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 Rejections - 35 USC § 102
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 1-9, 16 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Zhu (Pub. No.: US 2024/0204398A1).
With respect to claim 1:
Zhu discloses an apparatus comprising: at least one processor (fig.2, item 202); and at least one memory (fig. 2, item 204) storing instructions that, when executed by the at least one processor, cause the apparatus at least to: perform communication with a network device via a reconfigurable intelligent surface, using at least one of a first channel (fig. 4, item H1) or a second channel (fig. 4, item H2), wherein the first channel is for a transmission to the reconfigurable intelligent surface (fig. 4, item 402 for transmission to 404) and the second channel is for a reception from the reconfigurable intelligent surface (fig. 4, item 406 for reception from 404).
With respect to claim 2:
Zhu discloses the apparatus of claim 1, wherein the apparatus is caused to: transmit, to the reconfigurable intelligent surface via the first channel, an indication of a detection of blockage of signals from the network device to the apparatus (parag. 0003 and 0041 discloses transmission of signal to RIS).
With respect to claim 3:
Zhu disclose the apparatus of claim 1, wherein the apparatus is further caused to: transmit, to the reconfigurable intelligent surface via the first channel, an indication to assist with communications between the apparatus and the network device (parag. 0003 discloses transmitting a control signal to RIS to control the parameter of one element).
With respect to claim 4:
Zhu discloses the apparatus of claim 1, wherein the apparatus is further caused to: receive, from the reconfigurable intelligent surface via the second channel, an indication indicating that the apparatus is to be connected with the reconfigurable intelligent surface (fig. 4, has two channels for transmitting H1 to RIS and H2 for receiving from RIS).
With respect to claim 5:
Zhu discloses the apparatus of claim 1, wherein the apparatus is further caused to: receive, from the reconfigurable intelligent surface via the second channel, a message indicating that a phase reconfiguration of the reconfigurable intelligent surface is completed (parag. 0118).
With respect to claim 6:
Zhu discloses the apparatus of claims 1, wherein the apparatus is further caused to: transmit, to the reconfigurable intelligent surface via the first channel, a reference signal (fig. 4 with Hi channel).
With respect to claim 7:
Zhu discloses the apparatus of claims 1, wherein the first channel and the second channel are a same channel Fig. 4 with H1 and H2).
With respect to claim 8:
Zhu discloses an apparatus of a reconfigurable intelligent surface (fig. 1, item 106), comprising: at least one processor (fig.3B, item 356); and at least one memory (fig. 3B with item 106 which is similar to fig. 2 as disclosed in parag. 0055) storing instructions that, when executed by the at least one processor, cause the apparatus at least to: engage in communication between a terminal device and a network device (fig. 1 shows RIS 106 engaged with terminal 102 and network 104), using at least one of a first channel or a second channel (fig. 4), wherein the first channel is for a reception from the terminal device (fig. 4, item 406 for reception from 404) and the second channel is for a transmission to the terminal device (fig. 4, item 402 for transmission to 404).
With respect to claim 9:
Zhu discloses the apparatus of claim 8, wherein the apparatus is further caused to: transmit, to the terminal device via the second channel, an indication indicating that the terminal device is to be connected with the apparatus (parag. 0068 and 0084).
With respect to claim 16:
Zhu discloses an apparatus, comprising: at least one processor (fig. 3A, item 302 is a processor); and at least one memory (fig. 3A, item 304 is the memory) storing instructions that, when executed by the at least one processor (fig. 3A, item 302 which is the processor), cause the apparatus at least to: perform communication with a terminal device via a reconfigurable intelligent surface. receive, from the reconfigurable intelligent surface, an indication that the terminal device detects blockage of signals from the apparatus (parag, 0034-0042 and fig. 1, items 104, and 102 are the apparatus and RIS 106 is the reconfigurable intelligent surface wherein 104 detect a blockage from 102); or determine that the terminal device is blocked from the apparatus based on a criterion check (parag, 0034-0042).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 10-15, 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Zhu (Pub. No.: US 2024/0204398A1) as applied to claim 8 above, and further in view of Jagyasi (Pub. No.: US 2025/0323689A1).
With respect to claim 10:
The rejection of claim 8 is incorporated; Zhu does not explicitly disclose wherein the apparatus is further caused to: receive a reference signal via the first channel for channel sensing; and forward at least one measurement of the reference signal to the network device.
Jagyasi discloses wherein the apparatus is further caused to: receive a reference signal via the first channel for channel sensing; and forward at least one measurement of the reference signal to the network device (parag. 0072).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to utilize the teaching of Jagyasi into the teaching of Zhu for better performance.
With respect to claim 11:
Jagyasi discloses the apparatus of claim 8, wherein the apparatus is further caused to: receive a request from the network device, wherein the request is related to the terminal device accessing the apparatus; transmit a response signal, in response to the request; and switch to a sensing mode, based on transmitting the response signal (parag. 0149).
With respect to claims 12, 18:
Jagyasi discloses the apparatus of claim 11, wherein the request further comprises at least one of: a configuration of the terminal device; or location information of the terminal device (parag. 0054).
With respect to claim 13:
Jagyasi discloses the apparatus of claim 8, wherein the apparatus is further caused to: transmit a request to the network device, wherein the request is related to a terminal device accessing the apparatus; receive a response signal from the network device; and switch to a sensing mode, based on receiving the response signal (parag. 0003 discloses transmit/receive).
With respect to claim 14:
Jagyasi discloses the apparatus of claim 13, wherein the apparatus is further caused to: transmit, to the terminal device via the second channel, a message indicating that a phase reconfiguration of the apparatus is completed (parag. 0144).
With respect to claim 15:
Zhu discloses the apparatus of claim 8, wherein a first set of active elements of the apparatus are used for at least one of the first channel or the second channel, and/or a second set of active elements of the apparatus are used for communication between the apparatus and the network device (fig. 1 and 4).
With respect to claims 17, 19:
Zhu discloses the apparatus of claim 16, wherein the apparatus is further caused to: transmit, to the reconfigurable intelligent surface, a request, wherein the request is related to the terminal device accessing the reconfigurable intelligent surface; and receive a response signal from the reconfigurable intelligent surface (parag. 0034-0042).
With respect to claim 20:
Jagyasi discloses the apparatus of claim 19, wherein the request further comprises an identifier of the terminal device (parag. 0146).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AJIBOLA A AKINYEMI whose telephone number is (571)270-1846. The examiner can normally be reached Monday-Friday 8:00am-5:00pm, EST.
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, YUWEN PAN can be reached at (571)-272-7855. 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.
/AJIBOLA A AKINYEMI/Primary Examiner, Art Unit 2649