DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “means for receiving”, “means for selecting” and “means for transmitting” in claim 47.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification (particularly in paragraphs [0128]-[0129]; [0132]) as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claims 1-13 and 31-47 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 1 recites “the UE”. It is unclear as to which UE it is being referred to as there are multiple UEs introduced earlier in the claim (e.g., UE in the preamble and “one or more UEs”), rendering the claim indefinite. Similar rejection applies to claims 31, 44 and 47.
Response to Arguments
Applicant's arguments filed 05/15/2026 have been fully considered but they are not persuasive.
Applicant argues “nowhere does Rao disclose a UE ‘receiving, from a base station, an indication of a degree of UE loading for at least one of a plurality of reconfigurable reflective surfaces, the degree of UE loading comprising a degree of use of the at least one reconfigurable reflective surface by one or more UEs.’ For example, the ‘resources for sending probing transmissions and other configuration parameters’ described in the cited Paragraph [0211] of Rao are unrelated to a ‘degree of UE loading comprising a degree of use of the at least one reconfigurable reflective surface by one or more UEs’” (see remarks pg. 12).
In response to applicant’s argument, the examiner respectfully disagrees because the claim broadly recites “degree of use”, but does not go into detail as to how it is being used. Accordingly, in the broadest reasonable interpretation Rao’s amount of resources reads on the claimed “degree of use”. To further explain, paragraph [0211] discloses “The WTRU may receive the resources for sending probing transmissions and other configuration parameters on accessing connectivity options (e.g. number of probing transmissions, amount of resources for sending reference signals, periodicity configured for sending reference signals, Tx power, RACH occasions, beam indicator)”, where the resources (e.g., amount of resources for sending reference signals) the WTRU receives for accessing connectivity options (i.e., reconfigurable reflective surface) reads on the claimed “degree of use of the at least one reconfigurable reflective surface by one or more UEs”. This interpretation is reasonable as the claim broadly recites “degree of use”. Therefore, the argument is not found persuasive.
Claim Rejections - 35 USC § 102
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 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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 11, 31, 41, 44 and 47 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Rao et al. (US 2023/0337269 A1, hereinafter “Rao”).
As to claim 1:
Rao discloses a method for wireless communications at a user equipment (UE) (WTRU method; see [0203]-[0218]), comprising:
receiving, from a base station, an indication of a degree of UE loading for at least one of a plurality of reconfigurable reflective surfaces (“The WTRU may receive the resources for sending probing transmissions and other configuration parameters on accessing connectivity options (e.g. number of probing transmissions, amount of resources for sending reference signals, periodicity configured for sending reference signals, Tx power, RACH occasions, beam indicator) from the serving cell during configuration of the criteria for triggering the sensing, for example”; [0210]-[0211] “a connectivity option (e.g. reflective surface)”; [0215] ; [0203]-[0204] note 1: resources for sending probing transmissions and other configuration parameters on accessing connectivity options (e.g. number of probing transmissions, amount of resources for sending reference signals, periodicity configured for sending reference signals, Tx power, RACH occasions, beam indicator = degree of UE loading, note 2: connectivity options = reconfigurable reflective surfaces), the degree of UE loading comprising a degree of use of the at least one reconfigurable reflective surface by one or more UEs (“The WTRU may receive the resources for sending probing transmissions and other configuration parameters on accessing connectivity options (e.g. number of probing transmissions, amount of resources for sending reference signals, periodicity configured for sending reference signals, Tx power, RACH occasions, beam indicator) from the serving cell during configuration of the criteria for triggering the sensing, for example”; [0210]-[0211] “a connectivity option (e.g. reflective surface)”; [0215] ; [0203]-[0204] note 1: resources for sending probing transmissions and other configuration parameters on accessing connectivity options (e.g. number of probing transmissions, amount of resources for sending reference signals, periodicity configured for sending reference signals, Tx power, RACH occasions, beam indicator = degree of UE loading, note 2: connectivity options = reconfigurable reflective surfaces);
selecting a reconfigurable reflective surface of the plurality of reconfigurable reflective surfaces for use in the communications between the UE and the base station (“the WTRU may select a connectivity option (e.g. reflective surface) as a candidate”; [0215] “the WTRU may perform XR related sensing to determine one or more alternative connectivity options for either extending the existing connectivity to the serving cell (e.g. serving gNB) or establishing new connectivity to a target cell (e.g. target gNB). The alternative connectivity options that may be determined by the WTRU may include alternative beams, cells, relay nodes, TRPs, sidelink relay WTRUs and intelligent reflective surfaces, for example”; [0203]-[0204] note: connectivity option = reconfigurable reflective surface, connectivity options = reconfigurable reflective surfaces) based at least in part on the degree of UE loading of the selected reconfigurable reflective surface (“The WTRU may determine the candidate connectivity options, when the criteria for triggering the sensing of the candidate connectivity options are satisfied, based on following sensing techniques… The WTRU may receive the resources for sending probing transmissions and other configuration parameters on accessing connectivity options (e.g. number of probing transmissions, amount of resources for sending reference signals, periodicity configured for sending reference signals, Tx power, RACH occasions, beam indicator) from the serving cell during configuration of the criteria for triggering the sensing, for example”; [0210]-[0211]); and
transmitting a signal to the base station via the selected reconfigurable reflective surface (“WTRU Sends Information on Selected Connectivity Options for Ensuring Path Continuity to Serving gNB”; [0218]).
As to claim 11:
Rao further discloses wherein receiving the indication of the degree of UE loading further comprises: receiving a message comprising the indication of the degree of UE loading, the message being a downlink control information message, a radio resource control message, or a medium access control control element message (“The WTRU may receive the resources for sending probing transmissions and other configuration parameters on accessing connectivity options (e.g. number of probing transmissions, amount of resources for sending reference signals, periodicity configured for sending reference signals, Tx power, RACH occasions, beam indicator) from the serving cell during configuration of the criteria for triggering the sensing, for example”; [0211] “The WTRU may be configured with non-RF signals/resources by the network (e.g. via dedicated RRC signaling, broadcast SIB, MAC CE) for performing data communications and/or positioning/sensing, for example”; [0126]).
As to claim 31:
Rao discloses a user equipment (UE) (WTRU; see [0203]-[0218]), comprising: one or more memories storing processor-executable code (“computer-readable instructions stored on a computer-readable medium”; [0376]); and one or more processors coupled with the one or more memories and operable to execute the code to cause the UE to (“computer-readable instructions stored on a computer-readable medium. The computer-readable instructions may be executed by a processor of a mobile unit”; see Fig. 1b; [0376]):
receive, from a base station, an indication of a degree of UE loading for at least one of a plurality of reconfigurable reflective surfaces (“The WTRU may receive the resources for sending probing transmissions and other configuration parameters on accessing connectivity options (e.g. number of probing transmissions, amount of resources for sending reference signals, periodicity configured for sending reference signals, Tx power, RACH occasions, beam indicator) from the serving cell during configuration of the criteria for triggering the sensing, for example”; [0210]-[0211] “a connectivity option (e.g. reflective surface)”; [0215] ; [0203]-[0204] note 1: resources for sending probing transmissions and other configuration parameters on accessing connectivity options (e.g. number of probing transmissions, amount of resources for sending reference signals, periodicity configured for sending reference signals, Tx power, RACH occasions, beam indicator = degree of UE loading, note 2: connectivity options = reconfigurable reflective surfaces), the degree of UE loading comprising a degree of use of the at least one reconfigurable reflective surface by one or more UEs (“The WTRU may receive the resources for sending probing transmissions and other configuration parameters on accessing connectivity options (e.g. number of probing transmissions, amount of resources for sending reference signals, periodicity configured for sending reference signals, Tx power, RACH occasions, beam indicator) from the serving cell during configuration of the criteria for triggering the sensing, for example”; [0210]-[0211] “a connectivity option (e.g. reflective surface)”; [0215] ; [0203]-[0204] note 1: resources for sending probing transmissions and other configuration parameters on accessing connectivity options (e.g. number of probing transmissions, amount of resources for sending reference signals, periodicity configured for sending reference signals, Tx power, RACH occasions, beam indicator = degree of UE loading, note 2: connectivity options = reconfigurable reflective surfaces);
select a reconfigurable reflective surface of the plurality of reconfigurable reflective surfaces for use in communications between the UE and the base station (“the WTRU may select a connectivity option (e.g. reflective surface) as a candidate”; [0215] “the WTRU may perform XR related sensing to determine one or more alternative connectivity options for either extending the existing connectivity to the serving cell (e.g. serving gNB) or establishing new connectivity to a target cell (e.g. target gNB). The alternative connectivity options that may be determined by the WTRU may include alternative beams, cells, relay nodes, TRPs, sidelink relay WTRUs and intelligent reflective surfaces, for example”; [0203]-[0204] note: connectivity option = reconfigurable reflective surface, connectivity options = reconfigurable reflective surfaces) based at least in part on the degree of UE loading of the selected reconfigurable reflective surface (“The WTRU may determine the candidate connectivity options, when the criteria for triggering the sensing of the candidate connectivity options are satisfied, based on following sensing techniques… The WTRU may receive the resources for sending probing transmissions and other configuration parameters on accessing connectivity options (e.g. number of probing transmissions, amount of resources for sending reference signals, periodicity configured for sending reference signals, Tx power, RACH occasions, beam indicator) from the serving cell during configuration of the criteria for triggering the sensing, for example”; [0210]-[0211]); and
transmit a signal to the base station via the selected reconfigurable reflective surface (“WTRU Sends Information on Selected Connectivity Options for Ensuring Path Continuity to Serving gNB”; [0218]).
As to claim 41:
Rao further discloses wherein, to receive the indication of the degree of UE loading, the one or more processors are further operable to execute the code to cause the UE to (“computer-readable instructions stored on a computer-readable medium. The computer-readable instructions may be executed by a processor of a mobile unit”; see Fig. 1b; [0376]):
receive a message comprising the indication of the degree of UE loading, the message being a downlink control information message, a radio resource control message, or a medium access control control element message (“The WTRU may receive the resources for sending probing transmissions and other configuration parameters on accessing connectivity options (e.g. number of probing transmissions, amount of resources for sending reference signals, periodicity configured for sending reference signals, Tx power, RACH occasions, beam indicator) from the serving cell during configuration of the criteria for triggering the sensing, for example”; [0211] “The WTRU may be configured with non-RF signals/resources by the network (e.g. via dedicated RRC signaling, broadcast SIB, MAC CE) for performing data communications and/or positioning/sensing, for example”; [0126]).
As to claim 44:
Rao discloses a non-transitory computer-readable medium storing code for wireless communications, the code comprising instructions executable by one or more processors to (“computer-readable instructions stored on a computer-readable medium. The computer-readable instructions may be executed by a processor of a mobile unit”; [0376]):
receive, from a base station, an indication of a degree of user equipment (UE) loading for at least one of a plurality of reconfigurable reflective surfaces (“The WTRU may receive the resources for sending probing transmissions and other configuration parameters on accessing connectivity options (e.g. number of probing transmissions, amount of resources for sending reference signals, periodicity configured for sending reference signals, Tx power, RACH occasions, beam indicator) from the serving cell during configuration of the criteria for triggering the sensing, for example”; [0210]-[0211] “a connectivity option (e.g. reflective surface)”; [0215] ; [0203]-[0204] note 1: resources for sending probing transmissions and other configuration parameters on accessing connectivity options (e.g. number of probing transmissions, amount of resources for sending reference signals, periodicity configured for sending reference signals, Tx power, RACH occasions, beam indicator = degree of UE loading, note 2: connectivity options = reconfigurable reflective surfaces), the degree of UE loading comprising a degree of use of the at least one reconfigurable reflective surface by one or more UEs (“The WTRU may receive the resources for sending probing transmissions and other configuration parameters on accessing connectivity options (e.g. number of probing transmissions, amount of resources for sending reference signals, periodicity configured for sending reference signals, Tx power, RACH occasions, beam indicator) from the serving cell during configuration of the criteria for triggering the sensing, for example”; [0210]-[0211] “a connectivity option (e.g. reflective surface)”; [0215] ; [0203]-[0204] note 1: resources for sending probing transmissions and other configuration parameters on accessing connectivity options (e.g. number of probing transmissions, amount of resources for sending reference signals, periodicity configured for sending reference signals, Tx power, RACH occasions, beam indicator = degree of UE loading, note 2: connectivity options = reconfigurable reflective surfaces);
select a reconfigurable reflective surface of the plurality of reconfigurable reflective surfaces for use in communications between the UE and the base station (“the WTRU may select a connectivity option (e.g. reflective surface) as a candidate”; [0215] “the WTRU may perform XR related sensing to determine one or more alternative connectivity options for either extending the existing connectivity to the serving cell (e.g. serving gNB) or establishing new connectivity to a target cell (e.g. target gNB). The alternative connectivity options that may be determined by the WTRU may include alternative beams, cells, relay nodes, TRPs, sidelink relay WTRUs and intelligent reflective surfaces, for example”; [0203]-[0204] note: connectivity option = reconfigurable reflective surface, connectivity options = reconfigurable reflective surfaces) based at least in part on the degree of UE loading of the selected reconfigurable reflective surface (“The WTRU may determine the candidate connectivity options, when the criteria for triggering the sensing of the candidate connectivity options are satisfied, based on following sensing techniques… The WTRU may receive the resources for sending probing transmissions and other configuration parameters on accessing connectivity options (e.g. number of probing transmissions, amount of resources for sending reference signals, periodicity configured for sending reference signals, Tx power, RACH occasions, beam indicator) from the serving cell during configuration of the criteria for triggering the sensing, for example”; [0210]-[0211]); and
transmit a signal to the base station via the selected reconfigurable reflective surface (“WTRU Sends Information on Selected Connectivity Options for Ensuring Path Continuity to Serving gNB”; [0218]).
As to claim 47:
Rao discloses a user equipment (UE) for wireless communications (WTRU; see [0203]-[0218]), comprising:
means for receiving (“a transceiver 120, a transmit/receive element 122”; Fig. 1B [0031]), from a base station, an indication of a degree of UE loading for at least one of a plurality of reconfigurable reflective surfaces (“The WTRU may receive the resources for sending probing transmissions and other configuration parameters on accessing connectivity options (e.g. number of probing transmissions, amount of resources for sending reference signals, periodicity configured for sending reference signals, Tx power, RACH occasions, beam indicator) from the serving cell during configuration of the criteria for triggering the sensing, for example”; [0210]-[0211] “a connectivity option (e.g. reflective surface)”; [0215] ; [0203]-[0204] note 1: resources for sending probing transmissions and other configuration parameters on accessing connectivity options (e.g. number of probing transmissions, amount of resources for sending reference signals, periodicity configured for sending reference signals, Tx power, RACH occasions, beam indicator = degree of UE loading, note 2: connectivity options = reconfigurable reflective surfaces), the degree of UE loading comprising a degree of use of the at least one reconfigurable reflective surface by one or more UEs (“The WTRU may receive the resources for sending probing transmissions and other configuration parameters on accessing connectivity options (e.g. number of probing transmissions, amount of resources for sending reference signals, periodicity configured for sending reference signals, Tx power, RACH occasions, beam indicator) from the serving cell during configuration of the criteria for triggering the sensing, for example”; [0210]-[0211] “a connectivity option (e.g. reflective surface)”; [0215] ; [0203]-[0204] note 1: resources for sending probing transmissions and other configuration parameters on accessing connectivity options (e.g. number of probing transmissions, amount of resources for sending reference signals, periodicity configured for sending reference signals, Tx power, RACH occasions, beam indicator = degree of UE loading, note 2: connectivity options = reconfigurable reflective surfaces);
means for selecting (“processor 118”; Fig. 1B [0031]) a reconfigurable reflective surface of the plurality of reconfigurable reflective surfaces for use in communications between the UE and the base station (“the WTRU may select a connectivity option (e.g. reflective surface) as a candidate”; [0215] “the WTRU may perform XR related sensing to determine one or more alternative connectivity options for either extending the existing connectivity to the serving cell (e.g. serving gNB) or establishing new connectivity to a target cell (e.g. target gNB). The alternative connectivity options that may be determined by the WTRU may include alternative beams, cells, relay nodes, TRPs, sidelink relay WTRUs and intelligent reflective surfaces, for example”; [0203]-[0204] note: connectivity option = reconfigurable reflective surface, connectivity options = reconfigurable reflective surfaces) based at least in part on the degree of UE loading of the selected reconfigurable reflective surface (“The WTRU may determine the candidate connectivity options, when the criteria for triggering the sensing of the candidate connectivity options are satisfied, based on following sensing techniques… The WTRU may receive the resources for sending probing transmissions and other configuration parameters on accessing connectivity options (e.g. number of probing transmissions, amount of resources for sending reference signals, periodicity configured for sending reference signals, Tx power, RACH occasions, beam indicator) from the serving cell during configuration of the criteria for triggering the sensing, for example”; [0210]-[0211]); and
means for transmitting (“a transceiver 120, a transmit/receive element 122”; Fig. 1B [0031]) a signal to the base station via the selected reconfigurable reflective surface (“WTRU Sends Information on Selected Connectivity Options for Ensuring Path Continuity to Serving gNB”; [0218]).
Allowable Subject Matter
Claims 2-10, 12-13, 32-40, 42-43 and 45-46 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.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 MARIELA VIDAL CARPIO whose telephone number is (571)272-1250. The examiner can normally be reached M-F 8:00AM to 5:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ayaz Sheikh can be reached at (571)272-3795. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARIELA VIDAL CARPIO/Primary Examiner, Art Unit 2476
Prosecution Insights