Prosecution Insights
Last updated: July 17, 2026
Application No. 18/060,331

BACKSCATTER-BASED POSITIONING

Final Rejection §103§DP
Filed
Nov 30, 2022
Examiner
AHSAN, UMAIR
Art Unit
2647
Tech Center
2600 — Communications
Assignee
Qualcomm Incorporated
OA Round
4 (Final)
69%
Grant Probability
Favorable
5-6
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 69% — above average
69%
Career Allowance Rate
284 granted / 410 resolved
+7.3% vs TC avg
Strong +32% interview lift
Without
With
+31.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
23 currently pending
Career history
450
Total Applications
across all art units

Statute-Specific Performance

§101
0.6%
-39.4% vs TC avg
§103
82.7%
+42.7% vs TC avg
§102
2.8%
-37.2% vs TC avg
§112
2.8%
-37.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 410 resolved cases

Office Action

§103 §DP
CTFR 18/060,331 CTFR 90667 Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Priority Claims are given priority date of 11/30/2022. Continued Examination Under 37 CFR 1.114 Office action in response to applicant’s amendment entered 3/24/2026. Claims 1-7 and 10-30 remain pending in this application. Claims 8 and 9 have been previously canceled. Claims 1, 14, 22, and 27 are amended. Response to Arguments Applicant’s arguments with respect to claim(s) 1-7 and 10-30 have been fully considered but are not found persuasive. Applicant submits “Aditya's delay r is a parameter characterizing the temporal separation between two scattering modes, determined externally through measurements or simulations of the a delay that represents the time required for the tag device's circuitry to process a received signal and reflect it as a backscatter signal. Rather, the claimed tag delay is a hardware characteristic of the tag device's circuitry.” Examiner respectfully disagrees. Examiner notes that Aditya’s taught delay is also a hardware characteristic of the tag device’s circuitry. Aditya just happens to also teach ways of conducting measurements or simulations to estimate the delay, as applicant notes in remarks. See for example Aditya Col. 13 Lines 1-25 “the length of the antenna feed line determines the delay between the early and late-time responses” and “The value of τ is a function of the antenna type” ; See also Col. 4 lines 49-60 “ an incoming RF signal needs to travel an additional distance, equal to twice the length of the feed line, before it can be re-radiated. Hence, the antenna mode starts a short duration after the structural mode. For this reason, the structural and antenna modes are also referred to as the early-time and late-time responses.” Thus the rejection is updated to address the claim amendment but maintained otherwise. 07-30-03-h AIA Claim Interpretation Examiner cites the following section of specification for additional background regarding the “unsynchronized” claim limitations. [0104] In some implementations, TRPs 340-349 transmit PRS 531-535 sequentially in a time domain multiplexed (TDM) manner to avoid interference. For example, PRS configuration 381, transmitted to one or more of TRPs 340-349 may include timing information to configure one or more TRPs 340-349 to transmit PRS 531-535 in an order. Accordingly, while TRPs 340-349 are not synchronized (e.g., lack a common clock), sequential transmission of PRS 531-535 and receipt of resulting backscatter signals is achieved by the one or more TRPs monitoring for another TRP’s PRS and transmitting according. Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-21-aia AIA Claim (s) 1, 3-4, 6-7, 9-12, 14-15, 17-20, 22, 25-27, and 30 are rejected under 35 U.S.C. 103 as being unpatentable over US 10261168 B1 Aditya; Sundar et al. and US 20230275727 A1 MENG; Yan et al . Consider Claims 1, 14, 19, 22, and 27 Aditya discloses A method of wireless communication performed by a network entity (Aditya Fig. 1, Fig. 4, Col.17 Line 10-25 “..FIG. 4 shows a computer infrastructure 400 …includes a server 405 or other computing system that can perform the processes described herein. In particular, the server 405 includes a computing device 410. The computing device 410 can be resident on a network infrastructure..”) , the method comprising: receiving multiple measurement reports (see location data’ ) associated with a tag device (see ‘tag’ or ‘object’, tags 120a and 120b) , the multiple measurement reports including, for each TRP of a group of TRPs (see ‘TX-RX Pair’ or ‘TRP’) , a measurement report of the TRP (Aditiya Fig. 1, Col. 1 L29-40, Lines 40-51, Col. 18 Line 55-60 “..receiving, by a computing device, location data of an object from a plurality of transmitter-reader pairs (TRPs)..”) ; and determining a position of the tag device (see ‘tag location’) based on the multiple measurement reports (Aditya Fig. 1, Fig. 2, Fig. 4, Col. 16Line 3-10, Col. 16 Line 60-Col. 17 Line 10, “..Thus, the Bayesian MTL algorithm evolves … the surviving ellipse intersections are declared to be tag locations…”) and a tag delay of the tag device (Aditiya Fig. 1, Fig. 2, Col. 13 Lines 19-25 “..(76) The structural and antenna mode responses can be separated and optimally combined…if the delay, τ, between the responses is known. The value of τ is a function of the antenna type and can be obtained using measurements and/or simulations..”, where delay τ is part of the calculation of the later determined tag locations); the tag delay corresponding to an amount of time that elapses, based on circuitry of the tag device, for the tag device to process a received PRS and reflect the PRS as a backscatter signal (See e.g. Aditya Col. 13 Lines 1-25 “the length of the antenna feed line determines the delay between the early and late-time responses” and “The value of τ is a function of the antenna type”; See also Col. 4 lines 49-60 “an incoming RF signal needs to travel an additional distance, equal to twice the length of the feed line, before it can be re-radiated. Hence, the antenna mode starts a short duration after the structural mode. For this reason, the structural and antenna modes are also referred to as the early-time and late-time responses.”). Aditya does not teach transmitting, to a tag device, a request for a tag capability of the tag device, the tag capability indicating a tag type, a bandwidth, a supported number of PRS transmission, a positioning reference signal slot periodicity, a sensitivity, the tag delay, an energy harvesting capability, or a combination thereof; receiving a tag capability indicator that indicates the tag capability; for each transmission/reception point (TRP) of a group of TRPs, generating a TRP configuration for the TRP based on the tag capability of the tag device; transmitting the TRP configuration. Related art Meng (e.g. Fig. 2 ¶54, 90, 96) teaches transmitting, to a tag device, a request for a tag capability of the tag device (Fig. 2, ¶54 “the LMF130 may send 202 a request of capability report to the UE 110”), the tag capability indicating a tag type, a bandwidth, a supported number of PRS transmission, a positioning reference signal slot periodicity, a sensitivity, the tag delay, an energy harvesting capability, or a combination thereof (Fig. 2, ¶54 “the capability information about the power consumption of the UE 110. For example, the capability information may comprise the type of the UE 110, such as the UE 110, for example, is a low tracking lag or the battery lifetime of the UE 110”); receiving a tag capability indicator that indicates the tag capability (Fig. 2, ¶54-55 “After generating the report, the UE 110 may transmit 204 the report to the LMF 130.”); for each transmission/reception point (TRP) of a group of TRPs, generating a TRP configuration for the TRP based on the tag capability of the tag device (Fig. 2, ¶54-56 “Based on the report, for example, if the report indicating the UE 110 requires low power consumption, the LMF 130 may determine a low power mode of the UE 110 and generate 206 an indication that a SRS is to be used for a positioning process of the UE 110” and ¶58-59 teaching the low-power indication transmitted with SRS configuration information) transmitting the TRP configuration (Fig. 2, ¶56 “the LMF 130 may send 208 the low-power-mode indication to the UE 110. . . LMF 130 may also send 210 the low-power-mode indication to the serving gNB 120-1” and ¶58-59 teaching the low-power indication transmitted with SRS configuration information). It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art, to modify the invention of Aditya to include the noted teachings of Ali in order to provide a solution of PRS design for low power tracking. (Meng ¶4) Consider Claims 3 and 15 . Aditya discloses The method of claim 1 (see rejection claim 1) , further comprising: identifying the tag device for a positioning session (Aditiya Fig. 1, Col. 3 L55-65 “..a use-case scenario in which a tag antenna (tag), such as tags 120a and 120b, each contain a unique identification (ID)…”; Col. 4 L8-11 “..tags 120a and 120b, can be localized using triangulation and its product information read…” where identifying by reading product information) ; and identifying the group of TRPs from a plurality of TRPs (Aditiya Fig. 1, Col. 3 L55-Col. 4 L8 “..environment 100 further includes a transmitter (TX) device 105 emitting a signal, such as transmitter signals 110a and 110b… reaching the objects 115a and 115b, and particularly the tags 120a and 120b…received by one or more reader (RX) devices, e.g. readers 130a, 130b, and 130c…”) , and wherein the tag device includes a passive tag device or a semi-passive tag device (Aditiya Fig. 1, Col. 3 L55-Col. 4 L8 ”..The tags 120a and 120b receive the signals 110a and 110b, which scatter off the tags 120a and 120b into various directions. This is referred to as backscattering. The backscattered signals, illustrated as 125a, 125b, 125c, 125d, 125e, and 125f, flow through the environment..”) . And further regarding Claim 15, the tag device includes a radio frequency identification tag device (Aditiya Fig. 1, Col. 3 L55-Col. 4 L8, Col. 1 15-25 “radio-frequency identification (RFID),..”)) . Consider Claim 4 . Aditya discloses The method of claim 3 (see rejection claim 3) , further comprising: receiving tag delay information that indicates the tag delay (Aditiya Fig. 1, Fig. 2, Col. 13 Lines 19-25 “... The value of τ is a function of the antenna type and can be obtained using measurements and/or simulations..” where ‘obtained’ discloses receiving) , and wherein: the tag delay of the tag device is received and stored (Aditiya Col. 13 L19-36 “..the Bayesian MTL algorithm would also have to be implemented in software and/or hardware, and its implementation in software and/or hardware..” thus stored in memory Col. 17 L44-46) prior to identifying the tag device for the positioning session (Col. 4 L8-11 “..tags 120a and 120b, can be localized using triangulation and its product information read…” where reading product information [identifying] occurs with localization which requires tag delay, thus tag delay received prior to identifying) , or is requested from the tag device after identifying the tag device for a positioning session (feature is not positively recited) . Consider Claim 6 . Aditiya discloses The method of claim 1 (see rejection claim 1) , wherein: each TRP of the group of TRPs includes a pair of TRPs configured to perform a positioning session together (Aditiya Fig. 1, Col. 1L45-51 “..the TX device and the RX device act as a pair, referred to as a TX-RX pair (TRP).…”) ; and for each TRP (Aditiya Col. 5 L55-Col. 6 L 30 ‘the i-th TR’) , the measurement report of the TRP includes: a first transmit time, a first receive time, or a combination thereof from a first TRP of the pair of TRPs to the tag device, and a second transmit time, a second receive time, or a combination thereof from a second TRP of the pair of TRPs (Aditya Col. 5 L55-Col. 6L30 “.. Multipath components (MPCs) are extracted whenever their signal strength exceeds a threshold. …each extracted MPC is either (i) a DP to one or more targets, (ii) an indirect path (TX-scatterer-target-RX or TX-target-scatterer-RX) or (iii) a noise peak. … Each MPC gives rise to a ToA estimate which, in turn, corresponds to a range estimate. …Suppose the i-th TRP has N.sub.i MPCs extracted from its signal. Let r.sub.i=[r.sub.i1 r.sub.i2 r.sub.iNi] ∈ custom character.sup.1xNi denote the vector of range estimates at the RX of the i-th TRP..” where ToA, time of arrival, is inherently a combination of transmit and receive time by subtraction) . Consider Claims 7, 17, and 26 Aditya discloses The method of claim 1, further comprising: transmitting a position indicator that indicates a position of the tag device (Aditiya Col. 1 L15-25 “..if an object's location in a shopping cart can be determined accurately and the corresponding product information can be read for billing. Other applications for remote localization include inventory tracking in a warehouse and remote wildlife monitoring, among other examples…” where transmission of ‘corresponding product information’ inherent and indicates position in the cart, ALSO where ‘tracking’ and ‘monitoring’ applications teach transmitting a position indicator) , and wherein determining the position of the tag device includes calculating the position based on a multilateration technique (Aditya Fig. 1, Fig. 2, Fig. 4, Col. 16Line 3-10, Col. 16 Line 60-Col. 17 Line 10, “..Thus, the Bayesian MTL algorithm evolves … the surviving ellipse intersections are declared to be tag locations…”; Col. 4 L8-11 “..tags 120a and 120b, can be localized using triangulation and its product information read…”) . Consider Claims 10 . The combination teaches The method of claim 8 wherein the TRP configuration includes a positioning reference signal configuration, a measurement gap configuration, or a combination thereof (Meng ¶58-59 “LMF 130 may transmit the configuration information associated with the SRS together with the low-power-mode indication to the UE 110. The configuration information associated with the SRS may indicate an SRS sequence and SRS transmission occasions. The SRS transmission occasions including at least the time/frequency resource allocation, port number, periodicity, etc.)”). Consider Claims 11 and 20 . The combination teaches The method of claim 10, wherein the positioning reference signal configuration indicates a repetition of a positioning reference signal, a bandwidth configuration, a comb pattern configuration, or a combination thereof (Meng ¶58-59 “LMF 130 may transmit the configuration information associated with the SRS together with the low-power-mode indication to the UE 110. The configuration information associated with the SRS may indicate an SRS sequence and SRS transmission occasions. The SRS transmission occasions including at least the time/frequency resource allocation, port number, periodicity, etc.)”). Examiner note see Spec [0071] comb pattern defined to include a configurable resource block. Consider Claim 12 . The combination teaches The method of claim 10, wherein, for each TRP of the group of TRPs, the positioning reference signal configuration indicates: a frequency of the positioning reference signal of the TRP; an order of positioning session of TRPs of the group of unsynchronized TRPs; or a combination thereof (Meng ¶58-59 “LMF 130 may transmit the configuration information associated with the SRS together with the low-power-mode indication to the UE 110. The configuration information associated with the SRS may indicate an SRS sequence and SRS transmission occasions. The SRS transmission occasions including at least the time/frequency resource allocation, port number, periodicity, etc.)”). Consider Claims 25 and 30 . Examiner incorporates rejection of claims 3 and 15 that teach all elements claims 25 and 30 . 07-21-aia AIA Claim (s) 18 are rejected under 35 U.S.C. 103 as being unpatentable over US 10261168 B1 Aditya; Sundar et al. and US 20230275727 A1 MENG; Yan et al. further view of WO 2019149341 A1 ALI RAMADAN et al . Consider Claim 18 The combination teaches The method of claim 1 (See rejection of claim 1) , The combination does not teach each TRP of the group of TRPs, generating a TRP configuration for the TRP based at least in part on a tag delay of the tag device for each TRP of the group of TRPs, generating a TRP configuration for the TRP based on a tag delay of the tag device. Ali teaches for each TRP of the group of TRPs, generating a TRP configuration for the TRP based at least in part on a tag delay of the tag device for each TRP of the group of TRPs, generating a TRP configuration for the TRP based on a tag delay of the tag device (Ali Fig. 1b, Pg. 13 “..The system configuration of the base station (BS) is primarily based on the RFID device configuration. The RFID device configuration may include the duplexing scheme based on tag type, for example TDD, FDD or full-duplex. In TDD, the backscattered signal is received in a different sub-frame taking the tag response time into account. In FDD, the tag backscattered signal is shifted in frequency. In full-duplex, activation is for very short tag response time. The RFID device configuration may include the tag response time. The tag response time depends on the tag specification (it may be vendor specific) so the response time influences the duplexing schemes, configuration of sub-frame and their periodicity…”; Pg. 19 lines 10-25 “..For a TDD scheme the scheduling- configuration of the RFID signal 100a, 100b may be configured according to a first sub-frame type in which at least one of the responses 601 , 442, 505, 605, 509 is received in a different scheduling configuration than the RFID signal 100a, 100b, in particular according to a tag response time of the RFID tag 603, 431 , 432, 433…”); and transmitting the TRP configuration (see rejection of claim 14). It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art, to modify the combination to include the noted teachings of Ali in order to track and identity low power sensor devices in an industrial environment (Ali Pg. 1) 07-21-aia AIA Claim (s) 2, 5, 13, 16, 21, 23, 24, 28 and 29 are rejected under 35 U.S.C. 103 as being unpatentable over US 10261168 B1 Aditya; Sundar et al. and US 20230275727 A1 MENG; Yan et al. further view of US 20230176207 A1 KIMIONIS; Ioannis et al . Consider Claims 2 . The combination teaches The method of claim 1 (see rejection claim 1) , wherein: the network entity includes a network, a location management function LMF, a base station, a tag reader device, a user equipment or any combination thereof (Aditiya Fig. 1, Fig. 2, Fig. 4, Col. 1 Lines 40-51: computing device 400, TX device Rx Device TRP TX-RX Pair (TRP)) ; the tag delay includes a radio frequency group delay of the tag device (Aditiya Fig. 1, Fig. 2, Col. 13 Lines 19-25 “..(76) The structural and antenna mode responses can be separated and optimally combined…if the delay, τ, between the responses is known. The value of τ is a function of the antenna type and can be obtained using measurements and/or simulations..”, where delay τ is part of the calculation of the later determined tag locations) ; and the tag device includes a radio frequency identification tag device (Aditiya Fig. 1 120a 120b tag devices, Col. 1 Lines 40-51: “..the object includes an antenna, such as a tag antenna (tag), which receives the transmitter signal..”, Col. 1 Line 15-25: RFID tags) . The combination is silent regarding unsynchronized TRPs. Kimionis teaches the group of TRPs includes a group of unsynchronized TRPs (See KIMIONIS Fig. 2, Fig. 3, [0086] “…The coordination of the mode switching of each of two or more of the APs in different time intervals can be achieved based on a localization coordination scheme such as… c) Tx/Rx mode switching could be performed randomly by each of the APs in the set of APs 102a-102m in which each of the APs 102a-102m randomly selects either “Tx” or “Rx” modes of operation for a set amount of time and then randomly switches to “Tx” or “Rx” modes, where the probability of operating in “Rx” mode is set to be greater (or higher) than the probability of operating in “Tx” mode, which reduces the number of concurrent transmitters at any instance or interval in time…” where random scheme teaches unsynchronized TRPs). It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art, to modify the invention of Aditya to include the noted teachings of Kimionis in order for backscatter localization, for example of a tag using access point (AP) mode switching (Kimionis [0001]). Consider Claims 5, 16, 23 and 28 . Aditya teaches The method of claim 1 (see rejection claim 1) , wherein: for each TRP of the group of TRPs, the measurement report of the TRP includes a round trip time associated with the tag device (Aditya Col. 5 L55-Col. 6L30 “.. Multipath components (MPCs) are extracted whenever their signal strength exceeds a threshold. …each extracted MPC is either (i) a DP to one or more targets, (ii) an indirect path (TX-scatterer-target-RX or TX-target-scatterer-RX) or (iii) a noise peak. … Each MPC gives rise to a ToA estimate which, in turn, corresponds to a range estimate. …Suppose the i-th TRP has N.sub.i MPCs extracted from its signal. Let r.sub.i=[r.sub.i1 r.sub.i2 r.sub.iNi] ∈ custom character.sup.1xNi denote the vector of range estimates at the RX of the i-th TRP..” where ToA, time of arrival, is inherently a combination of transmit and receive time by subtraction) ; The combination is silent regarding each TRP of the group of TRPs is configured to operate as a transmit TRP and a receive TRP during a positioning session of the TRP. Kimionis teaches each TRP of the group of TRPs is configured to operate as a transmit TRP and a receive TRP during a positioning session of the TRP. (See KIMIONIS [0004] where each AP dynamically switches between TX and RX roles during a positioning session as further described in Figs. 2B, Fig. 3). It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art, to modify the invention of Aditya to include the noted teachings of Kimionis in order for backscatter localization, for example of a tag using access point (AP) mode switching (Kimionis [0001]). Further regarding claim 28, examiner incorporates rejection of claim 7 that teaches additional elements of claim 28. Consider Claims 13, 21, 24 and 29 . The combination teaches The method of claim 10 but is silent regarding however Kiomionis teaches the TRP configuration includes the measurement gap configuration; and for each TRP of the group of TRPs, the measurement gap configuration indicates a time period during which the TRP is configured to monitor for the positioning reference signal, and transmits the measurement report of the TRP ( (Kiomionis Fig. 2b 211, 212, [0092]-[0094] where receive config includes positioning reference signal configuration and receive mode configuration includes measurement gap configuration) . It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art, to modify the combination, the noted teachings of Kimionis in order for backscatter localization, for example of a tag using access point (AP) mode switching (Kimionis [0001]). Further regarding claims 24 and 29, examiner incorporates rejection of claim 8 that teaches additional elements. Double Patenting 08-33 AIA The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg , 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman , 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi , 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum , 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel , 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington , 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA/25, or PTO/AIA/26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp. Claims 1-7, 10-30 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-30 of Co-pending Application No. 18/058148 . Although the claims at issue are not identical, they are not patentably distinct from each other because as seen in Table below the Claims 1,2 and 8 comparatively of co-pending application contain the subject matter of instant application. Further dependent claims are also found to contain the subject matter though not shown in table below. As both sets of claims contain overlapping subject matter, a final determination on double patenting can be made at the conclusion of prosecution. This is a provisional non-statutory double patenting rejection. Instant Application 18/060331 US 20240172166 A1 Co-Pending Application 18/058148 1. A method of wireless communication performed by a network entity, the method comprising: transmitting, to a tag device, a request for a tag capability of the tag device, the tag capability indicating a tag type, a bandwidth, a supported number of PRS transmission, a positioning reference signal slot periodicity, a sensitivity, the tag delay, an energy harvesting capability, or a combination thereof, receiving a tag capability indicator that indicates the tag capability; for each transmission/reception point (TRP) of a group of TRPs, generating a TRP configuration for the TRP based on the tag capability of the tag device; transmitting the TRP configuration; receiving multiple measurement reports associated with the tag device, the multiple measurement reports including, for each TRP of the group of TRPs, a measurement report of the TRP; and determining a position of the tag device based on the multiple measurement reports and a tag delay of the tag device. 1. A method of wireless communication performed by a network entity, the method comprising: receiving a tag device indicator that indicates a tag capability of a tag device; transmitting, to a first transmission/reception point (TRP) of a plurality of TRPs, a positioning reference signal (PRS) configuration associated with a PRS, the PRS configuration based on the tag capability, the plurality of TRPs including the first TRP designated as a transmit (Tx) TRP and a second TRP designated as a receive (Rx) TRP; and receiving a measurement report from the second TRP based on a backscatter signal of the positioning reference signal transmitted by the first TRP. 2. The method of claim 1, wherein: the tag capability includes a tag type, a bandwidth, a positioning reference signal slot periodicity, a sensitivity, a group delay, an energy harvesting capability, or a combination thereof, and the tag device includes a radio frequency identification (RFID) tag device. 8. The method of claim 1, further comprising: determining a position of the tag device based on the measurement report, wherein determining the position includes calculating a time of arrival (TOA), a time difference of arrival (TDOA), an angle of arrival (AoA), or any combination thereof; and transmitting position data that indicates the position. 10. 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: receive a tag device indicator that indicates a tag capability of a tag device; transmit, to a first transmission/reception point (TRP) of a plurality of TRPs, a positioning reference signal (PRS) configuration associated with a PRS, the PRS configuration based on the tag capability, the plurality of TRPs including the first TRP designated as a transmit (Tx) TRP and a second TRP designated as a receive (Rx) TRP; and receive a measurement report from the second TRP based on a backscatter signal of the positioning reference signal transmitted by the first TRP. 11. The network entity of claim 10, wherein: the at least one processor is configured to execute the processor-readable code to cause the at least one processor to transmit, to the tag device, a request for the tag capability of the tag device, the tag capability includes a tag type, a bandwidth, a positioning reference signal slot periodicity, a sensitivity, a group delay, 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, a comb pattern configuration, or a combination thereof, and the tag device includes a radio frequency identification (RFID) tag device. Claims 1-7 and 10-30 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-30 of Co-pending Application No. 18/338343 . Although the claims at issue are not identical, they are not patentably distinct from each other because as seen in Table below the independent claims comparatively of co-pending application contain the subject matter of instant application. Further dependent claims are also found to contain the subject matter though not shown in table below. As both sets of claims contain overlapping subject matter, a final determination on double patenting can be made at the time of allowance, if any. This is a provisional non-statutory double patenting rejection. Instant Application 18/060331 US 20240427005 A1 Co-Pending Application 18/338343 1. A method of wireless communication performed by a network entity, the method comprising: transmitting, to a tag device, a request for a tag capability of the tag device, the tag capability indicating a tag type, a bandwidth, a supported number of PRS transmission, a positioning reference signal slot periodicity, a sensitivity, the tag delay, an energy harvesting capability, or a combination thereof, receiving a tag capability indicator that indicates the tag capability; for each transmission/reception point (TRP) of a group of TRPs, generating a TRP configuration for the TRP based on the tag capability of the tag device; transmitting the TRP configuration; receiving multiple measurement reports associated with the tag device, the multiple measurement reports including, for each TRP of the group of TRPs, a measurement report of the TRP; and determining a position of the tag device based on the multiple measurement reports and a tag delay of the tag device. 12. A method to support one or more positioning operations performed by a location management function (LMF), the method comprising: transmitting, to a first network entity and a second network entity, tag information associated with a tag device, the second network entity configured to activate the tag device based on the tag information; receiving, from the first network entity, a report that includes a position measurement indicating a position of the tag device, the position measurement based on: a data signal received by the first network entity from the second network entity via a first channel, and a backscatter signal received by the first network entity from a tag device via a second channel, the backscatter signal based on the data signal; and identifying a position of the tag device based on the report. 13. The method of claim 12, wherein the tag information includes a sensitivity indicator that indicates a sensitivity of the tag device to a data signal transmitted by the second network entity, a group delay indicator that indicates a processing time incurred by the tag device to generate a backscatter signal based on the data signal, capability information that indicates a capability of the tag device to shift a frequency of the data signal, a tag identifier, a bandwidth of the backscatter signal, or a combination thereof. Pertinent Prior Art(s) The prior art made of record though not relied upon in the current rejection is considered pertinent to applicant's disclosure: WO 2019149341 A1 ALI RAMADAN et al. Ali Ramadan teaches transmitting, to the tag device, a request for the tag capability of the tag device (See Ali Pg. 16 Lines 15-40: “..The BS 401 or a 5G AP receives a tracking request 501 from the cloud 450 and starts sub- frame configuration 502 to generate a radio signal 100a, 100b as shown in Figs. 1 a and 1 b. The radio signal 503 including wake up signal and RFID signal as described above is transmitted in a first step 410 to the sensors with RFID tags 431 , 432, 433 which perform sensing 504 their environment and respond with ID and sensing data 505…”) ; receiving a tag capability indicator that indicates the tag capability (See Ali Pg. 16 Lines 15-40: “..RFID tags 431 , 432, 433 which perform sensing 504 their environment and respond with ID and sensing data 505…”) ; for each TRP of the group of TRPs, generating a TRP configuration for the TRP based on a tag capability [claim 18: delay] of the tag device for each TRP of the group of TRPs ( Ali Fig. 1b, Pg. 13 “..The system configuration of the base station (BS) is primarily based on the RFID device configuration. The RFID device configuration may include the duplexing scheme based on tag type, for example TDD, FDD or full-duplex. In TDD, the backscattered signal is received in a different sub-frame taking the tag response time into account. In FDD, the tag backscattered signal is shifted in frequency. In full-duplex, activation is for very short tag response time. The RFID device configuration may include the tag response time. The tag response time depends on the tag specification (it may be vendor specific) so the response time influences the duplexing schemes, configuration of sub-frame and their periodicity…”) , transmitting the TRP configuration ( See Ali “..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..”) Pg. 19 lines 10-25 “..For a TDD scheme the scheduling- configuration of the RFID signal 100a, 100b may be configured according to a first sub-frame type in which at least one of the responses 601 , 442, 505, 605, 509 is received in a different scheduling configuration than the RFID signal 100a, 100b, in particular according to a tag response time of the RFID tag 603, 431 , 432, 433…”); and the tag capability includes a tag type, a bandwidth, a supported number of PRS transmission, a positioning reference signal slot periodicity, a sensitivity, the tag delay, an energy harvesting capability, or a combination thereof (Ali Fig. 1b, Pg. 13 “... The tag response time depends on the tag specification (it may be vendor specific) so the response time influences the duplexing schemes, configuration of sub-frame and their periodicity…”); . The method of claim 10, wherein, for each TRP of the group of TRPs, the positioning reference signal configuration indicates: a frequency of the positioning reference signal of the TRP; an order of positioning session of TRPs of the group of unsynchronized TRPs; or a combination thereof (Ali Pg. 13 “..The RFID device configuration may include configuration of passive tags with chip. For passive tags with chip, BS transmits Continuous Wave or wideband signal at the pre- configured subframe…The RFID device configuration may include configuration of passive chipless tags. For passive chipless tags, BS transmits wideband signal at the pre-configured subframe..”). US 20230176207 A1 KIMIONIS; Ioannis et al. wherein the positioning reference signal configuration indicates a repetition of a positioning reference signal, a bandwidth configuration, a comb pattern configuration, or a combination thereof (Kiomionis Fig. 2b 211, 212, [0092]-[0094] where transmit config indicates a comb pattern configuration since AP resource blocks are configurable; SEE ALSO Fig. 2c, [0100] where coordination scheme includes both reference signal 222 and measurement gap configuration 224). WO 2022117180 A1 VEJLGAARD BENNY et al. [0052] At 814, the LMF 216, and/or one or more gNBs (or via the serving gNB 212) may configure UL- PRS signal generation at the UE 210, such as within or based on the capabilities of the UE 210, e.g., which may include indicating or configuring for the UE a sampling frequency (f.sub.s) (e.g., to be used for sampling the digital baseband signal for digital-to-analog conversion by DAC 330), and/or one or more other parameters for the UL-PRS generation. For example, the UL-PRS configuration provided to the UE 210 may include or may indicate, e.g., the sampling frequency f.sub.s, an indication of the reference signal (signal type, and/or structure of the reference signal), a frequency band (e.g., frequency band 4) of the UL- PRS signal, a period (in time domain or frequency domain) of the UL-PRS signal (e.g., a time period between occurrences of the UL-PRS signal, or a period in frequency domain), a pattern of the UL-PRS signal, and/or a duration of the UL-PRS signal, and/or other configuration parameters. US 20200021946 A1 KUMAR; Akash et al. [0084] At stage 2 in FIG. 9, LMF 152 sends an LPP Request Capabilities message to UE 105 via the serving AMF 154 and serving gNB 110 to request the positioning capabilities of UE 105. The Request Capabilities message may indicate the type of capabilities needed. For example, for OTDOA, the UE's OTDOA capabilities are requested . [0120] FIG. 13 shows a process flow 1300 illustrating a method for supporting location services for a user equipment (e.g. UE 105), which may be performed by a base station, such as a gNB 110 or ng-eNB 114, that supports the PRS time based and angle base muting discussed above. Process flow 1300 may start at block 1302, where configuration parameters are generated for a Positioning Reference Signal (PRS) transmitted by the base station , where the configuration parameters comprise a muting configuration , and where the muting configuration comprises a time based and angle based muting pattern. US 20050174235 A1 Davis, Brian J et al. [0045] Typically, the tag profile is tailored to the type of asset being tracked and the tracking information services contracted for by a subscriber. The tag profile may, for example, specify real-time tracking, tracking on certain detected events, periodic tracking, and/or tracking on command. Additionally, the tag profile may include thresholds associated with detected events, parameters associated with predicting estimated arrival times and/or travel paths, types of tracking information authorized for monitoring, and types of tracking information reports authorized. More specifically, the tag profile may include: i) tracking information to be monitored and frequency, ii) vibration thresholds associated with startup and shutdown, iii) vibration thresholds associated with normal movement, iv) restricted areas, v) hazardous areas, vi) planned course, vii) high stress conditions, viii) fuel and fuel consumption information, and ix) reports to be processed and report frequency. Additional information may also be included in the tag profile US 20060128384 A1 Jagadeesan; Ramanathan et al. [0053] RFID tags use the Electronic Product Code ("EPC" or "ePC") format for encoding information. An EPC code includes variable length bits of information (common formats are 64, 96 and 128 bits), which allows for identification of individual products as well as associated information. As shown in FIG. 2, EPC 220 includes header 230, EPC Manager field 240, Object class field 250 and serial number field 260. EPC Manager field 240 contains manufacturer information. Object class field 250 includes a product's stock-keeping unit ("SKU") number. Serial number field 260 is a 40-bit field that can uniquely identify the specific instance of an individual product i.e., not just a make or model, but also down to a specific "serial number" of a make and model. [0054] Accordingly, an RFID tag may be used to identify uniquely an MMMD. Moreover, RFID tag 120 can indicate various types of information about MMMD 105, including but not limited to the types of [0056] In step 305, MMMD 105 enters the vicinity of RFID reader 150. In this example, cell radio 110 of MMMD 105 is switched on and MMMD 105 is able to communicate via cellular network 125. When MMMD 105 is close enough, RFID reader 150 reads RFID tag 120 and sends a signal to LAWN server 160 (step 315). In this example, the signal includes the unique device ID for MMMD 105, which may be an EPC. For example, RFID tag 120 may indicate the make and model of an MMMD. [0057] Having this information, LAWN server 160 (or some other device) may determine (e.g., from a look-up table in a local or remote database) the types of wireless networks on which MMMD 105 may be configured to communicate, MMMD 105's current, default and/or best-cost network association and MMMD 105's network address. (Step 320.) [0058] As a threshold matter, LAWN server 160 should determine whether MMMD 105 is, or can be, configured for communication on WLAN 140 (step 322). If not, the process ends (step 350). If so, LAWN server 160 determines whether MMMD 105 is currently associated with WLAN 140. If not, LAWN server 160 estimates that MMMD 105 is entering the domain of WLAN 140, based on the fact that it is not registered on the WLAN. If MMMD 105 is currently associated with WLAN 140, the process continues to step 327. CN 112543421 A MAO, Xu-fei et al. In the first aspect, the present invention provides a positioning method, applied to the positioning device, the positioning device comprises a plurality of passive tags, at least three readers, a server, the method comprising: the reader sends a first signal in the place; the first signal comprises a data sending instruction; the place is provided with a plurality of the passive tags; when the passive tag receives the first signal, sending the first data to the reader under the condition of not collision in the channel of the reader, wherein the first data comprises the data required in the data sending instruction; receiving the first data by three of the reader forming space orthogonal relation with the passive tag, so as to obtain the distance between the passive tag and three of the reader; The server calculates a three-dimensional coordinate of the passive tag based on the spatial orthogonal relationship between the distances. … In this embodiment, because the reader in the place can identify a plurality of static or mobile passive tags at the same time, in order to avoid the reader receiving a plurality of passive tags at the same time sent by the signal and data, when the passive tag receives the first signal containing the data sending instruction, demodulating the first signal; decoding, decrypting, judging the data sending instruction, sending the first data to the reader under the condition of not collision in the channel of the reader. .. Specifically, when the passive tag receives the first signal, recording the current time point; the passive tag calculates the delay time based on the time point; when exceeding the delay time, sending the first data to the reader. As an example, the passive tag is provided with a seed number generator, a random number generator; the time of the passive tag based on the time point calculation delay can be realized by the following method: taking the second as unit time point to obtain the integer, obtaining the first value; invoking the seed number generator to receive the first value to generate a random number seed; inputting the random number seed into the random number generator to obtain the random number; taking the remainder of the random number and the preset maximum delay time, and obtaining the delay time. Conclusion 07-40 AIA Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL . See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to UMAIR AHSAN whose telephone number is (571)272-1323. The examiner can normally be reached Monday - Friday 10-5 PM EST or by emailing UMAIR.AHSAN@USPTO.GOV. 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, Alison Slater can be reached on (571) 270-0375. 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. /UMAIR AHSAN/Primary Examiner, Art Unit 2647 Application/Control Number: 18/060,331 Page 2 Art Unit: 2647 Application/Control Number: 18/060,331 Page 3 Art Unit: 2647 Application/Control Number: 18/060,331 Page 5 Art Unit: 2647 Application/Control Number: 18/060,331 Page 6 Art Unit: 2647 Application/Control Number: 18/060,331 Page 7 Art Unit: 2647 Application/Control Number: 18/060,331 Page 8 Art Unit: 2647 Application/Control Number: 18/060,331 Page 9 Art Unit: 2647 Application/Control Number: 18/060,331 Page 10 Art Unit: 2647 Application/Control Number: 18/060,331 Page 11 Art Unit: 2647 Application/Control Number: 18/060,331 Page 12 Art Unit: 2647 Application/Control Number: 18/060,331 Page 13 Art Unit: 2647 Application/Control Number: 18/060,331 Page 14 Art Unit: 2647 Application/Control Number: 18/060,331 Page 15 Art Unit: 2647 Application/Control Number: 18/060,331 Page 17 Art Unit: 2647 Application/Control Number: 18/060,331 Page 18 Art Unit: 2647 Application/Control Number: 18/060,331 Page 19 Art Unit: 2647 Application/Control Number: 18/060,331 Page 20 Art Unit: 2647 Application/Control Number: 18/060,331 Page 21 Art Unit: 2647 Application/Control Number: 18/060,331 Page 22 Art Unit: 2647 Application/Control Number: 18/060,331 Page 23 Art Unit: 2647 Application/Control Number: 18/060,331 Page 24 Art Unit: 2647 Application/Control Number: 18/060,331 Page 25 Art Unit: 2647 Application/Control Number: 18/060,331 Page 26 Art Unit: 2647 Application/Control Number: 18/060,331 Page 27 Art Unit: 2647
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Apr 10, 2025
Non-Final Rejection mailed — §103, §DP
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