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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 03/25/2024, 06/26/2025, 10/10/2025, and 01/07/2026 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 3 and 5 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In claim 3, line 3, “to the and the” is unclear and needs correcting.
In claim 3, line 4, “to respective variable tuning devices” is unclear since the same term was introduced in claim 2, from which claim 3 depend, and therefore should refer back to the original term.
In claim 5, line 2, “the respective variable tuning devices” lacks antecedent basis.
In claim 5, lines 3-4, “the first level of charge” and “the second level of charge” lack antecedent basis.
*It appears claim 5 should have been dependent on claim 4.*
Double Patenting
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.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,531,601. Although the claims at issue are not identical, they are not patentably distinct from each other because both sets of claims cover a system with a reconfigurable intelligent surface that reflects an EM signal with electrical charging circuitry. The dependent claims correlate in a one-to-one manner.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,506,362. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant claims are merely a broader version that is completely covered by the claim of the patent, for example, both sets of claims cover a system with a reconfigurable intelligent surface that reflects an EM signal with electrical charging circuitry. The dependent claims correlate in a one-to-one manner.
Allowable Subject Matter
Claims 1-20 would be allowed if the TDs are filed and 112 issues corrected as detailed above.
With respect to claim 1, the prior art of record does not suggest or disclose the claimed combination of elements or steps as recited, most particularly the claimed, “a reconfigurable intelligent surface that reflects an incoming electromagnetic signal as a reflected electromagnetic signal; respective unit cells of the reconfigurable intelligent surface, the respective unit cells comprising: respective substrate integrated waveguides configured to capture respective portions of energy of the incoming electromagnetic signal, respective electrical contacts, and respective coupling probes that extend into the respective substrate integrated waveguides to transfer electrical energy to the respective electrical contacts based on the respective portions of energy captured in the respective substrate integrated waveguides; and electrical charging circuitry coupled between the respective electrical contacts and a battery, the electrical charging circuitry configured to convert the electrical energy from the respective electrical contacts to direct current that charges the battery.”
Claims 2-11 depend on claim 1 and are allowed for the same reasons.
With respect to claim 12, the prior art of record does not suggest or disclose the claimed combination of elements or steps as recited, most particularly the claimed, “combining, by the system, the respective electrical energy from the respective electrical contacts into combined energy; charging, by the system, a first battery with the combined energy; powering, by the system, the controller and respective tuning elements of the respective unit cells from a second battery previously charged with previous combined electrical obtained from the respective electrical contacts; and controlling, using the controller of the system, the respective tuning elements of the respective unit cells to change respective phases of the respective tuning elements to redirect the incoming electromagnetic signal as a reflected signal in a controlled beam shape and beam direction.”
Claims 13-16 depend on claim 12 and are allowed for the same reasons.
With respect to claim 17, the prior art of record does not suggest or disclose the claimed combination of elements or steps as recited, most particularly the claimed, “a reconfigurable intelligent surface of unit cells; a first battery; a second battery; electrical charging circuitry; and a power management device configured to select between: a first operational state in which the first battery is coupled to the electrical charging circuitry for charging the first battery, and the second battery is coupled to provide power to the unit cells, and a second operational state in which the second battery is coupled to the electrical charging circuitry for charging the second battery, and the first battery is coupled to provide power to the unit cells, wherein at least some of the unit cells each comprise: a substrate integrated waveguide that obtains a portion of energy from an electromagnetic signal impinging on the unit cell, an energy harvesting contact coupled to the electrical charging circuitry, and a via probe extending into the substrate integrated waveguide to transfer electrical energy, based on the portion of energy obtained by the substrate integrated waveguide, to the energy harvesting contact for harvesting by the electrical charging circuitry.”
Claims 18-20 depend on claim 17 and are allowed for the same reasons.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 12,334,745 to Park et al. discloses a passive wireless power system for RF energy relay wherein a collection state is used with a reflecting state. However, Park fails to disclose at least the claimed, “respective unit cells of the reconfigurable intelligent surface, the respective unit cells comprising: respective substrate integrated waveguides configured to capture respective portions of energy of the incoming electromagnetic signal, respective electrical contacts, and respective coupling probes that extend into the respective substrate integrated waveguides to transfer electrical energy to the respective electrical contacts based on the respective portions of energy captured in the respective substrate integrated waveguides”.
US 2024/0333338 to Gandhi et al. discloses a wireless communication with ambient power using reconfigurable intelligent surfaces wherein an RIS in a wireless network is used to improve transmission between an access point and ambient power device. There appears to be no disclosure at least of, “respective unit cells of the reconfigurable intelligent surface, the respective unit cells comprising: respective substrate integrated waveguides configured to capture respective portions of energy of the incoming electromagnetic signal, respective electrical contacts, and respective coupling probes that extend into the respective substrate integrated waveguides to transfer electrical energy to the respective electrical contacts based on the respective portions of energy captured in the respective substrate integrated waveguides; and electrical charging circuitry coupled between the respective electrical contacts and a battery, the electrical charging circuitry configured to convert the electrical energy from the respective electrical contacts to direct current that charges the battery.”
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHANIEL R PELTON whose telephone number is (571)270-1761. The examiner can normally be reached M-F 9am to 5pm.
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/NATHANIEL R PELTON/Primary Examiner, Art Unit 2859
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