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
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(s) 1-3, 5-13 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dai et al. (Dai, US PGPub 2022/0271995) in view of Dutta et al. (Dutta, US PGPub 2023/0199767).
Referring to Claim 1, Dai teaches at least one processor (Fig. 13 #1304; [0105]); and at least one memory ([0105] see the description with respect to processor #1304) storing instructions that, when executed by the at least one processor, cause the apparatus at least to perform: a transmission (Fig. 12 and 13 #1334 and 1340; [0101] and [0106]) of information relating to one or more reflectors (reflection coefficient related to the RIS) within a scattering environment (Fig. 1 #110; [0040]) to a network apparatus (Fig. 1 and 13 #102; [0035] and [0105]), wherein the information includes at least a reflecting profile of the one or more reflectors and can be used by the network apparatus to enable signals reflected from the one or more reflectors to be used for a position determination; [0032] and Fig. 12 #1210; [0101], but does not explicitly teach the reflectors are passive.
Dai teaches that the RIS reflectors can be near passive; [0031]; while this could be interpreted to read on the claimed limitation, it is not explicit.
However, Dutta teaches using near passive and passive RIS reflectors; [0068].
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Dai with the passive reflectors as taught by Dutta as they predictably use little to no power consumption, thereby improving power efficiency of the network.
Referring to Claims 2 and 10, Dai as modified by Dutta teaches wherein the information relating to the one or more passive reflectors is comprised within a scattering environment information report; [0094-0095] of Dai and [0068] of Dutta.
Referring to Claim 3, Dai as modified by Dutta teaches wherein the instructions, when executed by the at least one processor, cause the apparatus to perform transmission of information relating to one or more of: a position of the one or more passive reflectors; an identifier of the one or more passive reflectors; an indication of a type of reflectors of the one or more passive reflectors; an indication of a reflecting profile of the one or more passive reflectors; information relating to a reconfigurable intelligent surface of the one or more passive reflectors; a reflector confidence of the one or more passive reflectors; information about one or more other objects in the scattering environment; [0108] of Dai and [0068] of Dutta.
Referring to Claim 5, Dai as modified by Dutta teaches wherein the instructions, when executed by the at least one processor, cause the apparatus to perform a transmission of the information relating to the one or more passive reflectors in response to receiving an indication that information about the scattering environment is requested; [0103] of Dai and [0068] of Dutta.
Referring to Claim 6, Dai as modified by Dutta teaches the instructions, when executed by the at least one processor, cause the apparatus to perform a transmission, but does not explicitly disclose nor limit the transmission of an enquiry as to whether information relating to the one or more passive reflectors is requested.
However, Dai teaches the transmission of multiple messages prior to the RIS waking up and maintaining a reduced power state; [0134].
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Dai as modified by Dutta with the enquiry transmission so as to predictably allow the apparatus to maintain a reduced power state until the request confirmation is received.
Referring to Claim 7, Dai as modified by Dutta teaches wherein the apparatus comprises a Transmit/Receive Point (TRP); [0049].
Referring to Claim 8, Dai teaches transmitting information relating to one or more reflectors within a scattering environment to a network apparatus, wherein the information includes at least a reflecting profile of the one or more passive reflectors and can be used by the network apparatus to enable signals reflected from the one or more reflectors to be used for a position determination; see the citations of Claim 1 above as this claim is the method equivalent to the processor instructions in Claim 1, but does not explicitly teach the reflectors are passive.
Dai teaches that the RIS reflectors can be near passive; [0031]; while this could be interpreted to read on the claimed limitation, it is not explicit.
However, Dutta teaches using near passive and passive RIS reflectors; [0068].
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Dai with the passive reflectors as taught by Dutta as they predictably use little to no power consumption, thereby improving power efficiency of the network.
Referring to Claim 9, Dai teaches at least one processor (Fig. 13 #1304; [0105]); and at least one memory ([0105] see the description with respect to processor #1304) storing instructions that, when executed by the at least one processor, cause the apparatus at least to perform: receiving (Fig. 12 and 13 #1330 and 1340; [0100] and [0106]) information relating to one or more reflectors (reflection coefficient related to the RIS) within a scattering environment (Fig. 1 #110; [0040]), wherein the information includes at least a reflecting profile of the one or more passive reflectors and can be used by the network apparatus Fig. 1 and 13 #102; [0035] and [0105]) to enable signals reflected from the one or more reflectors to be used for a position determination; [0032] and Fig. 12 #1210; [0101], but does not explicitly teach the reflectors are passive.
Dai teaches that the RIS reflectors can be near passive; [0031]; while this could be interpreted to read on the claimed limitation, it is not explicit.
However, Dutta teaches using near passive and passive RIS reflectors; [0068].
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Dai with the passive reflectors as taught by Dutta as they predictably use little to no power consumption, thereby improving power efficiency of the network.
Referring to Claims 11 and 15, Dai as modified by Dutta teaches wherein the instructions, when executed by the at least one processor, cause the network apparatus to perform; a transmission of the received information relating to the one or more passive reflectors to at least one of: an access node apparatus; a User Equipment (UE); a sensing node; [0032] and [0100-0101] of Dai and [0068] of Dutta.
Referring to Claim 12, Dai as modified by Dutta teaches wherein the network apparatus comprises a management function; [0047].
Referring to Claim 13, Dai as modified by Dutta teaches at least one processor; and at least one memory storing instructions that, when executed by the at least one processor, cause the apparatus at least to perform: receiving information relating to one or more reflectors within a scattering environment from a network entity, wherein the information relating to the one or more reflectors can be used by the node apparatus to enable signals reflected from the one or more reflectors to be used for a position determination; see citations of Claim 9 as the only difference is claim 9 is directed to a network apparatus and claim 13 is directed to a node apparatus which are essentially the same.
Claim(s) 4 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dai as modified by Dutta in view of Haustein et al. (Haustein, US PGPub 2024/0414558).
Referring to Claim 4, Dai as modified by Dutta teaches the information about the one or more other objects in the scattering environment, but does not explicitly disclose nor suggest it facilitates generation of a digital twin of the scattering environment.
However, Haustein teaches the generation of a digital twin of the scattering environment; [0013-0014].
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Dai as modified by Dutta with the digital twin as taught by Haustein so as to have virtual copy of the environment to allow for optimization of operations within the environment.
Referring to Claim 14, Dai as modified by Dutta and Haustein teaches wherein the information relating to the one or more reflectors within a scattering environment comprises one or more angle of arrival search windows; [0204] of Haustein.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-15 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WHITNEY T MOORE whose telephone number is (571)270-3338. The examiner can normally be reached Monday-Friday from 7am-4pm.
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/WHITNEY MOORE/Primary Examiner, Art Unit 3646
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