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 statements (IDS) submitted on 07/09/2025 is in compliance with the provisions of 37 C.F. R 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Oath/Declaration
The Oath/Declaration filed on 07/09/2025 is hereby acknowledged.
Drawings
The drawings were received on 07/09/2025. These drawings are acceptable.
Claim Objections
Claim 1, 8 and 15 are objected to because of the following informalities: the abbreviation “AP” should be fully spelt out, as access point, for first time occurrence in lines 3, 7 and 6, respectively. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 1-7 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "the AMP device group" in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claims 2-7 are rejected for at least its dependency on claim 1.
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 1-20 are rejected under 35 U.S.C. 101 as claiming the same invention as that of claim 1, 2, 4-8 and 10-19 of U.S. Patent No. US 12388500 B2. This is a statutory double patenting rejection.
The following table illustrates a mapping of the conflicting claim pairs:
Instant Application
1+2
3
4
5
6
7
8+9
10
11
12
13
14
15+16
17
18
19
20
Pat# US 12388500 B2
1
2
4
5
6
7
8
14
10
11
12
13
15
16
17
18
19
The following table illustrates a limitation mapping of the limitations of claim 1+2, 8+9 and 15+16 of the present application compared to the limitations of claims 1, 8 and 15 of Pat# US 12388500 B2.
Instant Application
Pat# US 12388500 B2
1. A method comprising:
determining to receive uplink data from an Ambient Power (AMP) group;
transmitting a session initialization message to a receiver AP instructing the receiver AP to receive the uplink data from the AMP device group;
receiving an initialization response from the receiver AP indicating the receiver AP will receive the uplink data; and
transmitting an AMP device initialization signal to the AMP device group indicating to the AMP device group to perform scattering without collisions.
2. The method of claim 1, further comprising transmitting an excitation transmission for the AMP device group to perform scattering.
1. A method comprising:
determining to receive uplink data from an Ambient Power (AMP) Backscatter Device (BKD) group;
transmitting a session initialization message to a receiver Access Point (AP) instructing the receiver AP to receive the uplink data from the AMP BKD group;
receiving an initialization response from the receiver AP indicating the receiver AP will receive the uplink data;
transmitting an AMP BKD initialization signal to the AMP BKD group indicating to the AMP BKD group to perform scattering without collisions; and
transmitting an excitation transmission for the AMP BKD group to perform scattering.
8. A system comprising:
a memory storage; and a processing unit coupled to the memory storage, wherein the processing unit is operative to:
determine to receive uplink data from an Ambient Power (AMP) device group;
transmit a session initialization message to a receiver AP instructing the receiver AP to receive the uplink data from the AMP device group;
receive an initialization response from the receiver AP indicating the receiver AP will receive the uplink data; and
transmit an AMP device initialization signal to the AMP device group indicating to the AMP device group to perform scattering without collisions.
9. The system of claim 8, the processing unit being further operative to transmit an excitation transmission for the AMP device group to perform scattering.
8. A system comprising: a memory storage; and a processing unit coupled to the memory storage, wherein the processing unit is operative to:
determine to receive uplink data from an Ambient Power (AMP) Backscatter Device (BKD) group;
transmit a session initialization message to a receiver Access Point (AP) instructing the receiver AP to receive the uplink data from the AMP BKD group;
receive an initialization response from the receiver AP indicating the receiver AP will receive the uplink data;
transmit an AMP BKD initialization signal to the AMP BKD group indicating to the AMP BKD group to perform scattering without collisions; and
transmit an excitation transmission for the AMP BKD group to perform scattering.
15. A non-transitory computer-readable medium that stores a set of instructions which when executed perform a method executed by the set of instructions comprising:
determining to receive uplink data from an Ambient Power (AMP) device group;
transmitting a session initialization message to a receiver AP instructing the receiver AP to receive the uplink data from the AMP device group;
receiving an initialization response from the receiver AP indicating the receiver AP will receive the uplink data; and
transmitting an AMP device initialization signal to the AMP device group indicating to the AMP device group to perform scattering without collisions.
16. The non-transitory computer-readable medium of claim 15, the method executed by the set of instructions further comprising transmitting an excitation transmission for the AMP device group to perform scattering.
15. A non-transitory computer-readable medium that stores a set of instructions which when executed perform a method executed by the set of instructions comprising:
determining to receive uplink data from an Ambient Power (AMP) Backscatter Device (BKD) group;
transmitting a session initialization message to a receiver Access Point (AP) instructing the receiver AP to receive the uplink data from the AMP BKD group;
receiving an initialization response from the receiver AP indicating the receiver AP will receive the uplink data;
transmitting an AMP BKD initialization signal to the AMP BKD group indicating to the AMP BKD group to perform scattering without collisions; and
transmitting an excitation transmission for the AMP BKD group to perform scattering.
It is clear that all the elements of the instant application 1+2, 8+9 and 15+16 are same as those found in the patent claims 1, 8 and 15, respectively and hence the instant claims 1+2, 8+9 and 15+16 are claiming the same invention as that of claims 1, 8 and 15 of prior Pat# US 12388500 B2.
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, 2, 8, 9, 11, 15, 16 and 18 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Mahalingam et al. (WO 2022/170267 A1 cited in submitted IDS).
Regarding Claim 1, Mahalingam et al. discloses;
A method (Fig. 8) comprising:
determining to receive uplink data from an Ambient Power (AMP) group (Fig. 2, 4, 9, Para. [0025], [0093], [0106], [0172]: “a BID message” is sent to “... groups 1 and 2 [Ambient Power (AMP) group] ..." that “indicates a backscattering opportunity [determining to receive uplink data].” “the AP signals to the devices that they have UL grants to utilize. In some implementations, for this purpose, the AP sends a trigger frame and transmits the identities of STAs that have UL grants to utilize”);
transmitting a session initialization message to a receiver AP (Fig. 4, 9, Para. [0202]: “AP1 (e.g., using techniques described herein) determines a schedule [session initialization message]”) instructing the receiver AP to receive the uplink data from the AMP device group (Fig. 4, 9, Para. [0202]: “AP1 (e.g., using techniques described herein) determines a schedule of when BSTA b is required to transmit on the UL, and transmits DL data (A-MPDU) to a participating, coordinated AP (AP2) [a receiver AP] by forming aggregated MAC PDUs (A-MPDUs) with fixed, smaller payload sizes and associated CRC. AP2 transmits a block ACK 11111 to AP 1”);
receiving an initialization response from the receiver AP (Fig. 9: AP1 receives “ACK”/ initialization response for AP2) indicating the receiver AP will receive the uplink data (Fig. 9, Para. [0202]: “ACK” response indicates “when BSTA b is required to transmit on the UL, and transmits DL data (A-MPDU) to a participating, coordinated AP (AP2)”); and
transmitting an AMP device initialization signal to the AMP device group (Para. [0093], [0112, [0114]: “a Backscatter Indication message (BID) message is transmitted by an AP to one or more identified BSTAs…a BID message indicates a backscatter duration”) indicating to the AMP device group to perform scattering without collisions (Para. [0112]: “to facilitate the BSTAs, the AP transmits a BID message indicating the identities of one or more BSTAs, and an associated duration [perform backscattering/scattering without collisions]”).
Regarding Claim 2, Mahalingam et al. discloses;
further comprising transmitting an excitation transmission for the AMP device group to perform scattering (Fig. 2, Para, [0114]: “the AP is shown effectively as operating in-band full duplex in the sense that it transmits a carrier wave (marked as Carrier) as an INT_SIG [excitation transmission] for the BSTAs to backscatter and receives the backscattered signal from the BSTA”).
Regarding Claim 8, Mahalingam et al. discloses;
A system (Fig. 1B) comprising:
a memory storage (Fig. 1B: memory 130 and 132); and
a processing unit coupled to the memory storage (Fig. 1B: processor 118 coupled to memory 130 and 132), wherein the processing unit is operative to:
determine to receive uplink data from an Ambient Power (AMP) device group (Fig. 2, 4, 9, Para. [0025], [0093], [0106], [0172]: “a BID message” is sent to “... groups 1 and 2 [Ambient Power (AMP) group] ..." that “indicates a backscattering opportunity [determining to receive uplink data].” “the AP signals to the devices that they have UL grants to utilize. In some implementations, for this purpose, the AP sends a trigger frame and transmits the identities of STAs that have UL grants to utilize”);
transmit a session initialization message to a receiver AP (Fig. 4, 9, Para. [0202]: “AP1 (e.g., using techniques described herein) determines a schedule [session initialization message]”) instructing the receiver AP to receive the uplink data from the AMP device group (Fig. 4, 9, Para. [0202]: “AP1 (e.g., using techniques described herein) determines a schedule of when BSTA b is required to transmit on the UL, and transmits DL data (A-MPDU) to a participating, coordinated AP (AP2) [a receiver AP] by forming aggregated MAC PDUs (A-MPDUs) with fixed, smaller payload sizes and associated CRC. AP2 transmits a block ACK 11111 to AP 1”);
receive an initialization response from the receiver AP (Fig. 9: AP1 receives “ACK”/ initialization response for AP2) indicating the receiver AP will receive the uplink data (Fig. 9, Para. [0202]: “ACK” response indicates “when BSTA b is required to transmit on the UL, and transmits DL data (A-MPDU) to a participating, coordinated AP (AP2)”); and
transmit an AMP device initialization signal to the AMP device group (Para. [0093], [0112, [0114]: “a Backscatter Indication message (BID) message is transmitted by an AP to one or more identified BSTAs…a BID message indicates a backscatter duration”) indicating to the AMP device group to perform scattering without collisions (Para. [0112]: “to facilitate the BSTAs, the AP transmits a BID message indicating the identities of one or more BSTAs, and an associated duration [perform backscattering/scattering without collisions]”).
Regarding Claim 9, Mahalingam et al. discloses;
transmit an excitation transmission for the AMP device group to perform scattering (Fig. 2, Para, [0114]: “the AP is shown effectively as operating in-band full duplex in the sense that it transmits a carrier wave (marked as Carrier) as an INT_SIG [excitation transmission] for the BSTAs to backscatter and receives the backscattered signal from the BSTA”).
Regarding Claim 11, Mahalingam et al. discloses;
delay transmitting the excitation transmission after a delay period (Fig. 6B, Para. [0178]: “the time schedule may indicate a start time offset and duration and may imply a possible periodic service. In some implementations, the AP may indicate that the power optimized waveform (POW) [excitation transmission] time schedule is periodic, or the AP can determine a different schedule for POW delivery and cancel the currently valid time schedule.” Fig. 6B: CW/INT_SIG/ excitation transmission has a delay period).
Regarding Claim 15, Mahalingam et al. discloses;
A non-transitory computer-readable medium that stores a set of instructions which when executed perform a method executed by the set of instructions (Para. [0224]: “the methods described herein may be implemented in a computer program, software, or firmware incorporated in a computer-readable medium for execution by a computer or processor”) comprising:
determining to receive uplink data from an Ambient Power (AMP) group (Fig. 2, 4, 9, Para. [0025], [0093], [0106], [0172]: “a BID message” is sent to “... groups 1 and 2 [Ambient Power (AMP) group] ..." that “indicates a backscattering opportunity [determining to receive uplink data].” “the AP signals to the devices that they have UL grants to utilize. In some implementations, for this purpose, the AP sends a trigger frame and transmits the identities of STAs that have UL grants to utilize”);
transmitting a session initialization message to a receiver AP (Fig. 4, 9, Para. [0202]: “AP1 (e.g., using techniques described herein) determines a schedule [session initialization message]”) instructing the receiver AP to receive the uplink data from the AMP device group (Fig. 4, 9, Para. [0202]: “AP1 (e.g., using techniques described herein) determines a schedule of when BSTA b is required to transmit on the UL, and transmits DL data (A-MPDU) to a participating, coordinated AP (AP2) [a receiver AP] by forming aggregated MAC PDUs (A-MPDUs) with fixed, smaller payload sizes and associated CRC. AP2 transmits a block ACK 11111 to AP 1”);
receiving an initialization response from the receiver AP (Fig. 9: AP1 receives “ACK”/ initialization response for AP2) indicating the receiver AP will receive the uplink data (Fig. 9, Para. [0202]: “ACK” response indicates “when BSTA b is required to transmit on the UL, and transmits DL data (A-MPDU) to a participating, coordinated AP (AP2)”); and
transmitting an AMP device initialization signal to the AMP device group (Para. [0093], [0112, [0114]: “a Backscatter Indication message (BID) message is transmitted by an AP to one or more identified BSTAs…a BID message indicates a backscatter duration”) indicating to the AMP device group to perform scattering without collisions (Para. [0112]: “to facilitate the BSTAs, the AP transmits a BID message indicating the identities of one or more BSTAs, and an associated duration [perform backscattering/scattering without collisions]”).
Regarding Claim 16, Mahalingam et al. discloses;
transmitting an excitation transmission for the AMP device group to perform scattering (Fig. 2, Para, [0114]: “the AP is shown effectively as operating in-band full duplex in the sense that it transmits a carrier wave (marked as Carrier) as an INT_SIG [excitation transmission] for the BSTAs to backscatter and receives the backscattered signal from the BSTA”).
Regarding Claim 18, Mahalingam et al. discloses;
transmitting the excitation transmission after a delay period (Fig. 6B, Para. [0178]: “the time schedule may indicate a start time offset and duration and may imply a possible periodic service. In some implementations, the AP may indicate that the power optimized waveform (POW) [excitation transmission] time schedule is periodic, or the AP can determine a different schedule for POW delivery and cancel the currently valid time schedule.” Fig. 6B: CW/INT_SIG/ excitation transmission has a delay period).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
YANG et al. (US 20250192879 A1) discloses (Abstract, Fig. 5) “a method for wireless communication by a first receiver, such as a passive RFID tag. The method generally includes receiving, from a transmitter, a first signal initiating a first inventory round and in response to receiving the first signal, backscattering a second signal to the transmitter, wherein the second signal is backscattered using resources specific to the first receiver.”
Fahim et al. (US 20240172166 A1) discloses (Abstract, Fig. 4, 5) “methods, and devices for wireless communication that support backscatter-based positioning. In a first aspect, a method of wireless communication includes receiving a tag device indicator that indicates a tag capability of a tag device. The method also includes transmitting, to a first transmission/reception point (TRP) of a plurality of TRPs, a positioning reference signal (PRS) configuration associated with a PRS, the PRS configuration based on the tag capability, the plurality of TRPs including the first TRP designated as a transmit (Tx) TRP and a second TRP designated as a receive (Rx) TRP. The method further includes receiving a measurement report from the second TRP based on a backscatter signal of the positioning reference signal transmitted by the first TRP.”
Wang et al. (US 20230189269 A1) discloses (Abstract, Fig. 4) “Systems, methods, and devices for wireless communication that support mechanisms for configuring an uplink relay for wireless powered IoT operations in a wireless communication system. A base station transmits a power signal to wireless powered IoT devices. The wireless powered IoT devices harvest energy from the power signal to power their reception/transmission circuitry. The base station transmits an information signal to trigger the wireless powered IoT devices to reflect a backscatter transmission. The wireless powered IoT devices transmit a backscatter transmission in response to receiving the information signal from the base station. The base station transmits configurations to a UE including configuration information respectively corresponding to the wireless powered IoT devices, and include information that the UE may use to detect the backscatter transmissions from the wireless powered IoT devices and relay them to the base station based on the configurations.”
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/AMNEET SINGH/Examiner, Art Unit 2633 /SAM K AHN/Supervisory Patent Examiner, Art Unit 2633
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