DETAILED ACTION
Response to Amendment
This office action is a response to an amendment filed on 02/27/2027.No amendment has been added.
Response to Arguments
Applicant's arguments filed on 02/27/2027 have been fully considered but they are not persuasive.
The applicant argues on page 15-17 that current prior art does not teach independent claim 1, 11, 16 and 27; therefore, current rejection should be withdrawn and the case should be allowed. In response, examiner disagrees with the applicant. The examiner’s interpretation of claims 1 and 16 are a network node with a processor and a memory receives from a network entity a configuration code book associate with a reconfigurable intelligent surface (RIS) pattern, the network node also receives an indication of codeword in the codebook that is potentially associated with RIS element failure based at least in part on one or more RIS attributes, perform an RIS failure mitigation based at least in part on the indication. TAPIO’s teaching in fig. 2, RIS 202 and RIS controller 204 together is equated to a network entity, his teaching in paragraph 80 about communicating by the node with the RIS controller explicitly teaches the node receives from the network entity, paragraph 2 teaches using RIS technologies, forming a beam pattern by the RIS is interpreted as using a RSI pattern, his teaching in paragraph 93 about using a redesigned associated codebook for the improvement performance of RIS is interpreted as using a configuration of a codebook associated with a reconfigurable intelligent surface (RIS) pattern, his teaching in paragraph 80 about communicating by the node with the RIS controller explicitly teaches the node receives from the network entity, control place message or RRC signal is equated to an indication, his teaching in paragraph 96 about using one or more rows with DTF matrix is equated to code words in the code book, his teaching in paragraph 100 about using presence of RIS units, properties of RIS units, information associate with RIS type and/or capabilities are equated to RIS element and RSI attributes, his teaching in paragraph 98 about using a fail rate and/or search time is equated to RIS element failure, his teaching in paragraph 100 about advertising a beacon signal associate with available RIS resources is interpreted as receiving from the network entity, an indication of a codeword in the codebook that is potentially associated with RIS element failure based at least in part on one or more RIS attributes, and his teaching in paragraph 93, using one or more new dedicate control link by the gNB for the RIS explicitly teaches perform an RIS failure mitigation based at least in part on the indication. Furthermore, Fan’s teaches in paragraph 143 about using a memory, his teaching in paragraph 156 about using access point is equated to a network node, and his teaching in paragraph 143 and 156 together teach one or more processors, coupled to the one or more memories, individually or collectively configured to cause the network node. The examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, Fan in combination with TAPIO teach claimed innovation.
As for claims 11 and 26, the examiner’s interpretation of these claims is a network entity with processor and a memory identify a first network node to transmit a pilot signal, identify a second network node to receive the pilot signal and compute a measurement report based at least in part on the pilot signal, transmit, to a reconfigurable intelligent surface (RIS) controller, a configuration to apply an RIS pattern from a dedicated failed element detection codebook in accordance with a time schedule, receive, from the second network node, the measurement report and transmit, to the RIS controller, an updated codebook, wherein the updated codebook is based at least in part on the measurement report. TAPIO’s teaching in fig. 2 RIS 202 and RIS controller 204 together is equated to a network entity, node 1 is equated to a first network node, his teaching in paragraph 80 about using a control plane message is equated to a pilot signal, transmitting/receiving control plane message between RIS and node is interpreted as identifying a first network node using a pilot signal, his teaching in fig. 2, node 2 is equated to a first network node, his teaching in paragraph 80 about using a control plane message is equated to a pilot signal, transmitting/receiving control plane message between RIS and node is interpreted as identifying a second network node to receive the pilot signal, measurement result is equated to a measurement report, receiving a feedback signal by the RIS 202 standalone unit and performing deployment based on calculated (performance indicator) measurement result explicitly teaches compute a measurement report based at least in part on the pilot signal, his teaching in fig.2, element 204 is equated to RIS controller, having a connection between the RIS 202 and 204 explicitly teaches transmitting to the RIS controller, his teaching in paragraph 100 about having a presence of RIS units, properties of RIS units, information associate with RIS type and/or capabilities are equated to RIS pattern, his teaching in paragraph 98 about using search time is equated to a time schedule, fail rate is equated to dedicated failed element, his teaching in paragraph 100 about advertising a beacon signal associate with available RIS resources is interpreted as configuring to apply an RIS pattern from a dedicated failed element detection codebook in accordance with a time schedule, his teaching in paragraph 80 about using a measurement result is equated to a measurement report, calculating performance indicator based on the received measurement result from a receiving node explicitly teaches receiving, from the second network node, the measurement report, his teaching in fig.2, element 204 is equated to RIS controller, having a connection between the RIS 202 and 204 explicitly teaches transmitting to the RIS controller, his teaching in paragraph 80 about using the measurement result based on SNR is interpreted as the SNR is part of the measurement report, his teaching in paragraph 96 about using a target SNR value for determining a code book size explicitly teaches updating codebook, wherein the updated codebook is based at least in part on the measurement report. Furthermore, Fan’s teaching in paragraph 80 about using a BS with programmed RIS is equated to a network entity, his teaching in paragraph 36 is interpreted as the network entity uses a memory and one or more processors, coupled to the one or more memories, individually or collectively configured to cause the network entity. The examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, Fan in combination with TAPIO teach claimed innovation.
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.
Claims 1, 11, 16 and 26 are rejected under 35 U.S.C. 103 (a) as being unpatentable over TAPIO et al. (hereinafter, “TAPIO”; WO2024015324) in view of Fan et al. (hereinafter, “Fan”; 20240039591).
In response to claims 1 and 16,
TAPIO teaches receive, from a network entity, a configuration of a codebook associated with a reconfigurable intelligent surface (RIS) pattern (fig. 2, RIS 202 and RIS controller 204 together is equated to a network entity, paragraph 80, communicating by the node with the RIS controller explicitly teaches the node receives from the network entity, paragraph 2 teaches using RIS technologies, paragraph 80, forming a beam pattern by the RIS is interpreted as using a RSI pattern, paragraph 93,using a redesigned associated codebook for the improvement performance of RIS is interpreted as using a configuration of a codebook associated with a reconfigurable intelligent surface (RIS) pattern);
receive, from the network entity, an indication of a codeword in the codebook that is potentially associated with RIS element failure based at least in part on one or more RIS attributes (paragraph 80, communicating by the node with the RIS controller explicitly teaches the node receives from the network entity, control place message or RRC signal is equated to an indication paragraph 96, one or more rows with DTF matrix is equated to code words in the code book, paragraph 100, presence of RIS units, properties of RIS units, information associate with RIS type and/or capabilities are equated to RIS element and RSI attributes, paragraph 98, fail rate and/or search time is equated to RIS element failure, paragraph 100, advertising a beacon signal associate with available RIS resources is interpreted as receiving from the network entity, an indication of a codeword in the codebook that is potentially associated with RIS element failure based at least in part on one or more RIS attributes); and
perform an RIS failure mitigation based at least in part on the indication (paragraph 93, using one or more new dedicate control link by the gNB for the RIS explicitly teaches this limitation).
TAPIO does not teach explicitly about an apparatus for wireless communication at a network node, comprising: one or more memories, one or more processors, coupled to the one or more memories, individually or collectively configured to cause the network node.
Fan in view of TAPIO teaches an apparatus for wireless communication at a network node, comprising: one or more memories (paragraph 143 teaches using a memory, paragraph 156, access point is equated to a network node); and
one or more processors, coupled to the one or more memories, individually or collectively configured to cause the network node to (paragraph 156 teaches using a processor, paragraph 143 and 156 together teach this limitation):
It would have been obvious within the scope of a person of ordinary skill in the art before the effective filing date of the claimed invention to modify TAPIO for using an apparatus for wireless communication at a network node, comprising: one or more memories and one or more processors, coupled to the one or more memories, individually or collectively configured to cause the network node as taught by Fan because it would allow a beam management and beam failure recovers procedure for a beam width.
In response to claims 11 and 26,
TAPIO teaches identify a first network node to transmit a pilot signal (fig. 2 RIS 202 and RIS controller 204 together is equated to a network entity, node 1 is equated to a first network node, paragraph 80, control plane message is equated to a pilot signal, transmitting/receiving control plane message between RIS and node is interpreted as identifying a first network node using a pilot signal);
identify a second network node to receive the pilot signal and compute a measurement report based at least in part on the pilot signal (fig. 2, node 2 is equated to a first network node, paragraph 80, control plane message is equated to a pilot signal, transmitting/receiving control plane message between RIS and node is interpreted as identifying a second network node to receive the pilot signal, measurement result is equated to a measurement report, receiving a feedback signal by the RIS 202 standalone unit and performing deployment based on calculated (performance indicator) measurement result explicitly teaches compute a measurement report based at least in part on the pilot signal);
transmit, to a reconfigurable intelligent surface (RIS) controller, a configuration to apply an RIS pattern from a dedicated failed element detection codebook in accordance with a time schedule (fig.2, element 204 is equated to RIS controller, having a connection between the RIS 202 and 204 explicitly teaches transmitting to the RIS controller, paragraph 100, presence of RIS units, properties of RIS units, information associate with RIS type and/or capabilities are equated to RIS pattern, paragraph 98, search time is equated to a time schedule, fail rate is equated to dedicated failed element, paragraph 100, advertising a beacon signal associate with available RIS resources is interpreted as configuring to apply an RIS pattern from a dedicated failed element detection codebook in accordance with a time schedule);
receive, from the second network node, the measurement report (paragraph 80, measurement result is equated to a measurement report, calculating performance indicator based on the received measurement result from a receiving node explicitly teaches this limitation); and
transmit, to the RIS controller, an updated codebook, wherein the updated codebook is based at least in part on the measurement report (fig.2, element 204 is equated to RIS controller, having a connection between the RIS 202 and 204 explicitly teaches transmitting to the RIS controller, paragraph 80,using the measurement result based on SNR is interpreted as the SNR is part of the measurement report, paragraph 96, using a target SNR value for determining a code book size explicitly teaches updating codebook, wherein the updated codebook is based at least in part on the measurement report).
TAPIO does not teach explicitly about using an apparatus for wireless communication at a network entity, comprising: one or more memories one or more processors, coupled to the one or more memories, individually or collectively configured to cause the network.
Fan in view of TAPIO teaches an apparatus for wireless communication at a network entity, comprising: one or more memories (paragraph 80, a BS with programmed RIS is equated to a network entity, paragraph 36 is interpreted as the network entity uses a memory); and
one or more processors, coupled to the one or more memories, individually or collectively configured to cause the network entity to (paragraph 36 teaches this limitation):
It would have been obvious within the scope of a person of ordinary skill in the art before the effective filing date of the claimed invention to modify TAPIO for using an apparatus for wireless communication at a network node, comprising: one or more memories and one or more processors, coupled to the one or more memories, individually or collectively configured to cause the network node as taught by Fan because it would allow a beam management and beam failure recovers procedure for a beam width.
Allowable Subject Matter
Claims 2-10, 12-15, 16-25 and 27-30 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.
As for dependent claims 2 and 17, these claims are objected, because these is no prior art in the record that teaches claimed limitation “wherein the one or more RIS attributes include an array size associated with an RIS, an inter-element spacing associated with the RIS, or a reflection or refraction coefficient alphabet associated with the RIS.”
The closet prior art in the record TAPIO et al. (WO2024015324) teaches in paragraph performing communication between RIS node/nodes and other communication nodes, providing feedback by the nodes, and deploying the RIS node based on measurement result, teaches in paragraph 96 about using a targeted SNR for determining district Fourier transform (DFT) matrix, he teaches in paragraph 98 about using a code book size based on a failed rate and/or search time, and he teaches in paragraph 100 about sending an advertisement message by the ROS node for available resources, but he fails to teach the cited claimed limitation.
As for dependent claims 3 and 18, these claims are objected, because these is no prior art in the record that teaches claimed limitation “wherein the codebook is tailored to one or more of: a target incident direction, a set of target reflect or refract directions, or a set of distances along the target reflect or refract directions.”
The closet prior art in the record TAPIO et al. (WO2024015324) teaches in paragraph performing communication between RIS node/nodes and other communication nodes, providing feedback by the nodes, and deploying the RIS node based on measurement result, teaches in paragraph 96 about using a targeted SNR for determining district Fourier transform (DFT) matrix, he teaches in paragraph 98 about using a code book size based on a failed rate and/or search time, and he teaches in paragraph 100 about sending an advertisement message by the ROS node for available resources, but he fails to teach the cited claimed limitation.
As for dependent claims 4 and 19, these claims are objected, because these is no prior art in the record that teaches claimed limitation “wherein the one or more processors, to perform the RIS failure mitigation, are individually or collectively configured to cause the network node to: transmit M repeated reference signals using a same transmit power and a same transmit beam, wherein M is a size of a subset of an RIS reflection or refraction coefficient alphabet, a sweeping is across M patterns and across M repetitions, a given pattern of the M patterns in the sweeping is the codeword multiplied by an RIS reflection or refraction coefficient phase from the subset applied as a common phase offset, and the given pattern is applied to a plurality of elements of an RIS; receive, from a receiver, a measurement report that indicates one or more measurements associated with reference signals reflected or refracted by the RIS; and transmit, to an RIS controller, an indication of a common phase offset to be used by the RIS on the codeword, wherein the common phase offset is based at least in part on the measurement report.”
The closet prior art in the record TAPIO et al. (WO2024015324) teaches in paragraph performing communication between RIS node/nodes and other communication nodes, providing feedback by the nodes, and deploying the RIS node based on measurement result, teaches in paragraph 96 about using a targeted SNR for determining district Fourier transform (DFT) matrix, he teaches in paragraph 98 about using a code book size based on a failed rate and/or search time, and he teaches in paragraph 100 about sending an advertisement message by the ROS node for available resources, but he fails to teach the cited claimed limitation.
Claims 5 and 20 are objected because these claims depend on claims 4 and 19.
As for dependent claims 6 and 21, these claims are objected, because these is no prior art in the record that teaches claimed limitation “wherein the one or more processors, to perform the RIS failure mitigation, are individually or collectively configured to cause the network node to: transmit K repeated reference signals using a same transmit power and a same transmit beam, wherein K is a number of alternate companion codewords, a sweeping is across K patterns, a given pattern in the sweeping corresponds to a companion codeword in a set of alternate companion codewords configured for the codeword, and the given pattern is applied to a plurality of elements of an RIS; receive, from a receiver, a measurement report that indicates one or more measurements associated with reference signals reflected or refracted by the RIS; and transmit, to an RIS controller, an indication of a companion codeword selected from the set of alternate companion codewords based at least in part on the measurement report, wherein the companion codeword is to be used by the RIS instead of the codeword.”
The closet prior art in the record TAPIO et al. (WO2024015324) teaches in paragraph performing communication between RIS node/nodes and other communication nodes, providing feedback by the nodes, and deploying the RIS node based on measurement result, teaches in paragraph 96 about using a targeted SNR for determining district Fourier transform (DFT) matrix, he teaches in paragraph 98 about using a code book size based on a failed rate and/or search time, and he teaches in paragraph 100 about sending an advertisement message by the ROS node for available resources, but he fails to teach the cited claimed limitation.
As for dependent claims 7 and 22, these claims are objected, because these is no prior art in the record that teaches claimed limitation “wherein the one or more processors, to perform the RIS failure mitigation, are individually or collectively configured to cause the network node to: receive, from the network entity, an indication of a companion codeword selected from a set of alternate companion codewords based at least in part on a measurement report, wherein the companion codeword is to be used by an RIS instead of the codeword.”
The closet prior art in the record TAPIO et al. (WO2024015324) teaches in paragraph performing communication between RIS node/nodes and other communication nodes, providing feedback by the nodes, and deploying the RIS node based on measurement result, teaches in paragraph 96 about using a targeted SNR for determining district Fourier transform (DFT) matrix, he teaches in paragraph 98 about using a code book size based on a failed rate and/or search time, and he teaches in paragraph 100 about sending an advertisement message by the ROS node for available resources, but he fails to teach the cited claimed limitation.
As for dependent claims 8 and 23, these claims are objected, because these is no prior art in the record that teaches claimed limitation “wherein the one or more processors, to perform the RIS failure mitigation, are individually or collectively configured to cause the network node to: receive, from the network entity, a configuration of an element switching schedule, wherein the configuration indicates a time sequence of L element switching patterns, and each element switching pattern indicates which elements of an RIS are to be turned off or moved to a low power consumption state based at least in part on RIS capability information.”
The closet prior art in the record TAPIO et al. (WO2024015324) teaches in paragraph performing communication between RIS node/nodes and other communication nodes, providing feedback by the nodes, and deploying the RIS node based on measurement result, teaches in paragraph 96 about using a targeted SNR for determining district Fourier transform (DFT) matrix, he teaches in paragraph 98 about using a code book size based on a failed rate and/or search time, and he teaches in paragraph 100 about sending an advertisement message by the ROS node for available resources, but he fails to teach the cited claimed limitation.
Claims 9-10 and 24-25 are objected because these claims depend on claims 8 and 23.
As for dependent claims 12 and 17, these claims are objected, because these is no prior art in the record that teaches claimed limitation “wherein a failed element detection for the RIS is based at least in part on the measurement report.”
The closet prior art in the record TAPIO et al. (WO2024015324) teaches in paragraph performing communication between RIS node/nodes and other communication nodes, providing feedback by the nodes, and deploying the RIS node based on measurement result, teaches in paragraph 96 about using a targeted SNR for determining district Fourier transform (DFT) matrix, he teaches in paragraph 98 about using a code book size based on a failed rate and/or search time, and he teaches in paragraph 100 about sending an advertisement message by the ROS node for available resources, but he fails to teach the cited claimed limitation.
As for dependent claims 13 and 18, these claims are objected, because these is no prior art in the record that teaches claimed limitation “wherein the one or more processors are individually or collectively configured to cause the network entity to: receive, from the second network node, supporting information along with the measurement report, wherein the supporting information indicates network node locations and an RIS orientation.”
The closet prior art in the record TAPIO et al. (WO2024015324) teaches in paragraph performing communication between RIS node/nodes and other communication nodes, providing feedback by the nodes, and deploying the RIS node based on measurement result, teaches in paragraph 96 about using a targeted SNR for determining district Fourier transform (DFT) matrix, he teaches in paragraph 98 about using a code book size based on a failed rate and/or search time, and he teaches in paragraph 100 about sending an advertisement message by the ROS node for available resources, but he fails to teach the cited claimed limitation.
As for dependent claims 14 and 28, these claims are objected, because these is no prior art in the record that teaches claimed limitation “wherein the one or more processors are individually or collectively configured to cause the network entity to: transmit, to the first network node and the second network node, a configuration associated with: time-frequency resources for transmitting the pilot signal, time-frequency resources for receiving the pilot signal, a transmit beam for transmitting the pilot signal, and a receive beam for receiving the pilot signal; or receive RIS capability information and location information associated with the first network node and the second network node.”
The closet prior art in the record TAPIO et al. (WO2024015324) teaches in paragraph performing communication between RIS node/nodes and other communication nodes, providing feedback by the nodes, and deploying the RIS node based on measurement result, teaches in paragraph 96 about using a targeted SNR for determining district Fourier transform (DFT) matrix, he teaches in paragraph 98 about using a code book size based on a failed rate and/or search time, and he teaches in paragraph 100 about sending an advertisement message by the ROS node for available resources, but he fails to teach the cited claimed limitation.
As for dependent claims 15 and 30, these claims are objected, because these is no prior art in the record that teaches claimed limitation “wherein a failed element detection is based at least in part on one or more fault detection triggers, wherein a fault detection is triggered when a signal quality for an anomalous reflection or refraction, or a signal quality for a specular reflection or refraction, as indicated by the measurement report, satisfies one or more thresholds, or the fault detection is triggered based at least in part on sensor information.”
The closet prior art in the record TAPIO et al. (WO2024015324) teaches in paragraph performing communication between RIS node/nodes and other communication nodes, providing feedback by the nodes, and deploying the RIS node based on measurement result, teaches in paragraph 96 about using a targeted SNR for determining district Fourier transform (DFT) matrix, he teaches in paragraph 98 about using a code book size based on a failed rate and/or search time, and he teaches in paragraph 100 about sending an advertisement message by the ROS node for available resources, but he fails to teach the cited claimed limitation.
Conclusion
THIS ACTION IS MADE FINAL. 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 ABUSAYEED HAQUE whose telephone number is (571)270-7252. The examiner can normally be reached 9 am -7:30 pm.
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, Faruk Hamza can be reached at 571-272-7969. 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.
/ABUSAYEED M HAQUE/Examiner, Art Unit 2466
/CHRISTOPHER M CRUTCHFIELD/Primary Examiner, Art Unit 2466
Prosecution Insights