Prosecution Insights
Last updated: October 01, 2026
Application No. 18/644,679

METHOD FOR WIRELESS COMMUNICATION AND DEVICE

Final Rejection §103
Filed
Apr 24, 2024
Priority
Oct 25, 2021 — continuation of PCTCN2021126070
Examiner
FIGUEROA, MARISOL
Art Unit
2643
Tech Center
2600 — Communications
Assignee
Guangdong OPPO Mobile Telecommunications Corp., Ltd.
OA Round
2 (Final)
80%
Grant Probability
Favorable
3-4
OA Rounds
4m
Est. Remaining
82%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allowance Rate
580 granted / 729 resolved
+17.6% vs TC avg
Minimal +3% lift
Without
With
+2.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
23 currently pending
Career history
747
Total Applications
across all art units

Statute-Specific Performance

§101
7.3%
-32.7% vs TC avg
§103
55.5%
+15.5% vs TC avg
§102
20.0%
-20.0% vs TC avg
§112
9.0%
-31.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 729 resolved cases

Office Action

§103
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Response to Arguments Applicant’s arguments with respect to claim(s) 1, 12, and 20 have been considered but are moot in view of new ground of rejections. See rejections below. Claim Rejections - 35 USC § 103 The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claims 1-5, 7-9, 11-17, 19, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over DURGIN (US 2010/009955) in view of EXCOFFIER et al. (US 2024/0288567). Regarding claim 1, Durgin discloses a method for wireless communication, comprising: sending, by a terminal device, a first signal to a first network device through backscattering (abstract; p. [0029], [0041], [0044]; the tag (i.e., terminal) sends a reflected return signal that is backscattered and received by radio transceivers), wherein a reception power of the first signal is used by the first network device to determine location information of the terminal device (p. [0030], [0045]-[0047]; the signal strength (i.e., received power) of the backscattered return signal is determined and used by the radio transceiver (i.e., network device) for determining location of the tag), the first signal is a signal obtained after a second signal is backscattered by the terminal device (abstract; the radio transceivers transmit radio frequency signals (i.e., second signal) and the tag backscatters a return signal (i.e., first signal)). But, Durgin does not particularly disclose the second signal carries identification information of the second signal. However, in an analogous art, Excoffier teaches a second signal that carries identification information of the second signal (abstract, lines 5-14; p. [0017]-[0018]; an ambient signal is transmitted (i.e., second signal) over the wireless network by a communicating device, a tag, backscatters the ambient signal to form a backscattered signal (i.e., first signal), the ambient signal transmitted by the communicating device comprises a message containing the network identifier of the communicating device – p. [0017]). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention, to modify Durgin with the teachings of Excoffier, since such a modification would allow to identify the source of the signals received by the tags and provide a backscattered signal including the received identification information (p. [0017]-[0018]). Regarding claim 2, the combination of Durgin and Excoffier disclose the method of claim 1, Durgin discloses wherein the second signal is sent by the first network device (abstract; the radio transceivers (i.e., first network device) transmit radio frequency signals (i.e., second signal) and the tag backscatters a return signal (i.e., first signal)); or the second signal is sent by another network device. Regarding claim 3, the combination of Durgin and Excoffier disclose the method of claim 2, Durgin discloses wherein when the second signal is sent by the first network device, the reception power of the first signal being used by the first network device to determine the location information of the terminal device comprises: the reception power of the first signal and a transmission power of the second signal being used by the first network device to determine a distance between the first network device and the terminal device (p. [0030], [0043], [0045]; each radio transceiver is coupled to a computer having a location determination module, the location determination module can determine a distance by determining a signal strength (i.e., reception power) of the backscattered return signal); and the distance between the first network device and the terminal device being used by the first network device to determine the location information of the terminal device (p. [0046]; the determined distance is used to determine the location of the tag (i.e., terminal)). Regarding claim 4, the combination of Durgin and Excoffier disclose the method of claim 2, Durgin discloses wherein when the second signal is sent by the first network device, the reception power of the first signal being used by the first network device to determine the location information of the terminal device comprises: the reception power of the first signal and a transmission power of the second signal being used by the first network device to determine a distance between the first network device and the terminal device (p. [0030], [0043], [0045]; the location determination module is configured to determine a signal strength of the backscattered return signal (i.e., reception power of first signal) and compare it with the signal strength of the transmitted radio frequency signal (i.e., transmission power of the second signal) to determine the distance between the tag (i.e., terminal) and the radio transceiver (i.e., first network device)); and the distance between the first network device and the terminal device being used by the first network device to determine the location information of the terminal device in combination with a distance between at least one additional network device and the terminal device (p. [0030], [0045], [0046]; where multiple radio transceivers (i.e., additional network device) are disposed about the area of interest, these distances can be used in a triangulation method to determine a location estimate of the tag (i.e., terminal)). Regarding claim 5, the combination of Durgin and Excoffier disclose the method of claim 3, Durgin discloses wherein the reception power of the first signal and the transmission power of the second signal being used by the first network device to determine the distance between the first network device and the terminal device comprises: the reception power of the first signal and the transmission power of the second signal being used by the first network device to determine a one-way transmission loss between the first network device and the terminal device (p. [0047]; a propagation loss (i.e., transmission loss) is determined based on received signal strength); and the one-way transmission loss between the first network device and the terminal device being used by the first network device to determine the distance between the first network device and the terminal device (p. [0047]; the propagation loss can be used to increase accuracy determination when the signals are triangulated). Regarding claim 7, the combination of Durgin and Excoffier disclose the method of claim 2, Durgin discloses wherein when the second signal is sent by a fourth network device (abstract; the plurality of radio transceivers transmits radio frequency signals, thus the second signal may be transmitted by another transceiver, e.g., 205 (i.e., fourth network device)), the reception power of the first signal being used by the first network device to determine the location information of the terminal device comprises: the reception power of the first signal and a transmission power of the second signal being used by the first network device to determine the location information of the terminal device in combination with a location relationship between the first network device and the fourth network device (p. [0030]-[0031], [0043], [0046]). Regarding claim 8, the combination of Durgin and Excoffier disclose the method of claim 7, Durgin discloses wherein the transmission power of the second signal is obtained by the first network device from the fourth network device or the transmission power of the second signal is obtained by the first network device from a control device, wherein the control device at least connects to the first network device and the fourth network device (Fig. 2, p. [0043]; each radio transceiver (i.e., first network device and fourth network device) is coupled to a computer 222 (i.e., control device)). Regarding claim 9, the combination of Durgin and Excoffier disclose the method of claim 2, Durgin discloses wherein the second signal is used to supply power for the terminal device, or the second signal is used to trigger the terminal device to send a signal through backscattering (abstract; the tag backscatters a return signal in response to the radio frequency signals transmitted (i.e., second signal), thus the radio frequency signals is a trigger for sending the return signal), or the second signal is used to trigger a terminal group comprising the terminal device to send a signal through backscattering, or the second signal is a positioning signal, or the second signal is inquiry information used to inquire about a terminal device in a first area. Regarding claim 11, the combination of Durgin and Excoffier disclose the method of claim 2, Durgin discloses wherein the first signal comprises at least one of: identification information of the terminal device (abstract; p. [0029], [0041]; the tag backscatters a return signal (i.e., first signal) having a unique identifier), identification information of the second signal, or a backscatter loss of the terminal device. Regarding claim 12, Durgin discloses a network device, comprising a processor and a memory, wherein the memory is configured to store a computer program (p. [0026], [0027]; radio transceiver includes control circuit that includes a microprocessor), and the processor is configured to invoke and execute the computer program stored in the memory to: receive a first signal sent by a terminal device through scattering (abstract; p. [0030], p. [0045]-[0047]; the radio transceiver 101 (i.e., first network device) receives a backscattered return signal (i.e., first signal) sent by a tag (i.e., terminal device)); and determine a location information of the terminal device according to a reception power of the first signal (p. [0030], [0043], [0045]-[0046]; the signal strength (i.e., reception power) of the backscattered return signal is used to determine a distance between the tag and the radio transceiver, and along with other distances used to the determine the location estimate of the tags (i.e., terminal device)), wherein the first signal is a signal obtained after a second signal is backscattered by the terminal device (abstract; the radio transceivers transmit radio frequency signals (i.e., second signal) and the tag backscatters a return signal (i.e., first signal)). But, Durgin does not particularly disclose wherein the second signal carries identification information of the second signal. However, in an analogous art, Excoffier teaches a second signal that carries identification information of the second signal (abstract, lines 5-14; p. [0017]-[0018]; an ambient signal is transmitted (i.e., second signal) over the wireless network by a communicating device, a tag, backscatters the ambient signal to form a backscattered signal (i.e., first signal), the ambient signal transmitted by the communicating device comprises a message containing the network identifier of the communicating device – p. [0017]). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention, to modify Durgin with the teachings of Excoffier, since such a modification would allow to identify the source of the signals received by the tags and provide a backscattered signal including the received identification information (p. [0017]-[0018]). Regarding claim 13, the combination of Durgin and Excoffier disclose the network device of claim 12, Durgin discloses wherein the second signal is sent by the first network device (abstract; the radio transceivers (i.e., first network device) transmit radio frequency signals (i.e., second signal) and the tag backscatters a return signal (i.e., first signal)); or the second signal is sent by another network device. Regarding claim 14, the combination of Durgin and Excoffier disclose the network device of claim 13, Durgin discloses wherein when the second signal is sent by the first network device, the processor configured to determine the location information of the terminal device according to the reception power of the first signal is configured to: determine the location information of the terminal device according to the reception power of the first signal and a transmission power of the second signal (p. [0024], [0030]; the coarse location estimate can be determined from the difference in signal strength (i.e., power) between a signal transmitted from the transceiver (i.e., second signal) and the signal received from the tag (i.e., first signal)). Regarding claim 15, the combination of Durgin and Excoffier disclose the network device of claim 14, Durgin discloses wherein the processor configured to determine the location information of the terminal device according to the reception power of the first signal and the transmission power of the second signal is configured to: determine a distance between the network device and the terminal device according to the reception power of the first signal and the transmission power of the second signal (p. [0030], [0043], [0045]; the location determination module is configured to determine a signal strength of the backscattered return signal (i.e., reception power of first signal) and compare it with the signal strength of the transmitted radio frequency signal (i.e., transmission power of the second signal) to determine the distance between the tag (i.e., terminal) and the radio transceiver (i.e., first network device)); and determine the location information of the terminal device according to the distance between the network device and the terminal device (p. [0030], [0045], [0046]; the determined distance is used in a triangulation method to determine a location estimate of the tag (i.e., terminal)). Regarding claim 16, the combination of Durgin and Excoffier disclose the network device of claim 14, Durgin discloses wherein the processor configured to determine the location information of the terminal device according to the reception power of the first signal and the transmission power of the second signal is configured to: determine a distance between the network device and the terminal device according to the reception power of the first signal and the transmission power of the second signal (p. [0030], [0043], [0045]; the location determination module is configured to determine a signal strength of the backscattered return signal (i.e., reception power of first signal) and compare it with the signal strength of the transmitted radio frequency signal (i.e., transmission power of the second signal) to determine the distance between the tag (i.e., terminal) and the radio transceiver (i.e., first network device)); and determine the location information of the terminal device according to the distance between the network device and the terminal device and a distance between at least one additional network device and the terminal device (p. [0030], [0045], [0046]; where multiple radio transceivers (i.e., additional network device) are disposed about the area of interest, these distances can be used in a triangulation method to determine a location estimate of the tag (i.e., terminal)). Regarding claim 17, the combination of Durgin and Excoffier disclose the network device of claim 15, Durgin discloses wherein the processor configured to determine the distance between the network device and the terminal device according to the reception power of the first signal and the transmission power of the second signal is configured to: determine a one-way transmission loss between the network device and the terminal device according to the reception power of the first signal and the transmission power of the second signal (p. [0047]; a propagation loss (i.e., transmission loss) is determined based on received signal strength); and determine the distance between the network device and the terminal device according to the one-way transmission loss between the network device and the terminal device (p. [0047]; the propagation loss can be used to increase accuracy determination when the signals are triangulated). Regarding claim 19, Durgin discloses a terminal device (Fig. 1, Tag 102), comprising a processor and a memory, wherein the memory is configured to store a computer program (p. [0027]), and the processor is configured to invoke and execute the computer program stored in the memory to perform the method of claim 1 (see rejection of claim 1 above). Regarding claim 20, Durgin discloses a chip, comprising a processor configured to invoke and execute a computer program from a memory to enable a device equipped with the chip (Fig. 1, radio transceiver 101 inherently includes a chip and microprocessor) to: receive a first signal sent by a terminal device through backscattering (abstract; p. [0030], p. [0045]-[0047]; the radio transceiver 101 (i.e., first network device) receives a backscattered return signal (i.e., first signal) sent by a tag (i.e., terminal device)); and determine location information of the terminal device according to a reception power of the first signal (p. [0030], [0043], [0045]-[0046]; the signal strength (i.e., reception power) of the backscattered return signal is used to determine a distance between the tag and the radio transceiver, and along with other distances used to the determine the location estimate of the tags (i.e., terminal device)), wherein the first signal is a signal obtained after a second signal is backscattered by the terminal device (abstract; the radio transceivers transmit radio frequency signals (i.e., second signal) and the tag backscatters a return signal (i.e., first signal)). But, Durgin does not particularly disclose wherein the second signal carries identification information of the second signal. However, in an analogous art, Excoffier teaches a second signal that carries identification information of the second signal (abstract, lines 5-14; p. [0017]-[0018]; an ambient signal is transmitted (i.e., second signal) over the wireless network by a communicating device, a tag, backscatters the ambient signal to form a backscattered signal (i.e., first signal), the ambient signal transmitted by the communicating device comprises a message containing the network identifier of the communicating device – p. [0017]). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention, to modify Durgin with the teachings of Excoffier, since such a modification would allow to identify the source of the signals received by the tags and provide a backscattered signal including the received identification information (p. [0017]-[0018]). Allowable Subject Matter Claims 6 and 18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion 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 MARISOL FIGUEROA whose telephone number is (571)272-7840. The examiner can normally be reached Mon-Thurs 8:00am-4:30pm. 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, Jinsong Hu can be reached at 571-272-3965. 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. /MARISOL FIGUEROA/ Primary Examiner Art Unit 2643
Read full office action

Prosecution Timeline

Apr 24, 2024
Application Filed
Mar 16, 2026
Non-Final Rejection mailed — §103
Jun 10, 2026
Response Filed
Aug 31, 2026
Final Rejection mailed — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
80%
Grant Probability
82%
With Interview (+2.6%)
2y 9m (~4m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 729 resolved cases by this examiner. Grant probability derived from career allowance rate.

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