Prosecution Insights
Last updated: April 19, 2026
Application No. 18/758,036

RECONFIGURABLE INTELLIGENT SURFACE-ASSISTED FLEXIBLE WIRELESS NETWORK

Final Rejection §103§112
Filed
Jun 28, 2024
Examiner
TSE, YOUNG TOI
Art Unit
2632
Tech Center
2600 — Communications
Assignee
DELL PRODUCTS, L.P.
OA Round
2 (Final)
89%
Grant Probability
Favorable
3-4
OA Rounds
2y 7m
To Grant
98%
With Interview

Examiner Intelligence

Grants 89% — above average
89%
Career Allow Rate
889 granted / 998 resolved
+27.1% vs TC avg
Moderate +9% lift
Without
With
+8.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
33 currently pending
Career history
1031
Total Applications
across all art units

Statute-Specific Performance

§101
4.7%
-35.3% vs TC avg
§103
20.0%
-20.0% vs TC avg
§102
17.4%
-22.6% vs TC avg
§112
47.6%
+7.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 998 resolved cases

Office Action

§103 §112
DETAILED ACTION Response to Arguments Applicant’s arguments, see page 1 of the remarks, filed on December 04, 2025, with respect to the objection of the drawings have been fully considered and are persuasive. The objection of the drawings has been withdrawn. Applicant’s arguments, see page 1 of the remarks, filed on December 04, 2025, with respect to the objection of claims have been fully considered and are persuasive. The objection of claims 3, 7, and 17-20 has been withdrawn. Applicant’s arguments, see page 2 of the remarks, filed on December 04, 2025, with respect to the rejection under 35 U.S.C. §112(b) have been fully considered and are persuasive. The rejection of claims 1-20 has been withdrawn. Applicant’s arguments, see page 2 of the remarks, filed on December 04, 2025, with respect to the rejections of claims 1-20 under 35 U.S.C. §112(b) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Haghighat et al. (US 2024/0413868 A1). Drawings The drawings were received on December 04, 2025. These drawings are acceptable by the examiner. Claim Rejections - 35 USC § 112 The following is a quotation of the first paragraph of 35 U.S.C. 112(a): (a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention. The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112: The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention. Claims 1-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The claim subject matter of “wherein respective allocations of the unit cells are based on respective link quality information” in each of the independent claims 1, 11, and 17 raises the issue of new matter. In other words, the specification fails to provide the support of the claim subject matter that respective allocations of the unit cells are based on respective link quality information, as now claimed. Claims 2-10 depend either directly or indirectly from claim 1, therefore they are also rejected. Claims 12-16 depend either directly or indirectly from claim 11, therefore they are also rejected. Claims 18-20 depend from claim 17, therefore they are also rejected. 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. 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. Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Jagyasi et al. (US 2025/0323689 A1), hereinafter “Jagyasi”, in view of Haghighat et al. (US 2024/0413868 A1), hereinafter “Haghighat”. Regarding claim 1, Jagyasi illustrates a system (the system shown in Figures 1A-1D, 2, and 8), comprising: at least one processor (processor 118 of the wireless transmit/receive unit WTRU 102 of Figure 1B); and at least one memory (memories 130 and 132 of the WTRU 102 of Figure 1B, paragraph [0047]) that stores executable instructions that, when executed by the at least one processor, facilitate performance of operations, the operations comprising: obtaining information corresponding to respective communication links (uplink or downlink communications described in paragraph [0057] or WTRU-RIS links and BS-RIS links described in paragraph [0087]) between a base station (transmission reception point TRP, paragraph [0036]) and one or more respective user equipment (WTRU, paragraph [0034]) for respective communications redirected via a reconfigurable intelligent surface (RIS with M, multiple, or sub-surface elements, paragraphs [0096] and [0097]); based on the information, logically dividing the reconfigurable intelligent surface into respective subarrays comprising separate rectangular groupings of unit cells (dividing and/or grouping RIS elements into smaller groups, paragraph [0136]); and communicating the respective communications between the base station and the one or more respective user equipment via the respective subarrays. Although Figure 2 or 8 shows that respective allocations of the unit cells (RIS with sub-surfaces) are communicated with the TRP and the WTRU, Jagyasi fails to show or teach that the respective allocations of the unit cells are based on respective link quality information, as recited in the amendment of claim 1. Haghighat also relates to communication systems shown in Figures 1A-1D, 2, 4-8, 10, and 11 similar to the communication systems shown in Jagyasi’s Figures 1A-1D, 2, and 8. For example, Haghighat illustrates a RIS communications system (200) in Figure 2 comprising: a transmitter (202) (e.g., a base station such as a gNB 180), a RIS (204), and a receiver (206) (e.g., a WTRU 102). Haghighat further teaches in paragraph [0088] that the RIS (204) includes multiple programmable sub-wavelength sized unit-cells that are placed in close proximity of each other. The small size of these unit-cells may cause each unit-cell to behave as a scatterer. In a RIS platform, by separate tuning of the unit-cells, the properties of an incident wave may be controlled such as to enhance the (e.g., received) signal quality at the receiver. For example, due to a sub-wavelength size of unit-cells, a large number of the unit-cells may be arranged on the RIS (204) to better control the phase of the reflected wave and/or control a coherent alignment with a desired channel. Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art as taught by Haghighat to implement Jagyasi’s RIS of the communication system of Figure 2 or Figure 8 that respective allocations of the unit cells (sub-surfaces) are based on respective link quality information in order to divide the surface into sub-arrays or tunes unit-cells based on link quality information to optimize the channel, and to connect a base station to user equipment (UE) by optimizing the reflection path to overcome blockages. Regarding method claim 11, similar claim features were recited in the method steps of claim 11 for the similar reasons described in the apparatus claim 1 above. Regarding claim 2, wherein the logically dividing of the reconfigurable intelligent surface into the respective subarrays comprises sending control signal data to a controller (the processor 118 of the WTRU 102, an RIS controller or a controller of the base station to control or improve RIS-aided communication performance, paragraphs [0089] and [0149], claim 9) coupled to the reconfigurable intelligent surface, to configure the respective subarrays. Regarding claim 3, wherein the information is first information (uplink/downlink), wherein the control signal data is first control signal data, wherein the respective subarrays are configured as first respective subarrays comprising first separate rectangular groupings of unit cells (first of six groupings of Figure 7C, paragraph [0135]), and wherein the operations further comprise obtaining second information (downlink/uplink) corresponding to respective second communication links, and based on the second information, logically dividing the reconfigurable intelligent surface into second respective subarrays (second of six groupings of Figure 7C), comprises sending second control signal data to the controller to reconfigure the first respective subarrays into the second respective subarrays. Regarding claim 4, wherein the information corresponding to the respective communication links comprises first directivity data for a first communication link (uplinks) of the respective communication links, and second directivity data for a second communication link (downlinks) of the respective communication links, and wherein the first directivity data is different from the second directivity data. Regarding claim 5, wherein the information corresponding to the respective communication links comprises first array gain data for a first communication link of the respective communication links, and second array gain data for a second communication link of the respective communication links, and wherein the first array gain data is different from the second array gain data (amplitude gains, an RIS may be classified as passive, semi-active, or active. A passive RIS may shift (e.g., only shift) the phase of an impinging signal and may include multiple passive elements. A semi-active and/or active RIS may offer phase shift and/or amplification gains. A semi-active RIS may include a mixture of active and passive elements, while an active RIS may include all active elements (e.g., only active elements). Active RIS elements may possess sensing capabilities. As an RIS may be considered a communication or network node, RIS-aided communications may involve at least three nodes, e.g., a base station (BS), a WTRU, and an RIS. Paragraph [0089]). Regarding claim 6, wherein the information corresponding to the respective communication links reserves a first subarray (first of six groupings of Figure 7C) of the respective subarrays for an uplink communication link of the respective communication links for uplink communications to the base station (TRP) from a user equipment (WTRU) of the one or more respective user equipment, and reserves a second subarray (second of six groupings of Figure 7C) of the respective subarrays for a downlink communication link of the respective communication links for downlink communications from the base station to the user equipment of the one or more respective user equipment. Regarding claim 7, as shown in Figure 7C, wherein a first number of unit cells of the first subarray is different from a second number of unit cells of the second subarray. Regarding claim 8, the operations further comprise reserving a respective subarray (Figure 7C) of the respective subarrays for communication of uplink control information from the base station (TRP) to a controller (the processor 118 of the WTRU 102, an RIS controller or a controller of the base station) that controls the reconfigurable intelligent surface. Regarding claim 9, wherein the operations further comprise reserving a respective subarray (from uplink RIS elements to downlink RIS elements) of the respective subarrays for communication of downlink control information from a controller (the processor 118 of the WTRU 102, an RIS controller or a controller of the base station) that controls the reconfigurable intelligent surface to the base station (TRP). Regarding claim 10, wherein the operations further comprise reserving a respective subarray of the respective subarrays as inactive (passive RIS described in claim 5 above, paragraph [0089]) with respect to redirecting any communications. Regarding claim 12, wherein the configuring of the reconfigurable intelligent surface into the respective subarrays comprises configuring a first subarray (first of six groupings of Figure 7C) of the respective subarrays for reception of downlink communications from the base station (TRP) and redirection of the downlink communications to the user equipment (WTRU), and configuring a second subarray (second of six groupings of Figure 7C) of the respective subarrays for reception of uplink communications from the user equipment and redirection of the uplink communications to the base station. As described in paragraph [0056], the WTRU (102) may include a full duplex radio for which transmission and reception of some or all of the signals (e.g., associated with particular subframes for both the UL (e.g., for transmission) and downlink (e.g., for reception) may be concurrent and/or simultaneous. The full duplex radio may include an interference management unit to reduce and or substantially eliminate self-interference via either hardware (e.g., a choke) or signal processing via a processor (e.g., a separate processor (not shown) or via processor 118). In an embodiment, the WRTU 102 may include a half-duplex radio for which transmission and reception of some or all of the signals (e.g., associated with particular subframes for either the UL (e.g., for transmission) or the downlink (e.g., for reception)). Regarding claim 13, wherein the downlink communications are first downlink communications, wherein the uplink communications are first uplink communications, wherein the user equipment (WTRU) is a first user equipment corresponding to a first direction, and wherein the configuring of the reconfigurable intelligent surface into the respective subarrays comprises configuring a third subarray (third of six groupings of Figure 7C) of the respective subarrays for reception of second downlink communications from the base station (TRP) and redirection of the downlink communications to a second user equipment (another WTRU 102 shown in Figure 1A) corresponding to a second direction, and configuring a fourth subarray (third of six groupings of Figure 7C) of the respective subarrays for reception of second uplink communications from the second user equipment and redirection of the second uplink communications to the base station. Regarding claim 14, as shown in Figure 7C, wherein the configuring of the reconfigurable intelligent surface into the respective subarrays comprises configuring a first subarray and a second subarray (two of the six groupings), and wherein the first subarray comprises a first rectangular unit cell grouping having a larger number of unit cells relative to a lesser number of unit cells of a second rectangular unit cell grouping of the second subarray. Regarding claim 15, wherein the configuring of the reconfigurable intelligent surface into the respective subarrays comprises configuring a first subarray (first of six groupings of Figure 7C) of the respective subarrays for reception of first control link communications from the base station (TRP) to the controller (the processor 118 of the WTRU 102, an RIS controller or a controller of the base station), and configuring a second subarray (second of six groupings of Figure 7C) of the respective subarrays for transmission of second control link communications from the controller to the base station. Regarding claim 16, as shown in Figure 7C, wherein the control signal data is first control signal data, wherein the respective subarrays are first respective subarrays (two or more of six groupings of Figure 7C), wherein the respective communications are first respective communications (uplink/downlink communications), and further comprising obtaining, by the system, second control signal data representative of second respective subarrays (other two or more of six groupings of Figure 7C) comprising second rectangular unit cell groupings, and, in response to the second control signal data, reconfiguring, by the system, the reconfigurable intelligent surface into second respective subarrays for facilitation of second respective communications (downlink/uplink communications) between the base station and the user equipment via the second respective subarrays. Regarding claim 17, similar to the apparatus claim 1 described above, the operations comprising: configuring a first rectangular portion (first RIS element of six groupings of Figure 7C) of a reconfigurable intelligent surface for a first redirection operation (uplink/downlink) with respect to first communications between network equipment (TRP) and at least one user equipment (WTRU); and configuring a second rectangular portion (second RIS element of six groupings of Figure 7C) of a reconfigurable intelligent surface for a second redirection operation (downlink/uplink) with respect to second communications between the network equipment and the at least one user equipment, wherein the first rectangular portion does not intersect with the second rectangular portion, and wherein respective allocations of unit cells of the reconfigurable intelligent surface are based on respective link quality information. Regarding claim 18, as shown in Figure 7C, wherein the operations further comprise configuring a third rectangular portion (third RIS element of six groupings of Figure 7C) of the reconfigurable intelligent surface for control communications between the network equipment and the at least one controller (the processor 118 of the WTRU 102, an RIS controller or a controller of the base station), and wherein the third rectangular portion does not intersect with the first rectangular portion or the second rectangular portion. Regarding claim 19, as shown in Figure 7C, wherein the configuring of the first rectangular portion comprises configuring a first group of unit cells (two or more of six groupings of Figure 7C) of the reconfigurable intelligent surface for first uplink communications between the network equipment and the at least one user equipment, and configuring a second group of unit cells (other two or more of six groupings of Figure 7C) of the reconfigurable intelligent surface for second downlink communications between the network equipment and the at least one user equipment, and wherein the first group of unit cells has a first number of unit cells that is different from a second number of unit cells in the second group of unit cells. Regarding claim 20, as shown in Figure 7C, wherein the configuring of the first rectangular portion comprises configuring a first group of unit cells (two or more of six groupings of Figure 7C) of the reconfigurable intelligent surface for first communications between the network equipment and the at least one user equipment at a first location, wherein the configuring of the second rectangular portion comprises configuring a second group of unit cells (other two or more of six groupings of Figure 7C) of the reconfigurable intelligent surface for second communications between the network equipment and the at least one user equipment at a second location, and wherein the first location is different from the second location. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. SHRIVASTAVA et al. relates to a communication system in Figure 11 comprising: a RIS panel (RIS 1110); an access point (AP 1120); a RIS controller (1130); and a plurality of UEs (1400). 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Young T. Tse whose telephone number is (571)272-3051. The examiner can normally be reached Mon-Fri 10:30am-7pm. 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 Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chieh M Fan can be reached at 571-272-3042. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /Young T. Tse/Primary Examiner, Art Unit 2632
Read full office action

Prosecution Timeline

Jun 28, 2024
Application Filed
Nov 15, 2025
Non-Final Rejection — §103, §112
Nov 24, 2025
Interview Requested
Dec 03, 2025
Applicant Interview (Telephonic)
Dec 03, 2025
Examiner Interview Summary
Dec 04, 2025
Response Filed
Feb 26, 2026
Final Rejection — §103, §112
Apr 03, 2026
Interview Requested

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Prosecution Projections

3-4
Expected OA Rounds
89%
Grant Probability
98%
With Interview (+8.6%)
2y 7m
Median Time to Grant
Moderate
PTA Risk
Based on 998 resolved cases by this examiner. Grant probability derived from career allow rate.

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