Prosecution Insights
Last updated: April 19, 2026
Application No. 18/436,834

METHOD TO MODULATE SIGNALS BY REFLECTING SURFACES

Non-Final OA §103
Filed
Feb 08, 2024
Examiner
WENDELL, ANDREW
Art Unit
2648
Tech Center
2600 — Communications
Assignee
ZTE CORPORATION
OA Round
1 (Non-Final)
84%
Grant Probability
Favorable
1-2
OA Rounds
2y 5m
To Grant
96%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allow Rate
752 granted / 893 resolved
+22.2% vs TC avg
Moderate +12% lift
Without
With
+11.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
18 currently pending
Career history
911
Total Applications
across all art units

Statute-Specific Performance

§101
7.1%
-32.9% vs TC avg
§103
59.8%
+19.8% vs TC avg
§102
10.0%
-30.0% vs TC avg
§112
6.0%
-34.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 893 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 . Claim Rejections - 35 USC § 103 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 (i.e., changing from AIA to pre-AIA ) 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 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 1-5, 12-16, 20 are rejected under 35 U.S.C. 103 as being unpatentable over Bengtsson et al. (WO 2020/254030) in view of Shimizu (JP 2017-211218A). Regarding claims 1, 13, and 20, Bengtsson teaches setting, with a controlling device, a reflection angle of the intelligent reflecting device (Figs. 2A, 3, and 6E, Page 8 lines 1-9, lines 9-16, and Page 13 lines 24-37, control system setting the angle of the intelligent reflecting device etc.). Bengtsson fails to teach detecting a signal. Shimizu teaches receiving, with a receiving device, a signal from a sending device (Description, receiving detection signal); detecting, with the receiving device, that the signal was reflected by an intelligent reflecting device (Description, receiving detection signal based on an intelligent reflection operation etc.). Therefore, it would have been obvious at the time of the invention to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate detecting a signal as taught by Shimizu into Bengtsson’s method in order to optimize performance. Regarding claim 2, the combination including Shimizu teaches sending, with the receiving device, a feedback signal to the controlling device, the feedback signal indicating whether the receiving device detected that the signal was reflected by the intelligent reflecting device (Description, receiving detection signal based on an intelligent reflection operation etc.). Regarding claims 3 and 14, the combination including Bengtsson teaches wherein setting the reflection angle comprises setting, with the controlling device, the reflection angle of the intelligent reflecting device in response to the feedback signal indicating that the signal was reflected by the intelligent reflecting device (Figs. 2A, 3, and 6E, Page 8 lines 1-9, lines 9-16, and Page 13 lines 24-37, control system setting the angle of the intelligent reflecting device etc.). Regarding claims 4 and 15, the combination including Bengtsson teaches wherein the controlling device and the sending device are the same (Figs. 2A, 3, and 6E, Page 8 lines 1-9, lines 9-16, and Page 13 lines 24-37, control system and sending device etc.). Regarding claims 5 and 16, the combination including Bengtsson teaches wherein the receiving device and the controlling device are the same (Figs. 2A, 3, and 6E, Page 8 lines 1-9, lines 9-16, and Page 13 lines 24-37, control system and sending device etc.). Regarding claim 12, the combination including Bengtsson teaches selecting, with the receiving device, a beam from a plurality of beams, with which to communicate with the sending device, the selecting dependent on detecting that the signal was reflected by the intelligent reflecting device (Figs. 2A, 3, and 6E, Page 8 lines 1-9, lines 9-16, and Page 13 lines 24-37, control system setting the angle of the intelligent reflecting device beams etc.). Claim(s) 8-9 and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Bengtsson et al. (WO 2020/254030) in view of Shimizu (JP 2017-211218A) and further in view of University of Electronic Science and Technology of China (CN 110225538A). Regarding claims 8 and 17, Bengtsson in view of Shimizu teaches the limitations in claims 1 and 13. Bengtsson and Shimizu fails to teach a wireless access node and user device. University of Electronic Science and Technology of China teaches the receiving device comprises a user device and the sending device comprises a wireless access node (Claim 1, base station and plurality of user terminals); or the receiving device comprises a wireless access node and the sending device comprises a user device (Claim 1, base station and plurality of user terminals). Therefore, it would have been obvious at the time of the invention to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a wireless access node and user device as taught by University of Electronic Science and Technology of China into detecting a signal as taught by Shimizu into Bengtsson’s method in order to improve performance of the user. Regarding claims 9 and 18-19, University of Electronic Science and Technology of China teaches the receiving device comprises a first user device and the sending device comprises a second user device (Claim 1, base station and plurality of user terminals); or the receiving device comprises a first wireless access node and the second device comprises a second wireless access node (Claim 1, base station and plurality of user terminals). Allowable Subject Matter Claims 6-7 and 10-11 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 Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW WENDELL whose telephone number is (571)272-0557. The examiner can normally be reached Monday-Friday 8:30AM-5PM. 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, Wesley Kim can be reached at 571-272-7867. 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. /ANDREW WENDELL/Primary Examiner, Art Unit 2648 3/7/2026
Read full office action

Prosecution Timeline

Feb 08, 2024
Application Filed
Mar 07, 2026
Non-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

1-2
Expected OA Rounds
84%
Grant Probability
96%
With Interview (+11.6%)
2y 5m
Median Time to Grant
Low
PTA Risk
Based on 893 resolved cases by this examiner. Grant probability derived from career allow rate.

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