Prosecution Insights
Last updated: August 17, 2026
Application No. 19/094,464

SIGNAL MASKING FOR SECURE BACKSCATTERED COMMUNICATION

Non-Final OA §103§112§DP
Filed
Mar 28, 2025
Priority
Apr 19, 2023 — continuation of 12/284,028
Examiner
SINGH, AMNEET
Art Unit
Tech Center
Assignee
Microsoft Technology Licensing, LLC
OA Round
1 (Non-Final)
80%
Grant Probability
Favorable
1-2
OA Rounds
9m
Est. Remaining
87%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allowance Rate
253 granted / 318 resolved
+19.6% vs TC avg
Moderate +7% lift
Without
With
+7.3%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 1m
Avg Prosecution
14 currently pending
Career history
338
Total Applications
across all art units

Statute-Specific Performance

§101
3.2%
-36.8% vs TC avg
§103
59.8%
+19.8% vs TC avg
§102
11.6%
-28.4% vs TC avg
§112
20.4%
-19.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 318 resolved cases

Office Action

§103 §112 §DP
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 . Oath/Declaration The Oath/Declaration filed on 03/28/2025 is hereby acknowledged. Drawings The drawings were received on 03/28/2025. These drawings are acceptable. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claim 17 and 18 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 17 and 18 recites the limitation "the optical masking signal" in line 1, respectively. There is insufficient antecedent basis for this limitation in the claim. It appears, based on the claim tree, that the limitation "the optical masking signal" should read as “the vibrational masking signal” for establishing antecedent basis to claim 10, upon which claim 17 and 18 depends on, where the limitation “a vibrational masking signal” is first recited. Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of 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. Claims 1, 2, 4, 5, 7, 8, 10, 11, 13, 14, 16, 17 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Rekhi et al. (US 20220385375 A1) in view of Lees (US 20100026494 A1). Regarding Claim 1, Rekhi et al. discloses; A radio frequency (RF) device (Fig. 2: Tag), comprising: a primary RF signal receiver (Fig. 2: “RF antenna 264” chain performs transceiver function, i.e. receives and transmits signals) configured to receive a RF carrier signal sent from a base station (Para. [0033]: “configured to receive the RF signals transmitted by the reader 110” ); a secondary signal receiver (Fig. 7C: Photodiode 722) configured to receive an optical masking signal from the base station (Fig.7A, 7C, Para. [0010], Para. [0064]: “an optical emitter configured to transmit an optical signal towards a tag” and “the tag 712B receives (e.g., detects) the optical signal, the optical signal (which changes the properties of the photodiode 722) modulates the RF signal received at the tag”); …generate a response signal based at least on the RF carrier signal (Fig. 1, Para. [0064]: “first RF sideband at 145 MHz”. That is, generates a sideband signal [response signal] base on “the radio frequency (RF) signal”) and generate a mixed signal by mixing the response signal and the optical masking signal (Fig. 7A, Para. [0064]: “the reradiated RF return signal [mixed signal] will be centered at 145 MHz (fRF) and include a first RF sideband at 145 MHz [response signal] plus the frequency of the modulation of the optical signal (fmod) [optical masking signal] and a second RF sideband at 145 MHz minus the frequency of the modulation of the optical signal (fmod)” [optical masking signal]); and a transmitter (Fig. 7B, [0064], [0071]: “the tag 712B includes a passive network 740 that consists of matching circuitry 724A-B and additional passive circuitry 725”) configured to broadcast the mixed signal (Para. [0064]: “When the tag 712B receives (e.g., detects) the optical signal, the optical signal (which changes the properties of the photodiode 722) modulates the RF signal received at the tag, such that the reradiated RF return signal 719 [mixed signal] carries the modulation caused by the optical signal”), via backscattering, as a masked backscattered signal (Para. [0074]: “the backscatter efficiency, n.sub.bs, of the tag 712B, the backscatter efficiency may be maximized (in order to maximize the amount of the received RF signal that is reradiated in the sidebands of the transmitted RF return signal) when the photodiode 722 is impedance-matched to the antenna 730 at the RF frequency of operation, fRF”. That is, reradiated RF return signal is a masked backscattered signal). Rekhi et al. does not explicitly teach that the “modulation” performed to generate “the reradiated signal” using the optical masking signal (fmod), as addressed above, is done by: “a signal mixer”. On the other hand, Lees teaches (Para. [0078]) pseudo-random noise sub-carrier is modulated onto the interrogation signal…to produce a modulated backscatter output signal” via: “a signal mixer” (Para. [0078]: “via a modulator”). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention that the modulation of “first sideband at fRF [response signal] plus the frequency of the ultrasound signal (fUS) [masking signal] and a second sideband at fRF minus the frequency of the ultrasound signal (fUS) “the first RF sideband at 145 MHz [response signal] plus the frequency of the modulation of the optical signal (fmod) [optical masking signal] and a second RF sideband at 145 MHz minus the frequency of the modulation of the optical signal (fmod)” [optical masking signal])”’ generating the reradiated signal is a masked backscattered signal in Rekhi et al.’s invention can be implemented using a signal modulator/mixer as taught by Lees, where doing so would (Lees, Abstract) make “fraudulently obtaining details contained in the tag transmission more difficult.” Regarding Claim 10, Rekhi et al. discloses; A radio frequency (RF) device (Fig. 2, 3: Tag), comprising: a primary RF signal receiver (Fig. 2, 3: “RF antenna 264”/“RF antenna 310” chain performs transceiver function, i.e. receives and transmits signals) configured to receive a RF carrier signal sent from a base station (Para. [0033]: “configured to receive the RF signals transmitted by the reader 110” ); a secondary signal receiver (Fig. 2, 3: ultrasonic transducer 266/302) configured to receive a vibrational masking signal from the base station (Fig. 1, Para. [0028]: “an ultrasound signal (or more simply ultrasound) 117 [vibrational masking signal]”; Para. [0033]: “configured to receive the ultrasound signal [vibrational masking signal] transmitted by the reader”; Para. [0041]: “To generate an ultrasonic wave, an AC electrical signal combined with a DC voltage can be applied to cause the CMUT's membrane to vibrate”)); …generate a response signal based at least on the RF carrier signal (Fig. 1, Para. [0028]: “first RF sideband at 145 MHz”. That is, generates a sideband signal [response signal] base on “the radio frequency (RF) signal”) and generate a mixed signal by mixing the response signal and the masking signal (Para. [0036]: “The reradiated return signal 212C is centered at f.sub.RF with a first sideband at f.sub.RF [response signal] plus the frequency of the ultrasound signal (f.sub.US) [masking signal] and a second sideband at f.sub.RF minus the frequency of the ultrasound signal (f.sub.US)”. That is, the reradiated return signal 212C is generated based on the first sideband at f.sub.RF [response signal] and ultrasound signal (f.sub.US) [masking signal]); and a transmitter configured to broadcast the mixed signal (Fig. [0033]: “an RF antenna 264 configured to receive the RF signals transmitted by the reader 110 and to reradiate the RF return signals toward the reader… passive circuitry 262 (labeled “Passive Network”) configured to passively convert the variation of the ultrasound transducer due to incident ultrasound into a modulation of the reradiated RF signal”. That is, RF antenna 264 and the passive Network 262 performs the function of a transmitter or includes a transmitter chain), via backscattering, as a masked backscattered signal (Para. [0036]: “The power in each sideband is equal to the available RF power at the tag multiplied by the backscatter efficiency, n.sub.bs. The reradiated signal represents a modified version of the RF signal received by the tag”. That is, reradiated signal is a masked backscattered signal). Rekhi et al. does not explicitly teach that the “modulation” performed to generate “the reradiated signal”, as addressed above, is done by: “a signal mixer”. On the other hand, Lees teaches (Para. [0078]) pseudo-random noise sub-carrier is modulated onto the interrogation signal…to produce a modulated backscatter output signal” via: “a signal mixer” (Para. [0078]: “via a modulator”). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention that the modulation of “first sideband at f.sub.RF [response signal] plus the frequency of the ultrasound signal (f.sub.US) [masking signal] and a second sideband at f.sub.RF minus the frequency of the ultrasound signal (f.sub.US)”’ generating the reradiated signal is a masked backscattered signal in Rekhi et al.’s invention can be implemented using a modulator as taught by Lees, where doing so would (Lees, Abstract) make “fraudulently obtaining details contained in the tag transmission more difficult.” Regarding Claim 2 and 11, Rekhi et al. in view of Lees discloses all as applied to claim 1 and 10 above, where Rekhi et al. further teaches; further comprising: a sensor (Fig. 7B: passive network 740) configured to sense a signal (Para. [0071]: “passive network 740 that consists of matching circuitry 724A-B and additional passive circuitry 725, which together match the impedance of the photodiode to that of the antenna at fRF [sense a signal]), and…to generate the response signal based at least on the sensed signal (Para. [0073]: “In the frequency domain, this modulation caused in part by the photodiode appears as a first sideband [response signal] at the RF center frequency (f RF) plus the optical modulation frequency (fmod) and a second sideband [response signal] at the RF center frequency (fRF) minus the optical modulation frequency (fmod)”). Rekhi et al. does not explicitly teach that the “modulation” performed to generate “the reradiated signal” using the respond signal that is based on the sensed signal, as addressed above, is generated by: “the signal mixer”. On the other hand, Lees teaches (Para. [0078]) pseudo-random noise sub-carrier is modulated onto the interrogation signal…to produce a modulated backscatter output signal” via: “the signal mixer” (Para. [0078]: “via a modulator”). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention that the response signal generated based on the fRF [the sensed signal] in Rekhi et al.’s invention can be implemented using the signal modulator/mixer as taught by Lees, where doing so would (Lees, Abstract) make “fraudulently obtaining details contained in the tag transmission more difficult.” Regarding Claim 4 and 13, Rekhi et al. in view of Lees discloses all as applied to claim 2 and 11 above, where Rekhi et al. further teaches; wherein the sensed signal is a resistive or capacitive signal (Para. [0005]: “The ultrasonic transducer may include a piezoelectric transducer or a capacitive transducer [for producing a sensed capacitive signal]. The ultrasonic transducer may include a capacitive micromachined ultrasonic transducer [for producing a sensed capacitive signal]”). Regarding Claim 5 and 14, Rekhi et al. in view of Lees discloses all as applied to claim 1 and 10 and above, where Rekhi et al. further teaches; wherein the RF device and the base station are positioned on a shared substrate (Para. [0082]: “a room”), and wherein the optical [or vibrational] masking signal is transmitted through the shared substrate (Fig. 1, 7A: the reader and tag are located in a room where the optical or vibrational masking signal is transmitted in the room). Regarding Claim 7 and 16, Rekhi et al. in view of Lees discloses all as applied to claim 1 above, where Rekhi et al. further teaches; wherein a shape of a noise profile of the optical [or vibration] masking signal is based at least on a frequency or temporal characteristic of the response signal (Fig, 1, 3, Para. [0028]: “the radio frequency (RF) signal 115 is centered at 145 MHz (f.sub.RF), the reradiated RF return signal will be centered at 145 MHz (f.sub.RF) and include a first RF sideband at 145 MHz plus the frequency of the ultrasound (f.sub.US) and a second RF sideband at 145 MHz minus the frequency of the ultrasound (f.sub.US)”. That is the shape of either the ultrasound or optical signal is based on the frequency of the “first RF sideband at 145 MHz”). Regarding Claim 8 and 17, Rekhi et al. in view of Lees discloses all as applied to claim 1 and 10 above, where Rekhi et al. further teaches; wherein the optical masking signal is configured to obfuscate a part of interest of the response signal (Fig, 1, 3, Para. [0028]: “the radio frequency (RF) signal 115 is centered at 145 MHz (f.sub.RF), the reradiated RF return signal will be centered at 145 MHz (f.sub.RF) and include a first RF sideband at 145 MHz plus the frequency of the ultrasound (f.sub.US) and a second RF sideband at 145 MHz minus the frequency of the ultrasound (f.sub.US)”. That is, the ultrasound or optical signal obfuscate the “first RF sideband at 145 MHz”). Regarding Claim 19, Rekhi et al. discloses; A method comprising: receiving, via a primary RF signal receiver of an RF device (Fig. 2: “RF antenna 264” chain, of a tag, performs transceiver function, i.e. receives and transmits signals), a RF carrier signal sent from a base station (Para. [0033]: “configured to receive the RF signals transmitted by the reader 110” ); receiving, via a secondary signal receiver of the RF device (Fig. 7C: Photodiode 722 at a tag), an optical masking signal from the base station (Fig.7A, 7C, Para. [0010], Para. [0064]: “an optical emitter configured to transmit an optical signal towards a tag” and “the tag 712B receives (e.g., detects) the optical signal, the optical signal (which changes the properties of the photodiode 722) modulates the RF signal received at the tag”); generating…a response signal based at least on the RF carrier signal (Fig. 1, Para. [0064]: “first RF sideband at 145 MHz”. That is, generates a sideband signal [response signal] base on “the radio frequency (RF) signal”); generating…a mixed signal by mixing the response signal and the masking signal (Fig. 7A, Para. [0064]: “the reradiated RF return signal [mixed signal] will be centered at 145 MHz (fRF) and include a first RF sideband at 145 MHz [response signal] plus the frequency of the modulation of the optical signal (fmod) [optical masking signal] and a second RF sideband at 145 MHz minus the frequency of the modulation of the optical signal (fmod)” [optical masking signal]); and broadcasting the mixed signal via a transmitter of the RF device (Fig. 7B, [0064], [0071]: “the tag 712B includes a passive network 740 that consists of matching circuitry 724A-B and additional passive circuitry 725”…“When the tag 712B receives (e.g., detects) the optical signal, the optical signal (which changes the properties of the photodiode 722) modulates the RF signal received at the tag, such that the reradiated RF return signal 719 [mixed signal] carries the modulation caused by the optical signal”),), via backscattering, as a masked backscattered signal (Para. [0074]: “the backscatter efficiency, n.sub.bs, of the tag 712B, the backscatter efficiency may be maximized (in order to maximize the amount of the received RF signal that is reradiated in the sidebands of the transmitted RF return signal) when the photodiode 722 is impedance-matched to the antenna 730 at the RF frequency of operation, fRF”. That is, reradiated RF return signal is a masked backscattered signal). Rekhi et al. does not explicitly teach that the “modulation” performed to generate “the reradiated signal” using the optical masking signal (fmod), as addressed above, is done by: “a signal mixer”. On the other hand, Lees teaches (Para. [0078]) pseudo-random noise sub-carrier is modulated onto the interrogation signal…to produce a modulated backscatter output signal” via: “a signal mixer” (Para. [0078]: “via a modulator”). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention that the modulation of “first sideband at fRF [response signal] plus the frequency of the ultrasound signal (fUS) [masking signal] and a second sideband at fRF minus the frequency of the ultrasound signal (fUS) “the first RF sideband at 145 MHz [response signal] plus the frequency of the modulation of the optical signal (fmod) [optical masking signal] and a second RF sideband at 145 MHz minus the frequency of the modulation of the optical signal (fmod)” [optical masking signal])”’ generating the reradiated signal is a masked backscattered signal in Rekhi et al.’s invention can be implemented using a signal modulator/mixer as taught by Lees, where doing so would (Lees, Abstract) make “fraudulently obtaining details contained in the tag transmission more difficult.” Claims 3 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Rekhi et al. (US 20220385375 A1) in view of Lees (US 20100026494 A1) further in view of CHARTHAD et al. (US 20220131424 A1). Regarding Claim 3 and 12, Rekhi et al. in view of Lees discloses all as applied to claim 2 and 11 above, however they do not teach; wherein the sensed signal is an audio signal. On the other hand, CHARTHAD et al. teaches: wherein the sensed signal is an audio signal (Para. [0170], [0229]: “an interrogation signal may be generated using one or more of mechanical waves (e.g., ultrasonic, acoustic [an audio signal], vibrational), magnetic fields (e.g., inductive), electric fields (e.g., capacitive), electromagnetic waves (e.g., RF, optical), galvanic coupling, surface waves, and the like.” “the interrogation signal may comprise an RF or magnetic signal while the feedback signal may comprise an ultrasonic or acoustic signal, or vice versa”; Para. [0208]: “the first device (e.g., IMD) may comprise at least one ultrasound transducer”; Para. [0234]: “the interrogation signal may comprise a frequency equal to an open-circuit resonance frequency (fOC) of an ultrasound transducer of the first device”. In summary, the a device includes a ultrasound transducer that generates a sensed signal from an interrogation signal such as an acoustic [audio] signal). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention that the transducer 266 of the tag generating the sensed signal in Rekhi et al. in view of Lees’s invention can be based on an acoustic [audio] signal as taught by CHARTHAD et al., where doing so would (CHARTHAD et al., Para. [0003]) help in “establishing and maintaining a robust and reliable link” between devices. Claims 6, 15 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Rekhi et al. (US 20220385375 A1) in view of Lees (US 20100026494 A1) further in view of Wang et al. (US 20230291535 A1). Regarding Claim 6, 15 and 20, Rekhi et al. in view of Lees discloses all as applied to claim 1, 10 and 19 above, however they do not teach; further comprising: an energy harvester configured to harvest energy from the RF carrier signal, wherein the harvested energy is supplied to the transmitter to broadcast the masked backscattered signal. On the other hand, in the same field of endeavor (Communication with a RF tag) Wang et al. discloses an RF tag comprising: an energy harvester (Fig. 5, 6: Power Harvesting 606) configured to harvest energy from the RF carrier signal (Para. [0083]: “the RFID tag 502 may harvest the received energy 510 to perform an operation during communication occasions or may harvest the received energy 510 to charge an associated battery”), wherein the harvested energy is supplied to the transmitter to broadcast the masked backscattered signal (Para. [0083]: “Passive RFID tags may harvest the received energy 510 over-the-air in order to power Tx/Rx circuitry at the RFID tag 502. The energy transfer signal 506 transmitted to the RFID tag 502 may trigger the backscattered modulated information signal 508 from the RFID tag 502”). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention that the passive RF tag 112 in Rekhi et al. in view of Lees’s invention can further include an energy harvester as taught by Wang et al. for providing power/energy to broadcast the reradiated signal is a masked backscattered signal, where doing so would (Wang et al. Para. [0083]) allow “the RFID reader 504 and the RFID tag 502 may communicate at longer physical distances.” Claims 9 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Rekhi et al. (US 20220385375 A1) in view of Lees (US 20100026494 A1) further in view of PYEON (US 20090198857 A1). Regarding Claim 9 and 18, Rekhi et al. in view of Lees discloses all as applied to claim 1 and 10 above, however they do not teach; wherein the optical masking signal encodes an individualized identifier associated with the RF device. On the other hand, PYEON teaches: wherein the optical masking signal encodes an individualized identifier associated with the RF device (Abstract, Para. [0016]: an ID match decoder for logically combining the mask code, the Target ID number and the device ID for providing a match signal when the device ID number is encoded in the mask code. The Target ID number is one of the subset of device ID numbers). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention that the optical masking signal in Rekhi et al. in view of Lees’s invention can be encoded with device ID as taught by PYEON, where (PYEON, Para. [0092]) “power consumption can be reduced” by doing so. Double Patenting The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. Claim 1-20 is rejected on the ground of nonstatutory double patenting as being unpatentable over 1-10, 12 and 17 of Patent No. US 12284028 B2 in view of Rekhi et al. (US 20220385375 A1). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims in the instant application and the patents are substantially identical in structural and functional characteristics and/or broader versions of each other, as it can be seen in the table below. The following table illustrates a mapping of the conflicting claim pairs: Instant Applicant 1 1+6 2 3 4 5 6 7 8 9 10 10+15 11 12 13 14 15 16 17 18 19 20 Pat# US 12284028 B2 1 17 2 3 4 5 6 7 8 9 1 17 2 3 4 5 6 7 8 9 10 12 The following table illustrates a limitation mapping of the limitations of claim 1, 1+6, 10, 10+15 and 19 of the instant application compared against the limitations of claim 1, 10 and 17 of Patent No. US 12284028 B2. Instant Application U.S. Patent No. US 12284028 B2 1. A radio frequency (RF) device, comprising: a primary RF signal receiver configured to receive a RF carrier signal sent from a base station; a secondary signal receiver configured to receive an optical masking signal from the base station; a signal mixer configured to generate a response signal based at least on the RF carrier signal and generate a mixed signal by mixing the response signal and the optical masking signal; and a transmitter configured to broadcast the mixed signal, via backscattering, as a masked backscattered signal. 1. A radio frequency (RF) device, comprising: a primary RF signal receiver configured to receive a RF carrier signal sent from a base station; a secondary signal receiver configured to receive a masking audio signal from the base station; a signal mixer configured to generate a response signal based at least on the RF carrier signal and generate a mixed signal by mixing the response signal and the masking audio signal; and a transmitter configured to broadcast the mixed signal, via backscattering, as a masked backscattered signal. 10. A radio frequency (RF) device, comprising: a primary RF signal receiver configured to receive a RF carrier signal sent from a base station; a secondary signal receiver configured to receive a vibrational masking signal from the base station; a signal mixer configured to generate a response signal based at least on the RF carrier signal and generate a mixed signal by mixing the response signal and the vibrational masking signal; and a transmitter configured to broadcast the mixed signal, via backscattering, as a masked backscattered signal. 1. A radio frequency (RF) device, comprising: a primary RF signal receiver configured to receive a RF carrier signal sent from a base station; a secondary signal receiver configured to receive a masking audio signal from the base station; a signal mixer configured to generate a response signal based at least on the RF carrier signal and generate a mixed signal by mixing the response signal and the masking audio signal; and a transmitter configured to broadcast the mixed signal, via backscattering, as a masked backscattered signal. 19. A method comprising: receiving, via a primary RF signal receiver of an RF device, a RF carrier signal sent from a base station; receiving, via a secondary signal receiver of the RF device, an optical masking signal from the base station; generating, via a signal mixer of the RF device, a response signal based at least on the RF carrier signal; generating, via the signal mixer of the RF device, a mixed signal by mixing the response signal and the optical masking signal; and broadcasting the mixed signal via a transmitter of the RF device, via backscattering, as a masked backscattered signal. 10. A method comprising: receiving, via a primary RF signal receiver of an RF device, a RF carrier signal sent from a base station; receiving, via a secondary signal receiver of the RF device, a masking audio signal from the base station; generating, via a signal mixer of the RF device, a response signal based at least on the RF carrier signal; generating, via the signal mixer of the RF device, a mixed signal by mixing the response signal and the masking audio signal; and broadcasting the mixed signal via a transmitter of the RF device, via backscattering, as a masked backscattered signal. 1. A radio frequency (RF) device, comprising: a primary RF signal receiver configured to receive a RF carrier signal sent from a base station; a secondary signal receiver configured to receive an optical masking signal from the base station; a signal mixer configured to generate a response signal based at least on the RF carrier signal and generate a mixed signal by mixing the response signal and the optical masking signal; and a transmitter configured to broadcast the mixed signal, via backscattering, as a masked backscattered signal. 6. The RF device of claim 1, further comprising: an energy harvester configured to harvest energy from the RF carrier signal, wherein the harvested energy is supplied to the transmitter to broadcast the masked backscattered signal. 17. A battery-free RF device, comprising: a primary RF signal receiver configured to receive a RF carrier signal sent from a base station positioned on a shared substrate with the battery-free RF device; an energy harvester configured to harvest energy from the RF carrier signal; a secondary signal receiver configured to receive a masking audio signal from the base station through the shared substrate; a signal mixer configured to generate a response signal based at least on the RF carrier signal and generate a mixed signal by mixing the response signal and the masking audio signal; and a transmitter configured to broadcast the mixed signal, via backscattering, as a masked backscattered signal using the energy harvested from the RF carrier signal. 10. A radio frequency (RF) device, comprising: a primary RF signal receiver configured to receive a RF carrier signal sent from a base station; a secondary signal receiver configured to receive a vibrational masking signal from the base station; a signal mixer configured to generate a response signal based at least on the RF carrier signal and generate a mixed signal by mixing the response signal and the vibrational masking signal; and a transmitter configured to broadcast the mixed signal, via backscattering, as a masked backscattered signal. 15. The RF device of claim 10, further comprising: an energy harvester configured to harvest energy from the RF carrier signal, wherein the harvested energy is supplied to the transmitter to broadcast the masked backscattered signal. 17. A battery-free RF device, comprising: a primary RF signal receiver configured to receive a RF carrier signal sent from a base station positioned on a shared substrate with the battery-free RF device; an energy harvester configured to harvest energy from the RF carrier signal; a secondary signal receiver configured to receive a masking audio signal from the base station through the shared substrate; a signal mixer configured to generate a response signal based at least on the RF carrier signal and generate a mixed signal by mixing the response signal and the masking audio signal; and a transmitter configured to broadcast the mixed signal, via backscattering, as a masked backscattered signal using the energy harvested from the RF carrier signal. The present applications claim 1, 10 and 19 differs from the patent claims in that the present applications claim 1, 10 and 19 recite the use of “an optical masking signal” or “a vibrational masking signal” instead of a “masking audio signal” as the patent claim 1, 10 and 17 recites. On the other hand, Rekhi et al. discloses using as a masking signal: “an optical masking signal (Fig.7A, 7C, Para. [0010], Para. [0064]: “an optical emitter configured to transmit an optical signal towards a tag” and “the tag 712B receives (e.g., detects) the optical signal, the optical signal (which changes the properties of the photodiode 722) modulates the RF signal received at the tag”)” or “a vibrational masking signal(Fig. 1, Para. [0028]: “an ultrasound signal (or more simply ultrasound) 117 [vibrational masking signal]”; Para. [0033]: “configured to receive the ultrasound signal [vibrational masking signal] transmitted by the reader”; Para. [0041]: “To generate an ultrasonic wave, an AC electrical signal combined with a DC voltage can be applied to cause the CMUT's membrane to vibrate”)).” Therefore, it would have been obvious to one skilled in the art at the time of effectively filing of the claimed invention that a masking signal such as the masking audio signal in the patent invention can be implemented using “an optical masking signal” or “a vibrational masking signal” as taught by Rekhi et al., where doing so would allow (Rekhi et al., Para. [0003], [0036]) for ”detection and localization of tags” with improved “backscatter efficiency.” Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMNEET SINGH whose telephone number is (571)272-2414. The examiner can normally be reached 9:30am to 5:30pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sam K Ahn can be reached on 5712723044. 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. /AMNEET SINGH/Examiner, Art Unit 2633 /SAM K AHN/Supervisory Patent Examiner, Art Unit 2633
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Prosecution Timeline

Mar 28, 2025
Application Filed
Jul 15, 2026
Non-Final Rejection mailed — §103, §112, §DP (current)

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Prosecution Projections

1-2
Expected OA Rounds
80%
Grant Probability
87%
With Interview (+7.3%)
2y 1m (~9m remaining)
Median Time to Grant
Low
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