Prosecution Insights
Last updated: April 19, 2026
Application No. 18/282,706

RADIO RELAY DEVICE AND RADIO RELAY METHOD

Final Rejection §103
Filed
Sep 18, 2023
Examiner
ESMAEILIAN, MAJID
Art Unit
2477
Tech Center
2400 — Computer Networks
Assignee
NTT Docomo Inc.
OA Round
2 (Final)
76%
Grant Probability
Favorable
3-4
OA Rounds
4y 0m
To Grant
99%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allow Rate
238 granted / 315 resolved
+17.6% vs TC avg
Strong +25% interview lift
Without
With
+24.8%
Interview Lift
resolved cases with interview
Typical timeline
4y 0m
Avg Prosecution
36 currently pending
Career history
351
Total Applications
across all art units

Statute-Specific Performance

§101
2.7%
-37.3% vs TC avg
§103
70.9%
+30.9% vs TC avg
§102
12.0%
-28.0% vs TC avg
§112
7.6%
-32.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 315 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 . DETAILED ACTION This is in reply to an amendment filed on 12/19/2025. Status of Claims are: ** Claims 1, 2, 5, 6 and 9 are amended. ** Claims 3 and 7 are cancelled. Response to Arguments Applicant’s arguments filed in the amendment filed 12/19/2025, have been fully considered but are moot in view of new grounds of rejection. The reasons set forth below. Prior Art U. S. Patent Pub No. US 20190166526 A1 to Xu et al., (hereinafter Xu) Claim Rejections - 35 USC § 103 4. 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. The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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. 5. Claims 1, 2, 4-6, and 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over US 20220271995 A1 to Dai et al., (hereinafter Dai) in view of US 20190166526 A1 to Xu et al., (hereinafter Xu). Claim 1. A radio relay device comprising: a controller (i.e., see para[0066], Fig. 5, #525 controller of RIS (i.e., a relay device)) that controls a relay state (i.e., controls signal/beam reflection or direction state) when a radio wave from a radio base station (i.e., BS) or a terminal (i.e., UE) is relayed (i.e., transmitted) without signal interpretation (i.e., see para[0063], when RIS acting as a passive device, hence just reflecting, without signal/beam reflection or direction determination); (Dai: See para[0063]-[0066], Fig. 5, #525, the “controller of RIS”, based on control information it received from base station (BS) #502, can indicates a beam direction to the RIS, for RIS reflecting beamformed communication received from BS, as impinging wave that is then transmitted to a particular UE and in a particular direction. See also, Fig. 7, #716 & #720) and a transceiver unit (Dai: See Fig. 3, #391, para[0052] controller of RIS performs transmission/reception for RIS) that transmits or receives a signal related to detection or identification to/from the radio base station or the terminal. (Dai: see Fig. 11A, #1110, #1110, “RIS discovery Request” message sent by UE and BS, to RIS, and in Fig. 11B, #1116, RIS replies back to UE and BS, with “Self-Identification Message” that identifies the RIS to UE and BS) Although Dai teaches controller of RIS (i.e., a relay device) receiving messages sent by UE via BS, however, it does not specifically indicate that such messaging can include at least one of: C-RNIT of the UE, or UE-ID, or PLMN of the UE, as understood by: wherein the transceiver receives information related to the terminal from the radio base station, and wherein the information related to the terminal comprises at least one of: a Cell Radio Network Temporary Identifier (C-RNTI), a User Equipment Identification (UE-ID), and information related to a Public land Mobile Network (PLMN) to which the terminal is connected. However, in a similar field, Xu in para[0460] and Fig. 7, #603, teaches, target DU (i.e., base station) allocates C-RNTI for the UE in the target cell wherein UE is located, and then transmits the C-RNTI of the UE to the CU (i.e., a relay node) via radio bearer configuration message. Dai teaches a reconfigurable intelligent surface (RIS) acquisition procedures wherein a message is sent by UE and BS to RIS. (Dai: See Fig. 3 and para[0052]) Xu teaches communication techniques for performing access for a UE wherein C-RNTI of UE is transmitted by a target DU (i.e., base station) to another entity such as CU (i.e., a relay node) via messaging. (Xu: See para[0460]) It would have been obvious to one of ordinary skill in the art before the time of effective filing, to have included messaging techniques, as taught by Xu, with the teachings of Dai, in order to benefit from enhancement of being able to transmit C-RNTI of a UE to CU of the network by a target DU. (Xu: See para[0460]) Claim 2. The radio relay device (i.e., RIS) according to claim 1, wherein the transceiver receives the signal for finding the radio base station or the terminal, or transmits the signal for finding the radio relay device. (Dai: see Fig. 11A, #1110, #1110, “RIS discovery Request” message sent by UE and BS, to RIS, and in Fig. 11B, #1116, RIS replies back to UE and BS, with “Self-Identification Message” that identifies the RIS to UE and BS) Claim 4. The radio relay device (i.e., RIS) according to claim 1, wherein the radio relay device (i.e., RIS) assumes that the terminal (i.e., UE) receives information (i.e., see Fig. 7, #722) related to the radio relay device (i.e., RIS) from the radio base station. (i.e., BS) (Dai: See Fig. 7, #722, and para[0079], information about RIS #706, is sent from BS (i.e., radio base station) to UE #704) Claim 5. The radio relay device (i.e., RIS) according to claim 1, wherein the controller (i.e., RIS control unit) controls the relay state by controlling at least one of reflection, transmission, aggregation, diffraction, and signal power change of a radio wave (i.e., signal) from the radio base station (i.e., BS) or the terminal (i.e., UE), and a reception or transmission beam. (Dai: See Fig. 7, #716, and para[0078], RIS #706 receives from BS, control signaling, that control the RIS’s reflection of a signal it receives from BS, and for when RIS transmits/relays such received signal towards the UE #704) Claim 6. A radio relay method comprising: a control step of (i.e., see para[0066], Fig. 5, #525 controller of RIS (i.e., a relay device)) controlling a relay state (i.e., controls signal/beam reflection or direction state) when a radio wave from a radio base station (i.e., BS) or a terminal (i.e., UE) is relayed without signal interpretation (i.e., see para[0063], when RIS acting as a passive device, hence just reflecting, without signal/beam reflection or direction determination); (Dai: See para[0063]-[0066], Fig. 5, #525, “controller of RIS”, based on control information it received from base station (BS) #502, can indicates a beam direction to the RIS, for reflecting beamformed communication received from BS, as impinging wave that is then transmitted to a particular UE and in a particular direction. See also, Fig. 7, #716 & #720) and a transmission/reception step of (Dai: See Fig. 3, #391, para[0052] controller of RIS performs transmission/reception for RIS) transmitting or receiving a signal related to detection or identification to/from the radio base station or the terminal. (Dai: see Fig. 11A, #1110, #1110, “RIS discovery Request” message sent by UE and BS, to RIS, and in Fig. 11B, #1116, RIS replies back to UE and BS, with “Self-Identification Message” that identifies the RIS to UE and BS) Although Dai teaches controller of RIS (i.e., a relay device) receiving messages sent by UE via BS, however, it does not specifically indicate that such messaging can include at least one of: C-RNIT of the UE, or UE-ID, or PLMN of the UE, as understood by: wherein the transceiver receives information related to the terminal from the radio base station, and wherein the information related to the terminal comprises at least one of: a Cell Radio Network Temporary Identifier (C-RNTI), a User Equipment Identification (UE-ID), and information related to a Public land Mobile Network (PLMN) to which the terminal is connected. However, in a similar field, Xu in para[0460] and Fig. 7, #603, teaches, target DU (i.e., base station) allocates C-RNTI for the UE in the target cell wherein UE is located, and then transmits the C-RNTI of the UE to the CU (i.e., a relay node) via radio bearer configuration message. Dai teaches a reconfigurable intelligent surface (RIS) acquisition procedures wherein a message is sent by UE and BS to RIS. (Dai: See Fig. 3 and para[0052]) Xu teaches communication techniques for performing access for a UE wherein C-RNTI of UE is transmitted by a target DU (i.e., base station) to another entity such as CU (i.e., a relay node) via messaging. (Xu: See para[0460]) It would have been obvious to one of ordinary skill in the art before the time of effective filing, to have included messaging techniques, as taught by Xu, with the teachings of Dai, in order to benefit from enhancement of being able to transmit C-RNTI of a UE to CU of the network by a target DU. (Xu: See para[0460]) Claim 8. The radio relay device (i.e., RIS) according to claim 2, wherein the radio relay device (i.e., RIS) assumes that the terminal (i.e., UE) receives information (i.e., see Fig. 7, #722) related to the radio relay device (i.e., RIS) from the radio base station. (i.e., BS) (Dai: See Fig. 7, #722, and para[0079], information about RIS #706, is sent directly from BS (i.e., radio base station) to UE #704 (i.e., terminal)) Claim 9. The radio relay device (i.e., RIS) according to claim 2, wherein the controller (i.e., RIS control unit) controls the relay state (i.e., controls signal/beam reflection or direction state) by controlling at least one of reflection, transmission, aggregation, diffraction, and signal power change of a radio wave from the radio base station (i.e., BS) or the terminal (i.e., UE), and a reception or transmission beam. (Dai: See Fig. 7, #716, and para[0078], RIS #706 receives from BS, control signaling, that control the RIS’s reflection of a signal it receives from BS, and for when RIS transmits/relays such received signal towards the UE #704) Conclusion 6. 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 extension fee 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 date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAJID ESMAEILIAN whose telephone number is (571)270-7830. The examiner can normally be reached on M-F. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chirag Shah can be reached on 571-272-3144. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /M. E./ Examiner, Art Unit 2477 /GREGORY B SEFCHECK/Primary Examiner, Art Unit 2477
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Prosecution Timeline

Sep 18, 2023
Application Filed
Sep 17, 2025
Non-Final Rejection — §103
Dec 19, 2025
Response Filed
Mar 15, 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
76%
Grant Probability
99%
With Interview (+24.8%)
4y 0m
Median Time to Grant
Moderate
PTA Risk
Based on 315 resolved cases by this examiner. Grant probability derived from career allow rate.

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