Prosecution Insights
Last updated: April 19, 2026
Application No. 18/263,122

ORBITAL ANGULAR MOMENTUM TRANSMITTER CIRCLE SELECTION

Final Rejection §103
Filed
Jul 26, 2023
Examiner
WEISSBERGER, LUNA T
Art Unit
2415
Tech Center
2400 — Computer Networks
Assignee
Qualcomm Incorporated
OA Round
2 (Final)
75%
Grant Probability
Favorable
3-4
OA Rounds
3y 3m
To Grant
99%
With Interview

Examiner Intelligence

Grants 75% — above average
75%
Career Allow Rate
159 granted / 212 resolved
+17.0% vs TC avg
Strong +26% interview lift
Without
With
+25.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
37 currently pending
Career history
249
Total Applications
across all art units

Statute-Specific Performance

§101
2.6%
-37.4% vs TC avg
§103
70.8%
+30.8% vs TC avg
§102
10.0%
-30.0% vs TC avg
§112
12.3%
-27.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 212 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 . The Examiner thanks the Applicant for the well-prepared amendment. The Examiner appreciates the Applicant’s effort to carefully analyze the Office action, and make appropriate arguments and amendments. Status of Claims Claims 1, 3-8 and 31-41 responded on January 28, 2026 are pending. Response to Arguments Applicant's arguments, see pg. 9-10, filed January 28, 2026, with respect to claims 1, 5 and 8 have been fully considered but they are not persuasive. Claims 1, 5 and 8 do not have figures corresponding to the independent claims. For example, the closest steps to claim 1 is figure 9 and [0197-0200]. Claim 1 recite receiving step 1910 prior to transmitting step 1905 and the determining step is after reference signal has been transmitted. Applicant’s argument is based on the Fig. 9 not claim 1. It would be helpful to clarify the logical steps based on the drawing or correct the drawing based on the claims. Since the reference signal has already been transmitted, determining step would be based on already transmitted reference signal and parameter (configuration from Alavi). It would not be matter whether static assignment or dynamic assignment. The similar argument apply on claims 4, 5, and 8. Drawings The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the claim 1 does (or Fig. 19-20 do not comply with claims 1 and 4) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. The drawings are objected to because claims 5 and. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. 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, 3-8 and 31-32, 34-39 and 41 is/are rejected under 35 U.S.C. 103 as being unpatentable over Alavi et al. (US 2019/0334609 A1, hereinafter "Alavi") in view of Sasaki et al. (US 2020/0296599 A1, hereinafter "Sasaki"). Regarding claim 1, Alavi discloses a first device (Alavi, Fig. 14 1400) for wireless communication, the first device comprising: a memory (Alavi, Fig. 14 1424); and at least one processor coupled to the memory (Alavi, Fig. 14 1402), wherein the at least one processor is configured to: receive, from a second device, an indication of one or more parameters associated with communications between the second device and the first device (Alavi, [0103] a UE (i.e. first device) may communicate data (e.g., using a PDSCH and/or a PUSCH) with a small cell or secondary cell (i.e. second device) while configured by a larger serving cell or primary cell and receiving control signals (i.e. indication) from the primary cell (with a PDCCH)); transmit a signal using a center transmitter circle of a plurality of transmitter circles, the center transmitter circle being at a center of one or more of the plurality of transmitter circles (Alavi, [0060] The m=0 OAM mode is a traditional plane wave mode in the far field, and this would be generated by the innermost antenna 610a. In general, a respective concentric ring of antenna elements may be energized with a respective signal (i.e. reference signal) having a continuously varying progressive phase between the antenna elements. The phase difference between antenna elements in a concentric ring of a antenna elements is 2 nm/a where m is the OAM mode generated by the concentric ring); determine, based at least in part on the signal and the one or more parameters (Alavi, [0053] the OAM system determines the system architecture, depending on the OAM mode transmission technique. The OAM communication system may be used to transmit separate data streams across different OAM modes, or to transmit one single data stream across multiple modes in order to provide space diversity to mitigate a fading channel caused by multipath issues), a transmitter circle of the plurality of transmitter circles for an orbital angular momentum mode of a plurality of orbital angular momentum modes for communications with the second device (Alavi, [0050, 60] This means that an OAM beam of order m=0, for instance, does not interact with any other OAM mode order even with all modes propagating along the same axis within the same physical “free space” channel at essentially the same time; the m=+1 (or m=−1) OAM mode would be generated by the ring 620 comprising four patch antenna elements (indicated by the four squares in ring 620). The phase difference between each of the four antenna elements would be +2π/4 radians, i.e., +π/2 radians (or −π/2 radians for m=−1 mode order). The next ring 630, comprising eight elements, would generate the m=+2 (or m=−2) mode, thus the phase difference between each element would also be +π/2 radians (or −π/2 radians for m=−2). To generate the m=3 mode the outer most ring, with twelve elements, would also have a phase separation of +π/2 radians (or −π/2 radians for m=−3) between elements. The m=0 OAM mode is a traditional plane wave mode in the far field, and this would be generated by the innermost antenna); and transmit a message to the second device using the transmitter circle according to the orbital angular momentum mode (Alavi, [0047] OAM has been used in research for fiber optics and for optical components using laser beams, where data can be transmitted via multiple modes propagated along the axis of a single laser beam ). Alavi discloses signals but does not explicitly disclose reference signal. Sasaki from the same field of endeavor discloses transmit a reference signal (Sasaki, Fig. 3 [0043] the transmitting station 10 transmits a known reference signal); determine, based at least in part on the reference signal (Sasaki, Fig. 3 [0043] The transmitting station 10 determines a multiplex number and a transmission mode by using the fed-back channel information) and transmit a message to the second device using the transmitter circle according to the orbital angular momentum mode (Sasaki, Fig. 3 [0043] a transmitting weight multiplication process so as to generate an OAM mode signal, and subjects the signal to OAM multiplexing transmission). It would have been obvious for one with ordinary skill in the art before the effective filing date of the claimed invention to have modified signal disclosed by Alavi and reference signal disclosed by Sasaki with a motivation to make this modification in order to improve a transmission capacity, a spatial multiplex transmission technique for a radio signal using OAM has been reported (Sasaki, [0003]). Regarding claim 3, Alavi discloses wherein, to transmit the reference signal, the at least one processor is configured to: transmit the reference signal using a set of reference signal resources for the reference signal, wherein the reference signal, the set of reference signal resources, or both are unique to the transmitter circle (Alavi, [abstract] The OAM-based multiplexing further includes generating a set of antenna element-specific signals corresponding to individual antenna elements of an antenna array. Individual ones of the antenna element-specific signals are based on corresponding distinct data streams). Regarding claim 4, Alavi discloses a first device (Alavi, Fig. 14 1400) for wireless communication, the first device comprising: a memory (Alavi, Fig. 14 1424); and at least one processor coupled to the memory (Alavi, Fig. 14 1402), wherein the at least one processor is configured to: transmit one or more signals according to a respective orbital angular momentum mode of a plurality of orbital angular momentum modes via each transmitter circle of a plurality of transmitter circles (Alavi, [0060] The m=0 OAM mode is a traditional plane wave mode in the far field, and this would be generated by the innermost antenna 610a. In general, a respective concentric ring of antenna elements may be energized with a respective signal (i.e. reference signal) having a continuously varying progressive phase between the antenna elements. The phase difference between antenna elements in a concentric ring of a antenna elements is 2 nm/a where m is the OAM mode generated by the concentric ring); receive a plurality of channel gain measurements, wherein each channel gain measurement of the plurality of channel gain measurements is associated with a respective orbital angular momentum mode-transmitter circle pairing based at least in part on the one or more reference signals (Alavi, [0060,0072] other communication performance measure, may be reported back to the transmitting device. In response, the transmitting device may vary the beam-steering direction for the antenna element-specific signals I until a maximum or sufficiently high performance measure (e.g.,meeting predefined criteria) is attained by the OAM-multiplexed channels; a phasing mechanism to simultaneously transmit/receive multiple orthogonal mode channels over a communicating pair of circular antenna arrays, and steer the beam to off-axis directions); and transmit one or more messages to a second device using one or more transmitter circles (Alavi, [abstract, 0053] Orbital angular momentum (OAM)-based multiplexing includes accessing distinct data streams to be multiplexed and transmitted according to a corresponding plurality of OAM modes; the OAM system determines the system architecture, depending on the OAM mode transmission technique. The OAM communication system may be used to transmit separate data streams across different OAM modes, or to transmit one single data stream across multiple modes in order to provide space diversity to mitigate a fading channel caused by multipath issues). Alavi discloses signals but does not explicitly disclose reference signal and according to a power loading scheme based at least in part on the plurality of channel gain measurements, wherein the power loading scheme is associated with one or more orbital angular momentum modes of the plurality of orbital angular momentum modes. Sasaki from the same field of endeavor discloses transmit one or more reference signals (Sasaki, Fig. 3 [0043] the transmitting station 10 transmits a known reference signal) and transmit one or more messages to a second device using one or more transmitter circles according to a power loading scheme based at least in part on the plurality of channel gain measurements, wherein the power loading scheme is associated with one or more orbital angular momentum modes of the plurality of orbital angular momentum modes (Sasaki, table 3 [0088] from…Table 3, the transmitting and receiving antennae adaptively select a modulation method or an encoding method according to a reception SNR for each mode by taking into consideration superimposed noise). It would have been obvious for one with ordinary skill in the art before the effective filing date of the claimed invention to have modified signal disclosed by Alavi and reference signal disclosed by Sasaki with a motivation to make this modification in order to improve a transmission capacity, a spatial multiplex transmission technique for a radio signal using OAM has been reported (Sasaki, [0003]). Regarding claim 31, Alavi discloses transmitting an indication of an association between a set of reference signal resources for the one or more reference signals and a respective orbital angular momentum mode-transmitter circle pairing (Alavi, [0072, 0103] a phasing mechanism to simultaneously transmit/receive multiple orthogonal mode channels over a communicating pair of circular antenna arrays, and steer the beam to off-axis directions; a UE (i.e. first device) may communicate data (e.g., using a PDSCH and/or a PUSCH) with a small cell or secondary cell (i.e. second device) while configured by a larger serving cell or primary cell and receiving control signals (i.e. indication) from the primary cell (with a PDCCH)). Regarding claim 5, Alavi discloses a first device for wireless communication, the first device comprising: a memory (Alavi, Fig. 14 1424); and at least one processor coupled to the memory (Alavi, Fig. 14 1402), wherein the at least one processor is configured to: receive, from a second device, an indication of one or more parameters associated with communications between the second device and the first device (Alavi, [0103] a UE (i.e. first device) may communicate data (e.g., using a PDSCH and/or a PUSCH) with a small cell or secondary cell (i.e. second device) while configured by a larger serving cell or primary cell and receiving control signals (i.e. indication) from the primary cell (with a PDCCH)); determine, based at least in part on the one or more parameters (Alavi, [0053] the OAM system determines the system architecture, depending on the OAM mode transmission technique. The OAM communication system may be used to transmit separate data streams across different OAM modes, or to transmit one single data stream across multiple modes in order to provide space diversity to mitigate a fading channel caused by multipath issues), a transmitter circle of a plurality of transmitter circles for an orbital angular momentum mode of a plurality of orbital angular momentum modes for communications with the second device (Alavi, [0050, 60] This means that an OAM beam of order m=0, for instance, does not interact with any other OAM mode order even with all modes propagating along the same axis within the same physical “free space” channel at essentially the same time; the m=+1 (or m=−1) OAM mode would be generated by the ring 620 comprising four patch antenna elements (indicated by the four squares in ring 620). The phase difference between each of the four antenna elements would be +2π/4 radians, i.e., +π/2 radians (or −π/2 radians for m=−1 mode order). The next ring 630, comprising eight elements, would generate the m=+2 (or m=−2) mode, thus the phase difference between each element would also be +π/2 radians (or −π/2 radians for m=−2). To generate the m=3 mode the outer most ring, with twelve elements, would also have a phase separation of +π/2 radians (or −π/2 radians for m=−3) between elements. The m=0 OAM mode is a traditional plane wave mode in the far field, and this would be generated by the innermost antenna); transmit a message to the second device using the transmitter circle according to the orbital angular momentum mode (Alavi, [0047] OAM has been used in research for fiber optics and for optical components using laser beams, where data can be transmitted via multiple modes propagated along the axis of a single laser beam ); transmit a first signal of a first polarization according to a first orbital angular momentum mode of the plurality of orbital angular momentum modes using the transmitter circle of the plurality of transmitter circles (Alavi, [0060] The m=0 OAM mode is a traditional plane wave mode in the far field, and this would be generated by the innermost antenna 610a. In general, a respective concentric ring of antenna elements may be energized with a respective signal (i.e. reference signal) having a continuously varying progressive phase between the antenna elements. The phase difference between antenna elements in a concentric ring of a antenna elements is 2 nm/a where m is the OAM mode generated by the concentric ring); and transmit a second signal of a second polarization according to the first orbital angular momentum mode of the plurality of orbital angular momentum modes using the transmitter circle of the plurality of transmitter circles, the second polarization different from the first polarization (Alavi, [0060] The m=0 OAM mode is a traditional plane wave mode in the far field, and this would be generated by the innermost antenna 610a. In general, a respective concentric ring of antenna elements may be energized with a respective signal (i.e. reference signal) having a continuously varying progressive phase between the antenna elements. The phase difference between antenna elements in a concentric ring of a antenna elements is 2 nm/a where m is the OAM mode generated by the concentric ring). Alavi discloses signals but does not explicitly disclose reference signal. Sasaki from the same field of endeavor discloses transmit a reference signal (Sasaki, Fig. 3 [0043] the transmitting station 10 transmits a known reference signal). It would have been obvious for one with ordinary skill in the art before the effective filing date of the claimed invention to have modified signal disclosed by Alavi and reference signal disclosed by Sasaki with a motivation to make this modification in order to improve a transmission capacity, a spatial multiplex transmission technique for a radio signal using OAM has been reported (Sasaki, [0003]). Regarding claim 6, Alavi discloses a polar converter but does not explicitly disclose transmit a first data stream of the first polarization according to the first orbital angular momentum mode using the transmitter circle; and transmit a second data stream of the second polarization according to the first orbital angular momentum mode using the transmitter circle. Sasaki from the same field of endeavor discloses transmit a first data stream of the first polarization according to the first orbital angular momentum mode using the transmitter circle; and transmit a second data stream of the second polarization according to the first orbital angular momentum mode using the transmitter circle (Sasaki, [0013] an OAM multiplexing communication system and an OAM multiplexing communication method capable of generating one or more modes in a diameter direction dimension from each OAM mode and generating a plurality of complex modes in a smaller number of devices and a small amount of calculation than in the related art, in addition to an OAM mode having orthogonality in a rotational direction dimension in a polar coordinate system by using a multi-UCA (M-UCA) in which a plurality of UCAs are concentrically disposed). It would have been obvious for one with ordinary skill in the art before the effective filing date of the claimed invention to have modified signal disclosed by Alavi and reference signal disclosed by Sasaki with a motivation to make this modification in order to improve a transmission capacity, a spatial multiplex transmission technique for a radio signal using OAM has been reported (Sasaki, [0003]). Regarding claim 7, Alavi discloses the transmitter circle comprises a plurality of antenna sub-arrays but does not explicitly disclose each antenna sub-array comprising a first antenna element associated with transmissions of the first polarization and a second antenna element associated with transmissions of the second polarization; and each of the first and second reference signals is transmitted using a respective antenna sub-array of the plurality of antenna sub-arrays. Sasaki from the same field of endeavor discloses each antenna sub-array comprising a first antenna element associated with transmissions of the first polarization and a second antenna element associated with transmissions of the second polarization; and each of the first and second reference signals is transmitted using a respective antenna sub-array of the plurality of antenna sub-arrays (Sasaki, [0014] an OAM multiplexing communication system that subjects a plurality of signal sequences to multiplex transmission by using an OAM mode as a base in a rotational direction dimension includes a transmitting station including a transmitting antenna using an M-UCA formed of a plurality of UCAs that are concentrically disposed, each of the UCAs having a plurality of antenna elements disposed circularly at an equal interval, and a unit performing basis transformation in each of the rotational direction dimension and a diameter direction dimension in a polar coordinate system having a center of the plurality of UCAs as an origin, and subjecting the plurality of signal sequences to multiplex transmission for each complex mode formed by a combination of different bases in each dimension). It would have been obvious for one with ordinary skill in the art before the effective filing date of the claimed invention to have modified signal disclosed by Alavi and reference signal disclosed by Sasaki with a motivation to make this modification in order to improve a transmission capacity, a spatial multiplex transmission technique for a radio signal using OAM has been reported (Sasaki, [0003]). Regarding claim 32, Alavi discloses wherein the one or more parameters comprise a respective transmitter circle for each orbital angular momentum mode of the plurality of orbital angular momentum modes based at least in part on the first reference signal and the second reference signal (Alavi, [0053] the OAM system determines the system architecture, depending on the OAM mode transmission technique. The OAM communication system may be used to transmit separate data streams across different OAM modes, or to transmit one single data stream across multiple modes in order to provide space diversity to mitigate a fading channel caused by multipath issues). Regarding claim 34, Alavi discloses wherein the one or more parameters comprise a channel gain measurement associated with each transmitted reference signal (Alavi, [0047, 53] in order to obtain the channel capacity gains that are required, there is a need to be able to generate multiple orthogonal modes at the same time along the same propagation path and/or along the same propagation environment; the OAM system determines the system architecture, depending on the OAM mode transmission technique. The OAM communication system may be used to transmit separate data streams across different OAM modes, or to transmit one single data stream across multiple modes in order to provide space diversity to mitigate a fading channel caused by multipath issues). Regarding claim 35, Alavi discloses wherein the one or more parameters comprise a channel gain measurement associated with each mode, wherein the channel gain measurement is a highest channel gain measurement associated with the orbital angular momentum mode (Alavi, [0060,0072] other communication performance measure, may be reported back to the transmitting device. In response, the transmitting device may vary the beam-steering direction for the antenna element-specific signals I until a maximum or sufficiently high performance measure (e.g.,meeting predefined criteria) is attained by the OAM-multiplexed channels; a phasing mechanism to simultaneously transmit/receive multiple orthogonal mode channels over a communicating pair of circular antenna arrays, and steer the beam to off-axis directions). Regarding claim 36, Alavi discloses wherein the one or more parameters comprise one or more channel parameters, or one or more receiver device parameters, or both (Alavi, [0060,0072] other communication performance measure, may be reported back to the transmitting device. In response, the transmitting device may vary the beam-steering direction for the antenna element-specific signals I until a maximum or sufficiently high performance measure (e.g.,meeting predefined criteria) is attained by the OAM-multiplexed channels; a phasing mechanism to simultaneously transmit/receive multiple orthogonal mode channels over a communicating pair of circular antenna arrays, and steer the beam to off-axis directions). Regarding 37, Avali does not explicitly disclose wherein the one or more channel parameters comprise a pathloss measurement between the second device and the first device (not given patentable weight due to not selected option), or a communication distance between the second device and the first device, or both. Sasaki from the same field of endeavor discloses herein the one or more channel parameters comprise a communication distance between the second device and the first device (Sasaki, [0089] a usage complex mode corresponding to a distance between antennae or weights to be multiplied in transmitting and receiving stations, and a table or a function for power allocation are prepared in advance). It would have been obvious for one with ordinary skill in the art before the effective filing date of the claimed invention to have modified signal disclosed by Alavi and reference signal disclosed by Sasaki with a motivation to make this modification in order to improve a transmission capacity, a spatial multiplex transmission technique for a radio signal using OAM has been reported (Sasaki, [0003]). Regarding claim 38, Alavi discloses wherein the one or more receiver device parameters comprises a radius of one or more receiver circles of the second device (Alavi, [0061] if one drew several imaginary concentric circles of different radius on the surface of the square array under discussion, all the antenna elements that a first circle intersects or includes would be the antennas that would generate a specific mode along that first circle. Then, the antennas that a second circle intersects would be the antennas that generate a second mode). Regarding claim 39, Alavi discloses calculating a channel gain for each orbital angular momentum mode-transmitter circle pairing based at least in part on the one or more parameters (Alavi, [0047] in order to obtain the channel capacity gains that are required, there is a need to be able to generate multiple orthogonal modes at the same time along the same propagation path and/or along the same propagation environment). Regarding claim 41, Alavi discloses transmitting, to the second device, a configuration message indicating the transmitter circle determined for the orbital angular momentum mode (Alavi, [0103] a UE may communicate data (e.g., using a PDSCH and/or a PUSCH) with a small cell or secondary cell while configured by a larger serving cell or primary cell and receiving control signals from the primary cell (with a PDCCH)). Regarding claim 8, Avali discloses a first device (Alavi, Fig. 14 1400) for wireless communication, the first device comprising: a memory (Alavi, Fig. 14 1424); and at least one processor coupled to the memory (Alavi, Fig. 14 1402), wherein the at least one processor is configured to: receive, from a second device, an indication of one or more parameters associated with communications between the second device and the first device (Alavi, [0103] a UE (i.e. first device) may communicate data (e.g., using a PDSCH and/or a PUSCH) with a small cell or secondary cell (i.e. second device) while configured by a larger serving cell or primary cell and receiving control signals (i.e. indication) from the primary cell (with a PDCCH)); determine, based at least in part on the one or more parameters (Alavi, [0053] the OAM system determines the system architecture, depending on the OAM mode transmission technique. The OAM communication system may be used to transmit separate data streams across different OAM modes, or to transmit one single data stream across multiple modes in order to provide space diversity to mitigate a fading channel caused by multipath issues), a transmitter circle of a plurality of transmitter circles for an orbital angular momentum mode of a plurality of orbital angular momentum modes for communications with the second device (Alavi, [0050, 60] This means that an OAM beam of order m=0, for instance, does not interact with any other OAM mode order even with all modes propagating along the same axis within the same physical “free space” channel at essentially the same time; the m=+1 (or m=−1) OAM mode would be generated by the ring 620 comprising four patch antenna elements (indicated by the four squares in ring 620). The phase difference between each of the four antenna elements would be +2π/4 radians, i.e., +π/2 radians (or −π/2 radians for m=−1 mode order). The next ring 630, comprising eight elements, would generate the m=+2 (or m=−2) mode, thus the phase difference between each element would also be +π/2 radians (or −π/2 radians for m=−2). To generate the m=3 mode the outer most ring, with twelve elements, would also have a phase separation of +π/2 radians (or −π/2 radians for m=−3) between elements. The m=0 OAM mode is a traditional plane wave mode in the far field, and this would be generated by the innermost antenna); and transmit a message to the second device using the transmitter circle according to the orbital angular momentum mode, wherein the transmitter circle comprises at least a center transmitter circle of the plurality of transmitter circles, and wherein the center transmitter circle is at a center of one or more of the plurality of transmitter circles (Alavi, [0060] The m=0 OAM mode is a traditional plane wave mode in the far field, and this would be generated by the innermost antenna 610a. In general, a respective concentric ring of antenna elements may be energized with a respective signal having a continuously varying progressive phase between the antenna elements. The phase difference between antenna elements in a concentric ring of a antenna elements is 2 nm/a where m is the OAM mode generated by the concentric ring). Alavi discloses mode 0 but does not explicitly disclose transmit a message to the second device using the transmitter circle according to the orbital angular momentum mode, is associated with mode 0. Sasaki discloses transmit a message to the second device using the transmitter circle according to the orbital angular momentum mode, is associated with mode 0 (Sasaki, [0038] generates M1 to ML signals respectively transmitted in OAM modes #1 (i.e. mode 0) to #L). It would have been obvious for one with ordinary skill in the art before the effective filing date of the claimed invention to have modified signal disclosed by Alavi and reference signal disclosed by Sasaki with a motivation to make this modification in order to improve a transmission capacity, a spatial multiplex transmission technique for a radio signal using OAM has been reported (Sasaki, [0003]). Claims 33 and 40 is/are rejected under 35 U.S.C. 103 as being unpatentable over Alavi et al. (US 2019/0334609 A1, hereinafter "Alavi") in view of Sasaki et al. (US 2020/0296599 A1, hereinafter "Sasaki") as applied to claim above, and further in view of Djordjevic et al. (US 10,205,591 B2, hereinafter "Djordjevic"). Regarding claim 33, Alavi discloses wherein the transmitter circle of the plurality of transmitter circles for the orbital angular momentum mode of the plurality of orbital angular momentum modes (Alavi, [0060,0072] other communication performance measure, may be reported back to the transmitting device. In response, the transmitting device may vary the beam-steering direction for the antenna element-specific signals I until a maximum or sufficiently high performance measure (e.g.,meeting predefined criteria) is attained by the OAM-multiplexed channels; a phasing mechanism to simultaneously transmit/receive multiple orthogonal mode channels over a communicating pair of circular antenna arrays, and steer the beam to off-axis directions) but does not discloses that is determined based at least in part on the indication of the transmitter circle selected for each orbital angular momentum mode, or a plurality of channel gain measurements, or both. Djordjevic from the same field of endeavor discloses wherein the transmitter circle of the plurality of transmitter circles for the orbital angular momentum mode of the plurality of orbital angular momentum modes is determined based at least in part on the indication of the transmitter circle selected for each orbital angular momentum mode, or a plurality of channel gain measurements, or both (Djordjevic, Col. 17-18 The RF-upconverter may also perform frequency division multiplexing. Alternatively, the coded 2L-dimensional RF signal can be further multiplexed in passband orthogonal division multiplexer 318, composed of 2K passband filters implemented by properly adjusting the gains and phases of elements of an antenna array, such as an OAM antenna array. According to aspects of the present invention, the passband filters' impulse responses are derived from Slepian sequences as well. The RF orthogonal division multiplexing results in an RF multiplexed sequence 32 across, e.g., a 4LK multidimensional signal, such as an OAM-mode carrier signal corresponding to the 2L baseband basis functions and 2K passband basis functions. The RF multiplexed signal 32 may be directed towards single or multiple wireless receivers. Alternatively, the RF multiplexed signal 32 may be used as an input to transmit OAM antenna). It would have been obvious for one with ordinary skill in the art before the effective filing date of the claimed invention to have to include the teachings of Djordjevic’s system for OAM mode into Alavi’s OAM process as modified by Sasaki with a motivation to make this modification in order to improve wireless communications utilizing OAM mode based wireless communication may be used for current and future wireless standards (Djordjevic, Col. 3). Regarding claim 40, Alavi discloses wherein the transmitter circle of the plurality of transmitter circles for the orbital angular momentum mode of the plurality of orbital angular momentum modes but does not explicitly disclose that is determined based at least in part on the channel gain calculated for each for a respective orbital angular momentum mode- transmitter circle pairing. Djordjevic from the same field of endeavor discloses wherein the transmitter circle of the plurality of transmitter circles for the orbital angular momentum mode of the plurality of orbital angular momentum modes is determined based at least in part on the channel gain calculated for each for a respective orbital angular momentum mode- transmitter circle pairing (Djordjevic, Col. 17-18 The RF-upconverter may also perform frequency division multiplexing. Alternatively, the coded 2L-dimensional RF signal can be further multiplexed in passband orthogonal division multiplexer 318, composed of 2K passband filters implemented by properly adjusting the gains and phases of elements of an antenna array, such as an OAM antenna array. According to aspects of the present invention, the passband filters' impulse responses are derived from Slepian sequences as well. The RF orthogonal division multiplexing results in an RF multiplexed sequence 32 across, e.g., a 4LK multidimensional signal, such as an OAM-mode carrier signal corresponding to the 2L baseband basis functions and 2K passband basis functions. The RF multiplexed signal 32 may be directed towards single or multiple wireless receivers. Alternatively, the RF multiplexed signal 32 may be used as an input to transmit OAM antenna). It would have been obvious for one with ordinary skill in the art before the effective filing date of the claimed invention to have to include the teachings of Djordjevic’s system for OAM mode into Alavi’s OAM process as modified by Sasaki with a motivation to make this modification in order to improve wireless communications utilizing OAM mode based wireless communication may be used for current and future wireless standards (Djordjevic, Col. 3). 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 LUNA WEISSBERGER whose telephone number is (571)272-3315. The examiner can normally be reached Monday-Friday 8:00am-5:30pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jeffrey Rutkowski can be reached at (571)270-1215. 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. /LUNA WEISSBERGER/ Examiner, Art Unit 2415
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Prosecution Timeline

Jul 26, 2023
Application Filed
Jun 10, 2025
Response after Non-Final Action
Oct 27, 2025
Non-Final Rejection — §103
Jan 28, 2026
Response Filed
Mar 17, 2026
Final Rejection — §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
75%
Grant Probability
99%
With Interview (+25.5%)
3y 3m
Median Time to Grant
Moderate
PTA Risk
Based on 212 resolved cases by this examiner. Grant probability derived from career allow rate.

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