Prosecution Insights
Last updated: April 19, 2026
Application No. 18/603,879

HEADERS FOR BACKSCATTERING DEVICES

Non-Final OA §103
Filed
Mar 13, 2024
Examiner
AGUIAR, JOHNNY B
Art Unit
2447
Tech Center
2400 — Computer Networks
Assignee
Cisco Technology Inc.
OA Round
1 (Non-Final)
80%
Grant Probability
Favorable
1-2
OA Rounds
2y 5m
To Grant
99%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allow Rate
310 granted / 387 resolved
+22.1% vs TC avg
Strong +19% interview lift
Without
With
+19.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
7 currently pending
Career history
394
Total Applications
across all art units

Statute-Specific Performance

§101
9.1%
-30.9% vs TC avg
§103
43.5%
+3.5% vs TC avg
§102
17.1%
-22.9% vs TC avg
§112
18.8%
-21.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 387 resolved cases

Office Action

§103
DETAILED ACTION The current office action is in response to the communication filed on 3/13/24. Claims 1-20 are pending. The Examiner recommends filing a written authorization for Internet communication in response to the present action. Doing so permits the USPTO to communicate with Applicant using Internet email to schedule interviews or discuss other aspects of the application. Without a written authorization in place, the USPTO cannot respond to Internet correspondence received from Applicant. The preferred method of providing authorization is by filing form PTO/SB/439, available at: https://www.uspto.gov/patent/forms/forms. See MPEP § 502.03 for other methods of providing written authorization. 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 . Paper Submitted It is hereby acknowledged that the following papers have been received and placed of record in the file: Information Disclosure Statement(s) as received on 7/19/24 and 10/10/24 are considered by the Examiner. Allowable Subject Matter Claims 6, 13 and 19 are objected to as being dependent upon a rejected base claim, but would be allowable if the Objections to the Specification and the Claim Objections listed in the paragraph(s) below are corrected and the claims are rewritten in independent form including all of the limitations of the base claim and any intervening claims. Specification The disclosure is objected to because of the following informalities: Typically abbreviations/acronyms are used after an expansion is provided to the abbreviations/acronyms. However, in the Specification, “CD” is used before it is expanded. It is suggested to use expansions before using their abbreviations/acronyms. Appropriate correction is required. “…access pint 102.” on page 8, [0031], should be “…access point 102.” (emphasis added). Appropriate correction is required. Claim Objections Claims 4 and 8-20 objected to because of the following informalities: Typically abbreviations/acronyms are used after an expansion is provided to the abbreviations/acronyms. However, in claims 4, 8, 11, 14-17 and 20, the abbreviations/acronyms “MAC,” and “IP” are used before they are expanded. It is suggested to use expansions before using their abbreviations/acronyms. Appropriate correction is required. All dependent claims are objected to as having the same deficiencies as the claims they depend from. 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 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 of this title, 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. Claims 1-2, 8-9 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over “Karimaruthumkal et al.” (US PGPUB 2021/0368439) (Hereinafter Karimaruthumkal) in view of “Lee et al.” (US PGPUB 2016/0077573) (Hereinafter Lee). With respect to claim 1, Karimaruthumkal teaches an apparatus (device 300; Fig. 3, [0065]) comprising: one or more memories (memory 308; Fig. 3, [0066]); and one or more processors (processor 306; Fig. 3, [0066]) communicatively coupled to the one or more memories (Fig. 3, [0066]), a combination of the one or more processors configured to: determine an address for a backscattering device (an access point (AP) transmits the wake up radio (WUR) trigger packet containing backscattering parameters to a backscattering device, the backscattering parameters comprises an address of the backscattering device; Fig. 8, [0012], [0018], [0089]-[0090]. The determination of the address of the backscattering device is made when the AP generates the WUR packet comprising the address of the backscattering device); generate a header comprising the address (the WUR trigger packet comprises a 6-bit field indicating the address of the backscatter device; Fig. 8, [0012], [0018], [0089]-[0090]); communicate a first energizing frame to the backscattering device, wherein the first energizing frame comprises the header (an access point (AP) transmits the wake up radio (WUR) trigger packet containing backscattering parameters to a backscattering device, the backscattering parameters comprises an address of the backscattering device; Fig. 8, [0012], [0018], [0089]-[0090]); and receive a message from the backscattering device, wherein the message comprises the header (the backscattering device sends one or more backscattered transmissions on a second frequency channel based on one or more power packets and the one or more backscattering parameters. Backscattered transmissions comprise 802.11 packets; [0006], [0018], [0085], [0090]). Karimaruthumkal does not teach a header comprising an Internet protocol (IP) address. However, Lee teaches a header comprising an Internet protocol (IP) address (generating a wake-up packet comprising a header, the header includes the IP address of the reception device; Figs. 5-6, [0098], [0106]). It would have been obvious to a person with ordinary skill in the art before the effective filing date of the claimed invention to incorporate generating a header comprising an IP address to Karimaruthumkal because Karimaruthumkal discloses sending wakeup packets comprising address information ([0090]) and Lee suggests generating a header comprising an IP address ([0106]). One of ordinary skill in the art would be motivated to utilize the teachings of Lee in the Karimaruthumkal system in order to provide a more accurate routing and delivery of packets. With respect to claim 2, Karimaruthumkal as modified teaches the apparatus of Claim 1. Lee further teaches wherein the combination of the one or more processors is further configured to determine a media access control (MAC) address for the backscattering device and wherein the header further comprises the MAC address (generating a wake-up packet comprising a header, the header includes the IP address and the MAC address of the reception device; Figs. 5-6, [0098], [0106]). It would have been obvious to a person with ordinary skill in the art before the effective filing date of the claimed invention to incorporate generating a header comprising IP and MAC addresses to Karimaruthumkal because Karimaruthumkal discloses sending wakeup packets comprising address information ([0090]) and Lee suggests generating a header comprising IP and MAC addresses ([0106]). One of ordinary skill in the art would be motivated to utilize the teachings of Lee in the Karimaruthumkal system in order to provide a more accurate routing and delivery of packets. The limitations of claims 8-9 are rejected in the analysis of claims 1-2 respectively and these claims are rejected on that basis. The limitations of claim 15 are rejected in the analysis of claim 1 above and this claim is rejected on that basis. Furthermore, Karimaruthumkal discloses a non-transitory computer readable medium storing instructions (Fig. 3, [0071]) as recited in claim 15. Claims 3-4, 10-11 and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Karimaruthumkal in view of Lee, and further in view of “Qiao et al.” (US PGPUB 2023/0362723) (Hereinafter Qiao). With respect to claim 3, Karimaruthumkal as modified teaches the apparatus of Claim 1. Karimaruthumkal does not teach wherein the combination of the one or more processors is further configured to compress a portion of the header to generate a compressed portion and wherein the header comprises the compressed portion. However, Qiao teaches wherein the combination of the one or more processors is further configured to compress a portion of the header to generate a compressed portion and wherein the header comprises the compressed portion (performing ethernet header compression by mapping the destination MAC address and/or the source MAC address to a corresponding header compression index, and transmitting to a device, the mapping information between destination MAC address and/or the source MAC address and the corresponding header compression index; [0188], [0217]). It would have been obvious to a person with ordinary skill in the art before the effective filing date of the claimed invention to incorporate performing packet header compression to Karimaruthumkal because Karimaruthumkal discloses sending wakeup packets comprising address information ([0090]) and Qiao suggests performing packet header compression ([0188]). One of ordinary skill in the art would be motivated to utilize the teachings of Qiao in the Karimaruthumkal system in order to reduce resource consumption and accelerate packet transfer speed. With respect to claim 4, Karimaruthumkal as modified teaches the apparatus of Claim 3. Qiao further teaches wherein the portion comprises a MAC address for the backscattering device (performing ethernet header compression by mapping the destination MAC address and/or the source MAC address to a corresponding header compression index, and transmitting to a device, the mapping information between destination MAC address and/or the source MAC address and the corresponding header compression index; [0188], [0217]). It would have been obvious to a person with ordinary skill in the art before the effective filing date of the claimed invention to incorporate performing packet header compression to Karimaruthumkal because Karimaruthumkal discloses sending wakeup packets comprising address information ([0090]) and Qiao suggests performing packet header compression ([0188]). One of ordinary skill in the art would be motivated to utilize the teachings of Qiao in the Karimaruthumkal system in order to reduce resource consumption and accelerate packet transfer speed. The limitations of claims 10-11 are rejected in the analysis of claims 3-4 respectively and these claims are rejected on that basis. The limitations of claims 16-17 are rejected in the analysis of claims 3-4 respectively and these claims are rejected on that basis. Claims 5, 12 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Karimaruthumkal in view of Lee, and further in view of “Shukla et al.” (US 11,483,766) (Hereinafter Shukla). With respect to claim 5, Karimaruthumkal as modified teaches the apparatus of Claim 1. Karimaruthumkal does not teach wherein the combination of the one or more processors is further configured to, in response to a flag in the message being set, communicate a second energizing frame to the backscattering device. However, Shukla teaches wherein the combination of the one or more processors is further configured to, in response to a flag in the message being set, communicate a second energizing frame to the backscattering device (computing device transmits a frame including a header to a wireless access point. The header includes a power management bit set to “0” indicating that the computing device is exiting or has exited the power save mode. As a result, the wireless access point transmits, to the computing device, frames including the address of the computing device; col. 3, lines 38-58). It would have been obvious to a person with ordinary skill in the art before the effective filing date of the claimed invention to incorporate using flags in packets/messages to Karimaruthumkal because Karimaruthumkal discloses sending wakeup packets comprising address information ([0090]) and Shukla suggests using flags in packets/messages (col. 3, lines 38-58). One of ordinary skill in the art would be motivated to utilize the teachings of Shukla in the Karimaruthumkal system in order to increase the security and reliability of packet/message transmission. The limitations of claims 12 and 18 are rejected in the analysis of claim 5 above and these claims are rejected on that basis. Claims 7, 14 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Karimaruthumkal in view of Lee, and further in view of “Li et al.” (US PGPUB 2013/0117586) (Hereinafter Li). With respect to claim 7, Karimaruthumkal as modified teaches the apparatus of Claim 1. Karimaruthumkal does not teach wherein the combination of the one or more processors is further configured to determine an IP address for a communication destination of the backscattering device and wherein the header further comprises the IP address for the communication destination. However, Li teaches wherein the combination of the one or more processors is further configured to determine an IP address for a communication destination of the backscattering device and wherein the header further comprises the IP address for the communication destination (a wakeup data frame comprises an IP header field that includes a source IP address field and a destination IP address field; [0032]). It would have been obvious to a person with ordinary skill in the art before the effective filing date of the claimed invention to incorporate generating a header comprising a destination IP address to Karimaruthumkal because Karimaruthumkal discloses sending wakeup packets comprising address information ([0090]) and Li suggests generating a header comprising a destination IP address ([0032]). One of ordinary skill in the art would be motivated to utilize the teachings of Li in the Karimaruthumkal system in order to provide a more accurate routing and delivery of packets. The limitations of claims 14 and 20 are rejected in the analysis of claim 7 above and these claims are rejected on that basis. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure: He. US 2025/0038842. Discloses obtaining signals used for backscatter communication. Kim et al. US 2019/0349857. Discloses transmitting and receiving wake-up radio packets. Wang et al. US 2024/0255634. Discloses enabling backscatter-based positioning measurements. Wang et al. US 2024/0259090. Discloses indicating timing information for backscattering a signal. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Johnny B Aguiar whose telephone number is (571)272-3563. The examiner can normally be reached on Monday to Friday 7:30 am - 5:30 pm 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, Joon Hwang can be reached on (571) 272-4036. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /JOHNNY B AGUIAR/ Primary Examiner, Art Unit 2447 February 2, 2026
Read full office action

Prosecution Timeline

Mar 13, 2024
Application Filed
Feb 02, 2026
Non-Final Rejection — §103
Apr 07, 2026
Examiner Interview Summary
Apr 07, 2026
Applicant Interview (Telephonic)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
80%
Grant Probability
99%
With Interview (+19.3%)
2y 5m
Median Time to Grant
Low
PTA Risk
Based on 387 resolved cases by this examiner. Grant probability derived from career allow rate.

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