Prosecution Insights
Last updated: April 19, 2026
Application No. 18/158,603

ENERGY-EFFICIENT INFORMATION TRANSFER VIA RECONFIGURABLE INTELLIGENT SURFACE PARTITIONING

Non-Final OA §103
Filed
Jan 24, 2023
Examiner
YUEN, KAN
Art Unit
2464
Tech Center
2400 — Computer Networks
Assignee
Qualcomm Incorporated
OA Round
3 (Non-Final)
89%
Grant Probability
Favorable
3-4
OA Rounds
3y 0m
To Grant
99%
With Interview

Examiner Intelligence

Grants 89% — above average
89%
Career Allow Rate
738 granted / 833 resolved
+30.6% vs TC avg
Moderate +14% lift
Without
With
+14.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
27 currently pending
Career history
860
Total Applications
across all art units

Statute-Specific Performance

§101
6.6%
-33.4% vs TC avg
§103
50.9%
+10.9% vs TC avg
§102
18.5%
-21.5% vs TC avg
§112
15.5%
-24.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 833 resolved cases

Office Action

§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 . Response to Arguments Applicant’s arguments with respect to claim(s) 1-11, 23-27 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. 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 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. 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. Claim(s) 1-3, 10, 23-26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Abu Al Haija et al. (Pub No.: 2025/0343577) in view of Hemadeh et al. (Pub No.: 2024/0243795). Regarding claim 1, Abu Al Haija et al. discloses a reconfigurable intelligent surface (RIS) (see RIS device 182 in fig. 4b) for wireless communication, comprising: one or more memories; and one or more processors (see processing unit 285 in fig. 4b) coupled to the one or more memories, the memory one or more memories storing instructions for the one or more processors to cause the RIS to: receive configuration information indicating a passive beamforming and information transfer (PBIT) scheme (Abu Al Haija et al. see para. 0020, 0062; receiving, by the UE, configuration information for measuring the received plurality of signals via radio resource control (RRC) signaling. In some embodiments, the configuration information includes one or more of: a number of portions in the plurality of RIS portions; a number of time slots in the plurality of time slots;…). The RIS (e.g., a type of passive relay) receives configuration information from the base station, wherein the configuration information includes a number of portions in the plurality of RIS portions, a number of time slots, and etc. The RIS is configured as a type of passive relay for beamforming, wherein the received configuration information is broadly interpreted as a passive beamforming and information transfer (PBIT) scheme; and communicate information available to the RIS to a network device using an encoding of the information into an RIS-reflected beam reflected off of the RIS based on implementing the PBIT scheme using index modulation (IM) (read as a RIS part/portion resembles by a subset of transmit/receive resources (e.g., antennas) in para. 0171 and 0189), wherein the encoding is based at least in part on the PBIT scheme (Abu Al Haija et al. see para. 0013, 0109, 0110, 0124, 0129, 0130, 0131, 0137, 0171, 0189; The data to be sent to a destination (e.g., UE) is encoded as a sequence of multiple time slot transmission using interference patterns associated with signals modulated and/or redirected by the RIS. In para. 0171, the RIS is divided into a plurality of RIS portions, each of which may have same or different size. Also, different phase components, that may be a combination of one or more of the first, second and third phase values may be applied to the different RIS portions. In para. 0189, … instead of the RIS, a transmitter with multiple antennas or multiple panels can send data from its antennas by applying the proposed OTA-interferometer based modulation where a subset of the antenna resembles one RIS portion while another subset resembles another RIS portion.). The RIS receives and encodes input data from the sensor and reflects the encoded input data available to RIS to the UE through RIS reflection properties (e.g., beam direction) using a part/portion of the RIS resembles by a subset of transmit/receive resources (e.g., antennas). Note: In the applicant’s specification, the term IM is defined as: “IM may refer to an ability to convey information by the indices of transmit/receive resources (e.g., antennas)” (see PG-Pub version para. 0090), and the RIS part/portion resembles by a subset of transmit/receive resources (e.g., antennas) as taught by Abu Al Haija et al. is broadly interpreted as the IM in the claim. However, Abu Al Haija et al. does not explicitly disclose the feature wherein the configuration information being based at least in part on at least one of energy consumption of the PBIT scheme or an error performance of the PBIT scheme. Hemadeh et al. from the same or similar fields of endeavor discloses the feature wherein the configuration information being based at least in part on at least one of energy consumption of the PBIT scheme or an error performance of the PBIT scheme (Hemadeh et al. see para. 0133; FIG. 13 illustrates a comparison of the bit error rate (BER) performance comparison of different RIS array structures/designs, including: a single-connected RIS (e.g., as illustrated in FIG. 3); and a fully-connected multi-directional RIS that implements an off-diagonal beamforming scheme (e.g., as illustrated in FIG. 6).). In fig. 13, a configuration of different RIS array designs/patterns is compared based on bit error rate performance. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the disclosure of Abu Al Haija et al. and to implement with the feature as taught by Hemadeh et al. where the configuration information of different RIS reflective array patterns/portions is based on bit error rate performance. The motivation would be to reduce transmission error rate. Claim 23 is rejected similarly to claim 1. Regarding claims 2, 24, Abu Al Haija et al. discloses the feature wherein the information available to the RIS includes data associated with the RIS (Abu Al Haija et al. see para. 0131; The OTA-interferometer based modulation technique presented in the present disclosure also enables encoding the data from an input (e.g., sensor) operatively connected to the RIS using different phases of the RIS redirected signals and a relative size of each of the plurality of the RIS portions.). The RIS receives input data information from a sensor, wherein the input data is associated with the RIS. Regarding claims 3, 25, Abu Al Haija et al. discloses the feature wherein the data associated with the RIS includes at least one of: sensor data associated with the RIS, an indication of a maintenance status associated with the RIS, an indication of a battery life associated with the RIS, or an indication of whether the RIS is assisting an ongoing communication between network entities (Abu Al Haija et al. see para. 0131; The OTA-interferometer based modulation technique presented in the present disclosure also enables encoding the data from an input (e.g., sensor) operatively connected to the RIS using different phases of the RIS redirected signals and a relative size of each of the plurality of the RIS portions.). The RIS receives input data information from a sensor, wherein the input data is associated with the RIS. Regarding claims 10, 26, Abu Al Haija et al. discloses the feature wherein the PBIT scheme is associated with virtual PBIT partitions (Abu Al Haija et al. see fig. 7a, RIS divided into two portions; para. 0137; the RIS 730 such that the RIS 730 is virtually divided into two or more RIS parts (i.e., two or more RIS portions).). The RIS is configured to be virtually divided into two portions. Claim(s) 4, 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Abu Al Haija et al. (Pub No.: 2025/0343577) in view of Hemadeh et al. (Pub No.: 2024/0243795) as applied to claim 1 above, and further in view of Dai et al. (Pub No.: 2022/0416869). Regarding claim 4, Abu Al Haija et al. in view of Hemadeh et al. does not explicitly disclose the feature wherein the configuration information is based at least in part on an RIS controller associated with the RIS having a capability to receive communications from a network node and the RIS controller not having a capability to transmit communications to the network node. Dai et al. from the same or similar fields of endeavor discloses the feature wherein the configuration information is based at least in part on an RIS controller associated with the RIS having a capability to receive communications from a network node and the RIS controller not having a capability to transmit communications to the network node (Dai see para. 0066; In some examples, the RIS 305 and/or the RIS controller 310 may not have transmit capabilities (e.g., the RIS 305 may be capable of reflecting and/or redirecting impinging signals via the reconfigurable elements, but may not be capable of generating and/or transmitting signals).). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the disclosure of Abu Al Haija et al. in view of Hemadeh et al. and to implement with the feature as taught by Dai wherein an RIS controller associated with RIS having a capability to receive communication from a network node but not having the capability to transmit communication to the network node. The motivation would be to reduce transmission power. Regarding claim 5, Dai discloses the feature wherein the configuration information is based at least in part on an RIS controller associated with the RIS having a capability to receive communications from a network node and the RIS controller having a capability to transmit communications to the network node (Dai see para. 0066; Alternatively, in some examples, the RIS 305 and/or the RIS controller 310 may have transmit capabilities (e.g., the RIS 305 may be capable of reflecting and/or redirecting impinging signals via the reconfigurable elements and may be capable of generating and/or transmitting signals). For example, the RIS 305 and/or the RIS controller 310 may include one or more antennas and/or antenna elements for receiving and/or transmitting signals.). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the disclosure of Abu Al Haija et al. in view of Hemadeh et al. and to implement with the feature as taught by Dai wherein an RIS controller associated with RIS having a capability to receive communication from a network node and having the capability to transmit communication to the network node. The motivation would be to provide transmission reliability. Claim(s) 6, 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Abu Al Haija et al. (Pub No.: 2025/0343577) in view of Hemadeh et al. (Pub No.: 2024/0243795) as applied to claim 1 above, and further in view of Ali et al. (Pub No.: 2023/0189021). Regarding claim 6, Abu Al Haija et al. in view of Hemadeh et al. does not explicitly disclose the feature wherein the information available to the RIS includes an indication that the RIS-reflected beam is reflected off of the RIS. Ali et al. from the same or similar fields of endeavor discloses the feature wherein the information available to the RIS includes an indication that the RIS-reflected beam is reflected off of the RIS (Ali et al. see fig. 9, para. 0081; Moreover, the remote unit 102 is indicated and/or configured to measure, average, and/or report average PRS received from transmissions reflected by multiple segments of the first RIS 902 (e.g., multiple beams from the first RIS 902) according to the configured segments.). Thus, available information is reflected off of the RIS by multiple segments/beams. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the disclosure of Abu Al Haija et al. in view of Hemadeh et al. and to implement with the feature as taught by Ali et al. where the RIS reflects available information by multiple segments/beams to the UE. The motivation would be to provide transmission efficiency. Regarding claim 7, Ali et al. discloses the feature wherein the RIS-reflected beam is associated with a positioning reference signal (Ali et al. see fig. 9, para. 0081; Moreover, the remote unit 102 is indicated and/or configured to measure, average, and/or report average PRS received from transmissions reflected by multiple segments of the first RIS 902 (e.g., multiple beams from the first RIS 902) according to the configured segments.). The UE configures to measure, average, and/or report average PRS received from the segments. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the disclosure of Abu Al Haija et al. in view of Hemadeh et al. and to implement with the feature as taught by Ali et al. where the RIS reflects available information by multiple segments/beams to the UE and the UE configures to measure, average, and/or report average PRS received from the segments. The motivation would be to provide transmission efficiency. Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Abu Al Haija et al. (Pub No.: 2025/0343577) in view of Hemadeh et al. (Pub No.: 2024/0243795) and Ali et al. (Pub No.: 2023/0189021) as applied to claim 6 above, and further in view of Yao et al. (Pub No.: 2023/0209122). Regarding claim 8, Abu Al Haija et al. in view of Hemadeh et al. and Ali et al. does not explicitly disclose the feature wherein the RIS-reflected beam is associated with a sounding reference signal. Yao et al. from the same or similar fields of endeavor discloses the feature wherein the RIS-reflected beam is associated with a sounding reference signal (Yao et al. see para. 0063; a channel state information reference signal (CSI-RS), or a sounding reference signal (SRS)) that arrives at a receive end after being reflected or transmitted by the RIS.). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the disclosure of Abu Al Haija et al. in view of Hemadeh et al. and Ali et al. and to implement with the feature as taught by Yao et al. wherein the RIS reflected beam is SRS. The motivation would be to improve transmission quality. Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Abu Al Haija et al. (Pub No.: 2025/0343577) in view of Hemadeh et al. (Pub No.: 2024/0243795) as applied to claim 1 above, and further in view of Choi et al. (Pub No.: 2023/0261376). Regarding claim 9, Abu Al Haija et al. in view of Hemadeh et al. does not explicitly disclose the feature wherein the information available to the RIS includes an RIS identifier encoded on an RIS-reflected beam. Choi et al. from the same or similar fields of endeavor discloses the feature wherein the information available to the RIS includes an RIS identifier encoded on an RIS-reflected beam (Choi et al. see para. 0060; The electronic device may identify the location of the receiver, the location of the RIS, etc., based on a reflection signal of a wide beam radiated with one antenna element.). The UE is able to identify the location of the RIS based on the reflected beam. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the disclosure of Abu Al Haija et al. in view of Hemadeh et al. and to implement with the feature as taught by Choi et al. wherein the UE is able to identify (e.g., RIS identifier) the location of the RIS based on the reflected beam. The motivation would be to reduce transmission error. Allowable Subject Matter Claims 11, 27 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. Examiner's Note The Applicant is welcome to request a telephonic interview if the Applicant has any questions or requires any additional information that would further or expedite the prosecution of the application. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Khojastepour et al. (Pub No.: 2023/0043800) discloses method that involves enabling (1001) communication between a multi-antenna transmitter and a multi-antenna receiver. A reconfigurable intelligent surface (RIS) is positioned (1003) in a vicinity of the multi-antenna transmitter and the multi-antenna receiver. RIS reflecting signals are received from the multi-antenna transmitter toward the multi-antenna receiver. The RIS is constructed (1005) as a uniform planar array (UPA) structure forming a multi-beam forming framework. Parameters of discrete elements of the UPA are controlled to achieve multiple disjoint beams covering different solid angles. Multiple users of multiple mobile devices positioned in blind spots of a coverage map is enabled (1007) to communicate the multi-antenna transmitter by employing the RIS to generate sharp and effective beams having uniform gain in a desired angular coverage interval (ACI). Cross (Pub No.: 2025/0202574) discloses an antenna system may be configured with multiple antennas that may be used in combination (e.g., for communication with a common target device), or separately (e.g., for communication with different target devices). In some examples, using the antennas in combination may include a coupling with a common modem for signal reception (e.g., to increase reception gain). In some such examples, a single antenna may be used for signal transmission (e.g., to reduce interference associated with simultaneous transmission toward a common target device). Using the antennas separately may facilitate handover or other communication transition scenarios, such as establishing a communication link with a new target device before breaking an established communication link with another target device. Some such implementations may involve antennas associated with a mechanical positioning axis for one direction of beam alignment (e.g., azimuth orientation) and a beamforming axis for another direction of beam alignment (e.g., elevation orientation). Any inquiry concerning this communication or earlier communications from the examiner should be directed to KAN YUEN whose telephone number is (571)270-1413. The examiner can normally be reached Monday - Friday 10:30am-7pm. 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, Ricky Ngo can be reached at 571-272-3139. 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. /KAN YUEN/Primary Examiner, Art Unit 2464
Read full office action

Prosecution Timeline

Jan 24, 2023
Application Filed
Jul 01, 2025
Non-Final Rejection — §103
Aug 11, 2025
Interview Requested
Aug 28, 2025
Applicant Interview (Telephonic)
Aug 28, 2025
Examiner Interview Summary
Oct 03, 2025
Response Filed
Nov 10, 2025
Final Rejection — §103
Dec 01, 2025
Interview Requested
Dec 19, 2025
Examiner Interview Summary
Dec 19, 2025
Applicant Interview (Telephonic)
Jan 13, 2026
Response after Non-Final Action
Jan 23, 2026
Request for Continued Examination
Jan 29, 2026
Response after Non-Final Action
Feb 16, 2026
Non-Final Rejection — §103
Apr 14, 2026
Interview Requested

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Prosecution Projections

3-4
Expected OA Rounds
89%
Grant Probability
99%
With Interview (+14.0%)
3y 0m
Median Time to Grant
High
PTA Risk
Based on 833 resolved cases by this examiner. Grant probability derived from career allow rate.

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