DETAILED ACTION
This Office Action is in response to the Application filed on 17 August 2023.
Claims 1-30 are presented for examination.
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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 17 August 2023. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: Using Reference Signals Reflected from Passive Devices.
Claim Objections
Claims 2-4, 13-14, 20-22, 26-27 are objected to because of the following informalities:
Claim 2, line 4 recites the limitation “is to be”. For clarity and consistency, amend to remove “to be” so as to recite “…is used for…” Please apply to claims 3-4, 13-14, 20-22, 26-27 as well.
Appropriate correction is required.
Dependent claims 15-18 and 28-30 are also objected to since they are dependent upon the objected claims set forth above.
Claims 1 and 13 recite, non-functional descriptive material limitations, “A user equipment (UE) for wireless communication, comprising: a memory; and one or more processors, coupled to the memory, configured to...in lines 1-3.
“A user equipment (UE) for wireless communication, comprising: one or more processors…” merely serves a support for data instructions, and the data instruction will not impart/convey a patentable distinction when no functional relationship exists. In particular, a processing means cannot process data instruction alone, and require enabling a computer processor/CPU to process the data instruction in order to impart/convey a patentable distinction of a claim.
Claims 1 and 13 recite, non-functional descriptive material limitations, “A base station for wireless communication, comprising: a memory; and one or more processors...in lines 1-3.
“A base station for wireless communication, comprising: one or more processors…” merely serves a support for data instructions, and the data instruction will not impart/convey a patentable distinction when no functional relationship exists. In particular, a processing means cannot process data instruction alone, and require enabling a computer processor/CPU to process the data instruction in order to impart/convey a patentable distinction of a claim.
As such, the functional language, “executing/processing data instruction stored in a non-transitory computer readable medium by a CPU or a computer processor” adds functional relationship to the clamed invention. Appropriate correction is required. (see MPEP 2111.05)
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) 1, 4, 13, 19, 22 and 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xia et al (US 2022/0369111 A1), hereinafter Xia [provided in the IDS dated 8/17/2023], in view of Penna et al (WO 2021/221603), hereinafter Penna.
Regarding Claim 1, Xia discloses a user equipment (UE) (see Figure 11A and paragraphs 129-130; a user equipment (UE)/electronic (ED) 1110) for wireless communication (see Figure 1 and paragraph 127; for wireless/wireless communication/communication), comprising:
a memory (see Figure 11A and paragraph 133; a memory/memory 1108); and
one or more processors (see Figure 11 and paragraph 130; one or more processors/processing unit 1100), coupled to the memory (see Figure 11A and paragraph 133; coupled to the memory/memory 1108), configured to:
receive a first set of reference signals and a second set of reference signals from a base station (see Figure 4 and paragraphs 13 and 61; receive/transmission a first set of reference signals/(transmission 415) and a second set of reference signals/(transmission 420) from a base station/transmitting device (TD) 405, e.g., an access node), wherein the second set of reference signals are reflected from a first passive device (see Figures 4-5 and paragraphs 13 and 64; wherein the second set of reference signals/(transmission 420) are reflected/reflects from/off a first passive device/wall 425); and
communicate with the base station (see Figure and paragraphs 63-65; communicate/transmission with the base station/TD 405).
Although Xia discloses receiving a first set of reference signals and a second set of reference signals from a base station as set forth above,
Xia does not explicitly disclose “communicate with the base station in consideration of the first passive device”.
However, Penna discloses a user equipment (UE) for wireless communication, comprising:
communicate with the base station in consideration of the first passive device (see Figure 5A, steps 570-590 and paragraph 97; communicate/(in step 580 the UE takes measurement and step 590 the UE sends the measurement report to serving gNB 170) with the base station/(serving gNB 170) in consideration/(with knowledge of a location) of the first passive device/reconfigurable reflecting surface (e.g., IRS 220)).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include “communicate with the base station in consideration of the first passive device” as taught by Xia in the system of Penna to provide positioning of UEs using Intelligent Reflecting Surfaces (IRSs) or other reconfigurable reflecting surfaces (see page 1, paragraph 1 of Penna).
Regarding Claim 4, Although Xia discloses receiving a first set of reference signals and a second set of reference signals from a base station as set forth above,
Xia does not explicitly disclose “measure the first set of reference signals and the second set of reference signals” or “transmit measurements of the first set of reference signals and measurements of the second set of reference signals” or “receive an indication of whether the first passive device is to be used for communication”.
However, Penna discloses the UE, wherein the one or more processors are configured to:
measure the first set of reference signals and the second set of reference signals (see Figure 5A, step 550, 560, 570 and 580 and paragraphs 97-98; measure/(UE measurements 580) the first set of reference signals/(PRS transmission 570) and the second set of reference signals/PRS transmission 550 on active reflector 560);
transmit measurements of the first set of reference signals and measurements of the second set of reference signals (see Figure 5A, step 590 and paragraph 97-98; transmit/sends measurements/(one or more measurement report 590) of the first set of reference signals/(PRS transmission 570) and measurements/(one or more measurement report 590) of the second set of reference signals/PRS transmission 550 on active reflector 560); and
receive an indication of whether the first passive device is to be used for communication (see Figure 5A, steps 595 and 597 and paragraph 97; receive an indication/(on or off indication of active reflector 560) of whether the first passive device/(active reflector 560) is to be used for communication/transmission and reception).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include “measure the first set of reference signals and the second set of reference signals” or “transmit measurements of the first set of reference signals and measurements of the second set of reference signals” or “receive an indication of whether the first passive device is to be used for communication” as taught by Xia in the system of Penna to provide positioning of UEs using Intelligent Reflecting Surfaces (IRSs) or other reconfigurable reflecting surfaces (see page 1, paragraph 1 of Penna).
Regarding Claim 13, Xia discloses a base station (see Figure 11B and paragraph 129; a base station/base station 1170) for wireless communication (see Figure 1 and paragraph 127; for wireless/wireless communication/communication), comprising:
a memory (see Figure 11B and paragraph 134; a memory/memory 1158); and
one or more processors (see Figure 11B and paragraph 134; one or more processors/processing unit 1150), coupled to the memory (see Figure 11B and paragraph 134; coupled to the memory/memory 1158), configured to:
transmit (see Figure 4 and paragraphs 13, 61 and 83-86; transmit/transmission), to a user equipment (UE) (see Figure 4 and paragraphs 13, 61-63 and 83-86; to a user equipment (UE)/receiving device), a first set of reference signals and a second set of reference signals (see Figure 4 and paragraphs 13, 61 and 83-86; a first set of reference signals/(transmission 415) and a second set of reference signals/(transmission 420) from a base station/transmitting device (TD) 405, e.g., an access node), wherein the second set of reference signals are reflected off a first passive device (see Figures 4-5 and paragraphs 13, 64 and 83-86; wherein the second set of reference signals/(transmission 420) are reflected/reflects from/off a first passive device/wall 425);
receive (see Figure 4 and paragraphs 13 and 61; receive/transmission), from the UE (see Figure 4 and paragraphs 13, 61-63 and 83-86; from the UE/receiving device), one or more of measurements of the first set of reference signals (see Figure 4 and paragraphs 13, 61, 64 and 83-86; one or more of measurements/(signal strength, signal plus interference to noise ratio (SINR), signal to noise ration (SNR), etc) of the first set of reference signals/transmission 415), measurements of the second set of reference signals (see Figure 4 and paragraphs 13, 61, 64 and 83-86; measurements/(signal strength, signal plus interference to noise ratio (SINR), signal to noise ratio (SNR), etc),
communicate with the UE (see Figure and paragraphs 63-65; communicate/transmission with the UE/RD 410).
Although Xia discloses transmitting a first set of reference signals and a second set of reference signals as set forth above,
Xia does not explicitly disclose “communicate with the UE in consideration of the first passive device based at least in part on the receiving”.
However, Penna discloses a base station for wireless communication, comprising:
communicate with the UE in consideration of the first passive device based at least in part on the receiving (see Figure 5A, steps 570-590 and paragraph 97; communicate/(in step 580 the UE takes measurement and step 590 the UE sends the measurement report to serving gNB 170) with the UE/(serving gNB 170) in consideration/(with knowledge of a location) of the first passive device/reconfigurable reflecting surface (e.g., IRS 220) based at least in part on the receiving/UE 110 sends Serving gNB 170 UE measurement report).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include “communicate with the UE in consideration of the first passive device based at least in part on the receiving” as taught by Xia in the system of Penna to provide positioning of UEs using Intelligent Reflecting Surfaces (IRSs) or other reconfigurable reflecting surfaces (see page 1, paragraph 1 of Penna).
Regarding Claim 19, Xia discloses a method of wireless communication (see Figure 1 and paragraphs 2 and 127; a method/methods of wireless/wireless communication/communication) performed by a user equipment (UE) (see Figure 11A and paragraphs 129-130; performed by a user equipment (UE)/electronic (ED) 1110), comprising:
receiving a first set of reference signals and a second set of reference signals from a base station (see Figure 4 and paragraphs 13 and 61; receiving/transmission a first set of reference signals/(transmission 415) and a second set of reference signals/(transmission 420) from a base station/transmitting device (TD) 405, e.g., an access node), wherein the second set of reference signals are reflected from a first passive device (see Figures 4-5 and paragraphs 13 and 64; wherein the second set of reference signals/(transmission 420) are reflected/reflects from/off a first passive device/wall 425); and
communicating with the base station in consideration of the first passive device (see Figure and paragraphs 63-65; communicating/transmission with the base station/TD 405).
Although Xia discloses receiving a first set of reference signals and a second set of reference signals from a base station as set forth above,
Xia does not explicitly disclose “communicating with the base station in consideration of the first passive device”.
However, Penna discloses a method of wireless communication performed by a user equipment (UE), comprising:
communicating with the base station in consideration of the first passive device (see Figure 5A, steps 570-590 and paragraph 97; communicating/(in step 580 the UE takes measurement and step 590 the UE sends the measurement report to serving gNB 170) with the base station/(serving gNB 170) in consideration/(with knowledge of a location) of the first passive device/reconfigurable reflecting surface (e.g., IRS 220)).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include “communicating with the base station in consideration of the first passive device” as taught by Xia in the system of Penna to provide positioning of UEs using Intelligent Reflecting Surfaces (IRSs) or other reconfigurable reflecting surfaces (see page 1, paragraph 1 of Penna).
Regarding Claim 22, Although Xia discloses receiving a first set of reference signals and a second set of reference signals from a base station as set forth above,
Xia does not explicitly disclose “measuring the first set of reference signals and the second set of reference signals” or “transmitting measurements of the first set of reference signals and measurements of the second set of reference signals” or “receiving an indication of whether the first passive device is to be used for communication”.
However, Penna discloses the method, further comprising:
measuring the first set of reference signals and the second set of reference signals (see Figure 5A, step 550, 560, 570 and 580 and paragraphs 97-98; measuring/(UE measurements 580) the first set of reference signals/(PRS transmission 570) and the second set of reference signals/PRS transmission 550 on active reflector 560);
transmitting measurements of the first set of reference signals and measurements of the second set of reference signals (see Figure 5A, step 590 and paragraph 97-98; transmitting/sends measurements/(one or more measurement report 590) of the first set of reference signals/(PRS transmission 570) and measurements/(one or more measurement report 590) of the second set of reference signals/PRS transmission 550 on active reflector 560); and
receiving an indication of whether the first passive device is to be used for communication (see Figure 5A, steps 595 and 597 and paragraph 97; receiving/transmission an indication/(on or off indication of active reflector 560) of whether the first passive device/(active reflector 560) is to be used for communication/transmission and reception).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include “measuring the first set of reference signals and the second set of reference signals” or “transmitting measurements of the first set of reference signals and measurements of the second set of reference signals” or “receiving an indication of whether the first passive device is to be used for communication” as taught by Xia in the system of Penna to provide positioning of UEs using Intelligent Reflecting Surfaces (IRSs) or other reconfigurable reflecting surfaces (see page 1, paragraph 1 of Penna).
Regarding Claim 26, Xia discloses a method of wireless communication performed by a base station, comprising:
transmitting (see Figure 4 and paragraphs 13, 61 and 83-86; transmitting/transmission), to a user equipment (UE) (see Figure 4 and paragraphs 13, 61-63 and 83-86; to a user equipment (UE)/receiving device), a first set of reference signals and a second set of reference signals (see Figure 4 and paragraphs 13, 61 and 83-86; a first set of reference signals/(transmission 415) and a second set of reference signals/(transmission 420) from a base station/transmitting device (TD) 405, e.g., an access node), wherein the second set of reference signals are reflected off a first passive device (see Figures 4-5 and paragraphs 13, 64 and 83-86; wherein the second set of reference signals/(transmission 420) are reflected/reflects from/off a first passive device/wall 425);
receiving (see Figure 4 and paragraphs 13 and 61; receiving/transmission), from the UE (see Figure 4 and paragraphs 13, 61-63 and 83-86; from the UE/receiving device), one or more of measurements of the first set of reference signals (see Figure 4 and paragraphs 13, 61, 64 and 83-86; one or more of measurements/(signal strength, signal plus interference to noise ratio (SINR), signal to noise ration (SNR), etc) of the first set of reference signals/transmission 415), measurements of the second set of reference signals (see Figure 4 and paragraphs 13, 61, 64 and 83-86; measurements/(signal strength, signal plus interference to noise ratio (SINR), signal to noise ratio (SNR), etc) of the second set of reference signals/transmission 420); and
communicating with the UE (see Figure and paragraphs 63-65; communicating/transmission with the UE/RD 410).
Although Xia discloses transmitting a first set of reference signals and a second set of reference signals as set forth above,
Xia does not explicitly disclose “communicating with the UE in consideration of the first passive device based at least in part on the receiving”.
However, Penna discloses a base station for wireless communication, comprising:
communicating with the UE in consideration of the first passive device based at least in part on the receiving (see Figure 5A, steps 570-590 and paragraph 97; communicating/(in step 580 the UE takes measurement and step 590 the UE sends the measurement report to serving gNB 170) with the UE/(serving gNB 170) in consideration/(with knowledge of a location) of the first passive device/reconfigurable reflecting surface (e.g., IRS 220) based at least in part on the receiving/UE 110 sends Serving gNB 170 UE measurement report).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include “communicating with the UE in consideration of the first passive device based at least in part on the receiving” as taught by Xia in the system of Penna to provide positioning of UEs using Intelligent Reflecting Surfaces (IRSs) or other reconfigurable reflecting surfaces (see page 1, paragraph 1 of Penna).
Claim(s) 2, 14, 20 and 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xia in view of Penna, and further in view of Cheatham et al (US 2018/0123402 A1), hereinafter Cheatham.
Regarding Claim 2, Xia discloses the UE, wherein the one or more processors are configured to:
measure the first set of reference signals and the second set of reference signals (see Figure 4 and paragraphs 13, 61, 64 and 83-86; measure/(signal strength, signal plus interference to noise ratio (SINR), signal to noise ratio (SNR), etc) the first set of reference signals/(transmission 415) and the second set of reference signals/transmission 420);
transmit an indication (see Figure 4 and paragraphs 84-85; transmit/shares an indication/information), based at least in part on the measuring (see and paragraphs 83-86; based at least in part on the measuring/signal strength, signal plus interference to noise ratio (SINR), signal to noise ratio (SNR), etc).
Although the combination of Xia and Penna discloses measure the first set of reference signals and the second set of reference signals, transmit an indication as set forth above,
The combination of Xia and Penna does not explicitly disclose transmit an indication “of whether the first passive device is to be used for communication”.
However, Cheatham discloses the UE, wherein the one or more processors are configured to:
transmit an indication of whether the first passive device is to be used for communication (see Figure 2 and paragraphs 28, 32 and 34; transmit/transmitting an indication/(control signal) of whether the first passive device/(reflective surface 118) is to be used for communication/communication), based at least in part on the measuring.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include transmit an indication “of whether the first passive device is to be used for communication” as taught by Cheatham in the combined system of Xia and Penna for powering one or more sensing operations (see page 1, paragraph 12, lines 7-8 of Cheatham).
Regarding Claim 14, Xia discloses the base station, wherein the one or more processors are configured to transmit an indication (see Figure 4 and paragraphs 84-85; transmit/shares an indication/information) based at least in part on the measurements of the first set of reference signals and measurements of the second set of reference signals (see Figure 4 and paragraphs 13, 61, 64 and 83-86; based at least in part on the measurements/(signal strength, signal plus interference to noise ratio (SINR), signal to noise ratio (SNR), etc) of the first set of reference signals/(transmission 415) and measurements/( signal strength, signal plus interference to noise ratio (SINR), signal to noise ratio (SNR), etc) of the second set of reference signals/transmission 420).
Although the combination of Xia and Penna discloses transmit an indication based at least in part on the measurements of the first set of reference signals and measurements of the second set of reference signals as set forth above,
The combination of Xia and Penna does not explicitly disclose transmit an indication “of whether the first passive device is to be used for communication”.
However, Cheatham discloses the UE, wherein the one or more processors are configured to:
transmit an indication of whether the first passive device is to be used for communication (see Figure 2 and paragraphs 28, 32 and 34; transmit/transmitting an indication/(control signal) of whether the first passive device/(reflective surface 118) is to be used for communication/communication), based at least in part on the measuring.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include transmit an indication “of whether the first passive device is to be used for communication” as taught by Cheatham in the combined system of Xia and Penna for powering one or more sensing operations (see page 1, paragraph 12, lines 7-8 of Cheatham).
Regarding Claim 20, Xia discloses the method, further comprising:
measuring the first set of reference signals and the second set of reference signals (see Figure 4 and paragraphs 13, 61, 64 and 83-86; measuring/(signal strength, signal plus interference to noise ratio (SINR), signal to noise ratio (SNR), etc) the first set of reference signals/(transmission 415) and the second set of reference signals/transmission 420); and
transmitting an indication (see Figure 4 and paragraphs 84-85; transmit/shares an indication/information), based at least in part on the measuring (see and paragraphs 83-86; based at least in part on the measuring/signal strength, signal plus interference to noise ratio (SINR), signal to noise ratio (SNR), etc).
Although the combination of Xia and Penna discloses measure the first set of reference signals and the second set of reference signals, transmitting an indication as set forth above,
The combination of Xia and Penna does not explicitly disclose transmitting an indication “of whether the first passive device is to be used for communication”.
However, Cheatham discloses the method, further comprising:
transmitting an indication of whether the first passive device is to be used for communication (see Figure 2 and paragraphs 28, 32 and 34; transmitting/transmitting an indication/(control signal) of whether the first passive device/(reflective surface 118) is to be used for communication/communication).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include transmitting an indication “of whether the first passive device is to be used for communication” as taught by Cheatham in the combined system of Xia and Penna for powering one or more sensing operations (see page 1, paragraph 12, lines 7-8 of Cheatham).
Regarding Claim 27, Xia discloses the method, further comprising transmitting an indication (see Figure 4 and paragraphs 84-85; transmitting/shares an indication/information) based at least in part on the measurements of the first set of reference signals and measurements of the second set of reference signals (see Figure 4 and paragraphs 13, 61, 64 and 83-86; based at least in part on the measurements/(signal strength, signal plus interference to noise ratio (SINR), signal to noise ratio (SNR), etc) of the first set of reference signals/(transmission 415) and measurements/( signal strength, signal plus interference to noise ratio (SINR), signal to noise ratio (SNR), etc) of the second set of reference signals/transmission 420).
Although the combination of Xia and Penna discloses transmitting an indication based at least in part on the measurements of the first set of reference signals and measurements of the second set of reference signals as set forth above,
The combination of Xia and Penna does not explicitly disclose transmitting an indication “of whether the first passive device is to be used for communication”.
However, Cheatham discloses the method, further comprising transmitting an indication of whether the first passive device is to be used for communication (see Figure 2 and paragraphs 28, 32 and 34; further comprising transmitting/transmitting an indication/(control signal) of whether the first passive device/(reflective surface 118) is to be used for communication/communication).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include transmitting an indication “of whether the first passive device is to be used for communication” as taught by Cheatham in the combined system of Xia and Penna for powering one or more sensing operations (see page 1, paragraph 12, lines 7-8 of Cheatham).
Claim(s) 3 and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xia in view of Penna, and further in view of Baligh et al (US 2023/0308140 A1), hereinafter Baligh.
Regarding Claim 3, Xia discloses the UE, wherein the one or more processors are configured to:
measure one or more of the first set of reference signals (see Figure 4 and paragraphs 13, 61, 64 and 83-86; measure/(signal strength, signal plus interference to noise ratio (SINR), signal to noise ratio (SNR), etc) one or more of the first set of reference signals/(transmission 415), the second set of reference signals (see Figure 4 and paragraphs 13, 61, 64 and 83-86; measure/(signal strength, signal plus interference to noise ratio (SINR), signal to noise ratio (SNR), etc) the second set of reference signals/transmission 420).
Although the combination of Xia and Penna discloses measure one or more of the first set of reference signals as set forth above,
The combination of Xia and Penna does not explicitly disclose “select to use one or more of the first passive device or the second passive device, based at least in part on the measuring” or “transmit an indication indicating whether one or more of the first passive device or the second passive device is to be used for communication based at least in part on the selecting”.
However, Baligh discloses the UE, wherein the one or more processors are configured to:
measure one or more of the first set of reference signals (see Figure 5, steps 530 and 540 and paragraph 323; measure/measures one or more of the first set of reference signals/reference signal (RS));
select to use one or more of the first passive device (see Figure 5, step 530 and paragraph 323-324; select/(UE 506 detects RIS 504) to use one or more of the first passive device/RIS 504), based at least in part on the measuring (see Figure 5, steps 530 and 540 and paragraph 323; based at least in part on the measuring/measures); and
transmit an indication indicating whether one or more of the first passive device is to be used for communication based at least in part on the selecting (see Figure 5, step 545 and paragraphs 323-324; transmit/(UE 506 transmits) an indication/(measurement feedback: CQI 545) indicating whether one or more of the first passive device/(RIS 504) is to be used for communication/(acknowledging the RIS 504 has been detected and used to communicate) based at least in part on the selecting/UE 506 detects RIS 504).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include “select to use one or more of the first passive device or the second passive device, based at least in part on the measuring” or “transmit an indication indicating whether one or more of the first passive device or the second passive device is to be used for communication based at least in part on the selecting” as taught by Baligh in the combined system of Xia and Penna to take advantage of the controllable metasurface device capabilities, intelligence, coordination and speed, and thereby enable solutions having different signaling details and capability requirements (see page 1, paragraph 8 of Baligh).
Regarding Claim 21, Xia discloses the method, further comprising:
measuring one or more of the first set of reference signals (see Figure 4 and paragraphs 13, 61, 64 and 83-86; measuring/(signal strength, signal plus interference to noise ratio (SINR), signal to noise ratio (SNR), etc) one or more of the first set of reference signals/(transmission 415).
Although the combination of Xia and Penna discloses measuring one or more of the first set of reference signals as set forth above,
The combination of Xia and Penna does not explicitly disclose “selecting to use one or more of the first passive device or the second passive device, based at least in part on the measuring” or “transmitting an indication indicating whether one or more of the first passive device or the second passive device is to be used for communication based at least in part on the selecting”.
However, Baligh discloses the UE, wherein the one or more processors are configured to:
measuring one or more of the first set of reference signals (see Figure 5, steps 530 and 540 and paragraph 323; measuring/measures one or more of the first set of reference signals/reference signal (RS));
selecting to use one or more of the first passive device (see Figure 5, step 530 and paragraph 323-324; selecting/(UE 506 detects RIS 504) to use one or more of the first passive device/RIS 504), based at least in part on the measuring (see Figure 5, steps 530 and 540 and paragraph 323; based at least in part on the measuring/measures); and
transmitting an indication indicating whether one or more of the first passive device is to be used for communication based at least in part on the selecting (see Figure 5, step 545 and paragraphs 323-324; transmitting/(UE 506 transmits) an indication/(measurement feedback: CQI 545) indicating whether one or more of the first passive device/(RIS 504) is to be used for communication/(acknowledging the RIS 504 has been detected and used to communicate) based at least in part on the selecting/UE 506 detects RIS 504).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include “selecting to use one or more of the first passive device or the second passive device, based at least in part on the measuring” or “transmitting an indication indicating whether one or more of the first passive device or the second passive device is to be used for communication based at least in part on the selecting” as taught by Baligh in the combined system of Xia and Penna to take advantage of the controllable metasurface device capabilities, intelligence, coordination and speed, and thereby enable solutions having different signaling details and capability requirements (see page 1, paragraph 8 of Baligh).
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xia in view of Penna, and further in view of Davydov et al (US 2019/0364556 A1), hereinafter Davydov.
Regarding Claim 5, Although the combination of Xia and Penna discloses the UE as set forth above,
The combination of Xia and Penna does not explicitly disclose “wherein the second set of reference signals includes one or more reference signals that are associated, with a synchronization signal block”.
However, Davydov discloses the UE,
wherein the second set of reference signals includes one or more reference signals that are associated, with a synchronization signal block (see paragraphs 55, 57 and 108; wherein the second set of reference signals/(second reference signals) includes one or more reference signals/(reference signals) that are associated/QCL, with a synchronization signal block/SSB).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include “wherein the second set of reference signals includes one or more reference signals that are associated, with a synchronization signal block” as taught by Davydov in the combined system of Xia and Penna in order to enable more efficient processing at a user equipment (UE) (see page 1, paragraph 23 of Davydov).
Claim(s) 6-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xia in view of Penna, and further in view of Zhang et al (US 2022/0360402 A1), hereinafter Zhang.
Regarding Claim 6, Xia discloses the UE, wherein the second set of reference signals (see Figure 4 and paragraphs 13 and 62; wherein the second set of reference signals/transmission 420).
Although the combination of Xia and Penna discloses the second set of reference signals as set forth above,
The combination of Xia and Penna does not explicitly disclose “wherein the second set of reference signals are periodic”.
However, Zhang discloses the UE, wherein the second set of reference signals are periodic (see Figure 5 and paragraph 74; wherein the second set of reference signals/(reference signals) are periodic/periodic).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include “wherein the second set of reference signals are periodic” as taught by Zhang in the combined system of Xia and Penna reduce power requirements in UE device designs while allowing the UE device to maintain good transmit and receive abilities for improved communications (see page 1, paragraph 3 of Zhang).
Regarding Claim 7, Xia discloses the UE, wherein the second set of reference signals (see Figure 4 and paragraphs 13 and 62; wherein the second set of reference signals/transmission 420).
Although the combination of Xia and Penna discloses the second set of reference signals as set forth above,
The combination of Xia and Penna does not explicitly disclose “wherein the second set of reference signals are aperiodic”.
However, Zhang discloses the UE, wherein the second set of reference signals are aperiodic (see Figure 5 and paragraph 74; wherein the second set of reference signals/(reference signals) are aperiodic/aperiodic).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include “wherein the second set of reference signals are aperiodic” as taught by Zhang in the combined system of Xia and Penna reduce power requirements in UE device designs while allowing the UE device to maintain good transmit and receive abilities for improved communications (see page 1, paragraph 3 of Zhang).
Claim(s) 8, 15, 23 and 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xia in view of Penna, and further in view of Maleki et al (US 2023/0370918 A1), hereinafter Maleki.
Regarding Claim 8, Although the combination of Xia and Penna discloses receive a first set of reference signals and a second set of reference signals from a base station as set forth above,
The combination of Xia and Penna does not explicitly disclose “wherein the first set of reference signals and the second set of reference signals are in a serving cell of the UE, and wherein the one or more processors are configured to: measure a third set of reference signals from a neighboring cell of the serving cell” or “transmit measurements of the third set of reference signals”.
However, Maleki discloses the UE, wherein the first set of reference signals and the second set of reference signals are in a serving cell of the UE (see paragraphs 70, 99, 223 and 240; wherein the first set of reference signals/(DL reference signals (RS)) and the second set of reference signals/(connected state reference signals (RS)) are in a serving cell/(serving cell) of the UE/UE (provisional 63/090,762, page 11, lines 30-35 and page 12, lines 1-2 and page 16, lines 33-35 and page 17, lines 1-5 and page 36, lines 12-20 and page 38, lines 31-35 and page 39, lines 1-5)), and wherein the one or more processors (see Figure 12 and paragraph 260; and wherein the one or more processors/processor 1210 (provisional 63/090,762, page 41, lines 11-25)) are configured to:
measure a third set of reference signals from a neighboring cell of the serving cell (see paragraphs 70, 99, 147, 223 and 240; measure/measurements a third set of reference signals/(reference signals (RS)) from a neighboring cell/(neighbor cell) of the serving cell/serving cell (provisional 63/090,762, page 11, lines 30-35 and page 12, lines 1-2 and page 16, lines 33-35 and page 17, lines 1-5 and page 36, lines 12-20 and page 38, lines 31-35 and page 39, lines 1-5)); and
transmit measurements of the third set of reference signals (see paragraphs 70, 99, 223 and 240; transmit/transmitted measurements/measurements of the third set of reference signals/reference signals (RS) (provisional 63/090,762, page 11, lines 30-35 and page 12, lines 1-2 and page 16, lines 33-35 and page 17, lines 1-5 and page 36, lines 12-20 and page 38, lines 31-35 and page 39, lines 1-5)).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include “wherein the first set of reference signals and the second set of reference signals are in a serving cell of the UE, and wherein the one or more processors are configured to: measure a third set of reference signals from a neighboring cell of the serving cell” or “transmit measurements of the third set of reference signals” as taught by Maleki in the combined system of Xia and Penna to provide techniques for reducing energy consumption of wireless devices (see page 1, paragraph 1 of Maleki).
Regarding Claim 15, Although the combination of Xia and Penna discloses receive a first set of reference signals and a second set of reference signals from a base station as set forth above,
The combination of Xia and Penna does not explicitly disclose “wherein the first set of reference signals and the second set of reference signals are in a serving cell of the UE, and wherein the one or more processors are configured to receive measurements of a third set of reference signals from a neighboring cell of the serving cell”.
However, Maleki discloses the UE, wherein the first set of reference signals and the second set of reference signals are in a serving cell of the UE (see paragraphs 70, 99, 223 and 240; wherein the first set of reference signals/(DL reference signals (RS)) and the second set of reference signals/(connected state reference signals (RS)) are in a serving cell/(serving cell) of the UE/UE (provisional 63/090,762, page 11, lines 30-35 and page 12, lines 1-2 and page 16, lines 33-35 and page 17, lines 1-5 and page 36, lines 12-20 and page 38, lines 31-35 and page 39, lines 1-5)), and wherein the one or more processors (see Figure 12 and paragraph 260; and wherein the one or more processors/processor 1210 (provisional 63/090,762, page 41, lines 11-25)) are configured to (see paragraphs 70, 99, 147, 223 and 240; receive measurements/measurements of a third set of reference signals/(reference signals (RS)) from a neighboring cell/(neighbor cell) of the serving cell/serving cell (provisional 63/090,762, page 11, lines 30-35 and page 12, lines 1-2 and page 16, lines 33-35 and page 17, lines 1-5 and page 36, lines 12-20 and page 38, lines 31-35 and page 39, lines 1-5)).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include “wherein the first set of reference signals and the second set of reference signals are in a serving cell of the UE, and wherein the one or more processors are configured to receive measurements of a third set of reference signals from a neighboring cell of the serving cell” as taught by Maleki in the combined system of Xia and Penna to provide techniques for reducing energy consumption of wireless devices (see page 1, paragraph 1 of Maleki).
Regarding Claim 23, Although the combination of Xia and Penna discloses receive a first set of reference signals and a second set of reference signals from a base station as set forth above,
The combination of Xia and Penna does not explicitly disclose “wherein the first set of reference signals and the second set of reference signals are in a serving cell of the UE, and wherein the method further comprises: measuring a third set of reference signals from a neighboring cell of the serving cell” or “transmitting measurements of the third set of reference signals”.
However, Maleki discloses the method, wherein the first set of reference signals and the second set of reference signals are in a serving cell of the UE (see paragraphs 70, 99, 223 and 240; wherein the first set of reference signals/(DL reference signals (RS)) and the second set of reference signals/(connected state reference signals (RS)) are in a serving cell/(serving cell) of the UE/UE (provisional 63/090,762, page 11, lines 30-35 and page 12, lines 1-2 and page 16, lines 33-35 and page 17, lines 1-5 and page 36, lines 12-20 and page 38, lines 31-35 and page 39, lines 1-5)), and wherein the method further comprises:
measuring a third set of reference signals from a neighboring cell of the serving cell (see paragraphs 70, 99, 147, 223 and 240; measuring/measurements a third set of reference signals/(reference signals (RS)) from a neighboring cell/(neighbor cell) of the serving cell/serving cell (provisional 63/090,762, page 11, lines 30-35 and page 12, lines 1-2 and page 16, lines 33-35 and page 17, lines 1-5 and page 36, lines 12-20 and page 38, lines 31-35 and page 39, lines 1-5)); and
transmitting measurements of the third set of reference signals (see paragraphs 70, 99, 223 and 240; transmitting/transmitted measurements/measurements of the third set of reference signals/reference signals (RS) (provisional 63/090,762, page 11, lines 30-35 and page 12, lines 1-2 and page 16, lines 33-35 and page 17, lines 1-5 and page 36, lines 12-20 and page 38, lines 31-35 and page 39, lines 1-5)).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include “wherein the first set of reference signals and the second set of reference signals are in a serving cell of the UE, and wherein the method further comprises: measuring a third set of reference signals from a neighboring cell of the serving cell” or “transmitting measurements of the third set of reference signals” as taught by Maleki in the combined system of Xia and Penna to provide techniques for reducing energy consumption of wireless devices (see page 1, paragraph 1 of Maleki).
Regarding Claim 28, Although the combination of Xia and Penna discloses receive a first set of reference signals and a second set of reference signals from a base station as set forth above,
The combination of Xia and Penna does not explicitly disclose “wherein the first set of reference signals and the second set of reference signals are in a serving cell of the UE, and wherein the method further comprises receiving measurements of a third set of reference signals from a neighboring cell of the serving cell”.
However, Maleki discloses the method, wherein the first set of reference signals and the second set of reference signals are in a serving cell of the UE (see paragraphs 70, 99, 223 and 240; wherein the first set of reference signals/(DL reference signals (RS)) and the second set of reference signals/(connected state reference signals (RS)) are in a serving cell/(serving cell) of the UE/UE (provisional 63/090,762, page 11, lines 30-35 and page 12, lines 1-2 and page 16, lines 33-35 and page 17, lines 1-5 and page 36, lines 12-20 and page 38, lines 31-35 and page 39, lines 1-5)), and wherein the method further comprises receiving measurements of a third set of reference signals from a neighboring cell of the serving cell (see paragraphs 70, 99, 147, 223 and 240; receiving measurements/measurements of a third set of reference signals/(reference signals (RS)) from a neighboring cell/(neighbor cell) of the serving cell/serving cell (provisional 63/090,762, page 11, lines 30-35 and page 12, lines 1-2 and page 16, lines 33-35 and page 17, lines 1-5 and page 36, lines 12-20 and page 38, lines 31-35 and page 39, lines 1-5)).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include “wherein the first set of reference signals and the second set of reference signals are in a serving cell of the UE, and wherein the method further comprises receiving measurements of a third set of reference signals from a neighboring cell of the serving cell” as taught by Maleki in the combined system of Xia and Penna to provide techniques for reducing energy consumption of wireless devices (see page 1, paragraph 1 of Maleki).
Allowable Subject Matter
Claims 9-12, 16-18, 24-25 and 29-30 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Xu et al (US 2023/0327831 A1) Electronic Device an Method for Wireless Communication, and Computer Readable Storage Medium. Specifically, see paragraphs 43-149.
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/L.A.M/Examiner, Art Unit 2469 /Ian N Moore/Supervisory Patent Examiner, Art Unit 2469