DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
2. Applicant’s election without traverse of Group I (Claims 1-9 and 18-26) in the reply filed on 12/22/25 is acknowledged.
Information Disclosure Statement (IDS)
3. The IDSs submitted 05/30/24 and 11/03/25 have been entered and considered by the Examiner.
Claim Objections/Suggestions
4. Following claims are objected to because of the following informalities:
in claim 1, “communication, comprising” (line 1) should be replaced with “communication, the method comprising” and “using” (line 2) should be replaced with “utilizing”;
in claim 3, “using one or more types” (line 2) should be replaced with “utilizing the one or more types” and “which codebook vector should be used for” (lines 6-7) should be replaced with “which a codebook vector is utilized for”;
in claim 5, “using” (line 2) should be replaced with “utilizing” and “codebook, one or more communication beams, or both, are” (lines 3-4) should be replaced with “codebook and one or more communication beams are”;
in claim 7, “the types of precoders” (line 1) should be replaced with “the one or more types of precoders”;
in claim 18, “communication, comprising” (lines 1-2) should be replaced with “communication, the apparatus comprising” and “using” (line 7) should be replaced with “utilizing”;
in claim 20, “using one or more types” (line 2) should be replaced with “utilizing the one or more types” and “which codebook vector should be used for” (lines 6-7) should be replaced with “which a codebook vector is utilized for”;
in claim 22, “using” (line 3) should be replaced with “utilizing” and “codebook, one or more communication beams, or both, are” (lines 4-5) should be replaced with “codebook and one or more communication beams are”; and
in claim 24, “the types of precoders” (line 1) should be replaced with “the one or more types of precoders”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
5. 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.
6. Claims 4-6 and 21-23 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 pre-AIA the Applicant regards as the invention.
Claim 4 recites the limitation "the indication" in lines 3-4. It is not clear whether said “indication” is referring to “an indication of a capability” as recited in line 2 of claim 1 or “an indication of a type” as recited in line 6 of claim 1. Hence, renders claim 4 indefinite. Similar rejection applies to claim 21.
Claim 5 recites the limitation "an indication of a capability" in line 2. It is not clear whether "an indication of a capability" is different from or the same “an indication of a capability” as recited in line 2 of claim 1. Hence, renders claim 5 indefinite. Similar rejection applies to claim 22.
Claim 6 recites the limitation "codewords" in line 3. It is not clear whether said "codewords" is different from or the same “one or more codewords” as recited in line 4 of claim 1. Hence, renders claim 6 indefinite. Similar rejection applies to claim 23.
Reason for Allowance
7. Wang (US 2023/0208479 A1) teaches in Figure 7 a first wireless device (120), a reconfigurable surface (180), a second wireless device (110), transmitting a capability (710), receiving a codebook (715) and a communication link (760). Dai (US 2023/0208486 A1) teaches in Figure 1 a first wireless device (BS), a reconfigurable surface (RIS) and a second wireless device (User k). Park (US 2018/0115357 A1) teaches in Figure 24 a capability (s2410) and an index (s2470).
8. However, the prior art of record when implemented, would not produce said method as claimed in claim 1 and said apparatus as claimed in claim 18.
Conclusion
9. Any inquiry concerning this communication or earlier communications from the Examiner should be directed to SHAWKAT M. ALI whose telephone number is (571) 270-1639. The Examiner can normally be reached on Monday-Thursday 8:30AM-3:30PM ET.
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 AIR at http://www.uspto.gov/interviewpractice.
If attempts to reach the Examiner by telephone are unsuccessful, the Examiner’s Supervisor, SAM K. AHN can be reached on (571) 272-3044. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHAWKAT M ALI/
Primary Examiner, Art Unit 2633
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