Prosecution Insights
Last updated: July 17, 2026
Application No. 18/727,163

APPROACHES FOR BACKSCATTERING

Non-Final OA §102§103
Filed
Jul 08, 2024
Priority
Jan 14, 2022 — nonprovisional of PCTEP2022050729
Examiner
HUQ, OBAIDUL
Art Unit
Tech Center
Assignee
Telefonaktiebolaget LM Ericsson
OA Round
1 (Non-Final)
90%
Grant Probability
Favorable
1-2
OA Rounds
7m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allowance Rate
709 granted / 787 resolved
+30.1% vs TC avg
Moderate +14% lift
Without
With
+14.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
18 currently pending
Career history
801
Total Applications
across all art units

Statute-Specific Performance

§101
2.3%
-37.7% vs TC avg
§103
88.3%
+48.3% vs TC avg
§102
1.8%
-38.2% vs TC avg
§112
3.4%
-36.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 787 resolved cases

Office Action

§102 §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 . Claim Rejections - 35 USC § 102 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. 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. Claim(s) 1, 12, 17-18 and 60 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by disclosed prior art KARIMARUTHUMKAL et al., US 2021/0368439 A1 (Karimaruthumkal hereinafter). Here is how the reference teaches the claims. Regarding claim 1, Karimaruthumkal discloses a method for an orthogonal frequency division multiplex (OFDM) transmitter (Karimaruthumkal, paragraph [0043], The described implementations can be implemented in any device, system or network that is capable of transmitting and receiving RF signals according to one or more of the following technologies or techniques: code division multiple access (CDMA), time division multiple access (TDMA), frequency division multiple access (FDMA), orthogonal FDMA (OFDMA), single-carrier FDMA (SC-FDMA)), the method comprising; transmitting a signal packet for illumination of a backscatter device the signal packet (Karimaruthumkal, paragraph [0004], A driver AP transmits packets (referred to as "power packets") with known data. This data is modulated by the backscatter and transmitted either to the driver AP or to some other device which can decode the modulated data. Radio-frequency identification (RFID) is one example of a technology that uses backscattering. Also see claim 12, sending a wake up radio (WUR) trigger packet to one or more backscattering devices indicating one or more parameters for backscattering transmission (i.e., illumination of the backscatter device); and sending one or more power packets to the one or more backscattering devices on a first frequency channel) comprising: an initial portion configured to trigger circuitry of the backscatter device for operation (Karimaruthumkal, Fig. 10, step 1002 and paragraph [0094], In some implementations, in block 1002, the wireless communication device 300 sends a WUR trigger packet to one or more backscattering devices indicating one or more parameters for backscattering transmission (i.e., initial portion of the signaling packet triggers circuitry of one or more back scatter device)), and configured to transfer energy to the backscatter device (Karimaruthumkal, paragraph [0014], shifting energy of the power packet (i.e., transfer energy) on the first frequency channel to second frequency channel without modulating data of the backscattering device on the second frequency channel during the second duration of the power packet preamble; and shifting energy of the power packet on the first frequency channel to second frequency channel and modulating data of the backscattering device on the second frequency channel (i.e., transfer energy to the backscattering device) after the second duration of the power packet preamble (i.e., initial portion of the signal packet)); at least one data carrying portion configured to provide control information to the backscatter device regarding backscatter transmission (Karimaruthumkal, paragraph [0090], As shown in FIG. 9, the backscattering parameters may include a T1 parameter, a T2 parameter, a T3 parameter, an address parameter, and a channel parameter (i.e., data carrying portion configured to provide control information regarding backscatter transmission). The T1 parameter may indicate a transmit start time-the time after which backscattering transmission starts. The T2 parameter may indicate a preamble wait time-the preamble duration of the power packet is a time for preamble backscattering without any modulation, so that the preamble does not get corrupted by modulation. The T3 parameter may indicate a transmit duration-the time for which backscattering can take place ( e.g., data is transferred to the new channel) and phase modulation can be performed where backscattering data is modulated over the power packet and transmitted. Thus, backscattering may be done after the Tl time and lasts for the T3 time. Each backscattering device may be provided with an address. The address parameter may be used by the driver AP in the WUR trigger packet to schedule which backscattering device is to perform the backscattering (i.e., back scattering parameter provided to the backscattering device)); and at least one illuminating portion configured to cause backscatter transmission by the backscatter device within a duration of the illuminating portion and in accordance with the provided control information (Karimaruthumkal, paragraph [0092], As shown in FIG. 9, during the data phase, the driver AP may begin sending the power packets, including a power packet header/preamble and power packet data. During the time T2, the backscattering device receives the power packet header/preamble and performs backscattering (i.e., back scattering device performing back scattering/illuminating) without any modulation. After the T2 time, the backscattering device performs backscattering with phase modulation to modulate data on to the signal. The backscattering device backscatters (i.e., illuminates signal) onto the channel indicated by the channel parameter in the WUR trigger packet. Also see paragraph [0090], The T1 parameter may indicate a transmit start time-the time after which backscattering transmission starts. The T2 parameter may indicate a preamble wait time-the preamble duration of the power packet is a time for preamble backscattering without any modulation, so that the preamble does not get corrupted by modulation. The T3 parameter may indicate a transmit duration-the time for which backscattering can take place (e.g., data is transferred to the new channel) and phase modulation can be performed where backscattering data is modulated over the power packet and transmitted. Thus, backscattering may be done after the T1 time and lasts for the T3 time (i.e., backscatter transmission by the backscatter device within a duration of the illuminating portion)). Regarding claim 12, Karimaruthumkal discloses wherein the control information provided by the data carrying portion includes a frequency indicator for the backscatter transmission (Karimaruthumkal, paragraphs [0085], In some implementations, in block 702, the wireless communication device 300 receives a wake up radio (WUR) trigger packet from an access point (AP) indicating one or more parameters for backscattering transmission (i.e., control information indicating frequency for the backscatter transmission). In block 704, the wireless communication device 300 receives one or more power packets from the AP on a first frequency channel. In block 706, the wireless communication device sending one or more backscattered transmissions on a second frequency channel based on the one or more power packets and the one or more parameters). Regarding claim 17, Karimaruthumkal discloses wherein the control information provided by the data carrying portion specifies at least one timing parameter for a transmission instance of the backscatter transmission (Karimaruthumkal, paragraph [0090], As shown in FIG. 9, the backscattering parameters may include a T1 parameter, a T2 parameter, a T3 parameter, an address parameter, and a channel parameter (i.e., control information providing timining information regarding backscatter transmission). The T1 parameter may indicate a transmit start time-the time after which backscattering transmission starts … Thus, backscattering may be done after the Tl time and lasts for the T3 time. Each backscattering device may be provided with an address. The address parameter may be used by the driver AP in the WUR trigger packet to schedule which backscattering device is to perform the backscattering). Regarding claim 18, Karimaruthumkal discloses wherein the at least one timing parameter for a transmission instance of the backscatter transmission includes at least one of a transmission instance start time, a transmission instance end time and a transmission instance duration (Karimaruthumkal, paragraph [0090], As shown in FIG. 9, the backscattering parameters may include a T1 parameter, a T2 parameter, a T3 parameter, an address parameter, and a channel parameter. The T1 parameter may indicate a transmit start time-the time after which backscattering transmission starts. The T2 parameter may indicate a preamble wait time-the preamble duration of the power packet is a time for preamble backscattering without any modulation, so that the preamble does not get corrupted by modulation. The T3 parameter may indicate a transmit duration-the time for which backscattering can take place ( e.g., data is transferred to the new channel) and phase modulation can be performed where backscattering data is modulated over the power packet and transmitted. Thus, backscattering may be done after the Tl time and lasts for the T3 time (i.e., timing parameter for a transmission instance of the backscatter transmission includes at least one of a transmission instance start time, a transmission instance end time and a transmission instance duration)). Regarding claim 60, Karimaruthumkal discloses an apparatus for an orthogonal frequency division multiplex (OFDM) transmitter (Karimaruthumkal, paragraph [0043], The described implementations can be implemented in any device, system or network that is capable of transmitting and receiving RF signals according to one or more of the following technologies or techniques: code division multiple access (CDMA), time division multiple access (TDMA), frequency division multiple access (FDMA), orthogonal FDMA (OFDMA), single-carrier FDMA (SC-FDMA)), the apparatus comprising; controlling circuitry configured to cause (Karimaruthumkal, paragraph [0007], The wireless communication device includes at least one modem and at least one processor communicatively coupled with the at least one modem. The at least one memory communicatively coupled with the at least one processor and storing processor-readable code that, when executed by the at least one processor in conjunction with the at least one modem, is configured to receive a WUR trigger packet from an AP indicating one or more parameters for backscattering transmission) transmission of a signal packet for illumination of a backscatter device (Karimaruthumkal, paragraph [0004], A driver AP transmits packets (referred to as "power packets") with known data. This data is modulated by the backscatter and transmitted either to the driver AP or to some other device which can decode the modulated data. Radio-frequency identification (RFID) is one example of a technology that uses backscattering. Also see claim 12, sending a wake up radio (WUR) trigger packet to one or more backscattering devices indicating one or more parameters for backscattering transmission (i.e., illumination of the backscatter device); and sending one or more power packets to the one or more backscattering devices on a first frequency channel), the signal packet comprising: an initial portion configured to trigger circuitry of the backscatter device for operation (Karimaruthumkal, Fig. 10, step 1002 and paragraph [0094], In some implementations, in block 1002, the wireless communication device 300 sends a WUR trigger packet to one or more backscattering devices indicating one or more parameters for backscattering transmission (i.e., initial portion of the signaling packet triggers circuitry of one or more back scatter device)), and configured to transfer energy to the backscatter device (Karimaruthumkal, paragraph [0014], shifting energy of the power packet (i.e., transfer energy) on the first frequency channel to second frequency channel without modulating data of the backscattering device on the second frequency channel during the second duration of the power packet preamble; and shifting energy of the power packet on the first frequency channel to second frequency channel and modulating data of the backscattering device on the second frequency channel (i.e., transfer energy to the backscattering device) after the second duration of the power packet preamble (i.e., initial portion of the signal packet)); at least one data carrying portion configured to provide control information to the backscatter device regarding backscatter transmission (Karimaruthumkal, paragraph [0090], As shown in FIG. 9, the backscattering parameters may include a T1 parameter, a T2 parameter, a T3 parameter, an address parameter, and a channel parameter (i.e., data carrying portion configured to provide control information regarding backscatter transmission). The T1 parameter may indicate a transmit start time-the time after which backscattering transmission starts. The T2 parameter may indicate a preamble wait time-the preamble duration of the power packet is a time for preamble backscattering without any modulation, so that the preamble does not get corrupted by modulation. The T3 parameter may indicate a transmit duration-the time for which backscattering can take place ( e.g., data is transferred to the new channel) and phase modulation can be performed where backscattering data is modulated over the power packet and transmitted. Thus, backscattering may be done after the Tl time and lasts for the T3 time. Each backscattering device may be provided with an address. The address parameter may be used by the driver AP in the WUR trigger packet to schedule which backscattering device is to perform the backscattering (i.e., back scattering parameter provided to the backscattering device)); and at least one illuminating portion configured to cause backscatter transmission by the backscatter device within a duration of the illuminating portion and in accordance with the provided control information (Karimaruthumkal, paragraph [0092], As shown in FIG. 9, during the data phase, the driver AP may begin sending the power packets, including a power packet header/preamble and power packet data. During the time T2, the backscattering device receives the power packet header/preamble and performs backscattering (i.e., back scattering device performing back scattering/illuminating) without any modulation. After the T2 time, the backscattering device performs backscattering with phase modulation to modulate data on to the signal. The backscattering device backscatters (i.e., illuminates signal) onto the channel indicated by the channel parameter in the WUR trigger packet. Also see paragraph [0090], The T1 parameter may indicate a transmit start time-the time after which backscattering transmission starts. The T2 parameter may indicate a preamble wait time-the preamble duration of the power packet is a time for preamble backscattering without any modulation, so that the preamble does not get corrupted by modulation. The T3 parameter may indicate a transmit duration-the time for which backscattering can take place (e.g., data is transferred to the new channel) and phase modulation can be performed where backscattering data is modulated over the power packet and transmitted. Thus, backscattering may be done after the T1 time and lasts for the T3 time (i.e., backscatter transmission by the backscatter device within a duration of the illuminating portion)). 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. 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. 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. Claim(s) 9-10, 14, 19 and 61-62 is/are rejected under 35 U.S.C. 103 as being unpatentable over disclosed prior art KARIMARUTHUMKAL et al., US 2021/0368439 A1 (Karimaruthumkal hereinafter), as applied to the claims above and further in view of disclosed prior art LOPEZ et a., US 2020/01412591 A1 (Lopez hereinafter). Here is how the references teach the claims. Regarding claims 9-10, 14, 19 and 61-62, Karimaruthumkal discloses the method of claim1, the method of claim 12, the method of claim 17 and the apparatus of claim 60. Karimaruthumkal does not explicitly disclose the following features. Regarding claim 9, wherein at least one illuminating portion comprises at least one continuously active sub-carrier. Regarding claim 10, wherein at least one illuminating portion extends only over a subset of OFDM signal frequency resources. Regarding claim 14, wherein the frequency indicator for the backscatter transmission is configured to cause the backscatter transmission to coincide with at least one orthogonal frequency division multiplex (OFDM) signal sub-carrier. Regarding claim 19, wherein the at least one timing parameter for a transmission instance of the backscatter transmission defines the transmission instance as coinciding with at least one OFDM symbol. Regarding claim 61, wherein at least one illuminating portion comprises at least one continuously active sub-carrier. Regarding claim 62, wherein the apparatus is comprised on an orthogonal frequency division multiplex (OFDM) transmitter. In the same field of endeavor (e.g., communication system) Lopez discloses a method related to transmitting data from a passive radio device that comprises the following features. Regarding claim 9, wherein at least one illuminating portion comprises at least one continuously active sub-carrier (Lopez, paragraph [0017], The incident radio signal (i.e., illuminating portion) may comprise at least one group of adjacent active subcarriers (i.e., at least one continuously active subcarrier)). Regarding claim 10, wherein at least one illuminating portion extends only over a subset of OFDM signal frequency resources (Lopez, paragraph [0049], The first embodiment of the generating device 250 in FIG. 7 may be deployed for the out-of-band backscattering. The generating device 250 illuminates (illumination portion) the transmitting device 100 with a broadband OFDM signal using a distributed allocation of the active subcarrier 706). Regarding claim 14, wherein the frequency indicator for the backscatter transmission is configured to cause the backscatter transmission to coincide with at least one orthogonal frequency division multiplex (OFDM) signal sub-carrier (Lopez, paragraph [0158], The receiving device 200 may comprise an analog-to-digital converter 1018, a synchronization module 1016 for synchronization (i.e., coincides) with the OFDM symbol rate and/or the carrier frequency of the backscattered radio signal 504, e.g., based on the training symbols 808 (i.e., a frequency indicator) (i.e., the frequency indicator for the backscatter transmission is configured to cause the backscatter transmission to coincide with at least one orthogonal frequency division multiplex (OFDM) signal sub-carrier), … the receiving device 200 synchronizes to the center of frequency of the backscattered radio signal 504, e.g., using the synchronization field 808 included by the generating device 250 at the beginning of the incident radio signal 502. Also see paragraph [0150], The incident radio signal 502 starts with one or more training symbols 808, in order to aid the receiving device 200 to perform frequency synchronization). Regarding claim 19, wherein the at least one timing parameter for a transmission instance of the backscatter transmission defines the transmission instance as coinciding with at least one OFDM symbol (Lopez, paragraph [0047], The incident radio signal may be an orthogonal frequency modulation (OFDM) signal (e.g., on the subcarrier frequency raster). Data symbols in the backscattered radio signal and OFDM symbols in the incident radio signal may be synchronized (i.e., timing parameter for a transmission instance of the backscatter transmission defines the transmission instance as coinciding with at least one OFDM symbol)). Regarding claim 61, wherein at least one illuminating portion comprises at least one continuously active sub-carrier (Lopez, paragraph [0017], The incident radio signal (i.e., illuminating portion) may comprise at least one group of adjacent active subcarriers (i.e., at least one continuously active subcarrier)). Regarding claim 62, wherein the apparatus is comprised on an orthogonal frequency division multiplex (OFDM) transmitter (Lopez, paragraph [0117], The radio environment 500 may comprise, or may be implemented without, a stationary network infrastructure such as base stations. The generating device 250 may comprise an Orthogonal Frequency-Division Multiplexing (OFDM) transmitter, e.g., a 3GPP base station, a 3GPP user equipment (UE), a MulteFire access point (AP), a Wi-Fi AP or a Wi-Fi mobile station). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Karimaruthumkal by using the features, as taught by Lopez, in order to support backscattering radio communication technique that allows improving or controlling bandwidth utilization efficiency and/or reliability (see Lopez, abstract and paragraph [0005]). Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over disclosed prior art KARIMARUTHUMKAL et al., US 2021/0368439 A1 (Karimaruthumkal hereinafter), as applied to the claims above and further in view of LOCKIE et a., US 2021/0396865 A1 (Lockie hereinafter). Here is how the references teach the claims. Regarding claim 13, Karimaruthumkal discloses the method of claim 12. Karimaruthumkal does not explicitly disclose wherein the frequency indicator for the backscatter transmission is configured to cause the backscatter transmission and a corresponding illuminating portion to be non-overlapping in frequency. In the same field of endeavor (e.g., communication system) Lockie discloses a method related to transmit, back scatter or receive a wireless signal that comprises wherein the frequency indicator for the backscatter transmission is configured to cause the backscatter transmission and a corresponding illuminating portion to be non-overlapping in frequency (Lockie, paragraph [0070], The receiver 130 preferably identifies the sidebands present within the cumulative frequency spectrum. For example, the receiver may identify the peak amplitude within each of a plurality of non-overlapping ranges of frequencies differencing from the carrier frequency by offset frequencies corresponding to different backscatter device identities and locations (i.e., frequency indicator for the backscatter transmission is configured to cause the backscatter transmission and a corresponding illuminating portion to be non-overlapping in frequency)). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Karimaruthumkal by using the features, as taught by Lockie, in order to increasing the power (and by extension, range) of the signals backscattered by the backscatter device, enabling the backscatter devices to be powered by radio frequency power harvesting of the carrier signal, allowing the backscatter devices to be passive and unpowered (see Lockie, abstract and paragraph [0117]). Claim(s) 35 is/are rejected under 35 U.S.C. 103 as being unpatentable over disclosed prior art KARIMARUTHUMKAL et al., US 2021/0368439 A1 (Karimaruthumkal hereinafter), as applied to the claims above and further in view of MILLER et a., US 2024/0296305 A1 (Miller hereinafter). Here is how the references teach the claims. Regarding claim 35, Karimaruthumkal discloses the method of claim 1. Karimaruthumkal does not explicitly disclose wherein the OFDM transmitter is an OFDM transceiver configured for simultaneous transmission and reception in a same channel, wherein the simultaneous transmission and reception use different OFDM signal frequency resources within the channel. In the same field of endeavor (e.g., communication system) Miller discloses a method related to passively powering wireless IoT devices that comprises wherein the OFDM transmitter is an OFDM transceiver configured for simultaneous transmission and reception in a same channel, wherein the simultaneous transmission and reception use different OFDM signal frequency resources within the channel (Miller, paragraph [0027], The RF signal may also include backscatter parameters. The IoT devices may extract power from the signal, perform their operations, and backscatter a reply signal over a different frequency identified by the received backscatter parameters. For example, to accommodate a large number of IoT devices attempting to communicate at the same time (i.e., simultaneous transmission and reception), different frequencies may be assigned to different IoT devices. Further multiplexing approaches such as CDMA or OFDM may also be employed). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Karimaruthumkal by using the features, as taught by Miller, in order to provide code diversity scheme in both transmit and backscatter signals so that the reliability of a message signal by using two or more communication channels with different characteristics could be improved, thereby, reducing harmful effects of interference or fading (see Miller, abstract and paragraph [0038]). Claim(s) 24-25, 27-30 and 67 is/are rejected under 35 U.S.C. 103 as being unpatentable over disclosed prior art KARIMARUTHUMKAL et al., US 2021/0368439 A1 (Karimaruthumkal hereinafter), in view of disclosed prior art LOPEZ et a., US 2020/01412591 A1 (Lopez hereinafter). Here is how the references teach the claims. Regarding claim 24, Karimaruthumkal discloses a method for a backscatter device (Karimaruthumkal, abstract, This disclosure provides methods, devices and systems for a wireless local area network (WLAN) wake up radio (WUR) with backscattering), the method comprising; receiving a signal packet from an orthogonal frequency division multiplex (OFDM) transmitter (Karimaruthumkal, paragraph [0043], The described implementations can be implemented in any device, system or network that is capable of transmitting and receiving RF signals according to one or more of the following technologies or techniques: code division multiple access (CDMA), time division multiple access (TDMA), frequency division multiple access (FDMA), orthogonal FDMA (OFDMA), single-carrier FDMA (SC-FDMA)), the signal packet comprising: an initial portion configured to trigger circuitry of the backscatter device for operation (Karimaruthumkal, Fig. 10, step 1002 and paragraph [0094], In some implementations, in block 1002, the wireless communication device 300 sends a WUR trigger packet to one or more backscattering devices indicating one or more parameters for backscattering transmission (i.e., initial portion of the signaling packet triggers circuitry of one or more back scatter device)), and configured to transfer energy to the backscatter device (Karimaruthumkal, paragraph [0014], shifting energy of the power packet (i.e., transfer energy) on the first frequency channel to second frequency channel without modulating data of the backscattering device on the second frequency channel during the second duration of the power packet preamble; and shifting energy of the power packet on the first frequency channel to second frequency channel and modulating data of the backscattering device on the second frequency channel (i.e., transfer energy to the backscattering device) after the second duration of the power packet preamble (i.e., initial portion of the signal packet)); at least one data carrying portion configured to provide control information to the backscatter device regarding backscatter transmission (Karimaruthumkal, paragraph [0090], As shown in FIG. 9, the backscattering parameters may include a T1 parameter, a T2 parameter, a T3 parameter, an address parameter, and a channel parameter (i.e., data carrying portion configured to provide control information regarding backscatter transmission). The T1 parameter may indicate a transmit start time-the time after which backscattering transmission starts. The T2 parameter may indicate a preamble wait time-the preamble duration of the power packet is a time for preamble backscattering without any modulation, so that the preamble does not get corrupted by modulation. The T3 parameter may indicate a transmit duration-the time for which backscattering can take place ( e.g., data is transferred to the new channel) and phase modulation can be performed where backscattering data is modulated over the power packet and transmitted. Thus, backscattering may be done after the Tl time and lasts for the T3 time. Each backscattering device may be provided with an address. The address parameter may be used by the driver AP in the WUR trigger packet to schedule which backscattering device is to perform the backscattering (i.e., back scattering parameter provided to the backscattering device)); and at least one illuminating portion configured to cause backscatter transmission by the backscatter device within a duration of the illuminating portion and in accordance with the provided control information (Karimaruthumkal, paragraph [0092], As shown in FIG. 9, during the data phase, the driver AP may begin sending the power packets, including a power packet header/preamble and power packet data. During the time T2, the backscattering device receives the power packet header/preamble and performs backscattering (i.e., back scattering device performing back scattering/illuminating) without any modulation. After the T2 time, the backscattering device performs backscattering with phase modulation to modulate data on to the signal. The backscattering device backscatters (i.e., illuminates signal) onto the channel indicated by the channel parameter in the WUR trigger packet. Also see paragraph [0090], The T1 parameter may indicate a transmit start time-the time after which backscattering transmission starts. The T2 parameter may indicate a preamble wait time-the preamble duration of the power packet is a time for preamble backscattering without any modulation, so that the preamble does not get corrupted by modulation. The T3 parameter may indicate a transmit duration-the time for which backscattering can take place (e.g., data is transferred to the new channel) and phase modulation can be performed where backscattering data is modulated over the power packet and transmitted. Thus, backscattering may be done after the T1 time and lasts for the T3 time (i.e., backscatter transmission by the backscatter device within a duration of the illuminating portion)); Regarding claim 67, Karimaruthumkal discloses an apparatus for a backscatter device (Karimaruthumkal, abstract, The backscattering device may receive a wake up radio (WUR) trigger packet from an access point (AP) indicating one or more parameters for backscattering transmission), the apparatus comprising controlling circuitry (Karimaruthumkal, paragraph [0007], The wireless communication device includes at least one modem and at least one processor communicatively coupled with the at least one modem) configured to: cause reception of a signal packet from an orthogonal frequency division multiplex (OFDM) transmitter (Karimaruthumkal, paragraph [0043], The described implementations can be implemented in any device, system or network that is capable of transmitting and receiving RF signals according to one or more of the following technologies or techniques: code division multiple access (CDMA), time division multiple access (TDMA), frequency division multiple access (FDMA), orthogonal FDMA (OFDMA), single-carrier FDMA (SC-FDMA)), the signal packet comprising: an initial portion configured to trigger circuitry of the backscatter device for operation (Karimaruthumkal, Fig. 10, step 1002 and paragraph [0094], In some implementations, in block 1002, the wireless communication device 300 sends a WUR trigger packet to one or more backscattering devices indicating one or more parameters for backscattering transmission (i.e., initial portion of the signaling packet triggers circuitry of one or more back scatter device)), and configured to transfer energy to the backscatter device (Karimaruthumkal, paragraph [0014], shifting energy of the power packet (i.e., transfer energy) on the first frequency channel to second frequency channel without modulating data of the backscattering device on the second frequency channel during the second duration of the power packet preamble; and shifting energy of the power packet on the first frequency channel to second frequency channel and modulating data of the backscattering device on the second frequency channel (i.e., transfer energy to the backscattering device) after the second duration of the power packet preamble (i.e., initial portion of the signal packet)); at least one data carrying portion configured to provide control information to the backscatter device regarding backscatter transmission (Karimaruthumkal, paragraph [0090], As shown in FIG. 9, the backscattering parameters may include a T1 parameter, a T2 parameter, a T3 parameter, an address parameter, and a channel parameter (i.e., data carrying portion configured to provide control information regarding backscatter transmission). The T1 parameter may indicate a transmit start time-the time after which backscattering transmission starts. The T2 parameter may indicate a preamble wait time-the preamble duration of the power packet is a time for preamble backscattering without any modulation, so that the preamble does not get corrupted by modulation. The T3 parameter may indicate a transmit duration-the time for which backscattering can take place ( e.g., data is transferred to the new channel) and phase modulation can be performed where backscattering data is modulated over the power packet and transmitted. Thus, backscattering may be done after the Tl time and lasts for the T3 time. Each backscattering device may be provided with an address. The address parameter may be used by the driver AP in the WUR trigger packet to schedule which backscattering device is to perform the backscattering (i.e., back scattering parameter provided to the backscattering device)); and at least one illuminating portion configured to cause backscatter transmission by the backscatter device within a duration of the illuminating portion and in accordance with the provided control information (Karimaruthumkal, paragraph [0092], As shown in FIG. 9, during the data phase, the driver AP may begin sending the power packets, including a power packet header/preamble and power packet data. During the time T2, the backscattering device receives the power packet header/preamble and performs backscattering (i.e., back scattering device performing back scattering/illuminating) without any modulation. After the T2 time, the backscattering device performs backscattering with phase modulation to modulate data on to the signal. The backscattering device backscatters (i.e., illuminates signal) onto the channel indicated by the channel parameter in the WUR trigger packet. Also see paragraph [0090], The T1 parameter may indicate a transmit start time-the time after which backscattering transmission starts. The T2 parameter may indicate a preamble wait time-the preamble duration of the power packet is a time for preamble backscattering without any modulation, so that the preamble does not get corrupted by modulation. The T3 parameter may indicate a transmit duration-the time for which backscattering can take place (e.g., data is transferred to the new channel) and phase modulation can be performed where backscattering data is modulated over the power packet and transmitted. Thus, backscattering may be done after the T1 time and lasts for the T3 time (i.e., backscatter transmission by the backscatter device within a duration of the illuminating portion)); Regarding claims 24 and 67, Karimaruthumkal does not explicitly disclose harvesting energy from at least the initial portion. In the same field of endeavor (e.g., communication system) Lopez discloses a method related to transmitting data from a passive radio device that comprises harvesting energy from at least the initial portion (Lopez, paragraph [0010], The passive radio device may comprise a baseband circuit (i.e., an initial portion). The baseband circuit may be driven by radio-induced energy (which may be referred to as strictly passive), by a local energy source ( e.g., a solar cell or a battery) or by local energy harvesting (which may be referred to as semipassive). For example, the passive radio device is not configured for generating a radio signal. Herein, generating a radio signal may encompass converting electrical energy into an electromagnetic wave. For example, the passive radio device comprises no power amplifier, no up-converter and/or no radio frequency chain). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Karimaruthumkal by using the features, as taught by Lopez, in order to support backscattering radio communication technique that allows improving or controlling bandwidth utilization efficiency and/or reliability (see Lopez, abstract and paragraph [0005]). Regarding claim 27, Karimaruthumkal further discloses further comprising performing time synchronization based on time synchronization information comprised in the control information provided by the data carrying portion (Karimaruthumkal, paragraph [0077], The backscatter tag 502 (e.g., a backscattering transmitter) backscatters the original Wi-Fi signal on a new channel, by shifting energy of the original Wi-Fi signal to the new channel and can modulate its data on the signal. As shown, the AP 110 can receive the the backscattered signal. The AP 110 can synchronize and correlate the original and backscattered Wi-Fi signals and extract the backscattered data modulated on the backscattered signal. FIG. 6 shows an example backscattered transmission. Also see paragraph [0081], The backscattering techniques may allow control by the driver AP over the backscattering transmitter to perform CCA and time synchronization. The techniques may allow for the duty cycle to be controlled to save power). Regarding claim 28, Karimaruthumkal further discloses further comprising performing backscatter transmission within the duration of the illuminating portion (Karimaruthumkal, paragraph [0090], As shown in FIG. 9, the backscattering parameters may include a T1 parameter, a T2 parameter, a T3 parameter, an address parameter, and a channel parameter. The T1 parameter may indicate a transmit start time-the time after which backscattering transmission starts ... The T3 parameter may indicate a transmit duration-the time for which backscattering can take place ( e.g., data is transferred to the new channel) and phase modulation can be performed where backscattering data is modulated over the power packet and transmitted. Thus, backscattering may be done after the T1 time and lasts for the T3 time (i.e., backscatter transmission within the duration of the illuminating portion)). Regarding claim 29, Karimaruthumkal further discloses wherein the backscatter transmission is performed using at least one of frequency shift keying (FSK), on-off keying (OOK), and Manchester coding (MC) (Karimaruthumkal, paragraph [0059]-[0060], In some implementations, the payload 206 includes multiple symbols modulated according to a multicarrier (MC) on-off keying (OOK) (MC-OOK) modulation scheme. For example, in some implementations the payload 206 is generated according to the IEEE 802.11 ba communication protocol and includes a WUR Beacon frame, a WUR Wakeup frame, a WUR Discovery frame or a WUR Vendor Specific frame … As will be discussed herein, the WUR packets may be used for backscattering. For example, the WUR packets may include parameters for the backscattering). Regarding claim 30, Karimaruthumkal further discloses wherein the backscatter transmission is performed in accordance with a frequency indicator included in the control information provided by the data carrying portion (Karimaruthumkal, paragraphs [0085], In some implementations, in block 702, the wireless communication device 300 receives a wake up radio (WUR) trigger packet from an access point (AP) indicating one or more parameters for backscattering transmission (i.e., control information indicating frequency for the backscatter transmission). In block 704, the wireless communication device 300 receives one or more power packets from the AP on a first frequency channel. In block 706, the wireless communication device sending one or more backscattered transmissions on a second frequency channel based on the one or more power packets and the one or more parameters). Regarding claim 25, Karimaruthumkal does not explicitly disclose wherein one or both of the at least one illuminating portion and the data carrying portion is further configured to transfer energy to the backscatter device. In the same field of endeavor (e.g., communication system) Lopez discloses a method related to transmitting data from a passive radio device that comprises wherein one or both of the at least one illuminating portion and the data carrying portion is further configured to transfer energy to the backscatter device (Lopez, paragraph [0100], The transmitting device 100 may comprise or may be embodied by the passive radio device. A radio device may be passive, if the energy in a radio signal transmitted from the passive radio device is induced by the incident radio signal (i.e., at least an illuminating portion transferring energy to the backscatter device). The transmission energy may be induced in the exposed antenna 102 and/or a modulation circuit coupled to the antenna for the modulation in the module 104 (also: modulation module)). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Karimaruthumkal by using the features, as taught by Lopez, in order to support backscattering radio communication technique that allows improving or controlling bandwidth utilization efficiency and/or reliability (see Lopez, abstract and paragraph [0005]). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to OBAIDUL HUQ whose telephone number is (571)270-7199. The examiner can normally be reached Mon-Fri 8:00-5:00. 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, Kwang Bin Yao can be reached at 571-272-3182. 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. /OBAIDUL HUQ/Primary Examiner, Art Unit 2473 Dated: 05/30/2026
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Prosecution Timeline

Jul 08, 2024
Application Filed
Jun 03, 2026
Non-Final Rejection mailed — §102, §103 (current)

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1-2
Expected OA Rounds
90%
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99%
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2y 7m (~7m remaining)
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