Prosecution Insights
Last updated: October 02, 2026
Application No. 18/856,906

SIDELINK KIND PASSIVE COMMUNICATIONS

Non-Final OA §102
Filed
Oct 15, 2024
Priority
Jul 07, 2022 — nonprovisional of PCTCN2022104294
Examiner
LOPATA, ROBERT J
Art Unit
Tech Center
Assignee
Qualcomm Incorporated
OA Round
1 (Non-Final)
90%
Grant Probability
Favorable
1-2
OA Rounds
4m
Est. Remaining
91%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allowance Rate
877 granted / 980 resolved
+29.5% vs TC avg
Minimal +2% lift
Without
With
+1.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
23 currently pending
Career history
985
Total Applications
across all art units

Statute-Specific Performance

§101
9.7%
-30.3% vs TC avg
§103
27.1%
-12.9% vs TC avg
§102
35.8%
-4.2% vs TC avg
§112
12.5%
-27.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 980 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 . Information Disclosure Statement The information disclosure statements (IDS) submitted on 10/15/24 and 3/18/26. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement 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 – 12, 16 - 30 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Luo et al. (US Publication 2024/0372766) disclosed in CN (202210113513.x) (machine translation). Regarding claims 1 and 27, Saily teaches an apparatus for wireless communications by a reader device, comprising: a memory comprising executable instructions; and one or more processors configured to execute the executable instructions and cause the reader device to: (i.e. fig. 15 shows communication apparatus comprising a processor, memory and transceiver for executing programmed instructions; see paragraph 343, 344) identify frequency resource sets, within a frequency band, for communicating with radio frequency (RF) devices; (i.e. fig. 7 shows a network apparatus may identify an OFDM frequency resource for wireless communications; see paragraph 219) and communicate with one or more RF devices via backscatter communications using one or more of the frequency resource sets. (i.e. fig. 7 shows the apparatus may perform backscattered communications on the frequency resources with other network devices; see paragraphs 220, 221) Regarding claims 2, Saily teaches the apparatus of claim 1, wherein the one or more processors are further configured to execute the executable instructions and cause the reader device to receive signaling configuring the reader device with the frequency resource sets. (i.e. fig. 7 shows the apparatus may receive frequency domain resources wherein to perform the backscatter communication; see paragraphs 221, 222) Regarding claims 3 and 28, Saily teaches the apparatus of claim 1 and 27, wherein the reader device is pre-configured with the frequency resource sets. (i.e. fig. 7 shows the apparatus is configured with time-frequency resources for backscatter communications; see paragraphs 221, 222) Regarding claims 4 and 29, Saily teaches the apparatus of claim 1 and 27, wherein the frequency band is located within licensed spectrum. (i.e. the time-frequency resources are in the OFDM spectrum; see paragraph 222) Regarding claims 5, Saily teaches The apparatus of claim 1, wherein communicating with the one or more RF devices comprises at least one of reading information from the one or more RF devices or writing information to the one or more RF devices. (i.e. fig. 1 shows an NR OFDM communication network, comprising multiple types of network devices, inherent network communications comprise uplink and downlink communications, while inherent device operation including writing to or reading from device memory; see paragraphs 157, 158) (See Also; fig. 2a shows the communication types include RFID technology) Regarding claims 6, Saily teaches the apparatus of claim 1, wherein the frequency resource sets comprise at least one of bandwidth parts (BWPs), dedicated resource pools, or portions of resource pools. (i.e. the allocated frequency resources may comprise BWPs; see paragraph 222) Regarding claims 7, Saily teaches the apparatus of claim 6, wherein the BWPs are dedicated for one of sidelink communications or backscatter communications. (i.e. the allocated frequency resources may comprise BWPs which are utilized for backscatter communications; see paragraph 222) Regarding claims 8, Saily teaches the apparatus of claim 6, wherein at least one of the frequency resource sets occupies a portion of a slot. (i.e. the allocated frequency resources may comprise BWPs which by definition is a contiguous set of physical resource blocks (PRBs) on a given carrier. These RBs are selected from a contiguous subset of the common resource blocks for a given numerology. Each BWP defined for a numerology can have the following three different parameters; see paragraph 222) Regarding claims 9, Saily teaches the apparatus of claim 1, wherein the RF devices comprise RF Internet of Things (IoT) devices. (i.e. fig. 1 shows a 5G NR network with support for IoT devices; see paragraph 158) Regarding claims 10, Saily teaches the apparatus of claim 9, wherein the RF loT devices comprise at least one of the following classes of RF IoT devices: passive RF IoT devices, semi-passive RF IoT devices, or semi-active RF IoT devices. (i.e. fig. 1 shows a 5G NR network with support for IoT devices; see paragraph 158; the IoT devices may comprise passive IoT devices; see paragraphs 159, 160) Regarding claims 11, Saily teaches the apparatus of claim 10, wherein different frequency resource sets are configured for communicating with different classes of RF IoT devices. (i.e. fig, 1 shows support for a 5G NR network supporting MTC or Machine-Type Communication, which refers to data communication between devices or machines without any human involvement; see paragraph 158) Regarding claims 12, Saily teaches the apparatus of claim 11, wherein the one or more processors are further configured to execute the executable instructions and cause the reader device to determine a resource allocation method to use when communicating with the one or more RF IoT devices, based on the frequency resource set and class of the RF IoT devices. (i.e. fig. 2a shows a passive IoT device that may operate as an RFID in the 5G NR may allocate resources based upon device type and available resources; see paragraphs 160 – 162, 222) Regarding claims 16, Saily teaches the apparatus of claim 1, wherein the reader device comprises a user equipment (UE) or a network entity. (i.e. fig. 1 shows a 5G NR network comprising plurality of IOT devices, wherein one of the IoT devices may comprise an RFID reader comprising a UE or network device; see paragraphs 160 - 167) Regarding claims 17 and 30, Saily teaches an apparatus for wireless communications by a configuring device, comprising: a memory comprising executable instructions; and one or more processors configured to execute the executable instructions and cause the reader device to: (i.e. fig. 15 shows communication apparatus comprising a processor, memory and transceiver for executing programmed instructions; see paragraph 343, 344) identify frequency resource sets, within a frequency band, available for backscatter communications with radio frequency (RF) devices; (i.e. fig. 7 shows a network apparatus may identify an OFDM frequency resource for wireless communications (s210); see paragraph 219)and transmit signaling configuring a reader device with the frequency resource sets. (i.e. fig. 7 shows the apparatus may transmit the determined frequency resources to a second device (s220) to perform backscattered communications on the frequency resources; see paragraphs 220, 221) Regarding claims 18, Saily teaches the apparatus of claim 17, wherein the frequency band is located within licensed spectrum. (i.e. the time-frequency resources are in the OFDM spectrum; see paragraph 222) Regarding claims 19 Saily teaches the apparatus of claim 17, wherein the frequency resource sets comprise at least one of bandwidth parts (BWPs), dedicated resource pools, or portions of resource pools. (i.e. the allocated frequency resources may comprise BWPs; see paragraph 222) Regarding claims 20, Saily teaches the apparatus of claim 17, wherein the BWPs are dedicated for one of sidelink communications or backscatter communications. (i.e. the allocated frequency resources may comprise BWPs which are utilized for backscatter communications; see paragraph 222) Regarding claims 21, Saily teaches the apparatus of claim 19, wherein at least one of the frequency resource sets occupies a portion of a slot. (i.e. the allocated frequency resources may comprise BWPs which by definition is a contiguous set of physical resource blocks (PRBs) on a given carrier. These RBs are selected from a contiguous subset of the common resource blocks for a given numerology. Each BWP defined for a numerology can have the following three different parameters; see paragraph 222) Regarding claims 22, Saily teaches the apparatus of claim 17, wherein the RF devices comprise RF Internet of Things (IoT) devices. (i.e. fig. 1 shows a 5G NR network with support for IoT devices; see paragraph 158) Regarding claims 23, Saily teaches the apparatus of claim 22, wherein the RF loT devices comprise at least one of the following classes of RF IoT devices: passive RF IoT devices, semi-passive RF IoT devices, or semi-active RF IoT devices. (i.e. fig. 1 shows a 5G NR network with support for IoT devices; see paragraph 158; the IoT devices may comprise passive IoT devices; see paragraphs 159, 160) Regarding claims 24, Saily teaches the apparatus of claim 23, wherein different frequency resource sets are configured for communicating with different classes of RF IoT devices. (i.e. fig, 1 shows support for a 5G NR network supporting MTC or Machine-Type Communication, which refers to data communication between devices or machines without any human involvement; see paragraph 158) Regarding claims 25, Saily teaches the apparatus of claim 17, wherein the reader device comprises a user equipment (UE) or a network entity. (i.e. fig. 1 shows a 5G NR network comprising plurality of IOT devices, wherein one of the IoT devices may comprise an RFID reader comprising a UE or network device; see paragraphs 160 - 167) Regarding claims 26, Saily teaches the apparatus of claim 17, wherein the reader device comprises a user equipment (UE) or a network entity. (i.e. fig. 1 shows a 5G NR network comprising plurality of IOT devices, wherein one of the IoT devices may comprise an RFID reader comprising a UE or network device; see paragraphs 160 - 167) Allowable Subject Matter Claim 13 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. Claim 14 objected to as being dependent upon an objected claim that would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Claim 15 objected to as being dependent upon an objected claim that would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT J LOPATA whose telephone number is (571)270-5158. The examiner can normally be reached Mon-Fri 10-7 EST. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sujoy Kundu can be reached at (571)272-8586. 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. ROBERT J. LOPATA Primary Examiner Art Unit 2471 /ROBERT J LOPATA/ September 22, 2026Primary Examiner, Art Unit 2471
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Prosecution Timeline

Oct 15, 2024
Application Filed
Sep 24, 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

1-2
Expected OA Rounds
90%
Grant Probability
91%
With Interview (+1.9%)
2y 3m (~4m remaining)
Median Time to Grant
Low
PTA Risk
Based on 980 resolved cases by this examiner. Grant probability derived from career allowance rate.

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