Prosecution Insights
Last updated: October 02, 2026
Application No. 18/714,332

COMMUNICATION WITH PASSIVE WIRELESS BACKSCATTERING DEVICES

Non-Final OA §102
Filed
May 29, 2024
Priority
Dec 03, 2021 — nonprovisional of PCTEP2021084115
Examiner
O CONNOR, BRIAN T
Art Unit
2465
Tech Center
2400 — Computer Networks
Assignee
Telefonaktiebolaget LM Ericsson
OA Round
2 (Non-Final)
86%
Grant Probability
Favorable
2-3
OA Rounds
6m
Est. Remaining
94%
With Interview

Examiner Intelligence

Grants 86% — above average
86%
Career Allowance Rate
783 granted / 915 resolved
+27.6% vs TC avg
Moderate +8% lift
Without
With
+8.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
16 currently pending
Career history
934
Total Applications
across all art units

Statute-Specific Performance

§101
7.9%
-32.1% vs TC avg
§103
48.1%
+8.1% vs TC avg
§102
29.8%
-10.2% vs TC avg
§112
9.5%
-30.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 915 resolved cases

Office Action

§102
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 . This office action is in response to Applicant’s amendment filed on 07/09/2026. Claims 1-12, 14-20, and 22 are currently pending. Claim Rejections - 35 USC § 102 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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1-4, 16-18, and 22 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by KIMIONIS et al. (US 2023/0176207 A1; hereafter KIMIONIS). With respect to claim 1, KIMIONIS discloses a method for communicating with passive wireless backscattering devices (104 in FIG. 1; paragraphs [0023] and [0073], see the backscatter tag or tags), the method comprising: configuring a single controller (108a or 106 or 102a in FIG. 1; paragraph [0088]) to control access points, APs (102a, 102b, 102m, 102c in FIG. 1), operatively interfaced to the single controller, in a multi-static wireless network (102a-102m of FIG. 1; paragraphs [0023], [0046], [0086], see the multistatic wireless network); partitioning, by the single controller (108a or 106 or 102a in FIG. 1; paragraph [0088]), the multi-static wireless network (102a-102m of FIG. 1; paragraphs [0023], [0046], [0086], see the multistatic wireless network) into groups of APs according to proximity indicating information of the APs (102a, 102b, 102m, 102c in FIG. 1), the proximity indicating information indicating how proximate (201, 202 in FIG. 2a; paragraphs [0088] and [0089]) the APs are relative each other (211, 212, 213, 214, 215, 216 in FIG. 2b; 221, 222, 223, 224, 225, 226, 227 in FIG. 2c; paragraphs [0085] and [0086]); assigning, by the single controller (108a or 106 or 102a in FIG. 1; paragraph [0088]), to the APs in each of the groups, either a transmitting role or a receiving role for communicating with the passive wireless backscattering devices (104 in FIG. 1; paragraphs [0023] and [0073], see the backscatter tag or tags), at least one AP in each group being assigned the transmitting role and at least one other AP in each group is assigned the receiving role (211, 212, 213, 214, 215, 216 in FIG. 2b; 221, 222, 223, 224, 225, 226, 227 in FIG. 2c; paragraphs [0085] and [0086]); and initiating, by the single controller (108a or 106 or 102a in FIG. 1; paragraph [0088]), the APs (102a, 102b, 102m, 102c in FIG. 1) to communicate with the passive wireless backscattering devices (104 in FIG. 1; paragraphs [0023] and [0073], see the backscatter tag or tags) in accordance with the assigned roles (FIG. 3A; FIG. 3B; FiG. 3C; paragraph [0110]). With respect to claim 2, KIMIONIS further discloses the method according to claim 1, wherein the proximity indicating information relates to received power (201, 202 in FIG. 2a; paragraphs [0088] and [0089]) for wireless communication between the APs (102a, 102b, 102m, 102c in FIG. 1). With respect to claim 3, KIMIONIS further discloses the method according to claim 1, wherein the proximity indicating information is based on pairwise over-the-air measurements (201, 202 in FIG. 2a; paragraphs [0088] and [0089]) between the APs (102a, 102b, 102m, 102c in FIG. 1). With respect to claim 4, KIMIONIS further discloses the method according to claim 1, wherein the proximity indicating information relates to geographical locations (201, 202 in FIG. 2a; paragraphs [0088] and [0089]) for each of the APs (102a, 102b, 102m, 102c in FIG. 1). With respect to claim 16, KIMIONIS further discloses the method according to claim 1, wherein the multi-static wireless network (102a-102m of FIG. 1; paragraphs [0023], [0046], [0086], see the multistatic wireless network) is partitioned into at least two groups of APs, and wherein the controller (108a or 106 or 102a in FIG. 1; paragraph [0088]) configures the APs in one of the at least two groups of APs to communicate with the passive wireless backscattering devices (104 in FIG. 1; paragraphs [0023] and [0073], see the backscatter tag or tags) independently of the APs in any other of the at least two groups of APs (211, 212, 213, 214, 215, 216 in FIG. 2b; 221, 222, 223, 224, 225, 226, 227 in FIG. 2c; paragraphs [0085] and [0086]). With respect to claim 17, KIMIONIS further discloses the method according to claim 1, wherein the multi-static wireless network (102a-102m of FIG. 1; paragraphs [0023], [0046], [0086], see the multistatic wireless network) is partitioned into at least two groups of APs, and wherein the controller (108a or 106 or 102a in FIG. 1; paragraph [0088]) configures the APs such that, when at least one of the APs in one of the at least two groups of APs (211, 212, 213, 214, 215, 216 in FIG. 2b; 221, 222, 223, 224, 225, 226, 227 in FIG. 2c; paragraphs [0085] and [0086]) is communicating with the passive wireless backscattering devices (104 in FIG. 1; paragraphs [0023] and [0073], see the backscatter tag or tags) in the transmitting role, all APs in at least one other of the at least two groups of APs are communicating with the passive wireless backscattering devices (104 in FIG. 1; paragraphs [0023] and [0073], see the backscatter tag or tags) in the receiving role (211, 212, 213, 214, 215, 216 in FIG. 2b; 221, 222, 223, 224, 225, 226, 227 in FIG. 2c; paragraphs [0085] and [0086]). With respect to claim 18, KIMIONIS further discloses the method according to claim 1, wherein the controller (108a or 106 or 102a in FIG. 1; paragraph [0088]) configures the APs to switch between the transmitting role and the receiving role and vice versa within each of the groups between two consecutive communication instances (211, 212, 213, 214, 215, 216 in FIG. 2b; 221, 222, 223, 224, 225, 226, 227 in FIG. 2c; paragraphs [0085] and [0086]). With respect to claim 22, KIMIONIS discloses a controller for communicating with passive wireless backscattering devices (104 in FIG. 1; paragraphs [0023] and [0073], see the backscatter tag or tags), the controller (108a or 106 or 102a in FIG. 1; paragraph [0088]) comprising: processing circuitry (502 in FIG. 5; paragraph [0135]), the processing circuitry configured to cause the controller (108a or 106 or 102a in FIG. 1; paragraph [0088]) to: configure a single controller (108a or 106 or 102a in FIG. 1; paragraph [0088]) to control access points, APs (102a, 102b, 102m, 102c in FIG. 1), operatively interface to the controller, in a multi-static wireless network (102a-102m of FIG. 1; paragraphs [0023], [0046], [0086], see the multistatic wireless network); partition, by the controller (108a or 106 or 102a in FIG. 1; paragraph [0088]), the multi-static wireless network (102a-102m of FIG. 1; paragraphs [0023], [0046], [0086], see the multistatic wireless network) into groups of APs according to proximity indicating information of the APs (102a, 102b, 102m, 102c in FIG. 1), the proximity indicating information indicating how proximate the APs (102a, 102b, 102m, 102c in FIG. 1) are relative each other (201, 202 in FIG. 2a; paragraphs [0088] and [0089]); assign, by the controller (108a or 106 or 102a in FIG. 1; paragraph [0088]), to the APs in each of the groups, either a transmitting role or a receiving role for communicating with the passive wireless backscattering devices (104 in FIG. 1; paragraphs [0023] and [0073], see the backscatter tag or tags), at least one AP in each group being assigned the transmitting role and at least one other AP in each group is assigned the receiving role (211, 212, 213, 214, 215, 216 in FIG. 2b; 221, 222, 223, 224, 225, 226, 227 in FIG. 2c; paragraphs [0085] and [0086]); and initiate, by the controller (108a or 106 or 102a in FIG. 1; paragraph [0088]), the APs (102a, 102b, 102m, 102c in FIG. 1) to communicate with the passive wireless backscattering devices (104 in FIG. 1; paragraphs [0023] and [0073], see the backscatter tag or tags) in accordance with the assigned roles (FIG. 3A; FIG. 3B; FiG. 3C; paragraph [0110]). Allowable Subject Matter Claims 5-12, 14, 15, 19 and 20 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. Response to Arguments Applicant’s arguments, filed on 07/09/2026, with respect to the rejection of claims 1 and 22 under KO have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of KIMIONIS. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Brian T O'Connor whose telephone number is (571)270-1081. The examiner can normally be reached Mon-Fri Flex 10am-6:30pm. 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, Gary Mui can be reached at 571-270-1420. 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. /BRIAN T O CONNOR/Primary Examiner, Art Unit 2465 September 18, 2026
Read full office action

Prosecution Timeline

May 29, 2024
Application Filed
Apr 09, 2026
Non-Final Rejection mailed — §102
Jul 09, 2026
Response Filed
Sep 22, 2026
Non-Final Rejection mailed — §102 (current)

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

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Prosecution Projections

2-3
Expected OA Rounds
86%
Grant Probability
94%
With Interview (+8.1%)
2y 10m (~6m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 915 resolved cases by this examiner. Grant probability derived from career allowance rate.

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