Prosecution Insights
Last updated: April 19, 2026
Application No. 18/073,488

SURFACE ACOUSTIC WAVE (SAW) BACKSCATTER-BASED POSITIONING

Final Rejection §103
Filed
Dec 01, 2022
Examiner
ABULABAN, ABDALLAH
Art Unit
3645
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Qualcomm Incorporated
OA Round
3 (Final)
68%
Grant Probability
Favorable
4-5
OA Rounds
3y 1m
To Grant
83%
With Interview

Examiner Intelligence

Grants 68% — above average
68%
Career Allow Rate
131 granted / 192 resolved
+16.2% vs TC avg
Moderate +15% lift
Without
With
+15.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
53 currently pending
Career history
245
Total Applications
across all art units

Statute-Specific Performance

§101
3.9%
-36.1% vs TC avg
§103
62.4%
+22.4% vs TC avg
§102
14.4%
-25.6% vs TC avg
§112
15.7%
-24.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 192 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 . DETAILED ACTION The amendment filed 01/12/2026 has been entered. Claims 1-20 remain pending in the application. Response to Arguments Applicant's arguments filed 01/12/2026 have been fully considered but they are not persuasive. Regarding applicants arguments to claim 1, applicant states “However, there is no discussion of a particular tag configuration, for example, that activates a first set of reflectors and/or deactivates a second set of reflectors, as generally recited by amended claim 1.”, examiner respectfully disagrees. Hartmann teaches a configuration in the form of a case (Fig.4) of Global SAW Tag pulses as described and illustrated in Fig.4 and the position 1 reflector tap is active, thus Hartmann properly teaches the first tag configuration (a case as described/illustrated in Fig.4) indicates a first set of reflectors (position 1 reflector tap) of a plurality of reflectors of the tag device (Global SAW Tag) are to be activated (position 1 reflector tap is active). (See Section I.V and Fig.4 of Hartmann) Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claim(s) 1-5, 8, 11-12, 15-16 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Ali (WO 2019158187 A1) in view of Hartmann (“A Global SAW ID Tag with Large Data Capacity”, all citations provided from machine translation attached). Regarding claim 1, Ali teaches a method of wireless communication performed by a transmission/reception point (TRP), the method comprising: transmitting a tag configuration indicator that indicates a first tag configuration for a first tag device. (Abstract, Page.14, lines 25-33, Pages.15-16, Figs.3-5) Ali also teaches receiving a first backscatter signal from the first tag device in responsive to a positioning reference signal (PRS), the first backscatter signal based on the first tag configuration. (Page.14, lines 25-33, Pages.15-16, Figs.3-5) Ali does not explicitly teach the first tag configuration indicates a reflector configuration, wherein the first tag configuration indicates a first set of reflectors of a plurality of reflectors of the tag device are to be activated, a second set of reflectors of the plurality of reflectors are to be deactivated, or a combination thereof. Hartmann teaches the first tag configuration indicates a reflector configuration, wherein the first tag configuration indicates a first set of reflectors of a plurality of reflectors of the tag device are to be activated, a second set of reflectors of the plurality of reflectors are to be deactivated, or a combination thereof, (Section III, Section IV, Fig.4) Hartmann teaches the position 1 (interpreted as the first set of reflectors) reflector tap is active (are to be activated). It would have been obvious to one having ordinary skill in the art before the effective filling date to have modified Ali to incorporate the first tag configuration indicates a reflector configuration, wherein the first tag configuration indicates a first set of reflectors of a plurality of reflectors of the tag device are to be activated, a second set of reflectors of the plurality of reflectors are to be deactivated, or a combination thereof in order to improve data detection and enable uniform amplitude of data pulses. Regarding claim 2, Ali does not explicitly teach wherein: the first tag device includes a surface acoustic wave (SAW) tag device and the first tag device includes multiple reflectors, an interdigital transducer, a controller, or a combination thereof. Hartmann teaches wherein: the first tag device includes a surface acoustic wave (SAW) tag device and the first tag device includes multiple reflectors, an interdigital transducer, a controller, or a combination thereof. (Section III, Section IV) It would have been obvious to one having ordinary skill in the art before the effective filling date to have modified Ali to incorporate wherein: the first tag device includes a surface acoustic wave (SAW) tag device and the first tag device includes multiple reflectors, an interdigital transducer, a controller, or a combination thereof in order to improve data detection and enable uniform amplitude of data pulses. Regarding claim 3, Ali does not explicitly teach wherein the first tag configuration indicates one reflector of multiple reflectors of the first tag device to be configured as an initial reflector, a configuration of the multiple reflectors, or a frequency response parameter. Hartmann teaches wherein the first tag configuration indicates one reflector of multiple reflectors of the first tag device to be configured as an initial reflector, a configuration of the multiple reflectors, or a frequency response parameter. (Section IV, Section III) It would have been obvious to one having ordinary skill in the art before the effective filling date to have modified Ali to incorporate wherein the first tag configuration indicates one reflector of multiple reflectors of the first tag device to be configured as an initial reflector, a configuration of the multiple reflectors, or a frequency response parameter in order to improve data detection and enable uniform amplitude of data pulses. Regarding claim 4, Ali does not explicitly teach wherein the frequency response parameter includes an up-chirp or a down-chip, a frequency offset, or a combination thereof. Hartmann teaches wherein the frequency response parameter includes an up-chirp or a down-chip, a frequency offset, or a combination thereof. (Fig.4, Section IV, Section III) It would have been obvious to one having ordinary skill in the art before the effective filling date to have modified Ali to incorporate wherein the frequency response parameter includes an up-chirp or a down-chip, a frequency offset, or a combination thereof in order to improve data detection and enable uniform amplitude of data pulses. Regarding claim 5, Ali does not explicitly teach wherein the first tag configuration indicates an amplitude, a phase shift, or a frequency associated with the first backscatter signal. Hartmann teaches wherein the first tag configuration indicates an amplitude, a phase shift, or a frequency associated with the first backscatter signal. (Fig.4, Section IV, Section III) It would have been obvious to one having ordinary skill in the art before the effective filling date to have modified Ali to incorporate wherein the first tag configuration indicates an amplitude, a phase shift, or a frequency associated with the first backscatter signal in order to improve data detection and enable uniform amplitude of data pulses. Regarding claim 8, Ali teaches receiving a tag indicator from the first tag device, where the tag indicator indicates a programming delay, a tag type, a category type, a bandwidth, a positioning reference signal slot periodicity, a sensitivity, a tag delay, an energy harvesting capability, or a combination thereof, generating, based on the tag indicator, the first tag configuration for the first tag device of multiple tag devices; and determining, based on the first backscatter signal, a round trip time (RTT) associated with the first tag device, a position of the first tag device, a tag delay of the first tag device, or a combination thereof. (Page.13, lines 29-35, Page.14, lines 25-33, Page.15, lines 6-22, Page.16, lines 7-23) Regarding claim 11, Ali teaches a transmission/reception point (TRP) 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: transmit a tag configuration indicator that indicates a tag configuration for a tag device. (Abstract, Page.12, lines 17-24, Page.14, lines 25-33, Pages.15-16, Figs.3-5) Ali also teaches receive a backscatter signal from the tag device in responsive to a PRS, the backscatter signal based on the tag configuration. (Page.14, lines 25-33, Pages.15-16, Figs.3-5) Ali does not explicitly teach the tag configuration indicates a reflector configuration, wherein the tag configuration indicates a first set of reflectors of a plurality of reflectors of the tag device are to be activated, a second set of reflectors of the plurality of reflectors are to be deactivated, or a combination thereof. Hartmann teaches the tag configuration indicates a reflector configuration, wherein the tag configuration indicates a first set of reflectors of a plurality of reflectors of the tag device are to be activated, a second set of reflectors of the plurality of reflectors are to be deactivated, or a combination thereof (Section III, Section IV, Fig.4) Hartmann teaches the position 1 (interpreted as the first set of reflectors) reflector tap is active (are to be activated). It would have been obvious to one having ordinary skill in the art before the effective filling date to have modified Ali to incorporate the tag configuration indicates a reflector configuration, wherein the tag configuration indicates a first set of reflectors of a plurality of reflectors of the tag device are to be activated, a second set of reflectors of the plurality of reflectors are to be deactivated, or a combination thereof in order to improve data detection and enable uniform amplitude of data pulses. Regarding claim 12, the claim discloses substantially the same limitations, as claim 2. All limitations as recited have been analyzed and rejected with respect to claim 12, and do not introduce any additional narrowing of the scopes of the claims as analyzed. Therefore, claim 12 is rejected for the same rational over the prior art cited in claim 2. Regarding claim 15, the claim discloses substantially the same limitations, as claim 5. All limitations as recited have been analyzed and rejected with respect to claim 15, and do not introduce any additional narrowing of the scopes of the claims as analyzed. Therefore, claim 15 is rejected for the same rational over the prior art cited in claim 5. Regarding claim 16, Ali teaches a method of wireless communication performed by a tag device, the method comprising: receiving a tag configuration indicator that indicates a tag configuration for the tag device. (Abstract, Page.14, lines 25-33, Pages.15-16, Figs.3-5) Ali also teaches transmitting, based on the tag configuration, a backscatter signal in response to a positioning reference signal (PRS). (Page.14, lines 25-33, Pages.15-16, Figs.3-5) Ali does not explicitly teach the tag configuration indicates a reflector configuration, wherein the tag configuration indicates a first set of reflectors of a plurality of reflectors of the tag device are to be activated, a second set of reflectors of the plurality of reflectors are to be deactivated, or a combination thereof. Hartmann teaches the tag configuration indicates a reflector configuration, wherein the tag configuration indicates a first set of reflectors of a plurality of reflectors of the tag device are to be activated, a second set of reflectors of the plurality of reflectors are to be deactivated, or a combination thereof (Section III, Section IV, Fig.4) Hartmann teaches the position 1 (interpreted as the first set of reflectors) reflector tap is active (are to be activated). It would have been obvious to one having ordinary skill in the art before the effective filling date to have modified Ali to incorporate the tag configuration indicates a reflector configuration, wherein the tag configuration indicates a first set of reflectors of a plurality of reflectors of the tag device are to be activated, a second set of reflectors of the plurality of reflectors are to be deactivated, or a combination thereof in order to improve data detection and enable uniform amplitude of data pulses. Regarding claim 18, Ali does not explicitly teach configuring one or more components of the tag device based on the tag configuration, and wherein configuring the one or more components includes activating a first reflector, deactivating a second reflector, or a combination thereof. Hartmann teaches configuring one or more components of the tag device based on the tag configuration, and wherein configuring the one or more components includes activating a first reflector, deactivating a second reflector, or a combination thereof. (Section IV, Section III) It would have been obvious to one having ordinary skill in the art before the effective filling date to have modified Ali to incorporate configuring one or more components of the tag device based on the tag configuration, and wherein configuring the one or more components includes activating a first reflector, deactivating a second reflector, or a combination thereof in order to improve data detection and enable uniform amplitude of data pulses. Regarding claim 19, Ali does not explicitly teach wherein: the tag configuration indicates a reflector of multiple reflectors of the tag device to be configured as an initial reflector, a configuration of the multiple reflectors, a frequency response parameter, an amplitude associated with the backscatter signal, a phase shift associated with the backscatter signal, or a frequency associated with the backscatter signal. Hartmann teaches wherein: the tag configuration indicates a reflector of multiple reflectors of the tag device to be configured as an initial reflector, a configuration of the multiple reflectors, a frequency response parameter, an amplitude associated with the backscatter signal, a phase shift associated with the backscatter signal, or a frequency associated with the backscatter signal. (Section IV, Section III) It would have been obvious to one having ordinary skill in the art before the effective filling date to have modified Ali to incorporate wherein: the tag configuration indicates a reflector of multiple reflectors of the tag device to be configured as an initial reflector, a configuration of the multiple reflectors, a frequency response parameter, an amplitude associated with the backscatter signal, a phase shift associated with the backscatter signal, or a frequency associated with the backscatter signal in order to improve data detection and enable uniform amplitude of data pulses. Regarding claim 20, Ali teaches transmitting a tag device indicator that indicates a programming delay, a tag type, a category type, a bandwidth, a positioning reference signal slot periodicity, a sensitivity, a tag delay, an energy harvesting capability, or a combination thereof; identifying a tag address indicated by the tag configuration, wherein the tag address includes a tag ID or a group ID; and determining that the identified tag address corresponds to the tag device; receiving the PRS from a transmit/receive point (TRP); and generating the backscatter signal based on the PRS. (Page.13, lines 29-35, Page.14, lines 25-33, Page.15, lines 6-22, Page.16, lines 7-23) Claim(s) 6-7, 13-14 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Ali in view of Hartmann and ISO/IEC (“Information technology — Radio frequency identification for item management — Part 6”, all citations provided from machine translation attached) Regarding claim 6, Ali does not explicitly teach wherein the first tag configuration further indicates a tag address of the first tag device. ISO/IEC teaches wherein the first tag configuration further indicates a tag address of the first tag device. (Page.9, Table.4, Section 7.3.1) It would have been obvious to one having ordinary skill in the art before the effective filling date to have modified Ali to incorporate wherein the first tag configuration further indicates a tag address of the first tag device in order to provide enhanced efficiency, accuracy and security benefits. Regarding claim 7, Ali does not explicitly teach wherein the tag address indicates an active state of at least one reflector of the first tag device. ISO/IEC teaches wherein the tag address indicates an active state of at least one reflector of the first tag device. (Section 7.4.9.1) It would have been obvious to one having ordinary skill in the art before the effective filling date to have modified Ali to incorporate wherein the tag address indicates an active state of at least one reflector of the first tag device in order to provide a user with device configurations/state of device. Regarding claim 13, Ali does not explicitly teach wherein the tag configuration indicates a tag address of the tag device, one reflector of multiple reflectors of the tag device to be configured as an initial reflector, a configuration of the multiple reflectors, or a frequency response parameter. Hartmann teaches wherein the tag configuration indicates one reflector of multiple reflectors of the tag device to be configured as an initial reflector, a configuration of the multiple reflectors, or a frequency response parameter. (Section IV, Section III) ISO/IEC teaches wherein the tag configuration further indicates a tag address of the tag device. (Page.9, Table.4, Section 7.3.1) It would have been obvious to one having ordinary skill in the art before the effective filling date to have modified Ali to incorporate wherein the tag configuration indicates one reflector of multiple reflectors of the tag device to be configured as an initial reflector, a configuration of the multiple reflectors, or a frequency response parameter as taught by Hartmann in order to improve data detection and enable uniform amplitude of data pulses and further modify Ali to incorporate wherein the tag configuration further indicates a tag address of the tag device as taught by ISO/IEC in order to provide enhanced efficiency, accuracy and security benefits. Regarding claim 14, Ali does not explicitly teach wherein the frequency response parameter includes an up-chirp or a down-chip, a frequency offset, or a combination thereof. Hartmann teaches wherein the frequency response parameter includes an up-chirp or a down-chip, a frequency offset, or a combination thereof. (Fig.4, Section IV, Section III) It would have been obvious to one having ordinary skill in the art before the effective filling date to have modified Ali to incorporate wherein the frequency response parameter includes an up-chirp or a down-chip, a frequency offset, or a combination thereof in order to improve data detection and enable uniform amplitude of data pulses. Regarding claim 17, Ali does not explicitly teach wherein: the tag device includes a surface acoustic wave (SAW) tag device; the tag device includes multiple reflectors, an interdigital transducer, a controller, or a combination thereof; the tag configuration further indicates a tag address of the tag device. Hartmann teaches wherein: the tag device includes a surface acoustic wave (SAW) tag device; the tag device includes multiple reflectors, an interdigital transducer, a controller, or a combination thereof. (Section III, Section IV) ISO/IEC teaches wherein the tag configuration further indicates a tag address of the tag device. (Page.9, Table.4, Section 7.3.1) It would have been obvious to one having ordinary skill in the art before the effective filling date to have modified Ali to incorporate wherein: the tag device includes a surface acoustic wave (SAW) tag device; the tag device includes multiple reflectors, an interdigital transducer, a controller, or a combination thereof as taught by Hartmann in order to improve data detection and enable uniform amplitude of data pulses and further modify Ali to incorporate wherein the tag configuration further indicates a tag address of the tag device as taught by ISO/IEC in order to provide enhanced efficiency, accuracy and security benefits. Claim(s) 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Ali in view of Hartmann and Shoarinejad (US 20210199794 A1). Regarding claim 9, Ali does not explicitly teach wherein: the tag configuration indicator indicates a second tag configuration for a second tag device of multiple tag devices, the multiple tag devices including the first tag device and the second tag device, and the second tag configuration indicates the second tag device to be deactivate a set of reflectors of the second tag device. Shoarinejad teaches wherein: the tag configuration indicator indicates a second tag configuration for a second tag device of multiple tag devices, the multiple tag devices including the first tag device and the second tag device, and the second tag configuration indicates the second tag device to be deactivate a set of reflectors of the second tag device. (Paragraphs 123-124, Fig.5) It would have been obvious to one having ordinary skill in the art before the effective filling date to have modified Ali to incorporate wherein: the tag configuration indicator indicates a second tag configuration for a second tag device of multiple tag devices, the multiple tag devices including the first tag device and the second tag device, and the second tag configuration indicates the second tag device to be deactivate a set of reflectors of the second tag device in order to obtain measured position parameters for the reader based on signal transactions. Regarding claim 10, Ali does not explicitly teach receiving a second backscatter signal from the second tag device in responsive to the PRS, the second backscatter signal based on the second tag configuration. Shoarinejad teaches receiving a second backscatter signal from the second tag device in responsive to the PRS, the second backscatter signal based on the second tag configuration. (Paragraphs 123-125, Fig.5) It would have been obvious to one having ordinary skill in the art before the effective filling date to have modified Ali to incorporate receiving a second backscatter signal from the second tag device in responsive to the PRS, the second backscatter signal based on the second tag configuration in order to obtain measured position parameters for the reader based on signal transactions. Conclusion THIS ACTION IS MADE FINAL. 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 ABDALLAH ABULABAN whose telephone number is (571)272-4755. The examiner can normally be reached Monday - Friday 7:00am-3:00pm EST. 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, Isam Alsomiri can be reached at 571-272-6970. 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. /ABDALLAH ABULABAN/Primary Examiner, Art Unit 3645
Read full office action

Prosecution Timeline

Dec 01, 2022
Application Filed
Jun 16, 2025
Non-Final Rejection — §103
Sep 03, 2025
Response Filed
Oct 22, 2025
Non-Final Rejection — §103
Jan 12, 2026
Response Filed
Mar 23, 2026
Final Rejection — §103 (current)

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Prosecution Projections

4-5
Expected OA Rounds
68%
Grant Probability
83%
With Interview (+15.0%)
3y 1m
Median Time to Grant
High
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