Prosecution Insights
Last updated: July 17, 2026
Application No. 18/829,836

BACKSCATTER COMMUNICATION METHOD, TERMINAL DEVICE, AND NETWORK DEVICE

Non-Final OA §102
Filed
Sep 10, 2024
Priority
Mar 15, 2022 — continuation of PCTCN2022081037
Examiner
DANIEL JR, WILLIE J
Art Unit
Tech Center
Assignee
Guangdong OPPO Mobile Telecommunications Corp., Ltd.
OA Round
1 (Non-Final)
61%
Grant Probability
Moderate
1-2
OA Rounds
1y 11m
Est. Remaining
81%
With Interview

Examiner Intelligence

Grants 61% of resolved cases
61%
Career Allowance Rate
440 granted / 723 resolved
+0.9% vs TC avg
Strong +20% interview lift
Without
With
+20.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 10m
Avg Prosecution
25 currently pending
Career history
756
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
69.1%
+29.1% vs TC avg
§102
21.7%
-18.3% vs TC avg
§112
0.3%
-39.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 723 resolved cases

Office Action

§102
DETAILED ACTION This action is in response to application filed on 10 September 2024. Claims 1-20 are now pending in the present application. This office action is made Non-Final. 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 . Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Information Disclosure Statement The information disclosure statement(s) (IDS) submitted on 09 March 2026 10 September 2024 are in compliance with the provisions of 37 CFR 1.97 and is being considered by the examiner. 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. Claim(s) 1-20 are rejected under 35 U.S.C. 102(a)(2) as being by Elkotby et al. (hereinafter Elkotby) (US 2022/0225402 A1). Regarding claims 1, 8, and 16, Elkotby discloses a backscatter communication method { (see pg. 17, [0201]; Figs. 8 & 19) };, comprising: determining, by a terminal device, one or more backscatter time domain resources associated with a received first signal { (see pg. 17, [0202-0203]; Figs. 8 & 19) }; and performing, by the terminal device, backscatter communication based on the one or more backscatter time domain resources { (see pg. 17, [0205-0206]; Figs. 8 & 19) }. Regarding claims 2, 10, and 18, Elkotby discloses the method of claim 1, wherein determining, by the terminal device, the one or more backscatter time domain resources associated with the received first signal, comprises: determining, by the terminal device, the one or more backscatter time domain resources associated with the received first signal based on at least one of: a starting point of a backscatter time domain resource; a first signal time domain resource where the first signal is located; a time domain offset; a duration of the backscatter time domain resource; a format of the first signal; a number of backscatter time domain resource(s) associated with the first signal; or an interval between two adjacent backscatter time domain resources associated with the first signal; wherein a unit of the time domain offset comprises: microseconds, milliseconds, seconds, OFDM symbols, time slots, subframes, frames or basic time units of backscatter communication; wherein time domain offsets corresponding to all first signals are configured uniformly or independently { (see pg. 17, [0202-0203]; Figs. 8 & 19) }. Regarding claims 3 and 11, Elkotby discloses the method of claim 2, wherein the time domain offset comprises an offset from a first reference point to a second reference point; wherein the first reference point is associated with the received first signal; and the second reference point is associated with the backscatter time domain resource; wherein the first reference point comprises at least one of a starting point of the received first signal, an end point of the received first signal, a starting point of a time unit where the received first signal is located, or an end point of the time unit where the received first signal is located; the second reference point comprises at least one of the starting point of the backscatter time domain resource, an end point of the backscatter time domain resource, a starting point of a time unit where the backscatter time domain resource is located, or an end point of the time unit where the backscatter time domain resource is located; wherein a time unit comprises: orthogonal frequency division multiplexing (OFDM) symbols, time slots, subframes, frames or basic time units of backscatter communication { (see pg. 17, [0203]; pg. 15, [0187]; pp. 12-13, [0153-0159]; Figs. 8 & 19) }. Regarding claims 4 and 10, Elkotby discloses the method of claim 1, further comprising: monitoring, by the terminal device, the first signal on a first time domain resource set { (see pg. 17, [0203]; pg. 15, [0187]; pp. 12-13, [0153-0159]; Figs. 8 & 19) }. Regarding claims 5 and 12, Elkotby discloses the method of claim 4, wherein determining, by the terminal device, the one or more backscatter time domain resources associated with the received first signal, comprises: determining, by the terminal device, all backscatter time domain resources in the first time domain resource set located after the first signal, and using, by the terminal device, the determined backscatter time domain resources as the one or more backscatter time domain resources associated with the first signal; or determining, by the terminal device, all backscatter time domain resources in the first time domain resource set located after the first signal and overlap with the first signal, and using, by the terminal device, the determined backscatter time domain resources as the one or more backscatter time domain resources associated with the first signal; or determining, by the terminal device, the one or more backscatter time domain resources associated with the received first signal, comprises: determining, by the terminal device, N2 or less backscatter time domain resource(s) satisfying a second condition, and using, by the terminal device, the determined backscatter time domain resource(s) as the backscatter time domain resource(s) associated with the first signal; the N2 being a positive integer; wherein in a case where a number of the backscatter time domain resources satisfying the second condition is greater than or equal to N2, the terminal device uses the N2 backscatter time domain resource(s) satisfying the second condition as the backscatter time domain resource(s) associated with the first signal; or in a case where the number of the backscatter time domain resources satisfying the second condition is less than N2, the terminal device uses all backscatter time domain resource(s) satisfying the second condition as the backscatter time domain resource(s) associated with the first signal; or determining, by the terminal device, the one or more backscatter time domain resources associated with the received first signal, comprises: determining, by the terminal device, N3 backscatter time domain resource(s) satisfying an association rule, and using, by the terminal device, the determined backscatter time domain resource(s) as the backscatter time domain resource(s) associated with the first signal; wherein the N3 is a number of backscatter time domain resources that are associated with a first signal time domain resource where the first signal is located, and the N3 is indicated by the association rule; or determining, by the terminal device, the one or more backscatter time domain resources associated with the received first signal, comprises: determining, by the terminal device, N3 or less backscatter time domain resource(s) satisfying an association rule, and using, by the terminal device, the determined backscatter time domain resource(s) as the backscatter time domain resource(s) associated with the first signal; wherein the N3 is a number of backscatter time domain resources associated with a first signal time domain resource where the first signal is located, and the N3 is indicated by the association rule { (see pg. 17, [0203]; pg. 15, [0187]; pp. 12-13, [0153-0159]; Figs. 8 & 19) }. Regarding claims 6 and 15, Elkotby discloses the method of claim 5, wherein the association rule is represented by a bitmap; wherein the bitmap comprises M1 bits; each bit corresponds to X1 backscatter time domain resources or X1 basic communication units in the first time domain resource set where the first signal time domain resource is located; or one bit of the bitmap corresponds to Y1 backscatter time domain resources or Y1 basic communication units in the first time domain resource set where the first signal time domain resource is located, and each bit in remaining bits of the bitmap corresponds to X1 backscatter time domain resources or X1 basic communication units in the first time domain resource set where the first signal time domain resource is located; a relationship between the M1 and the X1 satisfies M1=T1/X1, M1=┌T1/X1┐, or M1=└T1/X1┘, wherein the T1 represents a number of backscatter time domain resources or a number of basic communication units satisfying a third condition in the first time domain resource set where the first signal time domain resource is located; wherein the third condition comprises: being located at any location in the first time domain resource set where the first signal time domain resource is located; or being located in the first time domain resource set where the first signal time domain resource is located and after the first signal time domain resource; or being located in the first time domain resource set where the first signal time domain resource is located, and located after the first signal time domain resource or overlapping with the first signal time domain resource; or the bitmap comprises M2 bits, and each bit corresponds to X2 basic communication units or X2 backscatter time domain resources; the X2 or the M2 is a positive integer; or the bitmap comprises M3 bits; each bit corresponds to X3 backscatter time domain resources or X3 basic communication units; or one bit of the bitmap corresponds to Y3 backscatter time domain resources or Y3 basic communication units, and each bit in remaining bits of the bitmap corresponds to X3 backscatter time domain resources or X3 basic communication units; a relationship between the M3 and the X3 satisfies M3=T3/X3, M3=┌T3/X3┐, or M3=└T3/X3┘, wherein the T3 represents a number of backscatter time domain resources or a number of basic communication units satisfying a fourth condition in K first time domain resource sets, and K is a positive integer; wherein the T3 represents a number of backscatter time domain resources or a number of basic communication units satisfying the fourth condition in K consecutive first time domain resource sets; or the T3 represents a number of backscatter time domain resources or a number of basic communication units satisfying the fourth condition in K consecutive first time domain resource sets containing the backscatter time domain resources; wherein the fourth condition comprises: being located at any location in the K first time domain resource sets; or being located in the K first time domain resource sets and located after the first signal time domain resource; or being located in the K first time domain resource sets and located after the first signal time domain resource or overlapping with the first signal time domain resource { (see pg. 11, [0135]; pg. 12, [0143-0150]; pg. 13, [0161-0165]; pg. 17, [0202-0204]; Figs. 8 & 19) }. Regarding claims 7, 14, and 20, Elkotby discloses the method of claim 4, wherein monitoring, by the terminal device, the first signal on the first time domain resource set, comprises: performing, by the terminal device, monitoring on all first signal time domain resources in the first time domain resource set; or determining, by the terminal device, first signal domain resources in the first time domain resource set that need to be monitored based on a user equipment (UE) identification (ID), and performing, by the terminal device, monitoring on the first time domain resources that need to be monitored; or determining, by the terminal device, first signal domain resources in the first time domain resource set that need to be monitored based on a UE ID and a cell ID, and performing, by the terminal device, monitoring on the first time domain resources that need to be monitored; or determining, by the terminal device, first signal domain resources in the first time domain resource set that need to be monitored based on a terminal group identification, and performing, by the terminal device, monitoring on the first time domain resources that need to be monitored; or determining, by the terminal device, first signal domain resources in the first time domain resource set that need to be monitored based on a terminal group identification and a cell ID, and performing, by the terminal device, monitoring on the first time domain resources that need to be monitored; or monitoring, by the terminal device, the first signal on the first time domain resource set, comprises: monitoring, by the terminal device, the first signal during power harvesting or after completing power harvesting; in a case where the terminal device determines a plurality of backscatter time domain resources associated with the received first signal, performing, by the terminal device, backscatter communication based on the one or more backscatter time domain resources, comprises: selecting, by the terminal device, a backscatter time domain resource from the plurality of backscatter time domain resources randomly, and performing backscatter communication using the selected backscatter time domain resource; or selecting, by the terminal device, a backscatter time domain resource from the plurality of backscatter time domain resources based on a UE ID, and performing backscatter communication using the selected backscatter time domain resource; or, selecting, by the terminal device, a backscatter time domain resource from the plurality of backscatter time domain resources based on a UE ID and a cell ID, and performing backscatter communication using the selected backscatter time domain resource; or, selecting, by the terminal device, a backscatter time domain resource from the plurality of backscatter time domain resources based on a group identification, and performing backscatter communication using the selected backscatter time domain resource; or, selecting, by the terminal device, a backscatter time domain resource from the plurality of backscatter time domain resources based on a group identification and a cell ID, and performing backscatter communication using the selected backscatter time domain resource { (see pg. 17, [0204]; pg. 14, [0172-0177]; pp. 12-13, [0153-0159]; Figs. 8 & 19) }. Regarding claims 9 and 17, Elkotby discloses the method of claim 8, wherein the first signal has at least one of following functions: triggering backscatter communication; scheduling backscatter communication; or carrying indicating information of time domain resource(s) for performing backscatter communication { (see pg. 17, [0202-0203]; Figs. 8 & 19) }. Regarding claims 13 and 19, Elkotby discloses the method of claim 8, wherein a format of the first signal comprises at least one of a first format, a second format and a third format, wherein the first signal in the first format is associated with one or more backscatter time domain resources; the first signal in the second format is associated with a backscatter time domain resource; or the first signal in the third format is associated with a plurality of backscatter time domain resources { (see pg. 17, [0202-0203]; pg. 13, [0161-0165]; Figs. 8 & 19) }. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIE J DANIEL JR whose telephone number is (571)272-7907. The examiner can normally be reached on 9 - 6. 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 on 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 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. /WILLIE J DANIEL JR/Primary Examiner, Art Unit 2465 WJD,Jr 18 June 2026
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Prosecution Timeline

Sep 10, 2024
Application Filed
Jun 24, 2026
Non-Final Rejection mailed — §102 (current)

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Prosecution Projections

1-2
Expected OA Rounds
61%
Grant Probability
81%
With Interview (+20.0%)
3y 10m (~1y 11m remaining)
Median Time to Grant
Low
PTA Risk
Based on 723 resolved cases by this examiner. Grant probability derived from career allowance rate.

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