Prosecution Insights
Last updated: May 29, 2026
Application No. 18/464,161

Systems and Methods for Controlling Reconfigurable Intelligent Surfaces

Non-Final OA §102§103§DOUBLEPATENT§DP
Filed
Sep 08, 2023
Priority
Sep 15, 2022 — provisional 63/407,109
Examiner
LE, LANA N
Art Unit
2648
Tech Center
2600 — Communications
Assignee
Apple Inc.
OA Round
1 (Non-Final)
82%
Grant Probability
Favorable
1-2
OA Rounds
2m
Est. Remaining
95%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allowance Rate
488 granted / 595 resolved
+20.0% vs TC avg
Moderate +13% lift
Without
With
+13.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
29 currently pending
Career history
627
Total Applications
across all art units

Statute-Specific Performance

§101
0.8%
-39.2% vs TC avg
§103
74.7%
+34.7% vs TC avg
§102
6.9%
-33.1% vs TC avg
§112
5.0%
-35.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 595 resolved cases

Office Action

§102 §103 §DOUBLEPATENT §DP
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 Objections Claim 29-30 are objected to because of the following informalities: claim 29 recites “the method of claim 29” which does not depend from a preceding or latter claim. Claim 30 is recited to depend from claim 29, however, the second electronic device would be both a user equipment and a wireless access point, and third second electronic device would be both a user equipment device and a wireless access point. Appropriate correction is required. Election/Restrictions Applicant’s election without traverse of claims 1-10 in the reply filed on 03/16/2026 is acknowledged. New claims 21-30 have been added. Claims 11-20 have been withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a non-elected invention. 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claims 1, 5-6, and 21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhang et al (US 2024/0,356,217; hereinafter Zhang). Regarding claim 1, Zhang disclose a first electronic device (555) configured to operate on wireless signals conveyed between a second electronic device (505) and a third electronic device (515, 510) (Figs. 5A-5B; ¶ [0077]), the first electronic device (555) comprising: an array of scattering elements (805, 807) (Fig. 8; ¶ [0097]); adjustable devices (715, 810, 812) coupled to the array of scattering elements (805, 807) (¶ [0097]; Fig. 8); and one or more processors (704, 830) (Figs. 7, 8; paras. [0091], [0098]), the one or more processors (830, 704) being configured to, at a first time, program the adjustable devices (715, 810, 812) (the processor 704 may receive configuration information via the communication interface 709 and send configuration control signals to the array of reflecting elements (712, 802) via the panel interface (720) to configure the array of reflecting elements, at block 1002, i.e. at a first time, the controllable reflective surface 800 receives a first control signal set, that configures the array of reflecting elements (712, 802) which includes the adjustable devices (715, 810), into a first reflecting configuration; paragraphs [0092]-[0099], [0121]); and at a second time, program the adjustable devices based on a control signal received from the second electronic device (at block 1004, i.e. at a second time, the controllable reflective surface 800 receives a second control signal set, that configures the array of reflecting elements (712, 802) which includes the adjustable devices (715, 810), into a second reflecting configuration; paras. [0092], [0122]). Regarding claim 5, Zhang disclose the first electronic device of claim 4, 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 (at block 1002, i.e. at the first time, by setting the phase shift amount of each phase shifting components 810, the reflecting element 802 associated with each phase shifting component 810 is configured to reflect an incoming signal in a particular direction, and at block 1004, i.e. at the second time, by setting the phase shift amount of each phase shifting components 810, the reflecting element 802 associated with each phase shifting component 810 is configured to reflect an incoming signal in a particular direction (paras. [0121]-[0122]). Regarding claim 6, Zhang disclose the first electronic device of claim 1, further comprising: a receiver (740) coupled to one or more scattering elements (716) in the array of scattering elements (712) (paras. [0091], [0093]; Fig. 7). Regarding claim 21, Zhang disclose a reconfigurable intelligent surface (RIS 555) comprising: an array (801) of antenna elements (805, 807) (Fig. 8; ¶ [0097]) configured to reflect signals between a first electronic device (505) and a second electronic device (515, 510) (Figs. 5A-5B; ¶ [0077]); adjustable devices (715, 810, 812) coupled to the array of antenna elements (805, 807) (¶ [0097]; Fig. 8); and one or more processors (704, 830) (Figs. 7, 8; paras. [0091], [0098]), the one or more processors (830, 704) being configured to, at a first time, program the adjustable devices (the processor 704 may receive configuration information via the communication interface 709 and send configuration control signals to the array of reflecting elements (712, 802) via the panel interface (720) to configure the array of reflecting elements, at block 1002, i.e. at a first time, the controllable reflective surface 800 receives a first control signal set, that configures the array of reflecting elements (712, 802) which includes the adjustable devices (715, 810), into a first reflecting configuration; paragraphs [0092]-[0099], [0121]); and at a second time, program the adjustable devices based on a control signal received from the second electronic device (at block 1004, i.e. at a second time, the controllable reflective surface 800 receives a second control signal set, that configures the array of reflecting elements (712, 802) which includes the adjustable devices (715, 810), into a second reflecting configuration; paras. [0092], [0122]). 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. Claim 2 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang in view of Meyer et al (US 2023/0,370,122; hereinafter Meyer). Regarding claim 2 and 23, Zhang disclose the first electronic device and RIS of claim 1 and 21 respectively, wherein Zhang do not disclose at the first time, the one or more processors are configured to autonomously program the adjustable devices without input from the first electronic device or the second electronic device. In the same field of endeavor, Meyer disclose the one or more processors are configured to autonomously program the adjustable devices without input from the first electronic device or the second electronic device (the RIS may include an array of discrete antenna elements, where an impinging electro-magnetic (EM) wave is re-radiated with a respective phase and amplitude response; the scattering, absorption, reflection, and diffraction properties of the entire RIS can therefore be changed over time and controlled, e.g., by software running on the RIS or other devices communicably coupled to the RIS, one way of achieving the per-element phase and amplitude response of the antenna elements is by adjusting the impedance of the antenna elements, thereby controlling the complex reflection coefficient that determines the change in amplitude and phase of the re-radiated signal, the capability identifiers of the RIS may include information about supported autonomous RIS signal beam variation procedures and associated parameters; paras. [0006]-[0007], [0108]-[0110]; Fig. 12). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to do so in order to allow the processor of the first device to control the phase and amplitude of the adjustable devices to achieve the per element phase and amplitude response of the antenna elements (Meyer; ¶ [0007]). Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al (US 2024/0,356,217) in view of Zhuang (US 2023/0,261,718). Regarding claim 3, Zhang disclose the first electronic device of claim 1, wherein the one or more processors being configured to program the adjustable devices (the controller 825 may control the characteristics of the one or more reflected signals 850 by controlling the phase shifting elements 810, by varying the phase shift of a particular phase shifting component 810, the angle of reflection changes for the reflecting element 802 having that phase shifting component 810; ¶ [0100]). Zhang do not disclose the adjustable devices comprise diodes, the one or more processors being configured to program the adjustable devices by supplying voltages to the diodes. In the same field of endeavor, Zhuang disclose the adjustable devices comprise diodes, the one or more processors being configured to supply different bias voltages to the PIN diodes, so that the RIS units are in different states, for example, an on or off state, thereby generating different parameter configurations, for example, a difference of 180° between reflected phases of radio waves; ¶ [0100]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to do so in order to create different parameter configurations for the reflected signals. Claims 4, 26, and 29-30 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al (US 2024/0,356,217) in view of Chowhury (US 2022/0,344,826). Regarding claim 4, Zhang disclose the first electronic device of claim 1, wherein Zhang disclose the processor configures the adjustable devices (phase adjustment devices 810) at a first time (1002) and at a second time (1004) (paras. [0121]-[0122]). Zhang do not disclose the adjustable devices 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. In the same field of endeavor, Chowhury disclose the adjustable devices 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 (selective activation of one or more of the programmable impedance matching circuits changes an impedance of a corresponding one of the reflective antenna at different times, changing the impedance of the corresponding one of the reflective antennas alters an antenna reflection coefficient of the corresponding reflective antenna, thereby changing a phase of the reflected signal; paras. [0011], [0058], [0086], Figs. 8A, 8B, 9A, 9B). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to do so in order to allow flexibility in imparting the desired complex valued amplitude and phase changes to the signal by using the RIS guided reflections (Chowhury; ¶ [0058]). Regarding claim 26, Zhang disclose a method of operating a first electronic device (555), the method comprising: reflecting, using an array of scattering elements (805, 807) (Fig. 8; ¶ [0097]) wireless signals between a second electronic device (505) and a third electronic device (515, 510) (Figs. 5A-5B; ¶ [0077]); at a first time, programming adjustable devices (715, 810, 812) coupled to the scattering elements (716, 805, 807) (the processor 704 may receive configuration information via the communication interface 709 and send configuration control signals to the array of reflecting elements (712, 802) via the panel interface (720) to configure the array of reflecting elements, at block 1002, i.e. at a first time, the controllable reflective surface 800 receives a first control signal set, that configures the array of reflecting elements (712, 802) which includes the adjustable devices (715, 810), into a first reflecting configuration; paragraphs [0092]-[0099], [0121]); and at a second time, programming the adjustable devices (715, 810, 812) to configure the array of scattering elements (805, 807) based on a control signal received from the second electronic device at block 1004, i.e. at a second time, the controllable reflective surface 800 receives a second control signal set, that configures the array of reflecting elements (712, 802) which includes the adjustable devices (715, 810), into a second reflecting configuration; paras. [0092], [0122]). Zhang do not disclose at a first time configuring the array of scattering elements to exhibit a first set of impedances, the first set of impedances being output by one or more processors on the first electronic device; and at a second time, configure the array of scattering elements to exhibit a second set of impedances different from the first set of impedances. In the same field of endeavor, Chowhury disclose at a first time, configure the array of scattering elements to exhibit a first set of impedances, the first set of impedances being output by one or more processors on the first electronic device and at a second time, configure the array of scattering elements to exhibit a second set of impedances different from the first set of impedances (selective activation of one or more of the programmable impedance matching circuits changes an impedance of a corresponding one of the reflective antenna at different times, changing the impedance of the corresponding one of the reflective antennas alters an antenna reflection coefficient of the corresponding reflective antenna, thereby changing a phase of the reflected signal; paras. [0011], [0058], [0086], Figs. 8A, 8B, 9A, 9B). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to do so in order to allow flexibility in imparting the desired complex valued amplitude and phase changes to the signal by using the RIS guided reflections (Chowhury; ¶ [0058]). Regarding claim 29, Zhang and Chowhury disclose the method of claim 29, wherein the second electronic device comprises a user equipment device (510, 515) and the third electronic device comprises a wireless access point (507, 505) (Fig. 5A, 5B). Regarding claim 30, Zhang and Chowhury disclose the method of claim 29, wherein the second electronic device comprises a wireless access point (507, 505) and the third electronic device comprises a user equipment device (515, 510) (Fig. 5A, 5B). Claim 27 is rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al (US 2024/0,356,217) in view of Chowhury (US 2022/0,344,826) further in view of Wang et al (US 2024/0,154,646; hereinafter Wang). Regarding claim 27, Zhang and Chowhury disclose the method of claim 26, wherein they do not disclose further comprising: receiving, using an antenna and a receiver, the control signal from the second electronic device according to a first radio access technology (RAT), wherein the wireless signals are conveyed using a second RAT different from the first RAT. In the same field of endeavor, Wang disclose receiving, using an antenna (302) and a receiver (306), the control signal from the second electronic device according to a first radio access technology (RAT), wherein the wireless signals are conveyed using a second RAT different from the first RAT (the UEs, RIS of the APDs, and the base stations communicate via wireless links 131 and 132, the wireless links 131 and 132 include control plane information and/or user plane data, such as downlink user-plane data and control plane information communicated from the base stations 120 to the UEs 110, uplink of other user plane data and control-plane information communicated from the UEs 110 to the base stations 120, or both, the wireless links 130 may include one or more wireless links (e.g., radio links) or bearers implemented using any suitable communication protocol or standard, or combination of communication protocols or standards, such as 3rd Generation Partnership Project Long-Term Evolution (3GPP LTE), fifth-generation New Radio (5G NR), sixth-generation (6G), and so forth; paras. [0020]-[0022], [0037]; Fig. 1). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to do so in order to allow the first, second, and third devices to communicate using any suitable communication protocol or standard, or combination of communication protocols or standards (Wang; ¶ [0020]). Claims 7 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al (US 2024/0,356,217) in view of Gutman et al (US 2024/0,007,881; hereinafter Gutman). Regarding claim 7, Zhang disclose the first electronic device and RIS of claim 6, wherein Zhang do not disclose the receiver is configured to measure, using the one or more scattering elements, a downlink (DL) signal transmitted by the second electronic device. In the same field of endeavor, Gutman disclose the receiver is configured to measure, using the one or more scattering elements, a downlink (DL) signal transmitted by the second electronic device (the RIS may receive the reference signal in the dedicated resource in the DL channel associated with the TCI state of the signal, wherein the network node may transmit the reference signal on the DL channel and configure the controller to measure the DL channel using the analog hardware of the RIS; paras. [0154]-[0158]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to do so in order to improve the efficiency of the RIS by optimizing the RIS configuration, e.g., phase shifting, direction, based on the measurement of the DL signals (Gutman; ¶ [0151]). Regarding claim 24, Zhang disclose the RIS of claim 21, further comprising: a receiver (740) coupled to one or more scattering elements (716) in the array of scattering elements (712) (paras. [0091], [0093]; Fig. 7), wherein Zhang do not disclose the receiver is configured to measure, using the one or more antenna elements, a downlink (DL) signal transmitted by the second electronic device. In the same field of endeavor, Gutman disclose the receiver is configured to measure, using the one or more antenna elements, a downlink (DL) signal transmitted by the second electronic device (the RIS may receive the reference signal in the dedicated resource in the DL channel associated with the TCI state of the signal, wherein the network node may transmit the reference signal on the DL channel and configure the controller to measure the DL channel using the analog hardware of the RIS; paras. [0154]-[0158]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to do so in order to improve the efficiency of the RIS by optimizing the RIS configuration, e.g., phase shifting, direction, based on the measurement of the DL signals (Gutman; ¶ [0151]). Claims 8 and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al (US 2024/0,356,217) in view of Zhu et al (US 2022/0,407,222; hereinafter Zhu). Regarding claim 8, Zhang disclose the first electronic device of claim 7, wherein Zhang disclose the electronic device comprises an antenna (807) (¶ [0097]; Fig. 8). Zhang do not disclose the antenna is configured to transmit, to the third electronic device, a message identifying the measurement of the DL signal. In the same field of endeavor, Zhu disclose a device further comprising an antenna configured to transmit, to the third electronic device, a message identifying the measurement of the DL signal (At step 115, rUE #1 may receive the SSB and measure the L1-RSRP of each SSB block, and rUE #1 or the IRS may transmit a report of the measured L1-RSRP values back to the gNB; Fig. 8, paras. [0078]-[0079]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to do so in order to configure different departure angles for successively transmitted reference signals that are reflected by the IRS and monitored by the UE (Zhu; paras. [0059]-[0060]). Regarding claim 25, Zhang disclose the RIS of claim 24, wherein Zhang disclose the electronic device comprises an antenna (807) (¶ [0097]; Fig. 8). Zhang do not disclose the antenna is configured to transmit, to the first electronic device, a message identifying the measurement of the DL signal. In the same field of endeavor, Zhu disclose a device further comprising an antenna configured to transmit, to the first electronic device, a message identifying the measurement of the DL signal (At step 115, rUE #1 may receive the SSB and measure the L1-RSRP of each SSB block, and rUE #1 or the IRS may transmit a report of the measured L1-RSRP values back to the gNB; Fig. 8, paras. [0078]-[0079]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to do so in order to configure different departure angles for successively transmitted reference signals that are reflected by the IRS and monitored by the UE and determine the best departure angles for transmitting beams to the IRS and the best arrival angles at the IRS for receiving signals (Zhu; paras. [0059]-[0060]). Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al (US 2024/0,356,217) in view of Kim et al (WO 2024/034,778; hereinafter Kim). Regarding claim 22, Zhang disclose the RIS of claim 21, wherein Zhang do not disclose the one or more processors being further configured to, at a third time, program the adjustable devices based on an additional control signal received from the first electronic device. In the same field of endeavor, Kim disclose the one or more processors being further configured to, at a third time, program the adjustable devices based on an additional control signal received from the first electronic device (pg. 20, lines 18-21, Figs. 11a-11b). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to do so in order to provide the option of having more than one device sending control signals to the RIS for beam switching or beam sweeping purposes (Kim; pg. 21, lines 17-22). Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al (US 2024/0,356,217) in view of Gutman et al (US 2024/0,007,881) further in view of Saab et al (US 2023/0,344,506; hereinafter Saab). Regarding claim 9, Zhang and Gutman disclose the first electronic device of claim 7, 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 incoming UL signals may be amplified through reflection using the reflective elements, Zhang; paras. [0038], [0050], [0080], [0093]; the RIS may receive a reference signal on a dedicated resource of the UL channel for measuring the UL channel; Gutman, paras. [0050], [0082], [0107], [0154]-[0158]). Zhang and Gutman do not disclose the device further comprising an antenna configured to transmit a message instructing the second electronic device or the third electronic device to control the RIS. In the same field of endeavor, Saab disclose a reflective device further comprising an antenna (532, 672) configured to transmit a message (e.g. 664) instructing the second electronic device (602) or the third electronic device to control the RIS (670) (Fig. 6; paras. [0075], [0081]-[0086]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to do so in order to allow the RIS to send a feedback control signal to the other electronic device to send signals to the reflective device. Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al (US 2024/0,356,217) in view of Zhu et al (US 2022/0,407,222) further in view of Saab et al (US 2023/0,344,506). Regarding claim 10, Zhang and Zhu disclose the first electronic device of claim 8, wherein they do not disclose the device further comprising an antenna configured to transmit a message instructing the second electronic device or the third electronic device to control the RIS. In the same field of endeavor, Saab disclose a reflective device further comprising an antenna (532, 672) configured to transmit a message (e.g. 664) instructing the second electronic device (602) or the third electronic device to control the RIS (670) (Fig. 6; paras. [0075], [0081]-[0086]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to do so in order to allow the RIS to send a feedback control signal to the other electronic device to send signals to the reflective device. Allowable Subject Matter 16. Claim 28 is 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. Regarding claim 28, Zhang disclose the method of claim 27, wherein they do not disclose the method further comprising: calculating, using the one or more processors, the first set of impedances, performing, using the one or more processors and at least one scattering element in the array of scattering elements, measurements based on signals transmitted by the second electronic device, wherein calculating the first set of impedances comprises calculating the first set of impedances based at least in part on the measurements. Double Patenting 17. The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. 18. Claims 1, 3-10, 21-22, and 24-26 are provisionally rejected on the ground of non-statutory double patenting as being unpatentable over claims 1-8, 10, and 9 of co-pending Application No. 18/464,144 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because they both claim similar subject matter. Current Application No. 18/464,161 Co-pending Application No. 18/464,144 1. 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: an array of scattering elements; adjustable devices coupled to the array of scattering elements; and one or more processors, the one or more processors being configured to, at a first time, program the adjustable devices, and at a second time, program the adjustable devices based on a control signal received from the second electronic device 1. 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: an array of scattering elements; adjustable devices coupled to the array of scattering elements; and 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 at a second time, program the adjustable devices based on a second control signal received from the third electronic device. 3. The first electronic device of claim 1, wherein the adjustable devices comprise diodes, the one or more processors being configured to program the adjustable devices by supplying voltages to the diodes. 2. The first electronic device of claim 1, wherein the adjustable devices comprise diodes, the one or more processors being configured to program the adjustable devices by supplying voltages to the diodes. 4. The first electronic device of claim 1, the adjustable devices 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. 3. The first electronic device of claim 1, the adjustable devices 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. 5. The first electronic device of claim 4, 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. 4. 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. 6. The first electronic device of claim 1, further comprising: a receiver coupled to one or more scattering elements in the array of scattering elements. 5. The first electronic device of claim 1, further comprising: a receiver coupled to one or more scattering elements in the array of scattering elements. 7. The first electronic device of claim 6, wherein the receiver is configured to measure, using the one or more scattering elements, a downlink (DL) signal transmitted by the second electronic device. 6. The first electronic device of claim 5, wherein the receiver is configured to measure, using the one or more scattering elements, a downlink (DL) signal transmitted by the second electronic device. 8. The first electronic device of claim 7, further comprising an antenna configured to transmit, to the third electronic device, a message identifying the measurement of the DL signal. 7. The first electronic device of claim 6, further comprising an antenna configured to transmit, to the third electronic device, a message identifying the measurement of the DL signal. 9. The first electronic device of claim 7, wherein the receiver is configured to measure, using the one or more scattering elements, an uplink (UL) signal transmitted by the third electronic device, further comprising an antenna configured to transmit a message instructing the second electronic device or the third electronic device to control the RIS. 8. The first electronic device of claim 6, wherein the receiver is configured to measure, using the one or more scattering elements, an uplink (UL) signal transmitted by the third electronic device. 10. The first electronic device of claim 5, 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. 10. The first electronic device of claim 8, further comprising an antenna configured to transmit a message instructing the second electronic device or the third electronic device to control the RIS. 9. The first electronic device of claim 8, further comprising an antenna configured to transmit a message instructing the second electronic device or the third electronic device to control the RIS. This is a provisional non-statutory double patenting rejection because the patentably indistinct claims have not in fact been patented. Conclusion 19. Any inquiry concerning this communication or earlier communications from the examiner should be directed to LANA N LE whose telephone number is (571)272-7891. The examiner can normally be reached M-F 8:30am-4:30pm. 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, 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. /LANA N LE/Primary Examiner, Art Unit 2648
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Prosecution Timeline

Sep 08, 2023
Application Filed
Apr 28, 2026
Non-Final Rejection mailed — §102, §103, §DOUBLEPATENT (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
82%
Grant Probability
95%
With Interview (+13.3%)
2y 11m (~2m remaining)
Median Time to Grant
Low
PTA Risk
Based on 595 resolved cases by this examiner. Grant probability derived from career allowance rate.

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