Prosecution Insights
Last updated: October 02, 2026
Application No. 18/686,111

SPATIAL DIVERSITY WITH CONTROLLABLE REFLECTIVE SURFACE

Non-Final OA §103
Filed
Feb 23, 2024
Priority
Oct 06, 2021 — nonprovisional of PCTCN2021122518
Examiner
TRAN, PABLO N
Art Unit
2643
Tech Center
2600 — Communications
Assignee
Qualcomm Incorporated
OA Round
2 (Non-Final)
84%
Grant Probability
Favorable
2-3
OA Rounds
1m
Est. Remaining
87%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allowance Rate
567 granted / 678 resolved
+21.6% vs TC avg
Minimal +3% lift
Without
With
+3.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
20 currently pending
Career history
694
Total Applications
across all art units

Statute-Specific Performance

§101
1.5%
-38.5% vs TC avg
§103
43.8%
+3.8% vs TC avg
§102
27.3%
-12.7% vs TC avg
§112
13.5%
-26.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 678 resolved cases

Office Action

§103
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 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 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) 1-14, 16-22, and 24-30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Urzhumov (US Pat No. 202/0303828) and in view of Boutayeb et al. (hereinafter “Boutayeb”, US Pat No. 2016/0156325). As per claim 1, Urzhumov disclosed a controllable reflective surface (see fig. 1) for wireless communication, comprising an array of reflecting elements, each reflecting element comprising a radiating component and a phase-shifting component (see at least 0033, 0051), the array of reflecting elements configured to: receive a first control signal set that configures the array of reflecting elements into a first reflecting configuration having a first plurality of subsets of the reflecting elements, each subset of the first plurality of subsets configured to reflect radio frequency (RF) signals in a respective direction different from other ones of the first plurality of subsets; and receive a second control signal set that configures the array of reflecting elements into a second reflecting configuration having a second plurality of subsets of the reflecting elements, each subset of the second plurality of subsets configured to reflect RF signals in a respective direction different from other ones of the second plurality of subsets (see fig. 1, fig. 2A..fig. 2D and at least fig. 7, as shown in fig. 1 and fig. 2A..fig. 2D, at least paragraph 0066-0067, disclosing an array of reflective elements, wherein the subset of resonators 120a-120n, see fig. 1, or as shown by respective by their colors, see fig. 2, are each associated with a unique radiation pattern which can be tunable by changing the resonance phase angles, see fig. 2D, 0012, 0033, 0051 and at least 0073. The reflect array, see fig. 1 and fig. 2A..fig. 2D, is configured for individual control of the phase of each element. Therefore, it is configured to receive the first and the second control signal sets. There are no limitations on the signal on the data bus, see fig. 1, and depending on the signal applied to the data bus, the elements can be excited as desired, wherein that is the reflectarray is configured to implement any configuration as the reflectarray receives the control command from the databus, see fig. 1, 134…144). Urzhumov disclosed the plurality of beams (see at least fig. 7C, beams 703-744, fig. 8C, beams 821…827) that reflect radio frequency (RF) signals in respective different directions but not reflect radio frequency (RF) signals in respective different directions simultaneously. However, Boutayeb disclosed such teaching (see at least 0049, various coordinated control of the RF signal and the filter elements may be used to effect time-varying production of one beam or two or more concurrent beams of wireless radiation. See 0057, a control system for the antenna may determine a desired beam configuration for all the beams, either concurrently or sequentially for each beam). Therefore, it would have been obvious to one of ordinary skill in the art at the time of invention for Urzhumov to adopt such teaching, as taught by Boutayeb, in order to provide an agile beam switching antennas are desirable due to their ability to selectively direct radiofrequency energy in desired directions concurrently. As per claims 2, 9, 17, and 25, Urzhumov and Boutayeb further disclosed the subsets of the first plurality of subsets have a block-wise configuration in which each of the subsets of the first plurality of subsets forms a respective block of localized reflecting elements (see rejection as stated above in claim 1, see fig. 2A). As per claims 3, 10, 18, and 26, Urzhumov and Boutayeb further disclosed the subsets of the first plurality of subsets have an interlaced configuration in which each of the subsets of the first plurality of subsets forms a distributed group of reflecting elements (see rejection as stated above in claim 1, see fig. 2B-C).. As per claims 4, 11, 19, and 27, Urzhumov and Boutayeb further disclosed the subsets of the first plurality of subsets have a block-wise configuration in which each of the subsets of the first plurality of subsets forms a respective block of localized reflecting elements, and wherein the subsets of the second plurality of subsets have an interlaced configuration in which each of the subsets of the second plurality of subsets forms a distributed group of reflecting elements (see rejection as stated above in claim 1, see fig. 2A..2C). As per claims 5 and 28, Urzhumov and Boutayeb further disclosed the first plurality of subsets have a hybrid configuration comprising a reflecting element that is part of both an interlaced subset of the first plurality of subsets and a block-wise subset of the first plurality of subsets (see rejection as stated above in claim 1, see fig. 2A..2C). As per claim 6, Urzhumov and Boutayeb further disclosed the first plurality of subsets have a hybrid configuration comprising a reflecting element that has a plurality of axes, each axis associated with one of the subsets of the first plurality of subsets (see rejection as stated above in claim 1, see fig. 2A..2C). As per claims 7 and 29, Urzhumov and Boutayeb further disclosed the first plurality of subsets have a hybrid configuration comprising a subset of the first plurality of subsets that includes an interlaced portion of the reflecting elements and a block-wise portion of the reflecting elements (see rejection as stated above in claim 1, see fig. 2A..2C). As per claim 8, Urzhumov and Boutayeb further disclosed a controller (see fig. 1, 130) for a controllable reflective surface, comprising a processor (see fig. 1, 0110-0111); a communication interface communicatively coupled to the processor and a panel interface communicatively coupled to the processor (see fig. 1, the control line 134…144 are configured to provide communication between the controller interface and the panel (see fig. 1, 120) interface; and a memory (see 0111) communicatively coupled to the processor; and wherein the controller is configured to: receive, with the communication interface, first configuration information for reflecting elements of an array; send, with the panel interface, a first configuration control signal set, based on the first configuration information, indicating a first reflecting configuration for the array, the first reflecting configuration having a first plurality of subsets of the reflecting elements, each subset of the first plurality of subsets configured to reflect radio frequency (RF) signals in a respective direction different from other ones of the first plurality of subsets; receive, with the communication interface, second configuration information for the reflecting elements of the array; and send, with the panel interface, a second configuration control signal set, based on the second configuration information, indicating a second reflecting configuration for the array, the second reflecting configuration having a second plurality of subsets of the reflecting elements, each subset of the second plurality of subsets configured to reflect RF signals in a respective direction different from other ones of the second plurality of subsets (see fig. 1, fig. 2A..fig. 2D and at least fig. 7, as shown in fig. 1 and fig. 2A..fig. 2D, at least paragraph 0066-0067, disclosing an array of reflective elements, wherein the subset of resonators 120a-120n, see fig. 1, or as shown by respective by their colors, see fig. 2, are each associated with a unique radiation pattern which can be tunable by changing the resonance phase angles, see fig. 2D, 0012, 0033, 0051 and at least 0073. The reflect array, see fig. 1 and fig. 2A..fig. 2D, is configured for individual control of the phase of each element. Therefore, it is configured to receive the first and the second control signal sets. There are no limitations on the signal on the data bus, see fig. 1, and depending on the signal applied to the data bus, the elements can be excited as desired, wherein that is the reflectarray is configured to implement any configuration as the reflectarray receives the control command from the databus, see fig. 1, 134…144). As per claims 12 and 20, Urzhumov and Boutayeb further disclosed the first plurality of subsets have a hybrid configuration, the hybrid configuration comprising one or more of: a reflecting element that is part of both an interlaced subset of the first plurality of subsets and a block-wise subset of the first plurality of subsets, or a subset of the first plurality of subsets that includes an interlaced portion of the reflecting elements and a block-wise portion of the reflecting elements (see rejection as stated above in claim 1, see fig. 2A..2C). As per claims 13, 21, and 30, Urzhumov and Boutayeb further disclosed the first configuration information includes partition information indicating the first plurality of subsets of the reflecting elements and directional information indicating the respective directions for each subset of the first plurality of subsets (see rejection as stated above in claim 1, see fig. 2A..2C). As per claims 14, Urzhumov and Boutayeb further disclosed the controller is further configured to: receive the partition information separately from the directional information, receive the partition information jointly encoded with the directional information, or receive the partition information concatenated with the directional information, the partition information and directional information having been separately encoded before concatenation (see rejection as stated above in claim 1, see fig. 2A..2C). As per claim 16, Urzhumov disclosed an apparatus for wireless communication, comprising a processor (see fig. 1, 0110-0111); a communication interface (see fig. 1, 134-144) communicatively coupled to the processor; and a memory (see 0111) communicatively coupled to the processor; and wherein the apparatus is configured to transmit, with the communication interface, first configuration information for reflecting elements of an array, wherein the first configuration information indicates a first reflecting configuration for the array, the first reflecting configuration having a first plurality of subsets of the reflecting elements, each subset of the first plurality of subsets configured to reflect radio frequency (RF) signals in a respective direction different from other ones of the first plurality of subsets; and transmit, with the communication interface, second configuration information for the reflecting elements of the array, wherein the second configuration information indicates a second reflecting configuration for the array, the second reflecting configuration having a second plurality of subsets of the reflecting elements, each subset of the second plurality of subsets configured to reflect RF signals in a respective direction different from other ones of the second plurality of subsets (see fig. 1, fig. 2A..fig. 2D and at least fig. 7, as shown in fig. 1 and fig. 2A..fig. 2D, at least paragraph 0066-0067, disclosing an array of reflective elements, wherein the subset of resonators 120a-120n, see fig. 1, or as shown by respective by their colors, see fig. 2, are each associated with a unique radiation pattern which can be tunable by changing the resonance phase angles, see fig. 2D, 0012, 0033, 0051 and at least 0073. The reflect array, see fig. 1 and fig. 2A..fig. 2D, is configured for individual control of the phase of each element. Therefore, it is configured to receive the first and the second control signal sets. There are no limitations on the signal on the data bus, see fig. 1, and depending on the signal applied to the data bus, the elements can be excited as desired, wherein that is the reflectarray is configured to implement any configuration as the reflectarray receives the control command from the databus, see fig. 1, 134…144). As per claim 22, Urzhumov and Boutayeb further disclosed the apparatus is further configured to transmit the partition information separately from the directional information, transmit the partition information jointly encoded with the directional information, or separately encode, concatenate, and transmit the partition information and directional information (see rejection as stated above in claim 1, see fig. 2A..2C). As per claim 24, Urzhumov and Boutayeb further disclosed a method for wireless communication, the method comprising receiving first configuration information for reflecting elements of an array; sending a first configuration control signal set, based on the first configuration information, indicating a first reflecting configuration for the array, the first reflecting configuration having a first plurality of subsets of the reflecting elements, each subset of the first plurality of subsets configured to reflect radio frequency (RF) signals in a respective direction different from other ones of the first plurality of subsets; receiving second configuration information for the reflecting elements of the array; and sending a second configuration control signal set, based on the second configuration information, indicating a second reflecting configuration for the array, the second reflecting configuration having a second plurality of subsets of the reflecting elements, each subset of the second plurality of subsets configured to reflect RF signals in a respective direction different from other ones of the second plurality of subsets (see fig. 1, fig. 2A..fig. 2D and at least fig. 7, as shown in fig. 1 and fig. 2A..fig. 2D, at least paragraph 0066-0067, disclosing an array of reflective elements, wherein the subset of resonators 120a-120n, see fig. 1, or as shown by respective by their colors, see fig. 2, are each associated with a unique radiation pattern which can be tunable by changing the resonance phase angles, see fig. 2D, 0012, 0033, 0051 and at least 0073. The reflect array, see fig. 1 and fig. 2A..fig. 2D, is configured for individual control of the phase of each element. Therefore, it is configured to receive the first and the second control signal sets. There are no limitations on the signal on the data bus, see fig. 1, and depending on the signal applied to the data bus, the elements can be excited as desired, wherein that is the reflectarray is configured to implement any configuration as the reflectarray receives the control command from the databus, see fig. 1, 134…144). Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 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) 15 and 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Urzhumov and Boutayeb and further in view of Takahashi et al. (hereinafter “Takahashi”, WO2021024611). As per claims 15 and 23, Urzhumov and Boutayeb disclosed such communication system deploy the disclosed beamforming antenna system but not explicitly a base station. However, in the same field of endeavor, Takahashi disclosed a communication system (see fig. 1, 150A…D). Therefore, it would have been obvious for the communication system of Takahashi to utilize such beamforming antenna system of Urzhumov and Boutayeb in order to increase the selectivity of a system of resonator elements wherein. multiple, selectable beamforms may be used to attain a desired coverage area while still realizing the other advantages of beamforming. Response to Arguments Applicant's arguments with respect to claims 1, 8, 16, and 24 have been considered but are moot in view of the new ground(s) of rejection. 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 extension fee 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 date of this final action. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Pablo Tran whose telephone number is (571)272-7898. The examiner normal hours are 9:30 -5:00 (Monday-Friday). If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Jinsong Hu, can be reached at (571)272-3965. The fax phone number for the organization where this application or proceeding is assigned is (571)273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) System. Status information for Published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see httpr//pair-directauspto.gov. Should You have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (in USA or CANADA) or 571-272-1000. May 14, 2026 /PABLO N TRAN/Primary Examiner, Art Unit 2643
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Prosecution Timeline

Feb 23, 2024
Application Filed
Feb 09, 2026
Non-Final Rejection mailed — §103
Apr 21, 2026
Examiner Interview Summary
Apr 21, 2026
Applicant Interview (Telephonic)
Apr 27, 2026
Response Filed
May 18, 2026
Final Rejection mailed — §103
Jun 30, 2026
Response after Non-Final Action

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Prosecution Projections

2-3
Expected OA Rounds
84%
Grant Probability
87%
With Interview (+3.0%)
2y 8m (~1m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 678 resolved cases by this examiner. Grant probability derived from career allowance rate.

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