Prosecution Insights
Last updated: October 01, 2026
Application No. 18/894,581

METHOD AND DEVICE FOR WIRELESS COMMUNICATION

Non-Final OA §102§103
Filed
Sep 24, 2024
Priority
Apr 02, 2022 — continuation of PCTCN2022085050
Examiner
SWEET, LONNIE V
Art Unit
Tech Center
Assignee
Guangdong OPPO Mobile Telecommunications Corp., Ltd.
OA Round
1 (Non-Final)
86%
Grant Probability
Favorable
1-2
OA Rounds
11m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 86% — above average
86%
Career Allowance Rate
652 granted / 756 resolved
+26.2% vs TC avg
Moderate +15% lift
Without
With
+14.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
15 currently pending
Career history
767
Total Applications
across all art units

Statute-Specific Performance

§101
7.2%
-32.8% vs TC avg
§103
54.6%
+14.6% vs TC avg
§102
17.8%
-22.2% vs TC avg
§112
10.7%
-29.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 756 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. Claim(s) 1-2, 8-9 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by KIM et al US 2020/0169318 (hereinafter KIM). Regarding claim 1, KIM teaches a method for wireless communication, comprising: transmitting, by a first communication device, a backscatter signal; ([KIM, Fig. 3, and Fig. 4, Step S313, ¶80] The IoT device 300a (interpreted as the claimed “first communication device”) transmits a backscatter signal shown as the dashed directional lines of Backscatter communication in Fig. 3.) PNG media_image1.png 328 564 media_image1.png Greyscale wherein the first communication device obtains power through power harvesting for communication, information collection and information processing, and the first communication device supports an enhanced backscatter coverage distance capability. ([KIM, Fig. 4, Step S311, ¶30-¶32, ¶77-¶78] Device 300a performs the step of harvesting energy for cooperative/non-cooperative communication [KIM, ¶72 and ¶86], information collection through an information exchange [KIM, ¶79], and information processing via decoding the signal for information exchange for cooperative communication [KIM, ¶72].) PNG media_image2.png 536 450 media_image2.png Greyscale Regarding claim 8, KIM teaches a method for wireless communication, comprising: receiving, by a second communication device, a backscatter signal transmitted by a first communication device; ([KIM, Fig. 3, and Fig. 4, Step S313, ¶80] The H-AP 200 (interpreted as the claimed “second communication device”) receives a backscatter signal, shown as the dashed directional lines of Backscatter communication in Fig. 3, which is transmitted by IoT device 300a (interpreted as the claimed “first communication device”).) PNG media_image1.png 328 564 media_image1.png Greyscale wherein the first communication device obtains power through power harvesting for communication, information collection and information processing, and the first communication device supports an enhanced backscatter coverage distance capability. ([KIM, Fig. 4, Step S311, ¶30-¶32, ¶77-¶78] Device 300a performs the step of harvesting energy for cooperative/non-cooperative communication [KIM, ¶72 and ¶86], information collection through an information exchange [KIM, ¶79], and information processing via decoding the signal for information exchange for cooperative communication [KIM, ¶72], and the IoT device 300a supports an enhanced backscatter coverage distance capability in the form of supporting long range backscatter communication capability [KIM, ¶80].) PNG media_image2.png 536 450 media_image2.png Greyscale Regarding claim 2, KIM teaches the method according to claim 1, wherein that the first communication device supports the enhanced backscatter coverage distance capability is determined based on at least one of following: a sensitivity of a receiver of a second communication device, a receive antenna gain of the second communication device, a transmit power of a carrier signal of a third communication device, a transmit antenna gain of the third communication device, location information of the third communication device, angle information of a scanning antenna of the third communication device, an operating frequency of a carrier signal of the third communication device, an operating frequency of the backscatter signal, a frequency shifting capability supported by the first communication device, or a reflection capability of the first communication device; wherein a receiving terminal of the backscatter signal is the second communication device, and a power supply signal and/or trigger signal corresponding to the backscatter signal are transmitted by the third communication device. ([KIM, Fig. 3, ¶29-31, ¶57-¶59 and ¶80] The device 300a supports long-range backscatter communication, which is interpreted as the claimed enhanced backscatter coverage distance capability, determined based on transmit power of a unmodulated carrier signal of the WiFi Node 100 (serving as the claimed third communication device) that is able to be harvested by the IoT device 300a. The receiving terminal (H-AP 200 of Fig. 3 of KIM) is a second communication device and a power supply signal (unmodulated carrier signal) corresponding to the backscatter signal is transmitted by the third communication device (LP access point 100).) PNG media_image1.png 328 564 media_image1.png Greyscale Regarding claim 9, KIM teaches the method according to claim 8, wherein that the first communication device supports the enhanced backscatter coverage distance capability is determined based on at least one of following: a sensitivity of a receiver of the second communication device, a receive antenna gain of the second communication device, a transmit power of a carrier signal of a third communication device, a transmit antenna gain of the third communication device, location information of the third communication device, angle information of a scanning antenna of the third communication device, an operating frequency of a carrier signal of the third communication device, an operating frequency of the backscatter signal, a frequency shifting capability supported by the first communication device, or a reflection capability of the first communication device; wherein a power supply signal and/or trigger signal corresponding to the backscatter signal are transmitted by the third communication device. ([KIM, Fig. 3, ¶29-31, ¶57-¶59 and ¶80] The device 300a supports long-range backscatter communication, which is interpreted as the claimed enhanced backscatter coverage distance capability, determined based on transmit power of a unmodulated carrier signal of the WiFi Node 100 (serving as the claimed third communication device) that is able to be harvested by the IoT device 300a. The receiving terminal (H-AP 200 of Fig. 3 of KIM) is a second communication device and a power supply signal (unmodulated carrier signal) corresponding to the backscatter signal is transmitted by the third communication device (LP access point 100).) 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. Claim(s) 3 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over KIM as applied to claims 2 and 9 above, and further in view of Fukuda US 2005/0253688 (hereinafter Fukuda). Regarding claim 3 and claim 10, KIM teaches the method according to claim 2, (See the rejection of claim 2 above) and the method of claim 9 (see the rejection of claim 9 above), But it does not teach wherein in a case where supporting of the enhanced backscatter coverage distance capability by the first communication device is determined based on at least the sensitivity of the receiver of the second communication device, the receiver of the second communication device supports an enhanced sensitivity. However, Fukuda teaches wherein in a case where supporting of the enhanced backscatter coverage distance capability by the first communication device is determined based on at least the sensitivity of the receiver of the second communication device, the receiver of the second communication device supports an enhanced sensitivity. (Fukuda teaches that the radio communication system may be configured to improve reception sensitivity to increase the communication distance of the backscatter communication capability [Fukuda, ¶2, ¶41-¶43 and ¶48].) It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine the teachings of KIM, indicating the ability to communicated backscatter transmissions at long range via a wireless network, with the teachings of Fukuda, indicating that the increased receiver sensitivity may be used to improve reception. The resulting benefit of the combination would have been the ability to reduce the effects of transmitter noise on the receiver while also preventing increase in costs [Fukuda, ¶2 and ¶58-¶59]. Claim(s) 4 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over KIM and Fukuda as applied to claims 3 and 10 above, and further in view of Adamec et al. US 2008/0106380 (hereinafter Adamec). Regarding claim 4 and claim 11, the combination of KIM, in view of Fukuda teaches the method according to claim 3 and the method of claim 10 respectively (see the rejections of claims 3 and 10 above), but it does not teach wherein the second communication device causes its receiver to support the enhanced sensitivity by reducing a reception bandwidth of the second communication device; and/or, the second communication device causes its receiver to support the enhanced sensitivity by reducing an insertion loss of a conductive circuit operating on a receive frequency band of the second communication device. However, Adamec teaches wherein the second communication device causes its receiver to support the enhanced sensitivity by reducing a reception bandwidth of the second communication device; and/or, the second communication device causes its receiver to support the enhanced sensitivity by reducing an insertion loss of a conductive circuit operating on a receive frequency band of the second communication device. ([Adamec, ¶24] The bandwidth is narrowed to increase the sensitivity of the RF receiver.) It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine the teachings of KIM, in view of Fukuda indicating the ability to communicated backscatter transmissions at long range via a wireless network, with the teachings of Adamec, indicating that the increased receiver sensitivity may be used to improve reception. The resulting benefit of the combination would have been the ability to reduce collisions [Adamec, ¶23-¶24]. Claim(s) 5 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over KIM as applied to claims 2 and 9 above, and further in view of Sabesan et al. US 2013/0201003 (hereinafter Sab). Regarding claim 5 and claim 12, KIM teaches the method according to claim 2 and the method claim 9 respectively, wherein in a case where supporting of the enhanced backscatter coverage distance capability by the first communication device is determined (The IoT device 300a and the second device 200 function in a determined configuration to communicate long range backscatter communication transmitted from the IoT device 300a to the second device 200 which receives the long-range backscatter communication and serves as the reader of the backscatter information from the IoT device 300a [KIM, Fig. 3-4]), but it does not explicitly teach wherein based on at least the receive antenna gain of the second communication device, the second communication device supports an enhanced receive antenna gain. However, Sab teaches based on at least the receive antenna gain of the second communication device, the second communication device supports an enhanced receive antenna gain. (According to Sab the receiver of the long range backscatter may have a determined configuration of a receive antenna with an applied gain which enables improved coverage for successfully receiving the backscatter signal at distance [Sab, ¶131].) It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine the teachings of KIM, indicating the ability to communicated backscatter transmissions at long range via a wireless network, with the teachings of Sab, indicating that the receiver gain may be used to support reception and offer improved coverage. The benefiting result of the combination would have been improved coverage through antenna optimization [Sab, ¶131] Claim(s) 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over KIM, in view of Saily et al. US 2024/0163840 (hereinafter Saily). Regarding claim 18, KIM teaches a first communication device, [KIM, Fig. 3, IoT Backscatter device 300a] transmitting a backscatter signal; ([KIM, Fig. 3, and Fig. 4, Step S313, ¶80] The IoT device 300a (interpreted as the claimed “first communication device”) transmits a backscatter signal shown as the dashed directional lines of Backscatter communication in Fig. 3.) PNG media_image1.png 328 564 media_image1.png Greyscale wherein the first communication device obtains power through power harvesting for communication, information collection and information processing, and the first communication device supports an enhanced backscatter coverage distance capability. ([KIM, Fig. 4, Step S311, ¶30-¶32, ¶77-¶78] Device 300a performs the step of harvesting energy for cooperative/non-cooperative communication [KIM, ¶72 and ¶86], information collection through an information exchange [KIM, ¶79], and information processing via decoding the signal for information exchange for cooperative communication [KIM, ¶72].) PNG media_image2.png 536 450 media_image2.png Greyscale While the IoT backscatter device of KIM comprises a transceiver based on the reception of the carrier signal, transmission of a backscatter signal and other information exchanges of information signals between other devices, and a decoder which operates a processor, it does not explicitly disclose the memory and computer program as claimed. However, Saily does teach that a backscatter device comprises a transceiver, a processor and a memory; ([Saily, Fig. 14] Transmitter and Receiver, Microcontroller and Memory) wherein the transceiver is configured to receive and transmit signals, the memory is configured to store a computer program, and the processor is configured to call and run the computer program stored in the memory to cause the communication device to perform the method processes [Saily, Fig. 14, ¶124] PNG media_image3.png 370 594 media_image3.png Greyscale It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine the teachings of KIM, indicating the ability to communicated backscatter transmissions at long range via a wireless network, with the teachings of Saily, indicating internal structure of the backscatter device. The benefiting result of the combination would have been create a backscatter device with readily available parts for ease of manufacturing. Regarding claim 19, the combination of KIM, in view of Saily teaches the first communication device according to claim 18, wherein that the first communication device supports the enhanced backscatter coverage distance capability is determined based on at least one of following: a sensitivity of a receiver of a second communication device, a receive antenna gain of the second communication device, a transmit power of a carrier signal of a third communication device, a transmit antenna gain of the third communication device, location information of the third communication device, angle information of a scanning antenna of the third communication device, an operating frequency of a carrier signal of the third communication device, an operating frequency of the backscatter signal, a frequency shifting capability supported by the first communication device, or a reflection capability of the first communication device; wherein a receiving terminal of the backscatter signal is the second communication device, and a power supply signal and/or trigger signal corresponding to the backscatter signal are transmitted by the third communication device. ([KIM, Fig. 3, ¶80] The receiving terminal (H-AP 200 of Fig. 3 of KIM) is a second communication device and a power supply signal (unmodulated carrier signal) corresponding to the backscatter signal is transmitted by the third communication device (LP access point 100).) PNG media_image1.png 328 564 media_image1.png Greyscale Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over KIM, in view of Saily as applied to claim 19 above, and further in view of Fukuda. Regarding claim 20, the combination of KIM, in view of Saily teaches the first communication device according to claim 19, (See the rejection of claim 19 above), But it does not teach wherein in a case where supporting of the enhanced backscatter coverage distance capability by the first communication device is determined based on at least the sensitivity of the receiver of the second communication device, the receiver of the second communication device supports an enhanced sensitivity. However, Fukuda teaches wherein in a case where supporting of the enhanced backscatter coverage distance capability by the first communication device is determined based on at least the sensitivity of the receiver of the second communication device, the receiver of the second communication device supports an enhanced sensitivity. (Fukuda teaches that the radio communication system may be configured to improve reception sensitivity to increase the communication distance of the backscatter communication capability [Fukuda, ¶2, ¶41-¶43 and ¶48].) It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine the teachings of KIM, in view of Saily indicating the ability to communicated backscatter transmissions at long range via a wireless network, with the teachings of Fukuda, indicating that the increased receiver sensitivity may be used to improve reception. The resulting benefit of the combination would have been the ability to reduce the effects of transmitter noise on the receiver while also preventing increase in costs [Fukuda, ¶2 and ¶58-¶59]. Allowable Subject Matter Claim 6-7 and 13-17 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The following is a statement of reasons for the indication of allowable subject matter: The Examiner has conducted an updated search of the available Patent and Non-Patent Literature and was unable to find any prior art which teaches either solely or in combination with another reference the claim features of: with respect to claim 6) “The method according to claim 2, wherein in a case where supporting of the enhanced backscatter coverage distance capability by the first communication device is determined based on at least the transmit antenna gain of the third communication device, the third communication device supports an enhanced transmit antenna gain; wherein the transmit antenna gain comprises a diversity gain or a beamforming gain.”, with respect to claim 7) “The method according to claim 2, wherein in a case where supporting of the enhanced backscatter coverage distance capability by the first communication device is determined based on at least the location information of the third communication device, a distance between the third communication device and the first communication device is less than or equal to a first preset value.”, with respect to claim 13) “The method according to claim 9, wherein in a case where supporting of the enhanced backscatter coverage distance capability by the first communication device is determined based on at least the transmit antenna gain of the third communication device, the third communication device supports an enhanced transmit antenna gain; wherein the transmit antenna gain comprises a diversity gain or a beamforming gain.”, with respect to claim 14) “The method according to claim 9, wherein in a case where supporting of the enhanced backscatter coverage distance capability by the first communication device is determined based on at least the location information of the third communication device, a distance between the third communication device and the first communication device is less than or equal to a first preset value.” and claim 15) “The method according to claim 9, wherein in a case where supporting of the enhanced backscatter coverage distance capability by the first communication device is determined based on at least the frequency shift capability supported by the first communication device, the frequency shift capability supported by the first communication device comprises increasing or decreasing a frequency with a first frequency modulation interval, or the frequency shift capability supported by the first communication device comprises increasing or decreasing a frequency with a plurality of frequency modulation intervals.” Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to LONNIE V SWEET whose telephone number is (571)270-3622. The examiner can normally be reached Monday-Friday. 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, Hassan Phillips can be reached at 571-272-3940. 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. /LONNIE V SWEET/Primary Examiner, Art Unit 2467
Read full office action

Prosecution Timeline

Sep 24, 2024
Application Filed
Sep 18, 2026
Non-Final Rejection mailed — §102, §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12750843
METHODS, COMMUNICATIONS DEVICE AND INFRASTRUCTURE EQUIPMENT FOR A NON-TERRESTRIAL NETWORK
3y 3m to grant Granted Sep 29, 2026
Patent 12750761
ORBIT-AWARE ROUTING
3y 0m to grant Granted Sep 29, 2026
Patent 12739085
ENHANCED CHANNEL SOUNDING REPORTS FOR WLAN SYSTEMS
2y 9m to grant Granted Sep 15, 2026
Patent 12732887
COMMUNICATION RANGE ENHANCEMENT METHOD
2y 8m to grant Granted Sep 08, 2026
Patent 12726920
METHOD AND APPARATUS FOR SIDELINK SYNCHRONIZATION
2y 9m to grant Granted Sep 01, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

1-2
Expected OA Rounds
86%
Grant Probability
99%
With Interview (+14.8%)
2y 11m (~11m remaining)
Median Time to Grant
Low
PTA Risk
Based on 756 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month