DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This communication is in response to the amendment filed on 08/13/2026.
Claims 1, 3-9, and 11-20 are pending and are rejected. Claims 2, 10, 21 have been canceled.
Response to Arguments
Applicant’s arguments, with respect to Claim Rejections - 35 USC § 101 have been fully considered and are persuasive. The Claim Rejections - 35 USC § 101 has been withdrawn.
Applicants’ arguments with respect to Claim Rejections - 35 USC § 103 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Furthermore, Saily[0064], [0071] teaches the limitations that have been incorporated into claim 1, from claim 2, wherein a cellular base station or gNB initiating/triggering the positioning procedure by requesting an initiator UE to localize a specific set of backscatter nodes or tags. The LMF 710 initiating/triggering the positioning process by sending a positioning information request to gNB 712.
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.
Claims 1, 3-9, 11-17, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Saily et al. (US 20240163840 A1), hereafter Saily in view of Yang et al. (US 20250267732 A1), hereafter Yang.
Regarding claim 1, Saily teaches a transmission method for ambient backscatter, comprising:
transmitting, by an ambient backscatter function module in a core network, information related to an ambient backscatter service ( [0035] ambient backscatter communication may allow a backscatter node to reflect a received ambient signal while modulating data onto the reflected signal; [0071, fig. 7, when the location management function (LMF) 710 receives a position request from a client (an application or node that is requesting position or location of an asset or backscatter node(s)), LMF 710 selects the positioning method and assistance data for locating the assets. The assistance data may include the identifiers and previous locations of the UEs and the backscatter nodes. The LMF 710 sends a positioning information request to the serving gNB 712 along with all or part of the assistance data to request UL-PRS configuration information for the initiator UE and determine uplink PRS resources) and is communicatively connected to a base station ([0027] A RAN (radio access network) may include one or more BSs or RAN nodes that implement a radio access technology, e.g., to allow one or more UEs to have access to a network or core network);
wherein the ambient backscatter function module is provided with one of following functions: generating or decoding a data packet related to the ambient backscatter service; triggering a process related to the ambient backscatter service; transmitting the information related to the ambient backscatter service between the core network and a terminal; providing auxiliary information related to the ambient backscatter service to a base station; authenticating and/or authorizing a terminal that supports an ambient backscatter function; encrypting and/or decrypting the data packet; providing security information; providing connection management for the ambient backscatter service; and providing, for an access network, an interface service to access the core network ([0034] a UE positioning procedure may be used to determine a location or geographic position of a UE (or mobile device) or of an asset that is being tracked); [0071] When the LMF 710 receives a position request from a client (an application or node that is requesting position or location of an asset or backscatter node(s)), LMF 710 selects the positioning method and assistance data for locating the assets. The assistance data may include the identifiers (IDs) and previous locations of the UEs and the backscatter nodes. The LMF 710 sends a positioning information request to the serving gNB 712 along with all or part of the assistance data to request UL-PRS (uplink positioning reference signal) configuration information for the initiator UE (UE0) and determine uplink PRS resources);
Saily does not explicitly teach
wherein the ambient backscatter function module is in a core network; and
the ambient backscatter function module is further provided with one of following functions: maintaining position information of a terminal; maintaining information of a base station accessed by the terminal; maintaining information of a cell accessed by the terminal; maintaining information of a mobility management network element accessed by the terminal; maintaining state information of the terminal; and maintaining capability information of the terminal.
Yang teaches
wherein the ambient backscatter function module is in a core network ([0092], [0187] the core network device directly receiving the second request transmitted by the target application function (AF); or the core network device receiving the second request transmitted by other core network devices. Examiner note: a core network function/device configured for ambient backscatter/ambient power IoT services that receives and manages terminal capabilities, state information, and location/connection context within the core network).
the ambient backscatter function module is further provided with one of following functions: maintaining position information of a terminal; maintaining information of a base station accessed by the terminal; maintaining information of a cell accessed by the terminal; maintaining information of a mobility management network element accessed by the terminal; maintaining state information of the terminal; and maintaining capability information of the terminal ([0092] transmitting, by the terminal device, capability information, where the capability information is used for (maintain) indicating whether the terminal device supports an Ambient power enabled Internet of Things (IoT) capability).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention made to include in the Saily disclosure, maintaining state and location, as taught by Yang. One would be motivated to do so to apply a known technique to a similar wireless network positioning system for its known purpose, with the predictable result of maintaining terminal location information for use in the positioning procedure.
Regarding claim 3, Saily and Yang teach the method according to claim 1, wherein Saily further teaches transmitting, by the ambient backscatter function module, the information related to the ambient backscatter service comprises:
sending, by the ambient backscatter function module, the auxiliary information related to the ambient backscatter service to the base station ([0025] user equipment (UEs), may be connected (and in communication) with a base station (BS) 134; [0098] The initiator UE (UE0) may then send to the gNB 712 and/or LMF 710, the received channel estimate information, for one or more UEs, and one or more backscatter nodes), wherein the auxiliary information related to the ambient backscatter service includes one or more of:
information of a time domain resource occupied for sending the auxiliary information or a paging message, information of a frequency domain resource occupied for sending the auxiliary information or the paging message, information related to a terminal that is paged or receives the auxiliary information, network information, the security information, configuration information of a broadcast mode, access configuration information, and a format of response information ([0044] The initiator UE may transmit configuration information via sidelink communications to the one or more backscatter nodes or tags; [0070] Backscatter nodes or tags are also provided, including backscatter node 1 (BN1), BN2, BN3).
Regarding claim 4, Saily and Yang teach the method according to claim 3, Saily further teaches:
receiving, by the ambient backscatter function module, a user equipment (UE) message, wherein the UE message includes data information and information related to a terminal ([0084] transmitting the positioning (e.g., PRS signal) via sidelink communication, receiving measured channel estimate information from non-initiator UEs (e.g., UE0, UE2, UE3), and then forwarding the received channel estimate information to the gNB 712 and/or LMF).
Regarding claim 5, Saily and Yang teach the method according to claim 1, wherein Saily further teaches transmitting, by the ambient backscatter function module, the information related to the ambient backscatter service comprises:
sending, by the ambient backscatter function module, first request information to the terminal, wherein the first request information is used to request the terminal to receive or send data related to the ambient backscatter service ([0063] Thus, for example, a network node (e.g., gNB, DU or base station) may transmit or send backscatter node (or tag) related information such as backscatter node identifiers (or tag IDs) and their assigned backscatter frequency offsets to the UEs via Radio Resource Control (RRC) signaling).
Regarding claim 6, Saily and Yang teach the method according to claim 5, Saily further teaches:
receiving, by the ambient backscatter function module, first response information for responding to the first request information and from the terminal ([0043] in response to receiving, by the first user device from one or more of the backscatter nodes, at least one acknowledgement to the configuration information, controlling transmitting, by the first user device, the positioning signal using time-frequency resources found unused by the first user device or allocated by a network node).
Regarding claim 7, Saily and Yang teach the method according to claim 1, wherein Saily further teaches the ambient backscatter function module is provided with a service interface for communicating with a mobility management network element ([0029] core network may be referred to as Evolved Packet Core (EPC), which may include a mobility management entity (MME) which may handle or assist with mobility/handover of user devices between BSs, one or more gateways that may forward data and control signals between the BSs and packet data networks or the Internet, and other control functions).
Regarding claim 8, Saily and Yang teach the method according to claim 7, wherein Saily further teaches the ambient backscatter function module is integrated with the mobility management network element; or the ambient backscatter function module and the mobility management network element are independent from each other ([0044] initiator UE may determine backscatter frequency offsets assigned to the backscatter nodes, wherein each of the backscatter nodes is identifiable based on an assigned backscatter frequency offset).
Regarding claim 9, Saily and Yang teach the method according to claim 1, wherein Saily further teaches a protocol stack of the ambient backscatter function module includes one or more of: L2 layer, Internet protocol (IP) layer, transmission control protocol (TCP) layer, hypertext transfer protocol/2 (HTTP/2) layer, Internet of Things protocol application layer, and Internet of Things protocol layer ([0035] Due to the increasing number of wirelessly connected devices or gadgets (e.g., such as due to the Internet-of-Things (IoT) paradigm), new energy efficient communication techniques and devices are being developed. According to an example implementation, ambient backscatter communications may be used as a low power communication technique in which a backscatter node (which may also be referred to as a backscatter tag or backscatter device) may receive an ambient (or surrounding) wireless signal (e.g., that may have been transmitted to another wireless device), and then may reflect the received ambient signal.).
Regarding claim 11, Saily and Yang teach the method according to claim 1, wherein Saily further teaches transmitting, by the ambient backscatter function module, the information related to the ambient backscatter service comprises:
receiving, by the ambient backscatter function module, second request information, wherein the second request information is used to query information related to the terminal ([0064] A cellular base station or gNB may initiate the positioning procedure by requesting a UE (e.g., an initiator UE) to localize the specific set of backscatter nodes or tags.);
sending, by the ambient backscatter function module, second response information for responding to the second request information, wherein the second response information includes one or more of: the position information of the terminal, the information of the base station accessed by the terminal, the information of the cell accessed by the terminal, the information of the mobility management network element accessed by the terminal, the state information of the terminal, or the capability information of the terminal ([0083] The UEs (e.g., non-initiator UEs, such as UE1, UE2, UE3) may send their channel estimate information to the initiator UE).
Regarding claim 12, Saily and Yang teach the method according to claim 1, wherein Saily further teaches transmitting, by the ambient backscatter function module, the information related to the ambient backscatter service comprises:
receiving, by the ambient backscatten function module, third request information, wherein the third request information is used to request to store relevant information of a new terminal ([0063] The initiator role may be switched, rotated or changed among the UEs, and then the process may be repeated with the new initiator UE, to improve the location estimation accuracy of the system);
sending, by the ambient backscatter function module, third response information for responding to the third request information, wherein the third response information carries a success indication or a failure indication ([0077] Acknowledgements from backscatter nodes: The initiator UE (UE0) may transmit or emit a continuous wave signal, e.g., using OFDM such that the backscatter tags may modulate, shift to the assigned frequencies, and reflect the signal back with acknowledgement that the configuration was successful).
Regarding claim 13, Saily and Yang teach the method according to claim 1, Yang further teaches one or more of following functions:
receiving information from an external server related to the ambient backscatter service; sending information to the external server; providing information performed security protection to the core network; and providing the external server with information about a network capability and an event ([0092] transmitting, by the terminal device, capability information, where the capability information is used for indicating whether the terminal device supports an Ambient power enabled Internet of Things (IoT) capability; [0186] The target AF may be one of one or more AFs. Any one of the one or more AFs may be an external application server; [0187] The processing of receiving the second request by the core network device may include one of: the core network device directly receiving the second request transmitted by the target application function (AF)).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention made to include in the Saily disclosure, a capability information to support an ambient power, as taught by Yang. One would be motivated to do so to ensure that the network may receive data normally becomes a problem that needs to be solved.
Regarding claim 14, Saily and Yang teach the method according to claim 13, wherein Saily further teaches transmitting, by the ambient backscatter function module, the information related to the ambient backscatter service comprises:
receiving, by the ambient backscatter function module, first request information from the external server, wherein the first request information is used to request a terminal to receive or send data related to the ambient backscatter service ([0083] The UEs (e.g., non-initiator UEs, such as UE1, UE2, UE3) may send their channel estimate information to the initiator UE (UE0). The initiator UE (UE0) may also determine channel estimate information for the backscatter node-UE0 channel based on the received reflected signal).
Regarding claim 15, Saily and Yang teach the method according to claim 5, wherein Saily further teaches the first request information comprises one or more of: information related to the terminal, configuration information for data requested to be reported by the terminal, configuration information for data requested to be stored by the terminal, or configuration information for a behavior requested to be performed by the terminal ([0044] The initiator UE may transmit configuration information via sidelink communications to the one or more backscatter nodes or tags).
Regarding claim 16, Saily and Yang teach the method according to claim 14, Saily further teaches:
sending, by the ambient backscatter function module to the external server, first response information for responding to the first request information ([0010] The initiator UE (UE0 in this example) may use the sidelink to send a message to provide configuration information that indicates the assigned frequency shifts or vacant sidelink channels assigned to each of the one or more backscatter nodes or tags (the backscatter node-specific frequency offsets assigned to each backscatter node)).
Regarding claim 17, Saily and Yang teach the method according to claim 6, wherein Saily further teaches the first response information includes one or more of: information related to the terminal, reported data, a success indication or a failure indication ([0077] Estimating the UE-backscatter channel may include determining channel estimate information, which may include one or more signal measurements or parameters that may describe the channel frequency response of the channel between the backscatter node and the measuring UE).
Regarding claim 19, Saily and Yang teach the method according to claim 12, wherein Saily further teaches the third request information includes one or more of: an indication that a position of a terminal has been updated, position information of the new terminal, information of a cell accessed by the new terminal, information of a base station accessed by the new terminal, information of a mobility management network element accessed by the new terminal, state information of the new terminal, capability information of the new terminal, and indication information of the new terminal ([0061] The access network device may be an evolutional node B (eNB or e-NodeB), a macro base station, a micro base station (also called a “small base station”), a pico base station, an access point (AP), or a transmission point (TP) in a long-term evolution (LTE) system, a next-generation (mobile communication system) (next radio, NR) or an authorized auxiliary access long-term evolution (LAA-LTE) system, or a new-generation Node B (gNodeB)).
Regarding claim 20, Saily and Yang teach communication apparatus, comprising: a processor and a memory; wherein
the memory stores instructions executable by the processor; when the processor is configured to execute the instructions, the communication apparatus is enabled to perform the method according to claim 1 ([0138] The wireless station also includes a processor or control unit/entity (controller) 1504 to execute instructions to perform the method of claim 1).
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Saily ((US 20240163840 A1) in view of Yang (US 20250267732 A1) and further in view of Geng et al. (US 20210377756 A1), here after Geng.
Regarding claim 18, Saily and Yang teach the method according to claim 13, Sail does not explicitly teach
wherein transmitting, by the ambient backscatter function module, the information related to the ambient backscatter service comprises:
sending, by the ambient backscatter function module, third request information to the external server, wherein the third request information is used to request to store related information of a new terminal;
receiving, by the ambient backscatter function module, third response information from the external server, wherein the third response information carries a success indication or a failure indication, and is used to respond to the third request information.
Geng teaches
sending, by the ambient backscatter function module, third request information to the external server, wherein the third request information is used to request to store related information of a new terminal ([0006] The second access network device sends an identifier of the terminal device to the first access network device. The second access network device receives context information that is of the terminal device on the first access network device and that is sent by the first access network device. The second access network device indicates the terminal device to update the second access network device to a new master access network device);
receiving, by the ambient backscatter function module, third response information from the external server, wherein the third response information carries a success indication or a failure indication, and is used to respond to the third request information ([0015] a terminal device sends a first message to a second access network device, where the first message is used to indicate that a connection failure occurs between the terminal device and a first access network device).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention made to include in the Saily disclosure, sending a message to indicate whether the communication of a connection is failed, as taught by Geng. One would be motivated to do so to detect that a connection failure occurs and to provide an opportunity of shortening a service interruption time of a terminal device.
Conclusion
Applicants’ amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANH NGUYEN whose telephone number is (571)270-0657. The examiner can normally be reached M-F.
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, Umar Cheema can be reached at 5712703037. 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.
/ANH NGUYEN/Primary Examiner, Art Unit 2458
Prosecution Insights