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 .
Acknowledgment
This Office Action is responsive to amendment filed on 05/26/2026.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-3, 5-10 and 12-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huang et al. (US 2025/0294620) in view of Kelly et al. (US 2016/0188920).
Regarding claim 1, Huang teaches a method for managing communication availability by an ambient internet of things (A-IoT) device (device), the method comprising: listening for indication from a reader (reader) on a downlink communication channel (step 1022); upon determination that a transaction (random access procedure) based on receiving a transaction request for a downlink communication from the reader, checking energy storage levels of the A-IoT device and energy storage levels required to perform the transaction with the reader (1026 and 1028), upon determination that there is insufficient energy storage levels to perform the transaction, sending a first indication to the reader, wherein the first indication is indicative of insufficient energy storage levels to perform the transaction (1028); and upon determination estimating that there is sufficient energy storage levels to perform the transaction (1028): proceeding with the transaction with the reader until the transaction is completed (figs. 10, 12, [0019], [0021] and [0200]-[0210]).
Regarding to the limitation of “the energy storage of the A-IoT device is exhausted, or further estimating that the is insufficient energy storage levels to complete the transaction; monitoring energy storage levels during the transaction; and upon further estimating that there is insufficient energy storage levels to complete the transaction, sending a second indication to the reader, wherein the second indication is indicative of insufficient energy storage levels to complete the transaction” is not given any patentable weight based on the condition of “one of”. However, Huang further teaches monitoring energy storage levels during the transaction (step 1028, fig. 12).
Huang silent to the A-IoT listening periodically for the indication from the reader.
However, Kelly teaches reader periodically sending interrogation signals to the RFID device ([0002] and [0027).
In view of Kelly’s teaching, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Huang by incorporating the teaching as taught by Kelly in order to arrive at the claimed invention.
Regarding claim 2, Huang as modified by Kelly teaches all subject matter claimed as applied above. Huang further teaches wherein prior to sending the first indication, determining that there is sufficient energy to send the first indication (1028 and [0277]-[0279]).
Regarding claim 3, Huang as modified by Kelly teaches all subject matter claimed as applied above. Huang further teaches wherein the first indication is indicative of an out of power message (1028, the remaining energy of the UE is insufficient to complete the random access procedure, fig. 12 and [0200]-[0209]).
Regarding claim 5, Huang as modified by Kelly teaches all subject matter claimed as applied above. Huang further teaches monitoring energy storage levels ([0131] and [0200]-[0210]).
Regarding claim 6, Huang as modified by Kelly teaches all subject matter claimed as applied above. Huang further teaches wherein upon determination that there is insufficient energy storage levels to complete the transaction, sending an indication to the reader (step 1028, fig. 12 and [0203]), wherein the second indication is indicative of one or more of a request to pause the transaction, a request to save a state of the transaction and a request to continue the transaction at a future time (the second indication… is not given any patentable weight based on the condition of “one of” as recited in claim 1 above. However, Huang further teaches the second indication as claimed (step 1028, fig. 12)).
Regarding claim 7, Huang as modified by Kelly teaches all subject matter claimed as applied above. Huang further teaches wherein the determination that the transaction is required includes receiving the transaction request for the downlink communication (fig. 10, [0104] and [0252]).
Regarding claim 8, Huang teaches an apparatus (fig. 3, [0292]-[0293]) managing power communication availability, the apparatus comprising: a processor (308); and a machine readable memory (310) storing machine executable instructions which when executed by the processor configure the apparatus to: listen for indication from a reader (reader, fig. 10) on a downlink communication channel ([0252]); upon determination that a transaction is required based on receiving a transaction request (random access procedure) for a downlink communication from the reader, check energy level storage levels of the apparatus and energy storage levels required to perform the transaction with the reader (1026 and 1028), upon determination that there is insufficient energy storage levels to perform the transaction, sending a first indication to the reader, wherein the first indication is indicative of insufficient energy storage levels to perform the transaction (1028); and upon determination estimating that there is sufficient energy storage levels to perform the transaction (1028): proceeding with the transaction with the reader until the transaction is completed (figs. 10, 12, [0019], [0021] and [0200]-[0210]).
Regarding to the limitation of “the energy storage of the A-IoT device is exhausted, or further estimating that the is insufficient energy storage levels to complete the transaction; monitoring energy storage levels during the transaction; and upon further estimating that there is insufficient energy storage levels to complete the transaction, sending a second indication to the reader, wherein the second indication is indicative of insufficient energy storage levels to complete the transaction” is not given any patentable weight based on the condition of “one of”. However, Huang further teaches monitoring energy storage levels during the transaction (step 1028, fig. 12).
Huang silent to the A-IoT listening periodically for the indication from the reader.
However, Kelly teaches reader periodically sending interrogation signals to the RFID device ([0002] and [0027).
In view of Kelly’s teaching, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Huang by incorporating the teaching as taught by Kelly in order to arrive at the claimed invention.
Regarding claim 9, Huang as modified by Kelly teaches all subject matter claimed as applied above. Huang further teaches wherein prior to sending the first indication, the machine executable instructions when executed by the processor further configure the apparatus to determine that there is sufficient energy to send the first indication (step 1028, fig. 12).
Regarding claim 10, Huang as modified by Kelly teaches all subject matter claimed as applied above. Huang further teaches wherein the first indication is indicative of an out of power message (1028, the remaining energy of the UE is insufficient to complete the random access procedure, fig. 12 and [0200]-[0209]).
Regarding claim 12, Huang as modified by Kelly teaches all subject matter claimed as applied above. Huang further teaches wherein the machine executable instructions when executed by the processor further configure the apparatus to monitor energy storage levels ([0131] and [0200]-[0210]).
Regarding claim 13, Huang as modified by Kelly teaches all subject matter claimed as applied above. Huang further teaches wherein upon determination that there is insufficient energy storage levels to complete the transaction, the machine executable instructions when executed by the processor further configure the apparatus to send an indication to the reader (step 1028, fig. 12 and [0203]), wherein the second indication is indicative of one or more of a request to pause the transaction, a request to save a state of the transaction and a request to continue the transaction at a future time (the second indication… is not given any patentable weight based on the condition of “one of” as recited in claim 1 above. However, Huang further teaches the second indication as claimed (step 1028, fig. 12)).
Regarding claim 14, Huang as modified by Kelly teaches all subject matter claimed as applied above. Huang further teaches wherein the determination that the transaction is required includes receiving the transaction request for the downlink communication (fig. 10, [0104] and [0252]).
Regarding claim 15, Huang teaches a computer program product comprising a non-transitory computer readable memory storing computer executable instruction thereon that when executed by a processor perform a method for managing communication availability by an ambient internet of things (A-IoT) device (fig. 3), the method comprising: listening for indication from a reader (reader) on a downlink communication channel (step 1022); upon determination that a transaction (random access procedure) based on receiving a transaction request for a downlink communication from the reader, checking energy storage levels of the A-IoT device and energy storage levels required to perform the transaction with the reader (1026 and 1028), upon determination that there is insufficient energy storage levels to perform the transaction, sending a first indication to the reader, wherein the first indication is indicative of insufficient energy storage levels to perform the transaction (1028); and upon determination estimating that there is sufficient energy storage levels to perform the transaction (1028): proceeding with the transaction with the reader until the transaction is completed (figs. 10, 12, [0019], [0021] and [0200]-[0210]).
Regarding to the limitation of “the energy storage of the A-IoT device is exhausted, or further estimating that the is insufficient energy storage levels to complete the transaction; monitoring energy storage levels during the transaction; and upon further estimating that there is insufficient energy storage levels to complete the transaction, sending a second indication to the reader, wherein the second indication is indicative of insufficient energy storage levels to complete the transaction” is not given any patentable weight based on the condition of “one of”. However, Huang further teaches monitoring energy storage levels during the transaction (step 1028, fig. 12).
Huang silent to the A-IoT listening periodically for the indication from the reader.
However, Kelly teaches reader periodically sending interrogation signals to the RFID device ([0002] and [0027).
In view of Kelly’s teaching, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Huang by incorporating the teaching as taught by Kelly in order to arrive at the claimed invention.
Regarding claims 16-19, Huang as modified by Kelly teaches all subject matter claimed as applied above. The limitation of “the second indication” as recited is not given any patentable weight based on the condition of “one of”. However, Huang further teaches the second indication as claimed (step 1028, fig. 12).
Claim(s) 4 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huang as modified by Kelly as applied to claims 1 and 8 above, and further in view of Maniyar (US 2019/0121416, previously cited).
Regarding claims 4 and 11, Huang as modified by Kelly teaches all subject matter claimed as applied above. Huang further teaches providing energy information indicating (step 1028, fig. 12) but silent to the first indication is indicative of one or more of a request to pause the transaction, a request to save a state of the transaction and a request to continue the transaction at a future time.
However, Maniyar teaches electronic device battery monitoring for transaction comprising an indication, wherein the indication is indicative of one or more of a request to pause the transaction, a request to save a state of the transaction and a request to continue the transaction at a future time (figs. 3, 6, [0045] and [0067]).
In view of Maniyar’s teaching, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Huang and Kelly by incorporating the teaching as taught by Maniyar so that the transaction can be continued at a later time or future time.
Response to Arguments
Applicant’s arguments, see Remarks, filed 05/26/2026, with respect to the rejection(s) of claim(s) 1-19 under 35 U.S.C 102 & 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Huang, Kelly and Maniyar.
Conclusion
Applicant's 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 Tuyen Kim Vo whose telephone number is (571)270-1657. The examiner can normally be reached Mon-Thurs: 8AM-6:30PM.
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, Steven Paik can be reached at 571-272-2404. 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.
/TUYEN K VO/Primary Examiner, Art Unit 2876
Prosecution Insights