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
2. The Information Disclosure Statement filed on 06/27/2024 has been considered.
Claim Objections
3. Claims 7,8,15 and 16 are objected to because of the following informalities. Appropriate correction is required.
a. Claim 7 should be replaced as follows, “The communication system according to claim 1, wherein plurality of communication devices is configured to share the radio wave reflective plate of the reflection device”. Appropriate correction is required to make the claim clearer.
b. Claim 8 should be replaced as follows, “The communication system according to claim 1, wherein plurality of the communication devices is configured to be connected to each other in a cooperative manner through a network and communicate with a communication target with which each of the plurality of communication devices is to communicate using plurality of the reflection devices ”. Appropriate correction is required to make the claim clearer.
c. Claim 15 should be replaced as follows, “The communication method according to claim 9, wherein plurality of communication devices is configured to share the radio wave reflective plate of the reflection device”. Appropriate correction is required to make the claim clearer.
d. Claim 16 should be replaced as follows, “The communication method according to claim 9, wherein plurality of the communication devices is configured to be connected to each other in a cooperative manner through a network, and wherein causing he plurality of the communication devices to communicate with a communication target with which each of the plurality of communication devices is to communicate using plurality of the reflection devices”. Appropriate correction is required to make the claim clearer.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
For claim 1,
a. the first optical machine is configured to project…on lines 8-10;
b. the second optical machine is configured to be activated…on lines 11-13.
For claim 6,
a. the first optical machine is configured to project…on lines 8-10;
b. the second optical machine is configured to execute …on lines 12-16.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
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If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 1 is rejected 103 as being unpatentable over 103 as being unpatentable over Park et al; (US 2021/0325517) in view of Yan et al; (Frequency Reflection Modulation for Reconfigurable Intelligent Surface Aided OFDM Systems- March 2022 attached).
Regarding claim 1, Park discloses a communication system ;(optical communication system, see figure 22) comprising: a communication device including a phased array antenna that transmits a beamformed radio wave and a first optical communication machine associated with the phased array antenna; (light source 120 providing light, a reflective phased array device 110 reflecting light from the light source 120 and electrically adjusting a reflection angle of reflected light, see paragraph 94 and figure 22) and wherein the first optical communication machine is configured to project projection light toward the second optical communication machine is configured to be activated in response to receiving the projection light projected from the first optical communication machine,( a light detector 140 detecting light emitted from the light source 120 and reflected by an external object, see paragraph 94 and figure 22) the first optical communication machine is configured to control the phased array antenna ;( a controller or processor 150 calculating information about the external object based on a measurement result of the light detector 140. The controller 150 may control operations of the phased array device 110, the light source 120, and the light detector 140, see paragraph 94 and figure 22).
However, Park does not explicitly disclose a reflection device including a radio wave reflective plate having a reflection surface of a meta-surface structure, and a second optical communication machine associated with the radio wave reflective plate, the second optical communication machine associated with the radio wave reflective plate, generate direction data according to a direction from which the projection light
arrives, and retroreflect reflected light of the projection light modulated in a pattern according to transmission data including device data related to the radio wave reflective plate and the direction data toward the first optical communication machine, acquire the transmission data related to the radio wave reflective plate according to a pattern of the reflected light from the second optical communication machine, and according to the acquired transmission data.
In a related field of endeavor, Yan discloses a reflection device including a radio wave reflective plate having a reflection surface of a meta-surface structure, and a second optical communication machine associated with the radio wave reflective plate, (the (reconfigurable intelligent surface ot metasurface) RIS is equipped with a controller to dynamically manipulate the phase shifts of its N reflection elements, see Abstract and page 6, section IIA and figure 1) the second optical communication machine associated with the radio wave reflective plate, generate direction data according to a direction from which the projection light arrives,(reflection modulation (RM) has been considered as a promising mechanism for RIS-aided communication systems, in which multiple information streams are encoded in
both the carriers emitted by transmitter(s) and the reflection patterns of the RIS, see page 3 and paragraph 1) and retroreflect reflected light of the projection light modulated in a pattern according to transmission data including device data related to the radio wave reflective plate and the direction data toward the first optical communication machine, (the frequency reflection modulation (FRM-OFDM) scheme modulates the frequency of the incident electromagnetic waves, and the RIS information is embedded in the frequency-hopping states of RIS elements, see Abstract) acquire the transmission data related to the radio wave reflective plate according to a pattern of the reflected light from the second optical communication machine, and according to the acquired transmission data;(the base station (BS) receives the RIS information embedded in the frequency-hopping
states of RIS elements by frequency modulation of the incident electromagnetic waves, see Abstract and figure 1).
Thus, it would be obvious for one of the ordinary skilled in the art before the effective filling date of invention to combine the reconfigurable intelligent surface of Yan with Park to provide passive information transformation transfer between the communication nodes and the motivation increased performance of information/data delivery between the communication nodes.
Claims 7 and 8 are rejected 103 as being unpatentable over 103 as being unpatentable over Park et al; (US 2021/0325517) in view of Yan et al; (Frequency Reflection Modulation for Reconfigurable Intelligent Surface Aided OFDM Systems- March 2022 attached) and further in view of Cai et al; (Hierarchical Passive Beamforming for Reconfigurable Intelligent Surface Aided Communications- September 2021 attached).
Regarding claim 7, the combination of Park and Yan does not explicitly disclose the communication system according to claim 1, wherein the plurality of communication devices is configured to share the radio wave reflective plate of the reflection device.
In a related field of endeavor, Cai discloses the communication system according to claim 1, wherein the plurality of communication devices is configured to share the radio wave reflective plate of the reflection device ;(the plurality of users in the base stations sharing the reflective elements, see figure 1).
Thus, it would be obvious for one of the ordinary skilled in the art before the effective filling date of invention to combine the reflection angle based network model of Cai with Park and Yan to plurality of users in the base stations sharing the reflective elements using the Snell’s law and the motivation is to maximize the transmission and/or reception rate between the reflecting elements and the users.
Regarding claim 8, the combination of Park and Yan does not explicitly disclose the communication system according to any claim 1,wherein the plurality of the communication devices is configured to be connected to each other in a cooperative manner through a network and communicate with a communication target with which each of the plurality of communication devices is to communicate using the plurality of reflection devices.
In a related field of endeavor, Cai discloses the communication system according to any claim 1, wherein the plurality of the communication devices is configured to be connected to each other in a cooperative manner through a network ;(the plurality of users in the base stations sharing the reflective elements, see figure 1).
and communicate with a communication target with which each of the plurality of communication devices is to communicate using the plurality of reflection devices ;(N co-located/distributed reconfigurable intelligent surface (RIS) are deployed to reflect the signals from the base station to the target user, see page 1, column 2 and section II and figure 1). Motivation same as claim 7.
Claim 9 is rejected 103 as being unpatentable over 103 as being unpatentable over Park et al; (US 2021/0325517) in view of Yan et al; (Frequency Reflection Modulation for Reconfigurable Intelligent Surface Aided OFDM Systems- March 2022 attached).
Regarding claim 9, Park discloses a communication method ;(optical communication system, see figure 22) executed by a computer in a communication system including a phased array antenna that transmits a beamformed radio wave (light source 120 providing light, a reflective phased array device 110 reflecting light from the light source 120 and electrically adjusting a reflection angle of reflected light, see paragraph 94 and figure 22) and the communication method comprising: causing a first optical communication machine associated with the phased array antenna to project projection light toward a second optical communication machine,(light source 120 providing light, a reflective phased array device 110 reflecting light from the light source 120 and electrically adjusting a reflection angle of reflected light, see paragraph 94 and figure 22) causing the second optical communication machine that is activate in response to receiving the projection light projected from the first optical communication machine in response to detecting a direction from which the projection light arrives; (a light detector 140 detecting light emitted from the light source 120 and reflected by an external object, see paragraph 94 and figure 22) causing the first optical communication machine to control the phased array antenna according to the device data acquired by the first optical communication machine ;(a controller or processor 150 calculating information about the external object based on a measurement result of the light detector 140. The controller 150 may control operations of the phased array device 110, the light source 120, and the light detector 140, see paragraph 94 and figure 22).
However, Park does not explicitly disclose a radio wave reflective plate having a reflection surface of a meta-surface structure, associated with the radio wave reflective plate; to generate direction data, causing the second optical communication machine to retroreflect reflected light of the projection light modulated in a pattern according to transmission data including device data related to the radio wave reflective plate and the direction data toward the first optical communication machine; causing the first optical communication machine to acquire the transmission data related to the radio wave reflective plate according to a pattern of the reflected light from the second optical communication machine.
In a related field of endeavor, Yan discloses a radio wave reflective plate having a reflection surface of a meta-surface structure, associated with the radio wave reflective plate; (the (reconfigurable intelligent surface ot metasurface) RIS is equipped with a controller to dynamically manipulate the phase shifts of its N reflection elements, see Abstract and page 6, section IIA and figure 1) to generate direction data, causing the second optical communication machine to retroreflect reflected light of the projection light modulated in a pattern according to transmission data including device data related to the radio wave reflective plate and the direction data toward the first optical communication machine; (reflection modulation (RM) has been considered as a promising mechanism for RIS-aided communication systems, in which multiple information streams are encoded in both the carriers emitted by transmitter(s) and the reflection patterns of the RIS, the frequency reflection modulation (FRM-OFDM) scheme modulates the frequency of the incident electromagnetic waves, and the RIS information is embedded in the frequency-hopping states of RIS elements, see page 3 and paragraph 1) causing the first optical communication machine to acquire the transmission data related to the radio wave reflective plate according to a pattern of the reflected light from the second optical communication machine; (the base station (BS) receives the RIS information embedded in the frequency-hopping states of RIS elements by frequency modulation of the incident electromagnetic waves, see Abstract and figure 1).
Thus, it would be obvious for one of the ordinary skilled in the art before the effective filling date of invention to combine the reconfigurable intelligent surface of Yan with Park to provide passive information transformation transfer between the communication nodes and the motivation increased performance of information/data delivery between the communication nodes.
Claims 15 and 16 are rejected 103 as being unpatentable over 103 as being unpatentable over Park et al; (US 2021/0325517) in view of Yan et al; (Frequency Reflection Modulation for Reconfigurable Intelligent Surface Aided OFDM Systems- March 2022 attached) and further in view of Cai et al; (Hierarchical Passive Beamforming for Reconfigurable Intelligent Surface Aided Communications- September 2021 attached).
Regarding claim 15, the combination of Park and Yan does not explicitly disclose the communication method according to claim 9, wherein the plurality of communication devices is configured to share the radio wave reflective plate of the reflection device.
In a related field of endeavor, Cai discloses the communication method according to claim 9, wherein the plurality of communication devices is configured to share the radio wave reflective plate of the reflection device ;(the plurality of users in the base stations sharing the reflective elements, see figure 1).
Thus, it would be obvious for one of the ordinary skilled in the art before the effective filling date of invention to combine the reflection angle based network model of Cai with Park and Yan to plurality of users in the base stations sharing the reflective elements using the Snell’s law and the motivation is to maximize the transmission and/or reception rate between the reflecting elements and the users.
Regarding claim 16, the combination of Park and Yan does not explicitly disclose the communication method according to claim 9, wherein the plurality of the communication devices is configured to be connected to each other in a cooperative manner through a network, and wherein causing the plurality of the communication devices to communicate with a communication target with which each of the plurality of communication devices is to communicate using the plurality of reflection devices.
In a related field of endeavor, Cai discloses the communication method according to claim 9, wherein the plurality of the communication devices is configured to be connected to each other in a cooperative manner through a network ;(the plurality of users in the base stations sharing the reflective elements, see figure 1) and wherein causing the plurality of the communication devices to communicate with a communication target with which each of the plurality of communication devices is to communicate using the plurality of reflection devices ;(N co-located/distributed reconfigurable intelligent surface (RIS) are deployed to reflect the signals from the base station to the target user, see page 1, column 2 and section II and figure 1). Motivation same as claim 15.
Claim 10 is rejected 103 as being unpatentable over 103 as being unpatentable over Park et al; (US 2021/0325517) in view of Yan et al; (Frequency Reflection Modulation for Reconfigurable Intelligent Surface Aided OFDM Systems- March 2022 attached).
Regarding claim 10, Park discloses a non-transitory recording medium storing a program for operating a communication system;(optical communication system, see figure 22) including a phased array antenna that transmits a beamformed radio wave (light source 120 providing light, a reflective phased array device 110 reflecting light from the light source 120 and electrically adjusting a reflection angle of reflected light, see paragraph 94 and figure 22) and, the program causing a computer to execute the steps of: causing a first optical communication machine associated with the phased array antenna to project projection light toward a second optical communication machine; (light source 120 providing light, a reflective phased array device 110 reflecting light from the light source 120 and electrically adjusting a reflection angle of reflected light, see paragraph 94 and figure 22) causing the second optical communication machine that is activated in response to receiving the projection light projected from the first optical communication machine ,( a light detector 140 detecting light emitted from the light source 120 and reflected by an external object, see paragraph 94 and figure 22) causing the first optical communication machine to control the phased array antenna according to the device data acquired by the first optical communication machine ;( a controller or processor 150 calculating information about the external object based on a measurement result of the light detector 140. The controller 150 may control operations of the phased array device 110, the light source 120, and the light detector 140, see paragraph 94 and figure 22).
However, Park does not explicitly disclose a radio wave reflective plate having a reflection surface of a meta- surface structure, associated with the radio wave reflective plate; to generate direction data in response to detecting a direction from which the projection light arrives; causing the second optical communication machine to retroreflect reflected light of the projection light modulated in a pattern according to transmission data including device data related to the radio wave reflective plate and the direction data toward the first optical communication machine; causing the first optical communication machine to acquire the transmission data related to the radio wave reflective plate according to a pattern of the reflected light from the second optical communication machine.
In a related field of endeavor, Yan discloses a radio wave reflective plate having a reflection surface of a meta- surface structure, associated with the radio wave reflective plate; (the (reconfigurable intelligent surface ot metasurface) RIS is equipped with a controller to dynamically manipulate the phase shifts of its N reflection elements, see Abstract and page 6, section IIA and figure 1) to generate direction data in response to detecting a direction from which the projection light arrives; ,(reflection modulation (RM) has been considered as a promising mechanism for RIS-aided communication systems, in which multiple information streams are encoded in both the carriers emitted by transmitter(s) and the reflection patterns of the RIS, see page 3 and paragraph 1) causing the second optical communication machine to retroreflect reflected light of the projection light modulated in a pattern according to transmission data including device data related to the radio wave reflective plate and the direction data toward the first optical communication machine; (the frequency reflection modulation (FRM-OFDM) scheme modulates the frequency of the incident electromagnetic waves, and the RIS information is embedded in the frequency-hopping states of RIS elements, see Abstract) causing the first optical communication machine to acquire the transmission data related to the radio wave reflective plate according to a pattern of the reflected light from the second optical communication machine ;(the base station (BS) receives the RIS information embedded in the frequency-hopping states of RIS elements by frequency modulation of the incident electromagnetic waves, see Abstract and figure 1).
Thus, it would be obvious for one of the ordinary skilled in the art before the effective filling date of invention to combine the reconfigurable intelligent surface of Yan with Park to provide passive information transformation transfer between the communication nodes and the motivation increased performance of information/data delivery between the communication nodes.
Allowable Subject Matter
Claims 2-6,11-14 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
4. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure is reproduced below.
a. Sambhwani et al; (US 12476693) discloses communication system including a base station (BS), user equipment (UE), and a set of reconfigurable intelligent surfaces (RIS's). The RIS's, the UE, and the BS may communicate using a control RAT and a data RAT. The BS may transmit downlink (DL) signals to the UE device via reflection off a DL RIS. The UE device may transmit uplink (UL) signals to the BS via reflection off a UL RIS, see Abstract and figure 2.
b. Nihei et al; (US 2025/0202109) discloses a radio wave control system according to the present disclosure includes a transmission apparatus (10) that transmits a first signal having a first frequency and a second signal having a second frequency, a reflector device (20) that reflects or transmits the first signal and the second signal in periodically disposed antenna elements and perform beamforming of the first signal and the second signal in respectively different directions, and a control apparatus (30) that controls directions in which beamforming of the first signal and the second signal is performed by controlling phases of the first signal and the second signal by electrically controlling the antenna elements, see figure 6.
c. Yan W et al; (Passive Beamforming and Information transfer via large intelligent surface- April 2020 attached) discloses M antenna base station communicating with N passive reflecting elements, see figure 1.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMRITBIR K SANDHU whose telephone number is (571)270-1894. The examiner can normally be reached M-F 9am to 5pm.
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/AMRITBIR K SANDHU/ Primary Examiner, Art Unit 2634
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