Prosecution Insights
Last updated: May 29, 2026
Application No. 18/464,144

Systems and Methods for Controlling Reconfigurable Intelligent Surfaces

Final Rejection §102§103
Filed
Sep 08, 2023
Priority
Sep 15, 2022 — provisional 63/407,109
Examiner
SWEET, LONNIE V
Art Unit
2467
Tech Center
2400 — Computer Networks
Assignee
Apple Inc.
OA Round
2 (Final)
86%
Grant Probability
Favorable
3-4
OA Rounds
3m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 86% — above average
86%
Career Allowance Rate
637 granted / 739 resolved
+28.2% vs TC avg
Moderate +15% lift
Without
With
+15.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 12m
Avg Prosecution
13 currently pending
Career history
760
Total Applications
across all art units

Statute-Specific Performance

§101
1.3%
-38.7% vs TC avg
§103
86.2%
+46.2% vs TC avg
§102
6.6%
-33.4% vs TC avg
§112
2.7%
-37.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 739 resolved cases

Office Action

§102 §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 § 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. Claim(s) 1 and 5 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Zhang et al. US 2024/0356217 (hereinafter Zhang). Regarding claim 1, Zhang teaches a first electronic device configured to operate on wireless signals conveyed between a second electronic device and a third electronic device, the first electronic device comprising: ([Zhang, Fig. 5B ¶79] The claimed first electronic device is shown in Fig. 5B as the controllable reflective surface 555 used to reflect wireless signals between the base station (BS) 505 and the User Equipment (UE) 510, wherein any of the base station 505 and the UE 510 may represent the claimed second electronic device and the third electronic device) PNG media_image1.png 426 506 media_image1.png Greyscale an array of scattering elements; ([Zhang, Fig. 8, ¶80, ¶97 and ¶99] The controllable reflective surface 555 is represented in Fig. 8 as the controllable reflective surface 800. The controllable reflective surface 800 comprises an array 801 of reflective elements 802 including an array of radiating components 805, wherein each radiating component 805 is, for example, single or dual-pole radiator or antenna. The term reflecting is interpreted by the Examiner as being equivalent to the claimed term “scattering” based on the support provided in paragraph 45 of the Specification of the Instant Application (IA) as filed by the Applicant on 9/8/2023 (or ¶52 of the IA’s pre-grant publication). Additionally, the controllable reflective surface 555 is also referred to as a reconfigurable intelligent surface (RIS), and intelligent reflecting surface (IRS), a large intelligent surface (LIS), a software-controlled metasurface or any other suitable terminology within the disclosure of Zhang provided in ¶80.) PNG media_image2.png 510 748 media_image2.png Greyscale adjustable devices coupled to the array of scattering elements; and ([Zhang, Fig. 8, ¶97-¶99] Phase shifting components 810 of Zhang’s Fig. 8 are interpreted as the claimed adjustable devices as these phase shifting components 810 are able to be configured and reconfigured based on a control signal set to modify the amount of phase shift provided such that the reflecting elements are able to reflect radio frequency (RF) signals in one or more directions. The phase shifting components 810/812 are each coupled to the array of radiating components 805, interpreted as the claimed array of scattering elements as mentioned above.) one or more processors, the one or more processors being configured to, at a first time, program the adjustable devices based on a first control signal received from the second electronic device, and ([Zhang, Figs. 7, 8 and 10 Block 1002, ¶93, ¶98, ¶121 and ¶127-¶133] The controllable reflective surface 800 further includes a processing system 830 comprising a processor 704 which is interpreted as the claimed “one or more processors”. The processor 704 is configured to, at a first time program the array of reflective elements 712 (reflective elements 712 comprise the phase shifting components 715 which is interpreted as the claimed adjustable devices) based on a first control signal received from the scheduling device (interpreted as the claimed “second electronic device”) PNG media_image3.png 508 780 media_image3.png Greyscale PNG media_image4.png 500 456 media_image4.png Greyscale at a second time, program the adjustable devices based on a second control signal received from the third electronic device. ([Zhang, Figs. 7, 8 and 10 Block 1004, ¶93, ¶98, ¶122-¶123 and ¶131 ] The controllable reflective surface 800 further includes a processing system 830 comprising a processor 704 which is interpreted as the claimed “one or more processors”. The processor 704 is configured to, at a second time (second instance as indicated in Block 1004) program the array of reflective elements 712 (reflective elements 712 comprise the phase shifting components 715 which is interpreted as the claimed adjustable devices) based on a second control signal received from the scheduling device (interpreted as the claimed “third electronic device”) as scheduling device may be any of the BS or the UE as mentioned above in the Examiner mapping of the preamble to the disclosure of Zhang.) Regarding claim 5, Zhang teaches the first electronic device of claim 1, further comprising: a receiver coupled to one or more scattering elements in the array of scattering elements. (The communication circuit 740 is configured with the function of receiving which the Examiner interprets as being “a receiver” as claimed. This communication circuit 740 is coupled to the one or more reflecting components/elements 716 (scattering elements) in the array of reflecting elements 712 as shown in Fig. 7) 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. Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang as applied to claim 1 above, and further in view of Zhuang US 2023/0261718 (hereinafter Zhuang). Regarding claim 2, Zhang teaches the first electronic device of claim 1 comprising one or more processors configure to program adjustable devices [Zhang, Fig. 5b, 704, 706 and 714 (the processor(s) configured to program phase shifting elements, interpreted as the adjustable devices, to effect the proper phase for reflecting signals between the UE and base station) and 715 (phase shifting elements)]. But it does not teach the adjustable devices comprise diodes and controlling the adjustable devices by supplying voltages to the diodes. However, Zhuang teaches wherein the adjustable devices comprise diodes, the one or more processors being configured to program the adjustable devices by supplying voltages to the diodes. ([Zhuang, Fig. 3, ¶100] Zhuang teaches the reconfigurable intelligent surface (RIS) module configuring control modes that may be implemented by the reconfigurable intelligent surface by controlling parameters such as the reflection angle or incidence angle of the RIS module of the radio wave by using control modes that utilize diodes, wherein different voltages may be applied to the diodes which effectively makes the diodes the adjustable devices that are being supplied voltages) It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine the teachings of Zhang, indicating the ability to change the phase of the phase components of the RIS for modifying the reflective elements to reflect signals to a first direction at a first instance and a second direction at second instance, with the teachings of Zhuang, indicating that the phase changes for modifying the reflective antennas of the RIS may be performed using a applying different voltages to the diodes to control the reflection angle. The resulting benefit of the combination would have been the ability to reflect the signal by controlling the phase of each RIS unit by a difference of 180° between reflected phases of radio waves [Zhuang, ¶100]. Claim(s) 3-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang as applied to claim 1 above, and further in view of Chowdhury et al. US 2022/0344826 (hereinafter Chowdhury). Regarding claim 3, Zhang teaches the first electronic device of claim 1, having adjustable devices for imparting controls to reflect signals between communicating devices ([See Zhang, Figs. 5b, 7, 8 and 10] See the rejection of claim 1 above which outlines that the controllable reflective surface (also referred to as an RIS) 555/800 comprises adjustable phase components which may be configured and reconfigured using control signals to change the phase/reflective direction of the array of reflective elements at different instances in time as further indicated by blocks 1002 and 1004 of Fig. 10 of Zhang.) But Zhang does not teach the adjustable devices, which are noted in Zhang as the adjustable phase components, being configured to impart a first set of impedances to the array of scattering elements at the first time and the adjustable devices being configured to impart a second set of impedances to the array of scattering elements at the second time. However, Chowdhury teaches the adjustable devices, which are noted above in Zhang as the adjustable phase components, however Chowdhury further specifies that the changes to the phase may be performed by utilizing a selectable range of impedance matching circuits that are programmable in terms of their impedance to effect changes (indicative of a before impedance and after impedance with respect to the change) to the reflective antenna (interpreted as the array of reflective elements/components of Zhang), thus Chowdhury discloses being the adjustable devices configured to impart a first set of impedances to the array of scattering elements at the first time and the adjustable devices being configured to impart a second set of impedances to the array of scattering elements at the second time [Chowdhury, ¶58]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine the teachings of Zhang, indicating the ability to change the phase of the phase components of the RIS for modifying the reflective elements to reflect signals to a first direction at a first instance and a second direction at second instance, with the teachings of Chowdhury, indicating that the phase changes for modifying the reflective antennas of the RIS may be performed using a selectable rage of impedance matching circuits which a correspondingly programed to achieve the changes in phase of the reflected signal via altering of the antenna reflection coefficient. The resulting benefit of the combination would have been the ability to allow for RIS-guided reflections to allow flexibility in imparting the desired complex-valued amplitude and phase changes to the signal [Chowdhury, ¶58]. Regarding claim 4, the combination of Zhang, in view of Chowdhury teaches the first electronic device of claim 3, the array of scattering elements being configured to reflect the wireless signals in a first direction at the first time and in a second direction at the second time. ([Zhang, Fig. 10, Block 1002 and Block 1004, ¶121-¶122, 125] The blocks 1002 and 1004 are different instances (times) when the array of reflecting elements is configured to reflect wireless signals in direction per each instance. It is noted that there may be more than two different instances/times for reconfiguration of the reflecting elements as the blocks 1004 and 1004 may be performed in a loop operation.) Claim(s) 6 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang as applied to claim 5 above, and further in view of Gutman et al. US 2024/0007881 (hereinafter Gutman). Regarding claim 6, Zhang teaches the first electronic device of claim 5, (See the rejection of claim 5 above), wherein the receiver of the controllable reflective surface (shown in Fig. 2 as the controllable reflective surface 252 and also referred to as the RIS) receives a downlink signal transmitted by the second electronic device (wherein the second electronic device may be the base station (BS)) [Zhang, Fig. 2, ¶50, ¶80 (wherein the incoming DL signals may be amplified through reflection using the reflective components/elements) and ¶93]. PNG media_image5.png 550 790 media_image5.png Greyscale But Zhang does not teach wherein the controllable reflect surface is configured to measure the received downlink signals. However, Gutman teaches wherein the receiver is configured to measure, using the one or more scattering elements, a downlink (DL) signal transmitted by the second electronic device. [¶92 (the RIS may receive signals from the Network Node), ¶154-¶154 (The RIS may receive a reference signal on a dedicated resource of the DL channel for measuring the DL channel)]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine the teachings of Zhang, indicating the ability to receive signals via an controllable reflective surface/RIS using the onboard reflective components, with the teachings of Gutman, indicating that the RIS may receive reference signals (RS) on dedicated DL resources and measure the DL channel. The resulting benefit of the combination would have been the ability to determine channel quality and perform actions to improve the communication reliability over the channel [Gutman, ¶116 and ¶151]. Regarding claim 8, Zhang teaches the first electronic device of claim 6, (See the rejection of claim 6 above), wherein the receiver of the controllable reflective surface (shown in Fig. 2 as the controllable reflective surface 252 and also referred to as the RIS) receives a uplink signal transmitted by the third electronic device (wherein the third electronic device may be the user equipment (UE)) [Zhang, Fig. 2, ¶50, ¶80 (wherein the incoming UL signals may be amplified through reflection using the reflective components/elements) and ¶93 (the scheduling entity may be the UE as per ¶38)]. PNG media_image5.png 550 790 media_image5.png Greyscale But Zhang does not teach wherein the controllable reflect surface is configured to measure the received uplink signals. However, Gutman teaches wherein the receiver is configured to measure, using the one or more scattering elements, an uplink (UL) signal transmitted by the third electronic device. [Gutman, ¶50 and ¶82 (the RIS may receive signals from the UE), ¶107 and ¶154-¶154 (The RIS may receive a reference signal on a dedicated resource of the UL channel for measuring the UL channel)] It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine the teachings of Zhang, indicating the ability to receive signals via a controllable reflective surface/RIS using the onboard reflective components, with the teachings of Gutman, indicating that the RIS may receive reference signals (RS) on dedicated UL resources and measure the DL channel. The resulting benefit of the combination would have been the ability to determine channel quality and perform actions to improve the communication reliability over the channel [Gutman, ¶116 and ¶151]. Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang, in view of Gutman as applied to claim 8 above, and further in view of DAI et al. US 2022/0271995 (hereinafter DAI). Regarding claim 9, the combination of Zhang, in view of Gutman teaches the first electronic device of claim 8, ([Zhang, Figs. 5b and 8, ¶80] Disclosed by Zhang as the controllable reflective surface of reconfigurable reflective surface (RIS) having an antenna (array of antenna elements), which the RIS uses to communicate between a base station and a UE) But it does not teach transmitting a message instructing the second electronic device or the third electronic device to control the RIS. However, DAI teaches that the RIS transmits to the base station/UE a message (RIS information message) which instructs the base station/UE to control the RIS (the RIS information in a self-identification “I am here” message which also comprises capabilities of the RIS and the identity of the RIS), wherein in response to the UE or base station receiving this RIS information in the self-identification message from the RIS, the UE/base station will transmit to the RIS an explicit indication to the RIS instructing the RIS to stop transmitting the RIS information indication and to change to a lower power mode 712-714 as shown in Fig. 7 and further the base station will transmit control signals to the RIS for controlling the RIS reflection of signals using the capability information of the RIS [DAI, ¶76-¶79, ¶91 and ¶95]. The Examiner interprets the RIS information message as an instruction message as it serves to inform the base station/UE that it is available for use and further instructs the base station/UE of the capabilities which are to used by the base station/UE in order to control the RIS to perform signal reflection/relaying which is an intended purpose of the RIS device in the wireless communication system. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine the teachings of Zhang, in view of Gutman, indicating the ability to receive signals via a controllable reflective surface/RIS using the onboard reflective components, with the teachings of DAI, indicating that the RIS may send information which is utilized by the base station to control the RIS to reflect signals. The resulting benefit of the combination would have been the ability to discover RIS present in the wireless communication system and utilize the devices to improve coverage of the wireless communication system. Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang, in view of Gutman as applied to claim 6 above, and further in view of Zhu et al. US 2022/0407222 (hereinafter Zhu). Regarding claim 7, the combination of Zhang, in view of Gutman teaches he first electronic device of claim 6, which shown as the controllable reflective surface and also referred to as the reflective intelligent surface (RIS) or intelligent reflective surface (IRS) having antenna elements in an array (See the rejection of claim 6 above [Zhang, Figs. 5b and 8, ¶80]) But it does not teach further comprising an antenna configured to transmit, to the third electronic device, a message identifying the measurement of the DL signal. However, Zhu teaches wherein the RIS/IRS may transmit measurements of a DL signal (shown as the reference signal received power (RSRP) of the SSB burst signals sent in the downlink direction from the gNodeB (gNB) to the UE [Zhu, Fig.8, Steps10-15 and 135-140, ¶78-¶79]) It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine the teachings of Zhang, in view of Gutman, indicating the ability to receive signals via a controllable reflective surface/RIS and transmit signals using the onboard reflective/antenna components, with the teachings of Zhu, indicating that the RIS/IRS may send measurement of the DL signal to the UE. The resulting benefit of the combination would have been the ability to provide a solution to determining the best departure angles of the reflected signals from the IRS towards the UE based on, for example, RSRP measurements for different departure angles configured for the IRS. Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang, in view of Gutman as applied to claim 5 above, and further in view of LY et al. US 2025/007564 (hereinafter LY). Regarding claim 10, the combination of Zhang, in view of Gutman teaches he first electronic device of claim 5, which shown as the controllable reflective surface and also referred to as the reflective intelligent surface (RIS) or intelligent reflective surface (IRS) having antenna elements in an array (See the rejection of claim 5 above [Zhang, Figs. 5b and 8, ¶80]. The antenna elements are also interpreted to be scattering elements as they operate to send/receive or otherwise reflect incoming signals.) But it does not teach wherein the receiver is configured to measure, using the one or more scattering elements, an uplink (UL) signal transmitted by the third electronic device, the RIS further comprising an antenna configured to transmit, to the second electronic device, a message identifying the measurement of the UL signal. However, LY teaches wherein the RIS may receive and uplink transmission and perform measurements of the uplink signal producing RSRP measurements and weights for a suitable beam direction based on the measurements and send this information to the base station using its transmission ability, wherein this information sent to the base station identifies the measurement of the UL signal as the weights correspond to the best UL signal measurements and spatial direction [LY, ¶114-¶119]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine the teachings of Zhang, in view of Gutman, indicating the ability to receive signals via a controllable reflective surface/RIS and transmit signals using the onboard reflective/antenna components, with the teachings of LY, indicating that the RIS/IRS may send a message indicating measurement of the UL signal. The resulting benefit of the combination would have been the ability to provide a solution to determining the best beams/spatial directions of the reflected signals for reflection of the signals for communicating between the base station and UE using the IRS. Claim(s) 11-13 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al US 2024/0154646 (hereinafter Wang), in view of LY. Regarding claim 11, Wang teaches a method of operating a first electronic device to communicate with a second electronic device via reflection of radio-frequency signals off a reconfigurable intelligent surface (RIS), the method comprising: ([Wang, Figs. 6-7] Wang teaches a base station (BS) 120 and User Equipment (UE) 110, interpreted as being the claimed first and second electronic devices. The BS 120 and UE 110 communicate with each other via a reflection off a RIS as shown in step 645 of Fig. 6 and 730/765 of Fig. 7, wherein the RIS is show in Figs. 6-7 of Wang as the Adaptive Phase-changing Device (APD) 181/182) receiving, from the RIS, a report identifying a first measurement; ([Wang, Fig. 7, transmission 730] BS 120 receives measurement report 730 from the APD/RIS.) receiving, via reflection off the RIS, a reference signal transmitted by the second electronic device; ([Wang, Fig. 7, transmission 765] The BS 120 receives, via a reflection off the APD/RIS, a reference signal (SRS in step 765) transmitted by the UE 110) performing, using one or more processors, a second measurement on the received reference signal; and ([Wang, ¶109] The base station using its processing components performs a second measurement at step 770 based of the received reference signals transmitted at step 765.) transmitting, to the second electronic device and the RIS, a signal identifying a control mode of the RIS that is selected based on the first measurement and the second measurement. ([Wang, ¶94 and ¶110, Fig. 6 and 7, steps 630/635 and 640 (control mode is interpreted as the indicated surface configuration for the APD/RIS 181/182 and UE respectively)] Transmitting to the APD comprising the RIS, a signal identifying the control mode shown as the surface configuration of the APD/RIS that is selected in step 630/635 and the UE at step 640 (directs the UE when the transmit UL via the APD/RIS) based on the first measurement which is shown as a downlink measurement 725 and the second measurement shown as an uplink measurement 770) While Wang teaches that the APD comprising the RIS transmits a report identifying measurements performed on the radio frequency signals, which are received by the BS as indicated above and depicted in Figs. 6-7 of Wang, it does not explicitly teach wherein the RIS performs the measurements that are reported. However, LY teaches receiving, from the RIS, a report identifying a first measurement performed on the radio-frequency signals by the RIS (wherein the RIS may perform measurements on the reference signals transmitted in the radio frequency signal and then transmit the corresponding report identifying the measurement performed on the radio frequency signal [LY, ¶114-¶119].) It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine the teachings of Wang, indicating the ability to receive signals via a RIS and measurement of radio frequency signals between the base station and the UE to determine to to configure the reflective surfaces of the RIS, with the teachings of LY, indicating that the RIS/IRS may perform its own measurement of the radio frequency signals and send a report to be received by the base station. The resulting benefit of the combination would have been the ability to provide a solution to determining the best beams/spatial directions of the reflected signals for reflection of the signals for communicating between the base station and UE using the RIS to perform measurements to increase the accuracy of the channel measurement. Regarding claim 12, the combination of Wang, in view of LY teaches the method of claim 11, wherein the reference signal comprises a downlink (DL) reference signal, the first electronic device comprises a user equipment device, and the second electronic device comprises a wireless access point or a wireless base station. Wang teaches wherein the reference signal comprises a DL reference signal ([Wang, Fig. 7, ¶104] Downlink wireless signals may be reference signals received by the UE and to generate RSRP measurements ¶104 which comprises the UE 110 in the place of the first device and a BS 120 in the place of the second device) Regarding claim 13, the combination of Wang, in view of LY teaches the method of claim 11, wherein the reference signal comprises an uplink (UL) reference signal, the first electronic device comprises a wireless access point or a wireless base station, and the second electronic device comprises a user equipment device. Wang teaches wherein the reference signal comprises a UL reference signal ([Wang, Fig. 7, ¶109] Uplink wireless signals may be sounding reference signals SRS ¶109 which comprises the BS 120 in the place of the first device and a UE in the place of the second device.) Regarding claim 16, the combination of Wang, in view of LY teaches the method of claim 11, wherein receiving the report comprises receiving the report using a first radio access technology (RAT), receiving the reference signal comprises receiving the reference using a second RAT that is different from the first RAT, and transmitting the signal comprises transmitting the signal using the first RAT. [Wang, ¶20-¶22] Wang teaches the utilization of a control-plane for signaling control information (which corresponds to reference signals for establishing) and a user-plane for sending data (which corresponds to a report), wherein the control plane is associated with the claimed “first RAT” and the user-plane is associated with the claimed “second RAT” as the control plane and user plane may respectively correspond to any of LTE or 5GNR. Allowable Subject Matter Claims 17-20 are allowed. Claims 14-15 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. The following is a statement of reasons for the indication of allowable subject matter: The Examiner has conducted as prior art search of the available Patent and Non-Patent Literature and was unable to find any prior art which teaches either solely or in combination with another reference to the claim limitations of claim 14 which recites “The method of claim 11, wherein transmitting the signal comprises: when the first measurement and the second measurement have first values, instructing the second electronic device to control the RIS; and when the first measurement and the second measurement have second values, informing the second electronic device that the first electronic device will control the RIS, in combination with all the other claim limitations of its based claim and all intervening claims; and similarly unable to find any prior art which teaches either solely or in combination with another reference to the claim limitations of “identifying, using the one or more processors, a second distance between the second electronic device and the RIS; and transmitting, using a transmitter, a signal to the second electronic device, wherein the signal identifies a control mode of the RIS that is selected based on the first distance and the second distance” in combination with all the other claim limitations of claim 17. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Zegrar et al. US 2023/0421412 (hereinafter Zegrar) Zegrar discloses ¶45 “… where β(d.sub.g,d.sub.h,θ.sub.des,φ.sub.des) is a total path loss calculated as in the paper by W. Tang et al mentioned above. That is, the path loss is in general a function of the distance d.sub.g between the base station and the RIS, the distance d.sub.h between the RIS and the UE (see FIG. 1), and the departure angle of signals from the RIS.” Thus Zegrar discloses the identifying of the first distance between the first node (the BS or UE) and the RIS and the identifying of a second distance between the second node (the other of the BS or UE not utilized in the identified first distance). But it does not disclose the claim limitation of “transmitting, using a transmitter, a signal to the second electronic device, wherein the signal identifies a control mode of the RIS that is selected based on the first distance and the second distance” nor the ordered sequence of the steps in their recited combination as recited in claim 17, in combination with all the other claim limitations of claim 17. PNG media_image6.png 476 728 media_image6.png Greyscale Zhu et al. US 2022/0407222 (hereinafter Zhu) The disclosure of Zhu is similar to the disclosure of Zegrar as noted by the two distances dt and dr in Fig. 2 shown below. The shortcomings of Zhu are also similar to the shortcomings of Zegrar regarding the omission of the specific order of steps and the omission of the claim limitation reciting “transmitting, using a transmitter, a signal to the second electronic device, wherein the signal identifies a control mode of the RIS that is selected based on the first distance and the second distance” PNG media_image7.png 294 440 media_image7.png Greyscale Obeid US 2025/0167835 (hereinafter Obeid) The disclosure of Obeid is similar to the disclosure of Zegrar as noted by the two distances dtx and drx in Fig. 4 shown below. The shortcomings of Obeid are also similar to the shortcomings of Zegrar regarding the omission of the specific order of steps and the omission of the claim limitation reciting “transmitting, using a transmitter, a signal to the second electronic device, wherein the signal identifies a control mode of the RIS that is selected based on the first distance and the second distance” PNG media_image8.png 582 744 media_image8.png Greyscale DUAN et al US 2024/0319359 (hereinafter DUAN) See ¶83 and ¶134-¶140; Duan teaches wherein the operation mode of a reconfigurable intelligent surface (RIS) that is associated with a base station (BS) may be determined first (operation mode 1 being operating as a reflector in a passive state using its surface as a reflective surface or operation mode 2 being operating in the similar to the amplify and forward functionality of a relay node in an active state as a receiver, amplifier and transmitter between the original source and target destination) and the operation mode of the RIS is received in a report from the RIS by a user equipment UE (wherein the UE is a positioning entity). The UE operating as the positioning entity then in response to receiving the report from the RIS comprising the operation mode of the RIS then receives a time difference measurement for a network node (the base station (BS) associated with the RIS) involved in an round trip time (RTT) with the UE and determines based on the time difference and related information a distance between the UE and the RIS through a calculation. This is the reverse order of claim 17 as the operation mode included in the received report is the first step in the sequence of DUAN while it is the last time made as a selection based on the identified distance between the RIS and a first device (either the UE or the BS) in combination with the separately identified time difference between the RIS and a second device (the other of the UE or the BS not utilized as the first device as indicated above). It is also noted that the DUAN reference is missing one of the two separated identifying steps of identifying the distance between the RIS and the BS. Event if this distance were identified which could be possibly performed by taking into account the RTT and the time difference between the RIS and the UE in combination with the signal propagation speed (distance divided by the time taken for the signal to travel between the two points), there would still be the issue of providing a rationale for obviousness as to why the order of all three steps (#1 receiving report including operation mode, #2 identifying distance between the UE and RIS, and #3 identifying the distance between the RIS and BS) should be reversed which DUAN does not provide. The rationale for claim objecting to claim 14 is similar to that of claim 17. PNG media_image9.png 464 478 media_image9.png Greyscale Any inquiry concerning this communication or earlier communications from the examiner should be directed to LONNIE V SWEET whose telephone number is (571)270-3622. The examiner can normally be reached Monday-Friday. 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, Hassan Phillips can be reached at 571-272-3940. 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. /LONNIE V SWEET/Primary Examiner, Art Unit 2467
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Prosecution Timeline

Sep 08, 2023
Application Filed
Nov 25, 2025
Non-Final Rejection mailed — §102, §103
Feb 25, 2026
Response Filed
May 26, 2026
Final Rejection mailed — §102, §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12634990
RECEIVER-ASSISTED LISTEN-BEFORE-TALK PROCEDURES WITH EXPLICIT BEAM INDICATION
2y 8m to grant Granted May 19, 2026
Patent 12634104
WAVEFORM DESIGNS FOR HALF-DUPLEX MONOSTATIC SENSING
2y 9m to grant Granted May 19, 2026
Patent 12627618
MANAGING A SUBSYSTEM OF AN INFORMATION HANDLING SYSTEM BY A DATA PROCESSING UNIT (DPU)
2y 4m to grant Granted May 12, 2026
Patent 12625835
ROUTING TRAFFICS HAVING PRIMARY AND SECONDARY DESTINATIONS IN COMMUNICATION NETWORKS
1y 10m to grant Granted May 12, 2026
Patent 12621089
METHODS, COMMUNICATIONS DEVICES, AND INFRASTRUCTURE EQUIPMENT
3y 1m to grant Granted May 05, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

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Prosecution Projections

3-4
Expected OA Rounds
86%
Grant Probability
99%
With Interview (+15.0%)
2y 12m (~3m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 739 resolved cases by this examiner. Grant probability derived from career allowance rate.

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