DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/29/2025 has been entered.
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 .
Response to Arguments
Applicant's arguments filed 12/29/2025 have been fully considered but they are not persuasive. Regarding claims 1, 10, 25, and 30, applicant argues that McMenamy et al in combination with Dai et al and MacMullen et al do not disclose in accordance with the capability message and an activity status of the RIS indicating that the RIS is not scheduled to assist in one or more communications, the one or more configurable elements of the RIS to direct, while the RIS is not scheduled to assist in the one or more communications, a first signal associated with a first frequency band of the one or more frequency bands to a first preconfigured direction of the one or more preconfigured directions. However, the examiner respectfully disagrees. Dai et al teach the RIS is configured/controlled to direct a first signal associated with a first frequency band to a first preconfigured direction at step 716 by reflecting the received signal towards the direction of the other node, e.g. UE 704, when it is detected that the RIS status is in an idle or inactive mode at step 714 which inherently mean that the RIS is not scheduled to assist in the one or more communications since it is in low power mode and is not actively engaging in transmitting or receiving communication signals or assisting in one or more communications with the other nodes, wherein when the controller detect this current inactive status/capability of the RIS, it then activate or schedule the RIS to transition to active state so that the RIS can assist in the one or more communications by scheduling the RIS to reflect the received signals at the RIS towards a preconfigured direction of the node it’s transmitting the reflected signal to (paras. [0076]-[0077]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of Dai et al into McMenamy et al in order to transition the RIS to active state so that the RIS can assist in one or more communications, e.g. by reflection of signal 720 to UE 704, while the RIS is detected to be in inactive/idle state. In the same field of endeavor, MacMullen et al explicitly teach that when a device is in idle/inactive mode, the device is not actively engaging in one or more communications (pg. 10, lines 10-15). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of MacMullen et al into the system of McMenamy et al and Dai et al in order to improve the power efficiency of the RIS by putting the RIS in an inactive mode when the RIS is not actively engaging or scheduled to communicate with another node. As a result, given the broadest reasonable interpretation according to MPEP 2111, the cited prior art, McMenamy in view of Dai et al and MacMullen et al, still reads on the present claims 1-4, 7-11, 13-14, 16, 23-28, and 30.
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.
Claims 1-2, 4, 7-11, 14, 16, 23-26, 28, and 30 are rejected under 35 U.S.C. 103 as being unpatentable over McMenamy et al (US 2024/0,413,858; hereinafter McMenamy) in view of Dai et al (US 2022/0,271,995 hereinafter Dai) further in view of MacMullen et al (WO 2012,171,715; hereinafter MacMullen).
Regarding claim 1 and 25, McMenamy disclose an apparatus and method for wireless communication at a controller of a reconfigurable intelligent surface (RIS), comprising:
a processor (processor 502; paras. [0076], [0687]); memory (506, 508) coupled with the processor (paras. [0687]-[0689]); and instructions stored in the memory and executable by the processor to cause the apparatus to:
transmit a capability message comprising a capability of one or more configurable elements of the RIS to direct incoming signals in one or more preconfigured directions for one or more frequency bands (the RIS is configured, e.g., through a RIS controller, to inform an entity about a capability of the RIS, wherein the capability of the RIS include a frequency translation capability for performing frequency band translation for incoming multiband signals in addition to changing or translating a multitude of input signals into different outputs, e.g. directions, polarization, and/or band mappings; paras. [0278]-[0279], [0349]-[0355]);
and control, in accordance with the capability message and an activity status of the RIS, the one or more configurable elements of the RIS to direct a first signal associated with a first frequency band of the one or more frequency bands to a first preconfigured direction of the one or more preconfigured directions (according to an embodiment, for discovering the RIS, the controller unit may be configured for initiating, instructing, requesting measurements or measurement reports of the contribution of a RIS to the wireless communication, e.g., based on a reference signal, validating and/or verifying a RIS and/or an MPC provided/contributed as activity status by the RIS to the wireless communication, and thus, a fast reconfiguration or tracking of directions and/or phases by a RIS when one or a few MPCs are to be optimized; e.g., the wireless communications network of one the embodiments described herein may be configured for reconfiguring a multipath component, MPC in static or slow manner and/or in a fast manner, e.g., by the RIS controller unit (paras. [0281]-[0282], [0396]). McMenamy do not disclose the capability message indicating that the RIS is not scheduled to assist in one or more communications. In the same field of endeavor, Dai disclose detecting a the current RIS capability and mode/activity status of the RIS at step 714 or 726, e.g. the RIS is determined to be in an idle/inactive mode which inherently mean that the RIS is not scheduled to assist in the one or more communications since it is in low power mode and is not actively engaging in transmitting or receiving communication signals or assisting in one or more communications with the other nodes, wherein the RIS is then controlled for reflection/communication of signal at step 716 in accordance with the capability and mode/status of the RIS (paras. [0076]-[0077]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of Dai et al into McMenamy et al in order to configure the RIS to active status so that the RIS can assist in one or more communications, e.g. reflection of signal 720 to UE 704, based on the detected current inactive status of the RIS. McMenamy and Dai do not explicitly disclose the idle/sleep/inactive mode is when the device is not scheduled to assist in one or more communications. In the same field of endeavor, MacMullen disclose the idle/sleep/inactive mode is when the device is not actively engaging in one or more communications (pg. 10, lines 13-15). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to do so in order to improve power efficiency of the RIS by putting the RIS in an inactive mode when the RIS is not actively scheduled to communicate with another device.
Regarding claim 2 and 26, McMenamy, Dai, and MacMullen disclose the apparatus and method of claim 1 and 25 respectively, wherein the instructions are further executable by the processor to cause the apparatus to: receive control signaling indicating the first preconfigured direction, the first frequency band, or both (a network element transmits the RIS control message to the RIS receiver, the feedback of a device of the wireless communication network being one of the first and second entity that determines a RIS specific parameter, the RIS specific parameter comprises at least one of a reflection state of the RIS, a direction of a multi path component provided or contributed by the RIS, a polarization or frequency translation capability, and a capability of the RIS, McMenamy, paras. [0484], [0107-[0114]).
Regarding claims 4 and 28, McMenamy, Dai, and MacMullen disclose the apparatus and method of claim 1 and 25 respectively, wherein the instructions to control the one or more configurable elements of the RIS are further executable by the processor to cause the apparatus to: receive an indication of the first preconfigured direction (the RIS panel control unit is configured for indicating RIS information including at least one of: a property, capability of translating a multitude of input signals into different directions, availability, accuracy, reliability or function of the RIS, a pointer pointing towards further information elements related with the RIS device, McMenamy, paras. [0031], [0279]).
Regarding claim 7, McMenamy, Dai, and MacMullen disclose the apparatus claim 1, the apparatus of claim 1, wherein the instructions are further executable by the processor to cause the apparatus to: receive control signaling indicating a second preconfigured direction of the one or more preconfigured directions for the one or more configurable elements of the RIS to direct a second signal associated with a second frequency band of the one or more frequency bands (frequency band translation for the incoming signal in another frequency band in the multiband signals in addition to changing or translating each input signal into different outputs, e.g. directions, by directing reflected waves using redirection; McMenamy, paras. [0484], [0088], [0188], [0278]-[0279]).
Regarding claim 8, McMenamy, Dai, and MacMullen disclose the apparatus of claim 1, wherein the instructions are further executable by the processor to cause the apparatus to: receive an indication of a target interference value corresponding to the directed first signal, wherein controlling the one or more configurable elements of the RIS is in accordance with the target interference value (one of both entities, e.g., the UE may try to evaluate a best beam configuration in view of a predefined criterion, e.g., energy consumption, interference caused, etc. For such a determination the base station may change an operation condition, e.g., it may perform a beam sweep, a change of a beam power/gain and/or a change of another operation parameter. The UE may examine, which of the configurations matches the predefined criterion and may provide feedback to the controller accordingly. Alternatively or in addition, the RIS may change its operation condition, e.g., a direction of reflection/beam provision/polarization, amplification parameters or the like, to reconfigure certain objects within the radio propagation environment to actively influence, e.g. reflection properties matching certain targets in interference, capacity, and coverage by controlling the properties of one or more RIS; McMenamy, paras. [0022], [0118], [0199]).
Regarding claim 9, McMenamy, Dai, and MacMullen disclose the apparatus of claim 1, wherein the instructions are further executable by the processor to cause the apparatus to: determine the activity status based at least in part on whether a signal is scheduled to be directed by the RIS towards a target wireless device (embodiments relate to how to control signals in a multi-user scenario, this may be realized by considering and/or distinguishing RIS sub-panels, perhaps frequency band dependent, by measurements, by scheduling, by using a data base or the like, embodiments relate to a single RIS being shared between or used by different operators, e.g., using a different interface, protocol, scheduling or the like; McMenamy, paras. [0186]-[0192)].
Regarding claims 10 and 30, McMenamy disclose the apparatus and method for wireless communication at a first network entity (e.g. base station, gNB, relay), comprising: a processor (200a, 502); memory (506, 508) coupled with the processor (paras. [0066], [0687]-[0689]); and instructions stored in the memory and executable by the processor to cause the apparatus to:
receive a capability message comprising a capability of one or more configurable elements of a reconfigurable intelligent surface (RIS) to direct incoming signals in one or more preconfigured directions for one or more frequency bands (the RIS sends a capability of the RIS, e.g., using a capability report, to inform an entity about a capability of the RIS, wherein the capability of the RIS include a frequency translation capability for performing frequency band translation for incoming multiband signals in addition to changing or translating a multitude of input signals into different outputs, e.g. directions, polarization, and/or band mappings; paras. [0278]-[0279], [0349]-[0355]);
transmit, in accordance with the capability message and an activity status of the RIS, first control signaling indicating a first preconfigured direction of the one or more preconfigured directions for the one or more configurable elements of the RIS to direct a first signal associated with a first frequency band of the one or more frequency bands (based on the capability message and a reference signal, validating and verifying a RIS and/or an MPC provided or activity status contributed by the RIS to the wireless communication, a fast reconfiguration or tracking of directions and/or phases by a RIS when one or a few MPCs are to be optimized; e.g., the wireless communications network of one the embodiments described herein may be configured for reconfiguring a multipath component, MPC in static or slow manner and/or in a fast manner, a network element transmits the RIS control message to the RIS receiver, the feedback of a device of the wireless communication network being one of the first and second entity that determines a RIS specific parameter, the RIS specific parameter comprises at least one of a reflection state of the RIS, a direction of a multipath component provided or contributed by the RIS, a polarization or frequency translation capability, and a capability of the RIS, paras. [0107-[0114], [0281]-[0282], [0396], [0484]). McMenamy do not disclose the capability message indicating that the RIS is not scheduled to assist in one or more communications. In the same field of endeavor, Dai disclose detecting a the current RIS capability and mode/activity status of the RIS at step 714 or 726, e.g. the RIS is determined to be in an idle/inactive mode, wherein the RIS is then controlled for reflection/communication of signal at step 716 in accordance with the capability and mode/status of the RIS (paras. [0076]-[0077]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of Dai et al into McMenamy et al in order to configure the RIS to active status so that the RIS can assist in one or more communications, e.g. reflection of signal 720 to UE 704, based on the detected current inactive status of the RIS. McMenamy and Dai do not explicitly disclose the idle/sleep/inactive mode is when the device is not scheduled to assist in one or more communications. In the same field of endeavor, MacMullen disclose the idle/sleep/inactive mode is when the device is not actively engaging in one or more communications (pg. 10, lines 13-15). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to do so in order to improve power efficiency of the RIS by putting the RIS in an inactive mode when the RIS is not actively scheduled to communicate with another device.
Regarding claim 11, McMenamy, Dai, and MacMullen disclose the apparatus of claim 10, wherein the first control signaling indicates the first frequency band of the one or more frequency bands (according to embodiments, solutions are provided how to control the effect of RIS/RRS on MPCs, e.g., in an open loop and/or a closed loop manner, embodiments relate to how to control signals in a multi-user scenario, e.g. one user in the middle and the other at the edge of coverage, this may be realized by considering and/or distinguishing RIS sub-panels, perhaps frequency band dependent, by measurements, by scheduling, it should be noted that the RIS may be actively controlled by the network, e.g., a decision to not use the RIS at least temporarily, to at least temporarily substitute the RIS by one or more other RIS or to impinge the RIS with a different beam, e.g., a different frequency band, a different polarization or the like, may have a direct effect on the impact of the RIS on the radio propagation environment and/or the communication between two nodes; McMenamy, paras. [0178], [0186]-[0187], [0271]).
Regarding claim 14, McMenamy, Dai, and MacMullen disclose the apparatus of claim 10, wherein the instructions are further executable by the processor to cause the apparatus to: select the first preconfigured direction of the one or more preconfigured directions based at least in part on the first preconfigured direction having a specific performance target by tuning or selecting reflection angle, phases and/or attenuation, increase by improving SNR and/or MIMO rank, interference reduction by avoiding or cancelling interference leakage from other cells, improved secrecy by cancelling or camouflaging signals towards an eavesdropper's receiver, etc. (McMenamy, paras. [0020], [0022]). McMenamy, Dai, and MacMullen do not explicitly disclose the interference is below a threshold. However, the examiner takes official notice that achieving a performance target, e.g. SNR or SINR, would inherently have the interference be below a threshold. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to do so in order to tune the predetermined reflection angle to avoid or cancel interference as suggested by McMenamy (¶ [0020]).
Regarding claim 16, McMenamy, Dai, and MacMullen disclose the apparatus of claim 15, wherein the instructions are further executable by the processor to cause the apparatus to: transmit, to one or more second network entities, signaling comprising the location information, the indication of the respective frequency bands, the first preconfigured direction, or any combination thereof; and receive updated location information, updated respective frequency bands, or both based at least in part on transmitting the signaling (transmitting information related to location to other network entities; McMenamy, paras. [0273], [0275], [0292], [0666]).
Regarding claim 23, McMenamy, Dai, and MacMullen disclose the apparatus of claim 10, wherein the instructions are further executable by the processor to cause the apparatus to: transmit an indication of a target interference value corresponding to the directed first signal (one of both entities may try to evaluate a best beam configuration in view of a predefined criterion, e.g., energy consumption, interference caused, etc. For such a determination the base station may change an operation condition, e.g., it may perform a beam sweep, a change of a beam power or gain and/or a change of another operation parameter. The entity may examine, which of the configurations matches the predefined criterion and may provide feedback to the controller accordingly. Alternatively or in addition, the RIS may change its operation condition, e.g., a direction of reflection/beam provision/polarization, amplification parameters or the like, to reconfigure certain objects within the radio propagation environment to actively influence, e.g. reflection properties matching certain targets in interference, capacity, and coverage by controlling the properties of one or more RIS; McMenamy, paras. [0022], [0118], [0199]).
Regarding claim 24, McMenamy, Dai, and MacMullen disclose the apparatus of claim 10, wherein the instructions are further executable by the processor to cause the apparatus to: determine the activity status based at least in part on whether a signal is scheduled to be directed by the RIS towards a target wireless device (embodiments relate to how to control signals in a multi-user scenario, this may be realized by considering and/or distinguishing RIS sub-panels, perhaps frequency band dependent, by measurements, by scheduling, by using a data base or the like, embodiments relate to a single RIS being shared between or used by different operators, e.g., using a different interface, protocol, scheduling or the like; McMenamy, paras. [0186]-[0192)].
Claims 3, 13, and 27 are rejected under 35 U.S.C. 103 as being unpatentable over McMenamy et al (US 2024/0,413,858) in view of Dai et al (US 2022/0,271,995) in view of MacMullen et al (WO 2012,171,715) further in view of Makki et al (WO 2024,067,963; hereafter Makki).
Regarding claim 3 and 27, McMenamy, Dai, and MacMullen disclose the apparatus and method of claim 1 and 25 respectively, wherein they do not disclose the instructions to control the one or more configurable elements of the RIS are further executable by the processor to cause the apparatus to: control the one or more configurable elements of the RIS to direct the first signal in a same direction as an incoming direction of the first signal, wherein the first preconfigured direction is based at least in part on the incoming direction of the first signal. In the same field of endeavor, Makki disclose the RIS is executable by the processor to cause the apparatus to control the one or more configurable elements of the RIS to direct the first signal in a same direction as an incoming direction of the first signal, wherein the first preconfigured direction is based at least in part on the incoming direction of the first signal (pg. 12, lines 9-12). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to do so in order for the RIS to perform self-calibration (Makki; pg. 12, lines 9-10).
Regarding claim 13, McMenamy, Dai, and MacMullen disclose the apparatus of claim 10, wherein they do not disclose the instructions are further executable by the processor to cause the apparatus to: determine the first preconfigured direction is a same direction as an incoming direction of the first signal, wherein the capability message indicates an ability of the RIS to direct the first signal in the same direction as the incoming direction of the first signal. In the same field of endeavor, Makki discloses instructions are further executable by the processor to cause the apparatus to determine the first preconfigured direction is a same direction as an incoming direction of the first signal, wherein the capability message indicates an ability of the RIS to direct the first signal in the same direction as the incoming direction of the first signal (pg. 12, lines 9-12). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to do so in order for the RIS to perform self-calibration (Makki; pg. 12, lines 9-10).
Allowable Subject Matter
Claims 5-6, 12, 15, 17-22, and 29 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.
Regarding claim 5 and 29, McMenamy, Dai, and MacMullen disclose the apparatus and method of claim 1 and 25 respectively, wherein the cited prior art fails to further disclose or fairly suggest the first preconfigured direction comprises a plurality of first preconfigured directions based at least in part on the capability message indicating a maximum ratio of reflected power and incident power over the plurality of first preconfigured directions for the first frequency band.
Regarding claim 6, McMenamy, Dai, and MacMullen disclose the apparatus and method of claim 1, wherein the cited prior art fails to further disclose or fairly suggest the instructions to control the one or more configurable elements of the RIS are further executable by the processor to cause the apparatus to: receive an indication of a plurality of frequencies for the one or more configurable elements of the RIS to shift at least a portion of a signal power associated with the directed first signal; and control the one or more configurable elements to shift at least the portion of the signal power to at least a subset of the plurality of frequencies.
Regarding claim 12, McMenamy, Dai, and MacMullen disclose the apparatus of claim 11, wherein the cited prior art fails to further disclose or fairly suggest the instructions are further executable by the processor to cause the apparatus to: transmit, to one or more second network entities, a first message requesting an indication of the one or more frequency bands corresponding to frequency bands in use by the one or more second network entities, wherein the first message comprises a location of the RIS; and receive, in response to the first message, at least one second message indicating the first frequency band.
Regarding claim 15, McMenamy, Dai, and MacMullen disclose the apparatus of claim 14, wherein the cited prior art fails to further disclose or fairly suggest the instructions are further executable by the processor to cause the apparatus to: transmit a message requesting location information corresponding to the one or more wireless devices and requesting an indication of respective frequency bands in use by the one or more wireless devices; and receive, in response to the message, the location information and the indication of the respective frequency bands, wherein selecting the first preconfigured direction is in accordance with the location information and the indication of the respective frequency bands.
Regarding claim 17, McMenamy, Dai, and MacMullen disclose the apparatus of claim 10, wherein the cited prior art fails to further disclose or fairly suggest the first preconfigured direction comprises a plurality of preconfigured directions based at least in part on the capability message indicating a maximum ratio of reflected power and incident power over the one or more preconfigured directions for the one or more frequency bands.
Regarding claim 18, McMenamy, Dai, and MacMullen disclose the apparatus of claim 10, wherein the cited prior art fails to further disclose or fairly suggest the instructions are further executable by the processor to cause the apparatus to: transmit an indication of a plurality of frequencies for the one or more configurable elements of the RIS to shift at least a portion of a signal power associated with the directed first signal.
Regarding claim 19, McMenamy, Dai, and MacMullen disclose the apparatus of claim 10, wherein the cited prior art fails to further disclose or fairly suggest the instructions are further executable by the processor to cause the apparatus to: determine a time period over which the RIS is to direct the first signal in the first preconfigured direction; and transmit an indication of the time period to one or more second network entities.
Regarding claim 20, McMenamy, Dai, and MacMullen disclose the apparatus of claim 10, wherein the cited prior art fails to further disclose or fairly suggest the instructions are further executable by the processor to cause the apparatus to: determine that a measurement of interference at a user equipment (UE) associated with a second frequency band of the one or more frequency bands satisfies a threshold interference value; and transmit second control signaling indicating a second preconfigured direction of the one or more preconfigured directions for the one or more configurable elements of the RIS to direct a second signal associated with the second frequency band.
Regarding claim 21, the cited prior art fails to further disclose or fairly suggest the apparatus of claim 20, wherein the instructions are further executable by the processor to cause the apparatus to: transmit signaling comprising reference signal resources associated with the second frequency band and a request for the measurement of interference associated with the second frequency band; and receive, in response to the signaling, the measurement of interference, wherein determining the measurement of interference satisfies the threshold interference value is based at least in part on receiving the measurement of interference.
Regarding claim 22, the cited prior art fails to further disclose or fairly suggest the apparatus of claim 20, wherein the instructions are further executable by the processor to cause the apparatus to: receive, from a second network entity, an indication of the second frequency band, wherein determining the measurement of interference satisfies the threshold interference value is based at least in part on receiving the indication of the second frequency band.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LANA N LE whose telephone number is (571) 272-7891. The examiner can normally be reached M-F 9:00am-5:00pm.
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/LANA N LE/Primary Examiner, Art Unit 2648