Prosecution Insights
Last updated: August 18, 2026
Application No. 18/058,148

BACKSCATTER-BASED POSITIONING

Non-Final OA §103
Filed
Nov 22, 2022
Examiner
RAYNAL, ASHLEY BROWN
Art Unit
3648
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Qualcomm Incorporated
OA Round
5 (Non-Final)
79%
Grant Probability
Favorable
5-6
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 79% — above average
79%
Career Allowance Rate
37 granted / 47 resolved
+26.7% vs TC avg
Strong +22% interview lift
Without
With
+21.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
27 currently pending
Career history
79
Total Applications
across all art units

Statute-Specific Performance

§101
6.7%
-33.3% vs TC avg
§103
48.0%
+8.0% vs TC avg
§102
21.1%
-18.9% vs TC avg
§112
24.2%
-15.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 47 resolved cases

Office Action

§103
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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 04/01/2026 has been entered. Claims 1, 10, 16 and 24 have been amended. Claims 21 and 29 have been previously canceled. Response to Arguments Applicant’s arguments and remarks filed on 04/01/2026 have been fully considered. Applicant’s amendments overcome the 35 U.S.C. 112(b) rejection of claims 1-15. Applicant’s arguments provided for the 35 U.S.C. §102 rejection of claims 16, 18-22, 24 and 26-30 and the §103 rejections of claims 1-8, 10-14, 17, 23 and 25 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. Applicant’s arguments provided for the 35 U.S.C. §103 rejection of claim 20 have been considered but are not persuasive. (A) Applicant argues, “Claim 20 is rejected under 35 U.S.C. § 103 as being unpatentable over Saily in view of Moshfeghi. “Moshfeghi was cited for allegedly teaching the additional recitations of claim 20-namely, "receiving an energy report from the tag device that indicates an amount of energy available at the tag device; and transmitting the positioning reference signal based on the positioning reference signal configuration and based on the amount of energy available at the tag device." Office Action at p. 54. “Moshfeghi describes that "when the battery level of tag 1009 falls below a certain predetermined power level, tag 1009 transmits a battery-low signal to a nearby reader(s) such as reader 162 indicating its low power status." Moshfeghi, [0094]. The cited portion further describes that "reader 162 subsequently reprograms tag 1009 including its sensor to conserve battery consumption within tag 1009" or "reader 162 reprograms other available and/or nearby devices with higher battery levels such as tag 1008...to perform tasks which were previously performed by tag 1009." Id. That is, the cited portions merely describe transmitting a battery-low signal and/or reprogramming other nearby devices with higher battery level to perform tasks previously assigned to tag 1009. Moshfeghi is completely silent regarding a report from tag 1009 that indicates an amount of energy available at the tag 1009. Moshfeghi is further silent regarding the PRS being transmitted based on the amount of energy available at tag 1009. Thus, Saily and Moshfeghi, alone or in combination, do not teach the recitations of claim 20. As such, Applicant requests withdrawal of the rejection of record.” (from remarks pages 7-8). As to point (A), Examiner respectfully disagrees. Applicant asserts that Säily and Moshfeghi alone or in combination do not teach the limitations of claim 20. Examiner notes that the “battery-low signal” transmitted to readers, as taught by Moshfeghi in [0094], is a report indicating an amount of energy available at the tag, given that tag energy is stored in the battery. Furthermore, Säily teaches that the identities of successfully configured tags are forward to the LMF before the LMF activates the PRS transmission (see [0079] – [0080]). Thus, the PRS signal is transmitted based on the tags being functional, which is an indication that they have at least enough energy to function. In the context of the tasks performed by the tags of Säily, it would have been obvious to configure the PRS signals not just in view of which tags have sufficient energy to send an acknowledgement (as taught in [0079] – [0080]), but further in view of a more detailed understanding of the energy available at each tag, as enabled by the teachings of Moshfeghi. Doing so would allow Säily to direct tasks preferentially to tags with higher energy levels, in accordance with the methods of graceful system degradations taught by Moshfeghi (see [0081]). 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. Claims 16, 18-22, 24 and 26-30 are rejected under 35 U.S.C. 103 as being unpatentable over Säily et al. (US-20240163840-A1; hereinafter Säily) in view of Elkotby et al. (US-20240215067-A1; hereinafter Elkotby). Regarding claim 16, Säily discloses [note, what Säily fails to disclose is strike-through]: a method of wireless communication performed by a transmission/reception point (TRP) associated with a network entity (see at least [0070]; “gNB 712 may be in communication with UEs, such as UE0 (an initiator UE in this example), and additional (non-initiator) UEs, such as UE 1 , UE2, UE3…”), the method comprising: receiving, from a network entity, a TRP configuration associated with a positioning reference signal for a tag device (see at least [0073]; “(FIG. 7) gNB PRS configuration: The serving gNB may send a positioning request to the initiator UE. The serving gNB 712 configures the initiator UE (UE0) with the UL-PRS resources and configures the selected UEs to monitor the channels during aperiodic wake-up. Thus, at 3), gNB 712 may send a message to UE0, UE1 , UE2, and UE3 to indicate the time-frequency resources over which UE0 may transmit a PRS signal. Also, gNB 712 may also indicate to the UEs the backscatter frequency offsets (or vacant sidelink channels) that are assigned to each of the backscatter nodes or tags.”), the TRP configuration based on a tag capability of the tag device (see at least [0058] – [0059]; “The network node may configure UEs and/or backscatter nodes, and may also receive channel estimate information from one or more UEs, as part of a positioning procedure to allow a location or position of one or more backscatter nodes to be determined…Operation 420 includes controlling transmitting, by the network node to the first user device, the time-frequency resources for transmission of the positioning signal by the first user device via sidelink communication, and information identifying the backscatter frequency offsets assigned to the backscatter nodes to be positioned. Operation 430 includes controlling transmitting, by the network node to a plurality of second user devices, the information identifying the backscatter frequency offsets assigned to the backscatter nodes to be positioned, for the second user devices to receive a backscatter signal from at least some of the backscatter nodes to be positioned, wherein each of the backscatter signals is based on the positioning signal that has been frequency shifted by an assigned backscatter frequency offset and reflected by each of at least some of the backscatter nodes to be positioned.” Examiner interprets offsetting the frequency to be a tag capability, and Examiner interprets configuring the transmitter and receiver UEs according to the backscatter frequency offsets as designating the TRPs based on this tag capability.), wherein the TRP configuration includes (see at least [0082]; “8) (FIG. 7) PRS measurement: The backscatter nodes shift the frequency of the incoming (received) PRS (from the initiator UE) to their assigned backscatter frequency offsets or assigned channels and reflect the frequency shifted signal. Non-initiator or neighbor UEs receive backscatter (frequency shifted and reflected) signals from one or more backscatter nodes. The non-initiator or neighboring UEs monitor (e.g., perform correlation on each of the channels) the assigned channels (channels or time-frequency resources associated with different backscatter frequency offsets) and estimate the channels that exceed a reference signal received power (RSRP) threshold of ≥−100 dBm.”) and each TRP of a plurality of Tx TRPs (any of the plurality of UEs may have the initiator role and may transmit the PRS signal, see at least [0084]; “This switching of initiator role may be switched, e.g., because the responses (backscatter signals) of the backscatter nodes may be relatively weak, and not all of the backscatter signal responses from the backscatter nodes may be received using only one initiator UE (that transmits the PRS signal), depending on the coverage of the UEs from a single iteration (using only one initiator UE).”) refrains from transmitting (see at least Fig. 7, where UE PRS transmission in step 7b is shown taking place prior to PRS measurement in step 8. See also description of step 7b in [0081]); receiving a backscatter signal from the tag device (see at least [0083]; “(FIG. 7) Channel estimates: The UEs measure the channel estimates (determine channel estimation information) based on the received backscatter (frequency shifted and reflected) signals received from the backscatter nodes.”), the backscatter signal is generated based on the positioning reference signal (see at least [0082]; “(FIG. 7) PRS measurement: The backscatter nodes shift the frequency of the incoming (received) PRS (from the initiator UE) to their assigned backscatter frequency offsets or assigned channels and reflect the frequency shifted signal.”); and transmitting a measurement report based on the backscatter signal (see at least [0082]; “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. The initiator UE (UE0) may then send to the gNB 712 and/or LMF 710, the received channel estimate information (e.g., received from other UEs, and possibly also its own measured channel estimate information), for one or more UEs, and one or more backscatter nodes, and send those estimates to the LMF for position estimation. Alternatively, each UE may directly send its measured channel estimate information to gNB 712 and/or LMF 710.”). However, Säily does not explicitly teach the configuration information including a measurement gap configuration. Säily teaches backscatter node positioning within wireless networks, and Elkotby is directed to random channel access over zero energy air-interfaces. Elkotby teaches: receiving, from a network entity, a configuration associated with a signal for a tag device, the configuration based on a tag capability of the tag device (see at least [0332]; “In an embodiment, a base station serving a (e.g., semi) passive WTRU may perform interrogator (re-)selection in a WTRU-transparent method. For example, (e.g., in a first step) the serving base station may receive capability information indicating the WTRU's capability and may configure (e.g., transmit configuration information to) the WTRU and interrogating WTRUs.”); wherein the TRP configuration includes a measurement gap configuration that indicates a time period during which each TRP of a plurality of Tx TRPs refrains from transmitting (see at least [0332]; “In another example, the serving base station may measure the received backscattered signal strength during measurement gaps configured at any of the backscattering WTRU and interrogating WTRUs.”). Säily teaches a transmitter that interrogates backscatter nodes according to certain time-frequency resources, and the backscatter response is detected by a plurality of receivers. Elkotby teaches multiple transmitters that interrogate a backscatter node according to certain time-frequency resources, and the backscatter response is detected by a receiver. Elkotby teaches that the transmitter may be configured to have measurement gaps during which it does not transmit. Säily teaches that transmitting takes place in the step before receiving. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that the time period in the process of Säily where backscatter signals are received after a transmission step could be set in the configuration information as a measurement gap, as taught by Elkotby. Regarding claim 18, Säily in view of Elkotby teaches the method of claim 16. Säily further teaches: wherein: the TRP configuration includes a positioning reference signal configuration (see at least [0072]; “The gNB 712 may determine the time-frequency resources for positioning signal (e.g., uplink-PRS) transmission (e.g., sidelink resources) for locating the backscatter nodes or tags (BN1, BN2, BN3, ...)”), and the positioning reference signal configuration indicates a repetition of the positioning reference signal, a comb pattern configuration, a bandwidth of the positioning reference signal, time during which the positioning reference signal is scheduled to be transmitted, or a combination thereof (see at least [0072]; “These resources may include the time and frequency resources that the initiator UE (UE0) uses to transmit the PRS, and the frequency resources (e.g., vacant or unoccupied sidelink channels corresponding to backscatter frequency offsets) the backscatter nodes may use to frequency shift and reflect the incoming PRS.”). Regarding claim 19, Säily in view of Elkotby teaches the method of claim 18. Säily further teaches: further comprising transmitting the positioning reference signal based on the positioning reference signal configuration (see at least [0081]; “(FIG. 7) Activate UE PRS transmission: The gNB 712 activates the UE’s PRS transmission. The initiator UE (UE0) performs the positioning (e.g., PRS) signal transmission according to the time domain behavior of PRS resource configuration using the sidelink (e.g., initiator UE transmits PRS signal via time-frequency resources of sidelink channel, that have been allocated by gNB 712 for PRS transmission).”). Regarding claim 22, Säily in view of Elkotby teaches the method of claim 16. Säily further teaches: further comprising: requesting, based on the measurement gap configuration, a neighboring TRP to not schedule a transmission in association with the position reference signal (see at least [0073]; “(FIG. 7) gNB PRS configuration: The serving gNB may send a positioning request to the initiator UE. The serving gNB 712 configures the initiator UE (UE0) with the UL-PRS resources and configures the selected UEs to monitor the channels during aperiodic wake-up. Thus, at 3), gNB 712 may send a message to UE0, UE1 , UE2, and UE3 to indicate the time-frequency resources over which UE0 may transmit a PRS signal.” Examiner considers that by directing one of the UEs to transmit and the others to monitor, the gNB is instructing the monitoring UEs to not schedule a transmission), the backscatter signal, or a combination thereof, and wherein the TRP refrains from scheduling one or more transmissions to occur during the time period (see at least [0088]; “Initiator UE0 will transmit the PRS signal using the time-frequency resources, and at least the non- initiator UEs (UE1, UE2, UE3) may monitor the indicated backscatter frequency offsets or vacant sidelink channels to receive the backscatter signals…”). Regarding claim 24, Säily discloses: a transmission/reception point (TRP) associated with a network entity comprising: a memory storing processor-readable code; and at least one processor coupled to the memory, the at least one processor configured to execute the processor-readable code to cause the at least one processor to (see at least [0006]; “Other example embodiments are provided or described for each of the example methods, including: means for performing any of the example methods; a non-transitory computer-readable storage medium comprising instructions stored thereon that, when executed by at least one processor, are configured to cause a computing system to perform any of the example methods; and an apparatus including at least one processor, and at least one memory including computer program code, the at least one memory and the computer program code configured to, with the at least one processor, cause the apparatus at least to perform any of the example methods.”): receive, from a network entity, a TRP configuration associated with a positioning reference signal for a tag device (see at least [0073]; “(FIG. 7) gNB PRS configuration: The serving gNB may send a positioning request to the initiator UE. The serving gNB 712 configures the initiator UE (UE0) with the UL-PRS resources and configures the selected UEs to monitor the channels during aperiodic wake-up. Thus, at 3), gNB 712 may send a message to UE0, UE1 , UE2, and UE3 to indicate the time-frequency resources over which UE0 may transmit a PRS signal. Also, gNB 712 may also indicate to the UEs the backscatter frequency offsets (or vacant sidelink channels) that are assigned to each of the backscatter nodes or tags.”), the TRP configuration based on a tag capability of the tag device (see at least [0058] – [0059]; “The network node may configure UEs and/or backscatter nodes, and may also receive channel estimate information from one or more UEs, as part of a positioning procedure to allow a location or position of one or more backscatter nodes to be determined…Operation 420 includes controlling transmitting, by the network node to the first user device, the time-frequency resources for transmission of the positioning signal by the first user device via sidelink communication, and information identifying the backscatter frequency offsets assigned to the backscatter nodes to be positioned. Operation 430 includes controlling transmitting, by the network node to a plurality of second user devices, the information identifying the backscatter frequency offsets assigned to the backscatter nodes to be positioned, for the second user devices to receive a backscatter signal from at least some of the backscatter nodes to be positioned, wherein each of the backscatter signals is based on the positioning signal that has been frequency shifted by an assigned backscatter frequency offset and reflected by each of at least some of the backscatter nodes to be positioned.” Examiner interprets offsetting the frequency to be a tag capability, and Examiner interprets configuring the transmitter and receiver UEs according to the backscatter frequency offsets as designating the TRPs based on this tag capability.), wherein the TRP configuration includes (see at least [0082]; “8) (FIG. 7) PRS measurement: The backscatter nodes shift the frequency of the incoming (received) PRS (from the initiator UE) to their assigned backscatter frequency offsets or assigned channels and reflect the frequency shifted signal. Non-initiator or neighbor UEs receive backscatter (frequency shifted and reflected) signals from one or more backscatter nodes. The non-initiator or neighboring UEs monitor (e.g., perform correlation on each of the channels) the assigned channels (channels or time-frequency resources associated with different backscatter frequency offsets) and estimate the channels that exceed a reference signal received power (RSRP) threshold of ≥−100 dBm.”) and each TRP of a plurality of Tx TRPs (any of the plurality of UEs may have the initiator role and may transmit the PRS signal, see at least [0084]; “This switching of initiator role may be switched, e.g., because the responses (backscatter signals) of the backscatter nodes may be relatively weak, and not all of the backscatter signal responses from the backscatter nodes may be received using only one initiator UE (that transmits the PRS signal), depending on the coverage of the UEs from a single iteration (using only one initiator UE).”) refrains from transmitting (see at least Fig. 7, where UE PRS transmission in step 7b is shown taking place prior to PRS measurement in step 8. See also description of step 7b in [0081]); receive a backscatter signal from the tag device (see at least [0083]; “(FIG. 7) Channel estimates: The UEs measure the channel estimates (determine channel estimation information) based on the received backscatter (frequency shifted and reflected) signals received from the backscatter nodes.”), the backscatter signal is generated based on the positioning reference signal (see at least [0082]; “(FIG. 7) PRS measurement: The backscatter nodes shift the frequency of the incoming (received) PRS (from the initiator UE) to their assigned backscatter frequency offsets or assigned channels and reflect the frequency shifted signal.”); and transmit a measurement report based on the backscatter signal (see at least [0082]; “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. The initiator UE (UE0) may then send to the gNB 712 and/or LMF 710, the received channel estimate information (e.g., received from other UEs, and possibly also its own measured channel estimate information), for one or more UEs, and one or more backscatter nodes, and send those estimates to the LMF for position estimation. Alternatively, each UE may directly send its measured channel estimate information to gNB 712 and/or LMF 710.”). However, Säily does not explicitly teach the configuration information including a measurement gap configuration. Säily teaches backscatter node positioning within wireless networks, and Elkotby is directed to random channel access over zero energy air-interfaces. Elkotby teaches: receive, from a network entity, a configuration associated with a signal for a tag device, the configuration based on a tag capability of the tag device (see at least [0332]; “In an embodiment, a base station serving a (e.g., semi) passive WTRU may perform interrogator (re-)selection in a WTRU-transparent method. For example, (e.g., in a first step) the serving base station may receive capability information indicating the WTRU's capability and may configure (e.g., transmit configuration information to) the WTRU and interrogating WTRUs.”); wherein the TRP configuration includes a measurement gap configuration that indicates a time period during which each TRP of a plurality of Tx TRPs refrains from transmitting (see at least [0332]; “In another example, the serving base station may measure the received backscattered signal strength during measurement gaps configured at any of the backscattering WTRU and interrogating WTRUs.”). Säily teaches transmitters that interrogate backscatter nodes according to certain time-frequency resources, and the backscatter response is detected by a plurality of receivers. Elkotby teaches multiple transmitters that interrogate a backscatter node according to certain time-frequency resources, and the backscatter response is detected by a receiver. Elkotby teaches that the transmitter may be configured to have measurement gaps during which it does not transmit. Säily teaches that transmitting takes place in the step before receiving. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that the time period in the process of Säily where backscatter signals are received after a transmission step could be set in the configuration information as a measurement gap, as taught by Elkotby. Regarding claim 26, Säily in view of Elkotby teaches the TRP of claim 24. Säily further teaches: wherein: the TRP configuration includes a positioning reference signal configuration (see at least [0072]; “The gNB 712 may determine the time-frequency resources for positioning signal (e.g., uplink-PRS) transmission (e.g., sidelink resources) for locating the backscatter nodes or tags (BN1, BN2, BN3, ...)”); and the positioning reference signal configuration indicates a repetition of the PRS, a bandwidth configuration (see at least [0072]; “These resources may include the time and frequency resources that the initiator UE (UE0) uses to transmit the PRS, and the frequency resources (e.g., vacant or unoccupied sidelink channels corresponding to backscatter frequency offsets) the backscatter nodes may use to frequency shift and reflect the incoming PRS.”), a comb pattern configuration, a bandwidth of the PRS, time during which the PRS is scheduled to be transmitted, or a combination thereof. Regarding claim 27, Säily in view of Elkotby teaches the TRP of claim 26. Säily further teaches: where the at least one processor is configured to execute the processor-readable code to cause the at least one processor to transmit the positioning reference signal based on the positioning reference signal configuration (see at least [0081]; “(FIG. 7) Activate UE PRS transmission: The gNB 712 activates the UE’s PRS transmission. The initiator UE (UE0) performs the positioning (e.g., PRS) signal transmission according to the time domain behavior of PRS resource configuration using the sidelink (e.g., initiator UE transmits PRS signal via time-frequency resources of sidelink channel, that have been allocated by gNB 712 for PRS transmission).”). Regarding claim 28, Säily in view of Elkotby teaches the TRP of claim 26. Säily further teaches: wherein the at least one processor is configured to execute the processor-readable code to cause the at least one processor to: receive an energy report from the tag device that indicates an amount of energy available at the tag device (see at least [0078]; “(FIG. 7) 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. The UEs (e.g., UE0 to UE3) may receive the reflected responses (acknowledgements) from the backscatter tags.” Examiner posits that by sending an acknowledgement that the wakeup and configuration were successful, the tag devices thereby provide an indication that an amount of energy is available at the tag device.); and transmit the positioning reference signal based on the positioning reference signal configuration (see at least [0081]; “(FIG. 7) Activate UE PRS transmission: The gNB 712 activates the UE’s PRS transmission. The initiator UE (UE0) performs the positioning (e.g., PRS) signal transmission according to the time domain behavior of PRS resource configuration using the sidelink (e.g., initiator UE transmits PRS signal via time-frequency resources of sidelink channel, that have been allocated by gNB 712 for PRS transmission).”) and based on the amount of energy available at the tag device (see at least [0079]; “Positioning information response: The UEs forward the tag IDs (backscatter node identifiers) of the backscatter nodes that the acknowledgements were received by UEs, to the serving gNB 712. The serving gNB 712 forwards the tag IDs and the UL information to the LMF 710 in a positioning information response message.”). Regarding claim 30, Säily in view of Elkotby teaches the TRP of claim 24. Säily further teaches: wherein: the at least one processor is configured to execute the processor-readable code to cause the at least one processor to request, based on the measurement gap configuration, a neighboring TRP to not schedule a transmission in association with the position reference signal (see at least [0073]; “(FIG. 7) gNB PRS configuration: The serving gNB may send a positioning request to the initiator UE. The serving gNB 712 configures the initiator UE (UE0) with the UL-PRS resources and configures the selected UEs to monitor the channels during aperiodic wake-up. Thus, at 3), gNB 712 may send a message to UE0, UE1 , UE2, and UE3 to indicate the time-frequency resources over which UE0 may transmit a PRS signal.”), the backscatter signal, or a combination thereof; and the at least one processor is configured to execute the processor-readable code to cause the at least one processor (see at least [0006]; “…an apparatus including at least one processor, and at least one memory including computer program code, the at least one memory and the computer program code configured to, with the at least one processor, cause the apparatus at least to perform any of the example methods.”) to refrain from scheduling one or more transmissions to occur during the time period (see at least [0088]; “Initiator UE0 will transmit the PRS signal using the time-frequency resources, and at least the non- initiator UEs (UE1, UE2, UE3) may monitor the indicated backscatter frequency offsets or vacant sidelink channels to receive the backscatter signals…”). Claims 1-8, 10-14, 17, 23 and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Säily in view Elkotby, further in view of Ali et al. (WO-2019149341-A1; hereinafter Ali). Regarding claim 1, Säily discloses [Note: what Säily fails to disclose is strike-through] A method of wireless communication performed by a network entity (see at least [0070]; “A location management function (LMF) 710 may be in communication with a network node or gNB 712. gNB 712 may be in communication with UEs, such as UE0 (an initiator UE in this example), and additional (non-initiator) UEs, such as UE 1 , UE2, UE3, ...Backscatter nodes or tags are also provided, including backscatter node 1 (BN1), BN2, BN3.”), the method comprising: receiving a tag device indicator (see at least Fig. 7 and [0071]; “Positioning information request: 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.”) transmitting, to a first transmission/reception point (TRP) of a plurality of TRPs associated with a network entity (see at least [0070]; “gNB 712 may be in communication with UEs, such as UE0 (an initiator UE in this example), and additional (non-initiator) UEs, such as UE 1 , UE2, UE3…”), a positioning reference signal (PRS) configuration associated with a PRS (see at least [0073]; “(FIG. 7) gNB PRS configuration: The serving gNB may send a positioning request to the initiator UE. The serving gNB 712 configures the initiator UE (UE0) with the UL-PRS resources and configures the selected UEs to monitor the channels during aperiodic wake-up. Thus, at 3), gNB 712 may send a message to UE0, UE1 , UE2, and UE3 to indicate the time-frequency resources over which UE0 may transmit a PRS signal. Also, gNB 712 may also indicate to the UEs the backscatter frequency offsets (or vacant sidelink channels) that are assigned to each of the backscatter nodes or tags.”), the PRS configuration based on a tag capability (see at least [0063] – [0064], where Examiner interprets the ability to reflect and frequency-shift signal to be a tag capability, and the PRS configuration accounts for these expected frequency shifts: “An initiator UE may transmit a reference signal, such as a PRS, the backscatter nodes or tags perform a frequency shift by an assigned backscatter frequency offset and reflect a received reference signal, and other UEs (e.g., at least non-initiator UEs) may measure the PRS in multiple channels (e.g., within the assigned sidelink channels (or backscatter frequency offsets) assigned to each backscatter node or tag…Either the network node (e.g., gNB) or the initiator UE identifies the vacant or unoccupied channels for sidelink communication and the backscatter nodes for the frequency shift, and other UEs to monitor these channels for frequency shifted and reflected PRSs.”), the plurality of TRPs including the first TRP designated as a transmit (Tx) TRP (see at least [0073]; “Initiator UE0 will transmit the PRS signal using the time-frequency resources…”) and a second TRP designated as a receive (Rx) TRP (see at least [0073]; “…at least the non-initiator UEs (UE1, UE2, UE3) may monitor the indicated backscatter frequency offsets or vacant sidelink channels to receive and perform correlation on each sidelink channel to receive or detect the backscatter signals transmitted by the backscatter nodes BN 1 , BN2, BN3.”) based on the tag capability (see at least [0058] – [0059]; “The network node may configure UEs and/or backscatter nodes, and may also receive channel estimate information from one or more UEs, as part of a positioning procedure to allow a location or position of one or more backscatter nodes to be determined…Operation 420 includes controlling transmitting, by the network node to the first user device, the time-frequency resources for transmission of the positioning signal by the first user device via sidelink communication, and information identifying the backscatter frequency offsets assigned to the backscatter nodes to be positioned. Operation 430 includes controlling transmitting, by the network node to a plurality of second user devices, the information identifying the backscatter frequency offsets assigned to the backscatter nodes to be positioned, for the second user devices to receive a backscatter signal from at least some of the backscatter nodes to be positioned, wherein each of the backscatter signals is based on the positioning signal that has been frequency shifted by an assigned backscatter frequency offset and reflected by each of at least some of the backscatter nodes to be positioned.” Examiner interprets offsetting the frequency to be a tag capability, and Examiner interprets configuring the transmitter and receiver UEs according to the backscatter frequency offsets as designating the TRPs based on this tag capability.); transmitting, to the second TRP, a (see at least [0088]; “(FIG. 11) UE PRS configuration: The initiator UE (e.g., UE0 in this example) configures the neighboring UEs to monitor the selected channels. For example, the initiator UE may configure the selected UEs to monitor the channels during aperiodic wake-up.”), wherein there is a time period during which each TRP of a plurality of Rx TRPs is configured to monitor for the backscatter signal (see at least [0082]; “8) (FIG. 7) PRS measurement: The backscatter nodes shift the frequency of the incoming (received) PRS (from the initiator UE) to their assigned backscatter frequency offsets or assigned channels and reflect the frequency shifted signal. Non-initiator or neighbor UEs receive backscatter (frequency shifted and reflected) signals from one or more backscatter nodes. The non-initiator or neighboring UEs monitor (e.g., perform correlation on each of the channels) the assigned channels (channels or time-frequency resources associated with different backscatter frequency offsets) and estimate the channels that exceed a reference signal received power (RSRP) threshold of ≥−100 dBm.”), and each TRP of a plurality of Tx TRPs (any of the plurality of UEs may have the initiator role and may transmit the PRS signal, see at least [0084]; “This switching of initiator role may be switched, e.g., because the responses (backscatter signals) of the backscatter nodes may be relatively weak, and not all of the backscatter signal responses from the backscatter nodes may be received using only one initiator UE (that transmits the PRS signal), depending on the coverage of the UEs from a single iteration (using only one initiator UE).”) is configured to refrain from transmitting (see at least Fig. 7, where UE PRS transmission in step 7b is shown taking place prior to PRS measurement in step 8. See also description of step 7b in [0081]), the plurality of Rx TRPs being a subset of the plurality of TRPs and including the second TRP and the plurality of Tx TRPs being a subset of the plurality of TRPs and including the first TRP (see again [0070]); and receiving a measurement report from the second TRP based on a backscatter signal (see at least [0083]; “(FIG. 7) Channel estimates: The UEs measure the channel estimates (determine channel estimation information) based on the received backscatter (frequency shifted and reflected) signals received from the backscatter nodes. 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. The initiator UE (UE0) may then send to the gNB 712 and/or LMF 710, the received channel estimate information (e.g., received from other UEs, and possibly also its own measured channel estimate information), for one or more UEs, and one or more backscatter nodes, and send those estimates to the LMF for position estimation. Alternatively, each UE may directly send its measured channel estimate information to gNB 712 and/or LMF 710.”) of the positioning reference signal transmitted by the first TRP (see at least [0082]; “(FIG. 7) PRS measurement: The backscatter nodes shift the frequency of the incoming (received) PRS (from the initiator UE) to their assigned backscatter frequency offsets or assigned channels and reflect the frequency shifted signal. Non-initiator or neighbor UEs receive backscatter (frequency shifted and reflected) signals from one or more backscatter nodes.”). However, Säily does not explicitly teach the network entity receiving a tag device indicator that indicates a tag capability of a tag device or the configuration information including a measurement gap configuration. Säily discloses a method for locating backscatter nodes in a wireless network, and Ali is directed to location estimation using RFID tags. Ali teaches a network entity receiving a tag device indicator that indicates a tag capability of a tag device (see at least page 4, line 23—page 5, line 22; “In an implementation form of the network device, the network device is configured to receive information, in particular a tracking request message, from a network server, the information comprising a configuration information for the first and/or the second location estimate. Configuration information can be any information related to the tracking process, e.g. how the signal is constructed, when to start, etc. This provides the advantage that additional information can be provided by the network server which simplifies the design of the RFID tag. In an implementation form of the network device, the configuration information comprises information of the RFID tag, in particular a vendor-specific tag specification of the RFID tag and/or a predefined sub-frame for an RFID signal. This provides the advantage that the network device using this configuration information can efficiently detect the RFID signal. For example the network device can preselect the predefined sub-frame of the RFID signal or use other vendor-specific information to know where to search for the RFID signal. In an implementation form of the network device, the configuration information comprises information on a tag type of the RFID tag, in particular an active tag type and/or a passive tag type, in particular including a passive tag with chip type and a passive chipless tag type. This provides the advantage that the network device knows which kind of tag is used by the sensor device and which type of power supply is used. Using such configuration allows to better coordinate a multiplicity of sensor devices with RFID tags.”). Ali furthermore teaches the PRS configuration based on the tag capability (see at least page 5, lines 7-14; “In an implementation form of the network device, the configuration information comprises information of the RFID tag, in particular a vendor-specific tag specification of the RFID tag and/or a predefined sub-frame for an RFID signal. This provides the advantage that the network device using this configuration information can efficiently detect the RFID signal. For example the network device can preselect the predefined sub-frame of the RFID signal or use other vendor-specific information to know where to search for the RFID signal.”). Säily teaches locating tags using network entities based on a client request, where the client request includes assistance data such as tag identifiers and previous locations. Ali similarly teaches locating tags using network entities based on a client request, where the tracking request message includes configuration information about tag capabilities such as how the tag signal is constructed, timing, and tag type (see page 4, line 35 – page 5, line 23). Both Säily and Aly perform tag location using detailed knowledge of the tag capabilities, where the method of Säily relies on the ability of the tags to frequency-shift their reflected response, and the method of Aly uses, e.g., precise knowledge of the timing of the tag response. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the assistance data provided to the network entity of Säily to include information about the tag capabilities, as taught by Ali. One of ordinary skill would be motivated to include tag capabilities in the assistance information in order to provide the network entity with information useful for communicating efficiently with the tags, as recognized by Ali (see Ali at least page 5, lines 7-14). However, neither Säily nor Aly explicitly teach the configuration information including a measurement gap configuration. Säily teaches backscatter node positioning within wireless networks, and Elkotby is directed to random channel access over zero energy air-interfaces. Elkotby teaches: transmitting to TRPs a configuration based on a tag capability (see at least [0332]; “In an embodiment, a base station serving a (e.g., semi) passive WTRU may perform interrogator (re-)selection in a WTRU-transparent method. For example, (e.g., in a first step) the serving base station may receive capability information indicating the WTRU's capability and may configure (e.g., transmit configuration information to) the WTRU and interrogating WTRUs.”); the configuration including a measurement gap configuration that indicates a time period during which each TRP of a plurality of Tx TRPs refrains from transmitting (see at least [0332]; “In another example, the serving base station may measure the received backscattered signal strength during measurement gaps configured at any of the backscattering WTRU and interrogating WTRUs.”). Säily teaches transmitters that interrogate backscatter nodes according to certain time-frequency resources, and the backscatter response is detected by a plurality of receivers. Elkotby teaches multiple transmitters that interrogate a backscatter node according to certain time-frequency resources, and the backscatter response is detected by a receiver. Elkotby teaches that the transmitter may be configured to have measurement gaps during which it does not transmit. Säily teaches that the transmitting takes place in the step before receiving. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that the time period in the process of Säily where backscatter signals are received after a transmission step could be set in the configuration information as a measurement gap, as taught by Elkotby. Regarding claim 2, Säily in view of Ali and Elkotby discloses the method of claim 1. Säily further discloses wherein: the tag capability includes a tag type, a bandwidth, a positioning reference signal slot periodicity, a sensitivity, a group delay (see at least [0090], where the group delay capabilities of a tag are detailed: “To shift the frequency of the incoming signal, the backscatter tag changes the reflection coefficient of the tag over time so that the reflection coefficient approximates a sine wave. Whereas the sinusoid can be a real sine wave, here, a digital square wave signal approximates the sine wave. To generate the square wave, the RF switch 1212 connects different impedances to the antenna 1210, and the microcontroller unit 914 toggles the RF switch 1212 between impedances Zo and Zi to change the reflection coefficient. Each square wave has a unique toggling frequency which dictates the frequency shift, and each backscatter tag is identified at the receiver from this frequency shift.”), an energy harvesting capability, or a combination thereof, ; and the tag device includes a radio frequency identification (RFID) tag device (see at least [0038]—[0039]; “The techniques described here may use a backscatter communication system as the underlying infrastructure for positioning UEs, mobile devices or assets. A backscatter communication system may include a radio frequency (RF) (or wireless signal) source, a backscatter transmitter and a backscatter receiver. The RF (or wireless signal) source emits RF (or wireless) signals to activate a backscatter node functioning as a backscatter transmitter. Then, the backscatter transmitter modulates and reflects the incoming RF signals… a backscatter communication system may function in two main configurations: monostatic and bistatic. In a monostatic configuration, the RF (or ambient wireless signal) source and the backscatter receiver are (or may be) co-located (e.g., attached or connected, or provided at the same location or position). The backscatter transmitter is (or may be) physically separated. This is the most common configuration found in radio frequency identification (RFID) backscatter systems.”). Regarding claim 3, Säily in view of Ali and Elkotby discloses the method of claim 1. Säily further discloses further comprising: (see at least [0090], where the group delay capabilities of a tag are detailed: “To shift the frequency of the incoming signal, the backscatter tag changes the reflection coefficient of the tag over time so that the reflection coefficient approximates a sine wave. Whereas the sinusoid can be a real sine wave, here, a digital square wave signal approximates the sine wave. To generate the square wave, the RF switch 1212 connects different impedances to the antenna 1210, and the microcontroller unit 914 toggles the RF switch 1212 between impedances Zo and Zi to change the reflection coefficient. Each square wave has a unique toggling frequency which dictates the frequency shift, and each backscatter tag is identified at the receiver from this frequency shift.”); generating a tag configuration based on the tag capability, the tag configuration associated with the PRS and indicates a frequency of the backscatter signal (see at least [0072]; “FIG. 8 is a flow chart illustrating allocation of frequency resources to backscatter nodes according to an example embodiment. There may be, for example, three types of resource allocation scenarios here, e.g., for allocating sidelink channels or backscatter frequency offset (frequency resources) for backscatter nodes to use for frequency shifting and reflection of a received PRS. For example, the frequency resources (e.g., the number of vacant or unoccupied sidelink channels that are available for backscatter transmission) available can be either greater than, equal or less than the number of available backscatter nodes. In these three scenarios, the gNB 712 may assigns the frequency resources (e.g., backscatter frequency offsets or vacant sidelink channels) to the backscatter nodes, e.g., in increasing order of the frequency.”), a quantity of repetitions of the backscatter signal, a timeframe during which the backscatter signal is to be transmitted, or a combination thereof; and transmitting the tag configuration to the tag device (see at least [0073]; “The initiator UE (UE0 in this example) may use the sidelink to send a message to wake up the backscatter nodes, provide synchronization signal (to allow the backscatter nodes to perform synchronization to the initiator UE) and 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).”), and wherein: a tag type of the tag device includes a passive tag, a semi-passive tag (using the description in [0067] - [0069] of the instant specification as a guide, the tags of Säily can be characterized as semi-passive because they contain a battery, but they reflect rather than generate their transmissions. See Säily at least [0038]; “…the backscatter transmitter modulates and reflects the incoming RF signals to the tag operating as the backscatter receiver rather than self-generating the RF (or wireless) signals.” See also Säily paragraph [0090]; “As shown in FIG. 12, the backscatter tag may include an antenna 1210, an RF (radio frequency) switch 1212, a digital controller such as an FPGA or a microcontroller unit 914 (see also FIG. 9), and impedance loads 1214 (Zo and Zi) to change the reflection coefficient of the antenna. The backscatter tag may be powered by a coin cell or a button cell battery.”), or an active tag, and the network entity includes a network, a location management function (LMF), a base station, a tag reader device, or any combination thereof (see at least [0070]; “A location management function (LMF) 710 may be in communication with a network node or gNB 712. gNB 712 may be in communication with UEs, such as UE0 (an initiator UE in this example), and additional (non-initiator) UEs, such as UE 1 , UE2, UE3...”. UEs are shown equivalent to tag reader devices in [0073]: “Initiator UE0 will transmit the PRS signal using the time-frequency resources, and at least the non- initiator UEs (UE1, UE2, UE3) may monitor the indicated backscatter frequency offsets or vacant sidelink channels to receive and perform correlation on each sidelink channel to receive or detect the backscatter signals transmitted by the backscatter nodes BN 1 , BN2, BN3.”). However, Säily does not explicitly teach transmitting, to the tag device, a request for the tag capability of the tag device. Ali teaches transmitting, to the tag device (see at least page 3, lines 27-29; “RFID tags are tags or labels attached to the objects to be identified or localized. Two-way radio transmitter-receivers called interrogators or readers send a signal to the tag and read its response.”), a request for the tag capability of the tag device (see at least page 5, lines 30-34; “In an implementation form of the network device, for a passive chipless tag type, the network device is configured to detect a frequency shift of the first and/or the second response. When detecting frequency shift and/or phase, the network device is able to extract from the backscattered signal ID and/or data information.” As information on tag capability can be detected from the tag response, sending a signal to the tag can be considering requesting the tag capability). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the tag locating method of Säily to include sending transmissions to the tags in order to learn about tag’s capabilities, as taught by Ali. One of ordinary skill would be motivated to include this step in the context of passive tags in order to gain information about the tags such as frequency shift, ID or data information, as recognized by Ali (see Ali at least page 5, lines 30-34). Regarding claim 4, Säily in view of Ali and Elkotby discloses the method of claim 1. Säily further discloses further comprising: generating the PRS configuration (see at least [0072]; “The gNB 712 may determine the time-frequency resources for positioning signal (e.g., uplink-PRS) transmission (e.g., sidelink resources) for locating the backscatter nodes or tags (BN1, BN2, BN3, ...)”), the PRS configuration indicates a repetition of the PRS, a bandwidth configuration (see at least [0072]; “These resources may include the time and frequency resources that the initiator UE (UE0) uses to transmit the PRS, and the frequency resources (e.g., vacant or unoccupied sidelink channels corresponding to backscatter frequency offsets) the backscatter nodes may use to frequency shift and reflect the incoming PRS.”), a comb pattern configuration, or a combination thereof, and wherein transmitting the PRS configuration includes transmitting the PRS configuration to each TRP of the plurality of TRPs (see at least [0073]; “The serving gNB 712 configures the initiator UE (UE0) with the UL-PRS resources and configures the selected UEs to monitor the channels during aperiodic wake-up. Thus, at 3), gNB 712 may send a message to UE0, UE1 , UE2, and UE3 to indicate the time-frequency resources over which UE0 may transmit a PRS signal.”). Regarding claim 5, Säily in view of Ali and Elkotby discloses the method of claim 1. Säily further discloses further comprising: generating a TRP configuration based on a network topology (see at least [0072]; “(FIG. 7) gNB selection and determine uplink/sidelink positioning signal (e.g., PRS) resources: The serving gNB 712 selects the initiator UE (UE0), e.g., which may be a nearest UE to itself from the collection of UEs that serve the backscatter nodes using the assistance data that the LMF 710 sends.”), a measurement report received from the tag device, a previous measurement report associated with the tag device and received from the first TRP or the second TRP, or a combination thereof; and transmitting the TRP configuration to a plurality of TRPs (see at least [0073]; (FIG. 7) gNB PRS configuration: The serving gNB may send a positioning request to the initiator UE. The serving gNB 712 configures the initiator UE (UE0) with the UL-PRS resources and configures the selected UEs to monitor the channels during aperiodic wake-up. Thus, at 3), gNB 712 may send a message to UE0, UE1 , UE2, and UE3 to indicate the time-frequency resources over which UE0 may transmit a PRS signal. Also, gNB 712 may also indicate to the UEs the backscatter frequency offsets (or vacant sidelink channels) that are assigned to each of the backscatter nodes or tags.”), wherein the TRP configuration indicates that the first TRP is designated as the Tx TRP and the second TRP is designated as the Rx TRP (see at least [0073]; “Initiator UE0 will transmit the PRS signal using the time-frequency resources, and at least the non- initiator UEs (UE1, UE2, UE3) may monitor the indicated backscatter frequency offsets or vacant sidelink channels to receive and perform correlation on each sidelink channel to receive or detect the backscatter signals transmitted by the backscatter nodes BN 1 , BN2, BN3.”). Regarding claim 6, Säily in view of Ali and Elkotby discloses the method of claim 1. Säily further discloses further comprising: transmitting a TRP configuration to a plurality of TRPs (see at least [0073]; (FIG. 7) gNB PRS configuration: The serving gNB may send a positioning request to the initiator UE. The serving gNB 712 configures the initiator UE (UE0) with the UL-PRS resources and configures the selected UEs to monitor the channels during aperiodic wake-up. Thus, at 3), gNB 712 may send a message to UE0, UE1 , UE2, and UE3 to indicate the time-frequency resources over which UE0 may transmit a PRS signal. Also, gNB 712 may also indicate to the UEs the backscatter frequency offsets (or vacant sidelink channels) that are assigned to each of the backscatter nodes or tags.”), wherein the TRP configuration indicates that the first TRP is designated as the Tx TRP and the second TRP is designated as the Rx TR (see at least [0073]; “Initiator UE0 will transmit the PRS signal using the time-frequency resources, and at least the non- initiator UEs (UE1, UE2, UE3) may monitor the indicated backscatter frequency offsets or vacant sidelink channels to receive and perform correlation on each sidelink channel to receive or detect the backscatter signals transmitted by the backscatter nodes BN 1 , BN2, BN3.”)., and wherein: the TRP configuration indicates that a third TRP of the plurality of TRPs is designated as the Tx TRP (see at least [0084]; “(FIG. 7) Switch or rotate the initiator UE role to another UE. The gNB 712 (or other entity or node(s)) may assign the initiator UE role to another UE, e.g., to the next closest UE (e.g., UE1). Steps 2 to 8 (FIG. 7) may then be repeated, with UE1 being the initiator UE (e.g., obtaining time-frequency resources for a PRS transmission over sidelink communications, determining or obtaining backscatter frequency offsets or vacant sidelink channels assigned to each backscatter nodes, configuring the backscatter nodes with their assigned backscatter frequency offsets, 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 710. This switching of initiator role may be switched, e.g., because the responses (backscatter signals) of the backscatter nodes may be relatively weak, and not all of the backscatter signal responses from the backscatter nodes may be received using only one initiator UE (that transmits the PRS signal), depending on the coverage of the UEs from a single iteration (using only one initiator UE). Therefore, several iterations may be done to improve the coverage, e.g., by allowing different UEs to transmit the positioning or PRS signal, and thus, allowing a different set/subset of non-initiator UEs to receive and measure channel estimate information based on the frequency shifted and reflected PRS signals.”), and the PRS configuration (see at least [0073]—[0074]; “3) (FIG. 7) gNB PRS configuration: The serving gNB may send a positioning request to the initiator UE. The serving gNB 712 configures the initiator UE (UE0) with the UL-PRS resources and configures the selected UEs to monitor the channels during aperiodic wake-up… 4) Initiator UE transmission of wakeup, synchronization and configuration information to backscatter nodes: The initiator UE (UE0 in this example) may use the sidelink to send a message to wake up the backscatter nodes, provide synchronization signal (to allow the backscatter nodes to perform synchronization to the initiator UE) and 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).”) indicates that the first TRP and the third TRP are configured to transmit frequency domain multiplexed (FDM) positioning reference signals (see at least [0078]; “(FIG. 7) 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. “) or time domain multiplexed positioning reference signals. Regarding claim 7, Säily in view of Ali and Elkotby discloses the method of claim 1. Säily further discloses further comprising: transmitting a TRP configuration that indicates multiple TRPs of the plurality of TRPs are designated as Rx TRPs, the multiple TRPs including the second TRP (see at least [0073]; “(FIG. 7) gNB PRS configuration: The serving gNB may send a positioning request to the initiator UE. The serving gNB 712 configures the initiator UE (UE0) with the UL-PRS resources and configures the selected UEs to monitor the channels during aperiodic wake-up. Thus, at 3), gNB 712 may send a message to UE0, UE1 , UE2, and UE3 to indicate the time-frequency resources over which UE0 may transmit a PRS signal. Also, gNB 712 may also indicate to the UEs the backscatter frequency offsets (or vacant sidelink channels) that are assigned to each of the backscatter nodes or tags.”); receiving, from each TRP of the multiple TRPs, a measurement report from the TRP (see at least [0083]; “(FIG. 7) Channel estimates: The UEs measure the channel estimates (determine channel estimation information) based on the received backscatter (frequency shifted and reflected) signals received from the backscatter nodes. The UEs (e.g., non-initiator UEs, such as UE1 , UE2, UE3) may send their channel estimate information to the initiator UE (UE0)… Alternatively, each UE may directly send its measured channel estimate information to gNB 712 and/or LMF 710.”); and receiving a measurement report from the first TRP (see at least [0083]; “The initiator UE (UE0) may also determine channel estimate information for the backscatter node- UE0 channel based on the received reflected signal. The initiator UE (UE0) may then send to the gNB 712 and/or LMF 710, the received channel estimate information (e.g., received from other UEs, and possibly also its own measured channel estimate information), for one or more UEs, and one or more backscatter nodes, and send those estimates to the LMF for position estimation.”). Regarding claim 8, Säily in view of Ali and Elkotby discloses the method of claim 1. Säily further discloses further comprising: determining a position of the tag device based on the measurement report (see at least [0085]; “(FIG. 7) Position Estimation. Upon receiving all the channel estimates (channel estimate information) from all the iterations (e.g., from multiple UEs and/or for different backscatter node-UE links, as forwarded by different initiator UEs), the gNB 712 and/or LMF 710 may compute or determine the positions of the backscatter nodes and may send a message to the client, application or node that requested the positions or locations of the backscatter nodes or tags.”), wherein determining the position includes calculating a time of arrival (TOA) (see at least [0065]; “The LMF may use the received channel estimate information and the known positions of the UEs (e.g., positions of the measuring UEs and/or initiator UEs) for estimating the backscatter node positions. Using the channel estimates information, the LMF may determine or compute a joint direction of arrival, time of arrival-based estimation of the positions or locations of the backscatter nodes or tags.”), a time difference of arrival (TDOA), an angle of arrival (AoA), or any combination thereof; and transmitting position data that indicates the position (see at least [0131]; “Upon receiving all the channel estimates (channel estimate information) from all the iterations (e.g., from multiple UEs and/or for different backscatter node-UE links, as forwarded by different initiator UEs), the gNB 712 and/or LMF 710 may compute or determine the positions of the backscatter nodes and may send a message to the client, application or node that requested the positions or locations of the backscatter nodes or tags.”). Regarding claim 10, Säily discloses [Note: what Säily fails to disclose is strike-through] A network entity (see at least Fig. 1, Example Wireless Network 130) comprising: a memory storing processor-readable code; and at least one processor coupled to the memory, the at least one processor configured to execute the processor-readable code to cause the at least one processor to (see at least [0006]; “Other example embodiments are provided or described for each of the example methods, including: means for performing any of the example methods; a non-transitory computer-readable storage medium comprising instructions stored thereon that, when executed by at least one processor, are configured to cause a computing system to perform any of the example methods; and an apparatus including at least one processor, and at least one memory including computer program code, the at least one memory and the computer program code configured to, with the at least one processor, cause the apparatus at least to perform any of the example methods.”): receive a tag device indicator (see at least Fig. 7 and [0071]; “Positioning information request: 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 transmit, to a first transmission/reception point (TRP) of a plurality of TRPs associated with a network entity (see at least [0070]; “gNB 712 may be in communication with UEs, such as UE0 (an initiator UE in this example), and additional (non-initiator) UEs, such as UE 1 , UE2, UE3…”), a positioning reference signal (PRS) configuration associated with a PRS (see at least [0073]; “(FIG. 7) gNB PRS configuration: The serving gNB may send a positioning request to the initiator UE. The serving gNB 712 configures the initiator UE (UE0) with the UL-PRS resources and configures the selected UEs to monitor the channels during aperiodic wake-up. Thus, at 3), gNB 712 may send a message to UE0, UE1 , UE2, and UE3 to indicate the time-frequency resources over which UE0 may transmit a PRS signal. Also, gNB 712 may also indicate to the UEs the backscatter frequency offsets (or vacant sidelink channels) that are assigned to each of the backscatter nodes or tags.”), the PRS configuration based on a tag capability (see at least [0063] – [0064], where Examiner interprets the ability to reflect and frequency-shift signal to be a tag capability, and the PRS configuration accounts for these expected frequency shifts: “An initiator UE may transmit a reference signal, such as a PRS, the backscatter nodes or tags perform a frequency shift by an assigned backscatter frequency offset and reflect a received reference signal, and other UEs (e.g., at least non-initiator UEs) may measure the PRS in multiple channels (e.g., within the assigned sidelink channels (or backscatter frequency offsets) assigned to each backscatter node or tag…Either the network node (e.g., gNB) or the initiator UE identifies the vacant or unoccupied channels for sidelink communication and the backscatter nodes for the frequency shift, and other UEs to monitor these channels for frequency shifted and reflected PRSs.”), the plurality of TRPs including the first TRP designated as a transmit (Tx) TRP (see at least [0073]; “Initiator UE0 will transmit the PRS signal using the time-frequency resources…”) and a second TRP designated as a receive (Rx) TRP (see at least [0073]; “…at least the non-initiator UEs (UE1, UE2, UE3) may monitor the indicated backscatter frequency offsets or vacant sidelink channels to receive and perform correlation on each sidelink channel to receive or detect the backscatter signals transmitted by the backscatter nodes BN 1 , BN2, BN3.”) based on the tag capability (see at least [0058] – [0059]; “The network node may configure UEs and/or backscatter nodes, and may also receive channel estimate information from one or more UEs, as part of a positioning procedure to allow a location or position of one or more backscatter nodes to be determined…Operation 420 includes controlling transmitting, by the network node to the first user device, the time-frequency resources for transmission of the positioning signal by the first user device via sidelink communication, and information identifying the backscatter frequency offsets assigned to the backscatter nodes to be positioned. Operation 430 includes controlling transmitting, by the network node to a plurality of second user devices, the information identifying the backscatter frequency offsets assigned to the backscatter nodes to be positioned, for the second user devices to receive a backscatter signal from at least some of the backscatter nodes to be positioned, wherein each of the backscatter signals is based on the positioning signal that has been frequency shifted by an assigned backscatter frequency offset and reflected by each of at least some of the backscatter nodes to be positioned.” Examiner interprets offsetting the frequency to be a tag capability, and Examiner interprets configuring the transmitter and receiver UEs according to the backscatter frequency offsets as designating the TRPs based on this tag capability.); transmitting, to the second TRP, a (see at least [0088]; “(FIG. 11) UE PRS configuration: The initiator UE (e.g., UE0 in this example) configures the neighboring UEs to monitor the selected channels. For example, the initiator UE may configure the selected UEs to monitor the channels during aperiodic wake-up.”), wherein there is a time period during which each TRP of a plurality of Rx TRPs is configured to monitor for the backscatter signal (see at least [0082]; “8) (FIG. 7) PRS measurement: The backscatter nodes shift the frequency of the incoming (received) PRS (from the initiator UE) to their assigned backscatter frequency offsets or assigned channels and reflect the frequency shifted signal. Non-initiator or neighbor UEs receive backscatter (frequency shifted and reflected) signals from one or more backscatter nodes. The non-initiator or neighboring UEs monitor (e.g., perform correlation on each of the channels) the assigned channels (channels or time-frequency resources associated with different backscatter frequency offsets) and estimate the channels that exceed a reference signal received power (RSRP) threshold of ≥−100 dBm.”), .”) and each TRP of a plurality of Tx TRPs (any of the plurality of UEs may have the initiator role and may transmit the PRS signal, see at least [0084]; “This switching of initiator role may be switched, e.g., because the responses (backscatter signals) of the backscatter nodes may be relatively weak, and not all of the backscatter signal responses from the backscatter nodes may be received using only one initiator UE (that transmits the PRS signal), depending on the coverage of the UEs from a single iteration (using only one initiator UE).”) is configured to refrain from transmitting (see at least Fig. 7, where UE PRS transmission in step 7b is shown taking place prior to PRS measurement in step 8. See also description of step 7b in [0081]), the plurality of Rx TRPs being a subset of the plurality of TRPs and including the second TRP and the plurality of Tx TRPs being a subset of the plurality of TRPs and including the first TRP (see again [0070]); and receive a measurement report from the second TRP based on a backscatter signal (see at least [0083]; “(FIG. 7) Channel estimates: The UEs measure the channel estimates (determine channel estimation information) based on the received backscatter (frequency shifted and reflected) signals received from the backscatter nodes. 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. The initiator UE (UE0) may then send to the gNB 712 and/or LMF 710, the received channel estimate information (e.g., received from other UEs, and possibly also its own measured channel estimate information), for one or more UEs, and one or more backscatter nodes, and send those estimates to the LMF for position estimation. Alternatively, each UE may directly send its measured channel estimate information to gNB 712 and/or LMF 710.”) of the positioning reference signal transmitted by the first TRP (see at least [0082]; “(FIG. 7) PRS measurement: The backscatter nodes shift the frequency of the incoming (received) PRS (from the initiator UE) to their assigned backscatter frequency offsets or assigned channels and reflect the frequency shifted signal. Non-initiator or neighbor UEs receive backscatter (frequency shifted and reflected) signals from one or more backscatter nodes.”). However, Säily does not explicitly teach the network entity receiving a tag device indicator that indicates a tag capability of a tag device or the configuration information including a measurement gap configuration. Säily discloses a method for locating backscatter nodes in a wireless network, and Ali is directed to location estimation using RFID tags. Ali teaches a network entity receiving a tag device indicator that indicates a tag capability of a tag device (see at least page 4, line 23—page 5, line 22; “In an implementation form of the network device, the network device is configured to receive information, in particular a tracking request message, from a network server, the information comprising a configuration information for the first and/or the second location estimate. Configuration information can be any information related to the tracking process, e.g. how the signal is constructed, when to start, etc. This provides the advantage that additional information can be provided by the network server which simplifies the design of the RFID tag. In an implementation form of the network device, the configuration information comprises information of the RFID tag, in particular a vendor-specific tag specification of the RFID tag and/or a predefined sub-frame for an RFID signal. This provides the advantage that the network device using this configuration information can efficiently detect the RFID signal. For example the network device can preselect the predefined sub-frame of the RFID signal or use other vendor-specific information to know where to search for the RFID signal. In an implementation form of the network device, the configuration information comprises information on a tag type of the RFID tag, in particular an active tag type and/or a passive tag type, in particular including a passive tag with chip type and a passive chipless tag type. This provides the advantage that the network device knows which kind of tag is used by the sensor device and which type of power supply is used. Using such configuration allows to better coordinate a multiplicity of sensor devices with RFID tags.”). Ali furthermore teaches the PRS configuration based on the tag capability (see at least page 5, lines 7-14; “In an implementation form of the network device, the configuration information comprises information of the RFID tag, in particular a vendor-specific tag specification of the RFID tag and/or a predefined sub-frame for an RFID signal. This provides the advantage that the network device using this configuration information can efficiently detect the RFID signal. For example the network device can preselect the predefined sub-frame of the RFID signal or use other vendor-specific information to know where to search for the RFID signal.”). Säily teaches locating tags using network entities based on a client request, where the client request includes assistance data such as tag identifiers and previous locations. Ali similarly teaches locating tags using network entities based on a client request, where the tracking request message includes configuration information about tag capabilities such as how the tag signal is constructed, timing, and tag type (see page 4, line 35 – page 5, line 23). Both Säily and Aly perform tag location using detailed knowledge of the tag capabilities, where the method of Säily relies on the ability of the tags to frequency-shift their reflected response, and the method of Aly uses, e.g., precise knowledge of the timing of the tag response. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the assistance data provided to the network entity of Säily to include information about the tag capabilities, as taught by Ali. One of ordinary skill would be motivated to include tag capabilities in the assistance information in order to provide the network entity with information useful for communicating efficiently with the tags, as recognized by Ali (see Ali at least page 5, lines 7-14). However, neither Säily nor Aly explicitly teach the configuration information including a measurement gap configuration. Säily teaches backscatter node positioning within wireless networks, and Elkotby is directed to random channel access over zero energy air-interfaces. Elkotby teaches: transmit to a TRP a configuration based on a tag capability (see at least [0332]; “In an embodiment, a base station serving a (e.g., semi) passive WTRU may perform interrogator (re-)selection in a WTRU-transparent method. For example, (e.g., in a first step) the serving base station may receive capability information indicating the WTRU's capability and may configure (e.g., transmit configuration information to) the WTRU and interrogating WTRUs.”); the configuration including a measurement gap configuration that indicates a time period during which each TRP of a plurality of Tx TRPs refrains from transmitting (see at least [0332]; “In another example, the serving base station may measure the received backscattered signal strength during measurement gaps configured at any of the backscattering WTRU and interrogating WTRUs.”). Säily teaches transmitters that interrogate backscatter nodes according to certain time-frequency resources, and the backscatter response is detected by a plurality of receivers. Elkotby teaches multiple transmitters that interrogate a backscatter node according to certain time-frequency resources, and the backscatter response is detected by a receiver. Elkotby teaches that the transmitter may be configured to have measurement gaps during which it does not transmit. Säily teaches that the transmitting takes place in the step before receiving. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that the time period in the process of Säily where backscatter signals are received after a transmission step could be set in the configuration information as a measurement gap, as taught by Elkotby. Regarding claim 11, Säily in view of Ali and Elkotby discloses the network entity of claim 10. Säily further discloses wherein: the at least one processor is configured to execute the processor-readable code to cause the at least one processor to (see at least [0090], where the group delay capabilities of a tag are detailed: “To shift the frequency of the incoming signal, the backscatter tag changes the reflection coefficient of the tag over time so that the reflection coefficient approximates a sine wave. Whereas the sinusoid can be a real sine wave, here, a digital square wave signal approximates the sine wave. To generate the square wave, the RF switch 1212 connects different impedances to the antenna 1210, and the microcontroller unit 914 toggles the RF switch 1212 between impedances Zo and Zi to change the reflection coefficient. Each square wave has a unique toggling frequency which dictates the frequency shift, and each backscatter tag is identified at the receiver from this frequency shift.”), an energy harvesting capability, or a combination thereof; and generate the PRS configuration, the PRS configuration indicates a repetition of the PRS, a bandwidth configuration (see at least [0072]; “FIG. 8 is a flow chart illustrating allocation of frequency resources to backscatter nodes according to an example embodiment. There may be, for example, three types of resource allocation scenarios here, e.g., for allocating sidelink channels or backscatter frequency offset (frequency resources) for backscatter nodes to use for frequency shifting and reflection of a received PRS. For example, the frequency resources (e.g., the number of vacant or unoccupied sidelink channels that are available for backscatter transmission) available can be either greater than, equal or less than the number of available backscatter nodes. In these three scenarios, the gNB 712 may assigns the frequency resources (e.g., backscatter frequency offsets or vacant sidelink channels) to the backscatter nodes, e.g., in increasing order of the frequency.”), a comb pattern configuration, or a combination thereof, and the tag device includes a radio frequency identification (RFID) tag device (see at least [0038]—[0039]; “The techniques described here may use a backscatter communication system as the underlying infrastructure for positioning UEs, mobile devices or assets. A backscatter communication system may include a radio frequency (RF) (or wireless signal) source, a backscatter transmitter and a backscatter receiver. The RF (or wireless signal) source emits RF (or wireless) signals to activate a backscatter node functioning as a backscatter transmitter. Then, the backscatter transmitter modulates and reflects the incoming RF signals… a backscatter communication system may function in two main configurations: monostatic and bistatic. In a monostatic configuration, the RF (or ambient wireless signal) source and the backscatter receiver are (or may be) co-located (e.g., attached or connected, or provided at the same location or position). The backscatter transmitter is (or may be) physically separated. This is the most common configuration found in radio frequency identification (RFID) backscatter systems.”). However, Säily does not explicitly teach transmit, to the tag device, a request for the tag capability of the tag device. Ali teaches transmit, to the tag device (see at least page 3, lines 27-29; “RFID tags are tags or labels attached to the objects to be identified or localized. Two-way radio transmitter-receivers called interrogators or readers send a signal to the tag and read its response.”), a request for the tag capability of the tag device (see at least page 5, lines 30-34; “In an implementation form of the network device, for a passive chipless tag type, the network device is configured to detect a frequency shift of the first and/or the second response. When detecting frequency shift and/or phase, the network device is able to extract from the backscattered signal ID and/or data information.” As information on tag capability can be detected from the tag response, sending a signal to the tag can be considering requesting the tag capability). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the tag locating method of Säily to include sending transmissions to the tags in order to learn about tag’s capabilities, as taught by Ali. One of ordinary skill would be motivated to include this step in the context of passive tags in order to gain information about the tags such as frequency shift, ID or data information, as recognized by Ali (see Ali at least page 5, lines 30-34). Regarding claim 12, Säily in view of Ali and Elkotby discloses the network entity of claim 10. Säily further discloses wherein the at least one processor is configured to execute the processor-readable code to cause the at least one processor to: generate a TRP configuration based on a network topology (see at least [0072]; “(FIG. 7) gNB selection and determine uplink/sidelink positioning signal (e.g., PRS) resources: The serving gNB 712 selects the initiator UE (UE0), e.g., which may be a nearest UE to itself from the collection of UEs that serve the backscatter nodes using the assistance data that the LMF 710 sends.”), a measurement report received from the tag device, a previous measurement report associated with the tag device and received from the first TRP or the second TRP, or a combination thereof; and transmit the TRP configuration to the plurality of TRPs (see at least [0073]; (FIG. 7) gNB PRS configuration: The serving gNB may send a positioning request to the initiator UE. The serving gNB 712 configures the initiator UE (UE0) with the UL-PRS resources and configures the selected UEs to monitor the channels during aperiodic wake-up. Thus, at 3), gNB 712 may send a message to UE0, UE1 , UE2, and UE3 to indicate the time-frequency resources over which UE0 may transmit a PRS signal. Also, gNB 712 may also indicate to the UEs the backscatter frequency offsets (or vacant sidelink channels) that are assigned to each of the backscatter nodes or tags.”), wherein the TRP configuration indicates that: the first TRP is designated as the Tx TRP; the second TRP is designated as the Rx TRP (see at least [0073]; “Initiator UE0 will transmit the PRS signal using the time-frequency resources, and at least the non- initiator UEs (UE1, UE2, UE3) may monitor the indicated backscatter frequency offsets or vacant sidelink channels to receive and perform correlation on each sidelink channel to receive or detect the backscatter signals transmitted by the backscatter nodes BN 1 , BN2, BN3.”); a third TRP of the plurality of TRPs is designated as the Tx TRP; or a combination thereof. Regarding claim 13, Säily in view of Ali and Elkotby discloses the network entity of claim 10. Säily further discloses wherein the at least one processor is configured to execute the processor-readable code to cause the at least one processor to: transmit a TRP configuration that indicates multiple TRPs of the plurality of TRPs are designated as Rx TRPs, the multiple TRPs including the second TRP (see at least [0073]; “(FIG. 7) gNB PRS configuration: The serving gNB may send a positioning request to the initiator UE. The serving gNB 712 configures the initiator UE (UE0) with the UL-PRS resources and configures the selected UEs to monitor the channels during aperiodic wake-up. Thus, at 3), gNB 712 may send a message to UE0, UE1 , UE2, and UE3 to indicate the time-frequency resources over which UE0 may transmit a PRS signal. Also, gNB 712 may also indicate to the UEs the backscatter frequency offsets (or vacant sidelink channels) that are assigned to each of the backscatter nodes or tags.”); and receive, from each TRP of the multiple TRPs (see at least [0083]; “(FIG. 7) Channel estimates: The UEs measure the channel estimates (determine channel estimation information) based on the received backscatter (frequency shifted and reflected) signals received from the backscatter nodes. The UEs (e.g., non-initiator UEs, such as UE1 , UE2, UE3) may send their channel estimate information to the initiator UE (UE0)… Alternatively, each UE may directly send its measured channel estimate information to gNB 712 and/or LMF 710.”). Regarding claim 14, Säily in view of Ali and Elkotby discloses the network entity of claim 10. Säily further discloses wherein the at least one processor is configured to execute the processor-readable code to cause the at least one processor to: determine a position of the tag device based on the measurement report (see at least [0085]; “(FIG. 7) Position Estimation. Upon receiving all the channel estimates (channel estimate information) from all the iterations (e.g., from multiple UEs and/or for different backscatter node-UE links, as forwarded by different initiator UEs), the gNB 712 and/or LMF 710 may compute or determine the positions of the backscatter nodes and may send a message to the client, application or node that requested the positions or locations of the backscatter nodes or tags.”), wherein determining the position includes calculating a time of arrival (TOA) (see at least [0065]; “The LMF may use the received channel estimate information and the known positions of the UEs (e.g., positions of the measuring UEs and/or initiator UEs) for estimating the backscatter node positions. Using the channel estimates information, the LMF may determine or compute a joint direction of arrival, time of arrival-based estimation of the positions or locations of the backscatter nodes or tags.”), a time difference of arrival (TDOA), an angle of arrival (AoA), or any combination thereof; and transmit position data that indicates the position (see at least [0131]; “Upon receiving all the channel estimates (channel estimate information) from all the iterations (e.g., from multiple UEs and/or for different backscatter node-UE links, as forwarded by different initiator UEs), the gNB 712 and/or LMF 710 may compute or determine the positions of the backscatter nodes and may send a message to the client, application or node that requested the positions or locations of the backscatter nodes or tags.”). Regarding claim 17, Säily in view of Elkotby discloses the method of claim 16. Säily further teaches further comprising: determining, based on the TRP configuration, a designation of the TRP as a transmit (Tx) TRP or the Rx TRP (see at least [0072]; “The serving gNB 712 selects the initiator UE (UE0), e.g., which may be a nearest UE to itself from the collection of UEs that serve the backscatter nodes using the assistance data that the LMF 710 sends.” See also [0073]; “The serving gNB may send a positioning request to the initiator UE. The serving gNB 712 configures the initiator UE (UE0) with the UL-PRS resources and configures the selected UEs to monitor the channels during aperiodic wake-up. Thus, at 3), gNB 712 may send a message to UE0, UE1 , UE2, and UE3 to indicate the time-frequency resources over which UE0 may transmit a PRS signal. Also, gNB 712 may also indicate to the UEs the backscatter frequency offsets (or vacant sidelink channels) that are assigned to each of the backscatter nodes or tags. Initiator UE0 will transmit the PRS signal using the time-frequency resources, and at least the non- initiator UEs (UE1, UE2, UE3) may monitor the indicated backscatter frequency offsets or vacant sidelink channels to receive and perform correlation on each sidelink channel to receive or detect the backscatter signals transmitted by the backscatter nodes BN 1 , BN2, BN3.”), and wherein: the tag device includes a radio frequency identification (RFID) tag device (see at least [0038]—[0039]; “The techniques described here may use a backscatter communication system as the underlying infrastructure for positioning UEs, mobile devices or assets. A backscatter communication system may include a radio frequency (RF) (or wireless signal) source, a backscatter transmitter and a backscatter receiver. The RF (or wireless signal) source emits RF (or wireless) signals to activate a backscatter node functioning as a backscatter transmitter. Then, the backscatter transmitter modulates and reflects the incoming RF signals… a backscatter communication system may function in two main configurations: monostatic and bistatic. In a monostatic configuration, the RF (or ambient wireless signal) source and the backscatter receiver are (or may be) co-located (e.g., attached or connected, or provided at the same location or position). The backscatter transmitter is (or may be) physically separated. This is the most common configuration found in radio frequency identification (RFID) backscatter systems.”), and However, Säily does not explicitly teach the TRP is configured to operate in a full duplex mode. Ali teaches the TRP is configured to operate in a full duplex mode (see at least page 2, lines 15-24; “A basic idea of the invention as described hereinafter is the following: 5G BS broadcasts wideband or single carrier RFID signal on a particular sub-frames for aiding tracking and identification of low power sensor devices with RFID tags based on a certain pre-defined system configuration. This system configuration includes the following: Changes in the 5G BS transmitter and receiver processing because of RFID signal generation as described below with respect to Figures 1 and 2; Generation and Insertion of wake-up signal as part of RFID signal generation as described below with respect to Fig. 3; a wideband/single-tone RFID signal with duration and periodicity as part of subframe configuration; a duplexing scheme based on tag response type (e.g. TDD, FDD, Full-duplex) as described below with respect to Fig. 1”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the UEs (equivalent to the TRP of the instant claim) used in Säily to include a full-duplex capability as taught by Ali. One of ordinary skill would be motivated to include a full duplex capability, in order to accommodate different tag response types, as recognized by Ali (see Ali at least page 2, lines 23-24). Regarding claim 23, Säily in view of Elkotby discloses the method of claim 16. Säily further teaches further comprising: receiving, from the network entity, a request for a tag (see at least [0071]; “(FIG. 7) Positioning information request: 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.” See also [0073], where the request is passed on to the UE; “The serving gNB may send a positioning request to the initiator UE. The serving gNB 712 configures the initiator UE (UE0) with the UL-PRS resources and configures the selected UEs to monitor the channels during aperiodic wake-up.”) transmitting, to the tag device, the request (see at least [0074]; “The initiator UE (UE0 in this example) may use the sidelink to send a message to wake up the backscatter nodes, provide synchronization signal (to allow the backscatter nodes to perform synchronization to the initiator UE) and 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).”; receiving, from the tag device, a tag capability indicator that indicates the tag capability (see at least [0078]; “(FIG. 7) 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. The UEs (e.g., UE0 to UE3) may receive the reflected responses (acknowledgements) from the backscatter tags.”), transmitting the tag (see at least [0079]; “(FIG. 7) Positioning information response: The UEs forward the tag IDs (backscatter node identifiers) of the backscatter nodes that the acknowledgements were received by UEs, to the serving gNB 712. The serving gNB 712 forwards the tag IDs and the UL information to the LMF 710 in a positioning information response message.”); receiving, from the network entity a tag configuration based on the tag capability, the tag configuration associated with the positioning reference signal (see at least [0072]; “(FIG. 7) gNB selection and determine uplink/sidelink positioning signal (e.g., PRS) resources: The serving gNB 712 selects the initiator UE (UE0), e.g., which may be a nearest UE to itself from the collection of UEs that serve the backscatter nodes using the assistance data that the LMF 710 sends. The gNB 712 may determine the time-frequency resources for positioning signal (e.g., uplink-PRS) transmission (e.g., sidelink resources) for locating the backscatter nodes or tags (BN1, BN2, BN3, ...). These resources may include the time and frequency resources that the initiator UE (UE0) uses to transmit the PRS, and the frequency resources (e.g., vacant or unoccupied sidelink channels corresponding to backscatter frequency offsets) the backscatter nodes may use to frequency shift and reflect the incoming PRS… The serving gNB 712 configures the initiator UE (UE0) with the UL-PRS resources and configures the selected UEs to monitor the channels during aperiodic wake-up.” Examiner posits that assigning frequency shifts to the backscatter nodes must necessarily be done in view of the backscatter node capabilities.); and transmitting, to the tag device, the tag configuration, and wherein the tag configuration indicates a frequency of the backscatter signal (see at least [0074]; “Initiator UE transmission of wakeup, synchronization and configuration information to backscatter nodes.: The initiator UE (UE0 in this example) may use the sidelink to send a message to wake up the backscatter nodes, provide synchronization signal (to allow the backscatter nodes to perform synchronization to the initiator UE) and 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).”), a quantity of repetitions of the backscatter signal, a timeframe during which the backscatter signal is to be transmitted, or a combination thereof. However, Säily does not explicitly teach a request for a tag capability of the tag device, neither does Säily teach the tag capability includes a tag type, a bandwidth, a positioning reference signal slot periodicity, a sensitivity, a group delay, or a combination thereof, nor does Säily teach transmitting the tag capability indicator to the network entity. Furthermore, because Säily does not include the step of requesting tag capabilities from the tag device, the order of steps in claim 23 differ somewhat from the order taught in Säily. In particular, the final steps in claim 23 of receiving, from the network entity a tag configuration based on the tag capability, the tag configuration associated with the positioning reference signal and the step of transmitting, to the tag device, the tag configuration occur in Säily concurrently with the earlier steps of receiving, from the network entity, a request for a tag and transmitting, to the tag device, the request. Ali teaches transmitting, to the tag device, the request (see at least page 3, lines 27-29; “RFID tags are tags or labels attached to the objects to be identified or localized. Two-way radio transmitter-receivers called interrogators or readers send a signal to the tag and read its response.”); receiving, from the tag device, a tag capability indicator that indicates the tag capability, the tag capability includes a tag type, a bandwidth (see at least page 5, lines 30-34; “In an implementation form of the network device, for a passive chipless tag type, the network device is configured to detect a frequency shift of the first and/or the second response. When detecting frequency shift and/or phase, the network device is able to extract from the backscattered signal ID and/or data information.”), a positioning reference signal slot periodicity, a sensitivity, a group delay, or a combination thereof. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the tag configuration method used in Säily to include the step of receiving information from the tags about their capability as taught by Ali. One of ordinary skill would be motivated to include the step of requesting a tag capability from the tag device in contexts where tag capabilities were not previously known by the server, or where it was desired to confirm the tag capabilities. Upon adding this step of requesting a tag capability from the tag device, it would furthermore be obvious to one of ordinary skill to modify the order of the steps taught in Säily in order to have the network generate and communicate the tag configurations after receiving information from the tags about their capabilities. Regarding claim 25, Säily in view of Elkotby discloses the TRP of claim 24. Säily further teaches wherein: the at least one processor is configured to execute the processor-readable code to cause the at least one processor to determine, based on the TRP configuration, a designation of the TRP as a transmit (Tx) TRP or a receive (Rx) TRP (see at least [0072]; “The serving gNB 712 selects the initiator UE (UE0), e.g., which may be a nearest UE to itself from the collection of UEs that serve the backscatter nodes using the assistance data that the LMF 710 sends.” See also [0073]; “The serving gNB may send a positioning request to the initiator UE. The serving gNB 712 configures the initiator UE (UE0) with the UL-PRS resources and configures the selected UEs to monitor the channels during aperiodic wake-up. Thus, at 3), gNB 712 may send a message to UE0, UE1 , UE2, and UE3 to indicate the time-frequency resources over which UE0 may transmit a PRS signal. Also, gNB 712 may also indicate to the UEs the backscatter frequency offsets (or vacant sidelink channels) that are assigned to each of the backscatter nodes or tags. Initiator UE0 will transmit the PRS signal using the time-frequency resources, and at least the non- initiator UEs (UE1, UE2, UE3) may monitor the indicated backscatter frequency offsets or vacant sidelink channels to receive and perform correlation on each sidelink channel to receive or detect the backscatter signals transmitted by the backscatter nodes BN 1 , BN2, BN3.”); the tag device includes a radio frequency identification (RFID) tag device (see at least [0038]—[0039]; “The techniques described here may use a backscatter communication system as the underlying infrastructure for positioning UEs, mobile devices or assets. A backscatter communication system may include a radio frequency (RF) (or wireless signal) source, a backscatter transmitter and a backscatter receiver. The RF (or wireless signal) source emits RF (or wireless) signals to activate a backscatter node functioning as a backscatter transmitter. Then, the backscatter transmitter modulates and reflects the incoming RF signals… a backscatter communication system may function in two main configurations: monostatic and bistatic. In a monostatic configuration, the RF (or ambient wireless signal) source and the backscatter receiver are (or may be) co-located (e.g., attached or connected, or provided at the same location or position). The backscatter transmitter is (or may be) physically separated. This is the most common configuration found in radio frequency identification (RFID) backscatter systems.”); and However, Säily does not explicitly teach the TRP is configured to operate in a full duplex mode. Ali teaches the TRP is configured to operate in a full duplex mode (see at least page 2, lines 15-24; “A basic idea of the invention as described hereinafter is the following: 5G BS broadcasts wideband or single carrier RFID signal on a particular sub-frames for aiding tracking and identification of low power sensor devices with RFID tags based on a certain pre-defined system configuration. This system configuration includes the following: Changes in the 5G BS transmitter and receiver processing because of RFID signal generation as described below with respect to Figures 1 and 2; Generation and Insertion of wake-up signal as part of RFID signal generation as described below with respect to Fig. 3; a wideband/single-tone RFID signal with duration and periodicity as part of subframe configuration; a duplexing scheme based on tag response type (e.g. TDD, FDD, Full-duplex) as described below with respect to Fig. 1”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the UEs (equivalent to the TRP of the instant claim) used in Säily to include a full-duplex capability as taught by Ali. One of ordinary skill would be motivated to include a full duplex capability, in order to accommodate different tag response types, as recognized by Ali (see Ali at least page 2, lines 23-24). Claims 9 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Säily in view of Ali and Elkotby, further in view of Shoarinejad et al. (US-20080143482-A1; hereinafter, Shoarinejad). Regarding claim 9, Säily in view of Ali and Elkotby discloses the method of claim 8. However, Säily does not explicitly teach further comprising: after determining the position of the tag device, determining another position of the tag device; and determining a velocity of the tag device based on the position of the tag device and the other position of the tag device. Säily discloses a method for locating backscatter nodes in a wireless network, and Shoarinejad is directed to location estimation using RFID tags. Shoarinejad teaches after determining the position of the tag device, determining another position of the tag device; and determining a velocity of the tag device based on the position of the tag device and the other position of the tag device (see at least [0114]; “In one embodiment, the readers may repeat their RF signal transmissions at frequent time intervals (e.g., as instructed by server 130 or via synchronized clocks), thereby providing measured tag position parameters at different time instances. The measured position parameters at each time instance may result in a plurality of corresponding raw location parameters and mapped positions. If the tag is stationary the location presented to a user will not change with time. However, if the tag is moving the location presented to a user will update at each time interval. In one embodiment, the changing information may be used to determine the rate of movement and direction of movement of a tag. For example, one mode of display to the user may include displaying the current position of the tag as well as the tags velocity magnitude (i.e., speed or rate of movement) and direction of movement. As mentioned above, the velocity can be obtained from the current and previous time interval locations.”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the tag locating method of Säily to include estimating velocity by examining the location difference across multiple measurements, as taught by Shoarinejad. One of ordinary skill would be motivated to include this step in order to supply additional information potentially of interest to the user, as recognized by Shoarinejad (see Shoarinejad at least [0114]). Regarding claim 15, Säily in view of Ali and Elkotby discloses the network entity of claim 14. However, Säily does not explicitly teach wherein the at least one processor is configured to execute the processor-readable code to cause the at least one processor to: after a determination of the position of the tag device, determine another position of the tag device; and determine a velocity of the tag device based on the position of the tag device and the other position of the tag device. Shoarinejad teaches after a determination of the position of the tag device, determine another position of the tag device; and determine a velocity of the tag device based on the position of the tag device and the other position of the tag device (see at least [0114]; “In one embodiment, the readers may repeat their RF signal transmissions at frequent time intervals (e.g., as instructed by server 130 or via synchronized clocks), thereby providing measured tag position parameters at different time instances. The measured position parameters at each time instance may result in a plurality of corresponding raw location parameters and mapped positions. If the tag is stationary the location presented to a user will not change with time. However, if the tag is moving the location presented to a user will update at each time interval. In one embodiment, the changing information may be used to determine the rate of movement and direction of movement of a tag. For example, one mode of display to the user may include displaying the current position of the tag as well as the tags velocity magnitude (i.e., speed or rate of movement) and direction of movement. As mentioned above, the velocity can be obtained from the current and previous time interval locations.”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the tag locating method of Säily to include estimating velocity by examining the location difference across multiple measurements, as taught by Shoarinejad. One of ordinary skill would be motivated to include this step in order to supply additional information potentially of interest to the user, as recognized by Shoarinejad (see Shoarinejad at least [0114]). Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Säily in view of Elkotby, further in view of Moshfeghi (US-20080231449-A1; hereinafter, Moshfeghi). Regarding claim 20, Säily in view of Elkotby teaches the method of claim 18. Säily further teaches [note, what Säily fails to teach is strike-through]: receiving ais available at the tag device (see at least [0078]; “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. The UEs (e.g., UE0 to UE3) may receive the reflected responses (acknowledgements) from the backscatter tags. There is no guarantee that all the neighbour UEs receive the acknowledgement due to weak signal strength, in some cases.” The acknowledgement from the backscatter tags indicates that sufficient energy to function is available at the tag device.); and transmitting the positioning reference signal based on the positioning reference signal configuration and based on being available at the tag device (see at least [0079] – [0080]; “[0079] 6) (FIG. 7) Positioning information response: The UEs forward the tag IDs (backscatter node identifiers) of the backscatter nodes that the acknowledgements were received by UEs, to the serving gNB 712. The serving gNB 712 forwards the tag IDs and the UL information to the LMF 710 in a positioning information response message. [0080] 7a) (FIG. 7) UE PRS activation request: The LMF 710 requests activation of UE PRS transmission and sends a PRS activation request message to the serving gNB of the target device. [0081] 7b) (FIG. 7) Activate UE PRS transmission: The gNB 712 activates the UE's PRS transmission. The initiator UE (UE0) performs the positioning (e.g., PRS) signal transmission according to the time domain behavior of PRS resource configuration using the sidelink (e.g., initiator UE transmits PRS signal via time-frequency resources of sidelink channel, that have been allocated by gNB 712 for PRS transmission).”). Säily discloses a method for locating backscatter nodes in a wireless network, and Moshfeghi is directed to power management of an RFID system. Moshfeghi teaches: receiving an energy report from the tag device that indicates an amount of energy available at the tag device (see at least [0094]; “Alternatively, readers 162-164 can also act as controllers for power management for active tags 1004-1009. For example, when the battery level of tag 1009 falls below a certain predetermined power level, tag 1009 transmits a battery-low signal to a nearby reader(s) such as reader 162 indicating its low power status.”); and transmitting a signal based on the amount of energy available at the tag device (see at least [0081]; “Some RFID system applications are further configured to employ power management to implement methods of graceful system degradations. For example, when the battery power level of an active tag falls to a low power or zero power level, instead of complete failure, the RFID application employs power management to gradually phase out the low power active tag device. Power management may reprogram or reassign nearby tags to perform functions originally carried out by the low power active tag device.”). Both Säily and Moshfeghi teach systems employing RFID tags. Säily teaches strategies for extending the life of RFID tags as long as possible (see at least [0092]; “The backscatter node or tag may be powered by a coin cell or a button cell battery and can harvest energy from the wireless channel to improve the lifetime of the device.”). Moshfeghi teaches actively monitoring the energy available at tags and gradually phasing out the use of low power tags. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the tag energy reports taught by Moshfeghi in the system of Säily in order to inform power management strategies, as taught by Moshfeghi. In the context of the tasks performed by the tags of Säily, it would have been obvious to configure the PRS signals not just in view of which tags have sufficient energy to send an acknowledgement (as taught in [0079] – [0080]), but further in view of a more detailed understanding of the energy available at each tag, as enabled by the teachings of Moshfeghi.. Doing so would allow Säily to direct tasks preferentially to tags with higher energy levels, in accordance with the methods of graceful system degradations taught by Moshfeghi (see [0081]). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Ashley B. Raynal whose telephone number is (703)756-4546. The examiner can normally be reached Monday - Friday, 8 AM - 4 PM. 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, Vladimir Magloire can be reached at (571) 270-5144. 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. /ASHLEY BROWN RAYNAL/Examiner, Art Unit 3648 /VLADIMIR MAGLOIRE/Supervisory Patent Examiner, Art Unit 3648
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Sep 15, 2025
Request for Continued Examination
Oct 01, 2025
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Oct 16, 2025
Non-Final Rejection mailed — §103
Jan 12, 2026
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Feb 02, 2026
Final Rejection mailed — §103
Apr 01, 2026
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Apr 17, 2026
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Jun 11, 2026
Non-Final Rejection mailed — §103 (current)

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