Prosecution Insights
Last updated: May 29, 2026
Application No. 18/252,302

TIME AND FREQUENCY RESOURCE LEVEL MUTING OF RECONFIGURABLE INTELLIGENT SURFACES

Final Rejection §103
Filed
May 09, 2023
Priority
Jan 04, 2021 — GR 20210100004 +1 more
Examiner
MANOHARAN, MUTHUSWAMY GANAPATHY
Art Unit
2647
Tech Center
2600 — Communications
Assignee
Qualcomm Incorporated
OA Round
2 (Final)
65%
Grant Probability
Favorable
3-4
OA Rounds
6m
Est. Remaining
82%
With Interview

Examiner Intelligence

Grants 65% — above average
65%
Career Allowance Rate
412 granted / 630 resolved
+3.4% vs TC avg
Strong +17% interview lift
Without
With
+16.6%
Interview Lift
resolved cases with interview
Typical timeline
3y 7m
Avg Prosecution
30 currently pending
Career history
675
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
94.0%
+54.0% vs TC avg
§102
4.7%
-35.3% vs TC avg
§112
0.3%
-39.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 630 resolved cases

Office Action

§103
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 § 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. Claim(s) 1-3, 6-8, 10-13, 15-18, 21-23, 25-28, 30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Penna et al. (hereinafter Penna)(US 2023/0176174) in view of Khoryaev et al. (hereinafter Khoryaev)(US 2022/0191830). Regarding claim 1, Penna teaches a method of wireless communication performed by a base station (B S), the method comprising(Fig. 5A): obtaining a resource-level muting bitmap for a reconfigurable intelligent surface (RIS)(item 510 in Fig. 5A; P[0093], LMF sends IRS setting for measurements to gNB; allows the gNB to determine IRS configurations), wherein the resource-level muting bitmap identifies sets of resources during which the RIS should be enabled to reflect a transmission beam or disabled from reflecting a transmission beam(P[0094], IRS configuration sent in signaling may include oner more IRS switching on/off; signal reflection ); and requesting the RIS to be enabled or disabled according to the resource-level muting bitmap(P[0094], IRS switching on and switching off). Penna did not teach specifically muting bitmap identifies sets of time and frequency resources. However, Khoryaev teaches in an analogous art muting bitmap identifies sets of time and frequency resources(P[0036-0038], muting bitmap for activation and deactivation; time-frequency resource). Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the invention to use the muting bitmap identifies sets of time and frequency resources in order to have improved efficiency. Regarding claim 2, Penna in view of Khoryaev teaches the method of claim 1, wherein at least one of the sets of time and frequency resources comprises as set of time and frequency resources reserved for transmitting a positioning reference signal (PRS) or for receiving a sounding reference signal (SRS)( Khoryaev: P[0038], time-frequency resources; DL-PRS; Penna: P[0097], PRS scheduling). Regarding claim 3, Penna in view of Khoryaev teaches the method of claim 2, wherein each bit of the resource-level muting bitmap represents a PRS occasion during which the RIS is enabled or disabled, a PRS repetition during which the RIS is enabled or disabled within each PRS occasion, an SRS occasion during which the RIS is enabled or disabled, an SRS repetition during which the RIS is enabled or disabled within each SRS occasion, or a combination thereof(Khoryaev: P[0036], repetition; muting bitmap for activation/deactivation of DL PRS transmission occasions). Regarding claim 6, Penna in view of Khoryaev teaches the method of claim 1, wherein requesting the RIS to be enabled or disabled according to the resource-level muting bitmap comprises configuring the RIS to reflect a received signal to a user equipment (UE), and wherein the method further comprises: transmitting, to the UE, a first positioning reference signal (PRS); and transmitting, to the RIS, a second PRS(Penna: item 111 and items 91-92 in Fig. 2). Regarding claim 7, Penna in view of Khoryaev teaches the method of claim 6, further comprising: receiving, from the UE, a downlink reference signal time difference (RSTD) measurement for the first PRS and the second PRS and calculating an estimated position of the UE based on the RSTD measurement; or receiving, from the UE, an estimated position of the UE(Penna: P[0220], time difference of arrival; P[0080], UE reports measurements; OTDOA). Regarding claim 8, Penna in view of Khoryaev teaches the method of claim 7, further comprising, prior to transmitting the second PRS, configuring the RIS to reflect a received signal to the UB or to not reflect the received signal to the UE(P[0094], Penna: IRS setting parameters in signaling may include setting for IRS switching on/off reflector). Regarding claim 10, Penna in view of Khoryaev teaches the method of claim 7, wherein receiving the downlink reference signal time difference (RSTD) measurement for the first PRS and the second PRS comprises receiving a receive time, a time of arrival, or combinations thereof for the first PRS and the second PRS(Penna: P[0100, 0104], multiple time of arrivals ToA). Claim 11 is rejected for the same reason as set forth in claim 1. Regarding claim 12, Penna in view of Khoryaev teaches the method of claim 11, further comprising calculating a time of arrival (ToA) or reference signal time difference (RSTD) from the BS or from the RIS as determined by the resource-level muting bitmap(P[0094], Penna: IRS setting parameters in signaling may include setting for IRS switching on/off reflector; P[0104], IRS switching on /off; UE measures multiple ToA; Khoryaev: P[0036], repetition; muting bitmap for activation/deactivation of DL PRS transmission occasions ). Regarding claim 13, Penna in view of Khoryaev teaches the method of claim 11, wherein the first reference signal comprises a first positioning reference signal (PRS), and wherein the method further comprises: receiving a second PRS, wherein one of the first PRS and the second PRS was received from a base station (BS) and the other of the first PRS and the second PRS was received from the RIS; and transmitting, to the BS, a downlink reference signal time difference (RSTD) measurement for the first PRS and the second PRS( Penna: item 111 and items 91-92 in Fig. 2; Penna: P[0220], time difference of arrival; P[0080], UE reports measurements; OTDOA). Claim 15 is rejected for the same reason as set forth in claim 10. Claims 16-18, 21-23 and 25 are rejected for the same reason as set forth in claims 1-3, 6-8 and 10 respectively. Claims 26, 27-28, 30 are rejected for the same reason as set forth in claims 1, 12-13, 10 respectively. Claim(s) 4-5, 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Penna et al. (hereinafter Penna)(US 2023/0176174) in view of Khoryaev et al. (hereinafter Khoryaev)(US 2022/0191830) and Bayesteh et al. (hereinafter Bayesteh)(US 2021/0302561). Regarding claim 4, Penna in view of Khoryaev teaches all the particulars of the claim except the method, wherein the RIS is requested to be enabled or disabled according to the combination of a value of a bit in the bitmap and a value of another indicator associated with muting or enabling transmission of the PRS. However, Bayesteh teaches in an analogous art the method, wherein the RIS is requested to be enabled or disabled according to the combination of a value of a bit in the bitmap and a value of another indicator associated with muting or enabling transmission of the PRS(Bayesteh: P[0133], indicating a particular beam is transmitted towards the RIS; signaling can be a binary indicator, with one bit per beam indicating whether the beam is an RIS beam or not; P[0122], reconfigurable intelligent surface with PRS from TP Khoryaev: P[0036-0038], muting bitmap for activation and deactivation; time-frequency resource). Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the invention to use the method, wherein the RIS is requested to be enabled or disabled according to the combination of a value of a bit in the bitmap and a value of another indicator associated with muting or enabling transmission of the PRS in order to have improved efficiency. Regarding claim 5, Penna in view of Khoryaev teaches all the particulars of the claim except the method, wherein each bit of the resource-level muting bitmap represents a RIS having a known association with a specified PRS or SRS. However, Bayesteh teaches in an analogous art the method, wherein each bit of the resource-level muting bitmap represents a RIS having a known association with a specified PRS or SRS(P[0133], indicating a particular beam is transmitted towards the RIS; signaling can be a binary indicator, with one bit per beam indicating whether the beam is an RIS beam or not; P[0122], reconfigurable intelligent surface with PRS from TP). Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the invention to use the method, wherein each bit of the resource-level muting bitmap represents a RIS having a known association with a specified PRS or SRS in order to have improved efficiency. Claims 19-20 is rejected for the reason as set forth in claims 4-5 respectively. Claim(s) 9, 14, 24, 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Penna et al. (hereinafter Penna)(US 2023/0176174) in view of Khoryaev et al. (hereinafter Khoryaev)(US 2022/0191830) and Xiao et al. (hereinafter Xiao)(US 2022/0329981). Regarding claim 9, Penna in view of Khoryaev teaches all the particulars of the claim except the method, further comprising, prior to receiving the RSTD measurement, indicating, to the UE, a transmission time offset between the first PRS and the second PRS. However, Xiao teaches in an analogous art the method, further comprising, prior to receiving the RSTD measurement, indicating, to the UE, a transmission time offset between the first PRS and the second PRS(P[0039], transmission time difference of the reference signals; feeds back RSTDS to the positioning server). Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the invention to use the method, further comprising, prior to receiving the RSTD measurement, indicating, to the UE, a transmission time offset between the first PRS and the second PRS in order to have improved precision. Claims 14, 24, 29 is rejected for the reason as set forth in claim 9. Response to Arguments Applicant's arguments filed 4/6/2026 have been fully considered but they are not persuasive. Applicant argues that the resource-level muting bitmap is not the same as a RIS configuration: the resource- level muting bitmap is instead a time and frequency map that determines when to instruct a RIS to use a RIS active configuration and when to instruct the RIS to use a RIS inactive configuration. Examiner respectfully disagrees. Muting bit map is used to switch on/off on resources of the resource set. Penna teaches requesting the RIS to be enabled or disabled according to the resource-level muting bitmap(P[0094], IRS switching on and switching off). Khoryaev teaches muting bitmap identifies sets of time and frequency resources(P[0036-0038], muting bitmap for activation and deactivation of reference signal transmission occasion; time-frequency resource). The combination of Penna and Khoryaev teaches the claimed limitation, “wherein the resource-level muting bitmap identifies sets of resources during which the RIS should be enabled to reflect a transmission beam or disabled from reflecting a transmission beam(P[0094], IRS configuration sent in signaling may include oner more IRS switching on/off; signal reflection ); and requesting the RIS to be enabled or disabled according to the resource-level muting bitmap(P[0094], IRS switching on and switching off). Khoryaev teaches muting bitmap identifies sets of time and frequency resources(P[0036-0038], muting bitmap for activation and deactivation; time-frequency resource). Conclusion THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MUTHUSWAMY GANAPATHY MANOHARAN whose telephone number is (571)272-5515. The examiner can normally be reached 6:30am-3:00pm. 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, Alison T Slater can be reached at 571-270-0375. 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. /MUTHUSWAMY G MANOHARAN/Primary Examiner, Art Unit 2647
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Prosecution Timeline

May 09, 2023
Application Filed
Jan 05, 2026
Non-Final Rejection mailed — §103
Mar 23, 2026
Interview Requested
Mar 31, 2026
Applicant Interview (Telephonic)
Mar 31, 2026
Examiner Interview Summary
Apr 06, 2026
Response Filed
May 19, 2026
Final Rejection mailed — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
65%
Grant Probability
82%
With Interview (+16.6%)
3y 7m (~6m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 630 resolved cases by this examiner. Grant probability derived from career allowance rate.

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