: frequency information used by the first device to perform backscattering on the OFDM signal or time information used by the first device to transmit the backscatter signal (see para. 0121-0122, 0148-0154).
Regarding claims 8, 16, Yan discloses the method wherein the time information used by the first device to transmit the backscatter signal comprises at least one of following: start time information, duration information or occupied time unit information for the first device to transmit the backscatter signal (see para. 0121-0122, 0148-0154); wherein the frequency information used by the first device to perform backscattering on the OFDM signal is represented by a frequency domain unit of the OFDM signal, or is represented by a frequency domain unit of the backscatter signal (see para. 0121-0122, 0148-0154); and/or the time information used by the first device to transmit the backscatter signal is represented by a time domain unit of the OFDM signal, or is represented by a time domain unit of the backscatter signal (see para. 0121-0122, 0148-0154).
Regarding claim 20, Yan discloses the communication device, wherein the time information used by the first device to transmit the backscatter signal comprises at least one of following: start time information, duration information or occupied time unit information for the first device to transmit the backscatter signal (see para. 0121-0122, 0148-0154); wherein the frequency information used by the first device to perform backscattering on the OFDM signal is represented by a frequency domain unit of the OFDM signal, or is represented by a frequency domain unit of the backscatter signal (see para. 0121-0122, 0148-0154); and/or the time information used by the first device to transmit the backscatter signal is represented by a time domain unit of the OFDM signal, or is represented by a time domain unit of the backscatter signal (see para. 0121-0122, 0148-0154).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Yan et al. (US 20220390393) – describes backscattering of signals.
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NISHANT B. DIVECHA
Supervisory Primary Examiner
Art Unit 2419
/Nishant Divecha/ Supervisory Patent Examiner, Art Unit 2419
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