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 .
Allowable Subject Matter
Claim(s) 17-18 is/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.
Response to Election/Restriction
Applicant’s election without traverse of claim(s) 2, 4-7, and 12-15 in the reply filed 06/15/2026 is acknowledged. Claim(s) 3, 8-9, 11, 16 are withdrawn from consideration. Therefore, claim(s) 1, 2, 4-7, 10, 12-15, and 17-20 are now pending.
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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claim(s) 1 and 20 of the current application 18/781612 is/are rejected on the ground of nonstatutory double patenting as being unpatentable over claim(s) 1, 11, and 20 of U.S. Patent No. 12,587,239 B1. Although the claims at issue are not identical, they are not patentably distinct from each other because the claim(s) in the current application is anticipated by the US patent, see In re Goodman, 11 F.3d 1046, 1052, 29 USPQ2d 2010, 2015-16 (Fed. Cir. 1993).
Regarding claim 1, U.S. Patent No. 12,587,239 B1 discloses A wireless communication method, comprising (claim 1: A wireless communication method, comprising:):
sharing, by a first wireless communication node and a second wireless communication node, a reflection-based communication element (claim 1: sending, by a first wireless communication node to a second wireless communication node, a first message to suspend sharing of a reflection-based communication element between the first wireless communication node and the second wireless communication node, wherein the reflection-based communication element keeps sharing configuration parameters from the first wireless communication node and the second wireless communication node),
wherein the reflection-based communication element comprises a reflecting unit array (claim 11: wherein an original codebook configured for a reflecting element array of the reflection-based communication element remains during the suspension).
Regarding claim 20, U.S. Patent No. 12,587,239 B1 discloses A first wireless communication node, comprising (claim 18: A first wireless communication node, comprising):
at least one processor configured to share, with a second wireless communication node, a reflection-based communication element (claim 18: at least one processor configured to: send, via a transmitter to a second wireless communication node, a first message to suspend sharing of a reflection-based communication element between the first wireless communication node and the second wireless communication node, wherein the reflection-based communication element keeps sharing configuration parameters from the first wireless communication node and the second wireless communication node),
wherein the reflection-based communication element comprises a reflecting unit array (claim 11: wherein an original codebook configured for a reflecting element array of the reflection-based communication element remains during the suspension).
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.
Claim(s) 10 is/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 10 is dependent on claim 9 which has been withdrawn from consideration based on applicant’s response to election/restriction filed 06/15/2026. Therefore, claim 10 is indefinite.
Claim Rejections - 35 USC § 102
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 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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-2, 4-7, 12-15, and 20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Jiang et al. (US 2023/0077666 A1).
Regarding claims 1 and 20, Jiang discloses A wireless communication method, comprising (claim 1) and A first wireless communication node, comprising: at least one processor configured to (claim 20) (Fig. 12, [0316]: a node 1200 includes a processor 1201 to perform the foregoing information transmission method):
sharing, by a first wireless communication node and a second wireless communication node, a reflection-based communication element ([0096]: the third node device is a node device associated with the first node device and the second node device, and the third node device is specifically an intelligent surface. [0121]: the first node device and the second node device determine the working information of the third node device, so that the third node device works according to uniform working information. [0109]: the third node device may be a … IRS. [0078]: intelligent reflecting surface (IRS)),
wherein the reflection-based communication element comprises a reflecting unit array ([0080]: IRS is generally used as a reflect array).
Regarding claim(s) 2, Jiang discloses all features of claim(s) 1 as outlined above.
Jiang discloses sending, by the first wireless communication node to the second wireless communication node, a first message requesting to share the reflection-based communication element ([0179]: The first node device sends first information to the second node device. [0184]: the first node device and the second node device reach an agreement on that the first information is the working information of the third node device. [0188]: The first node device sends fourth information to the second node device. [0192]: the first node device and the second node device reach an agreement on that the fourth information is the working information of the third node device. [0198]: The first node device sends eighth information to the second node device. [0199]: the eighth information is working information of the third node device expected by the first node device. [0200]: the first node device and the second node device continue to coordinate until the first node device and the second node device reach an agreement on consistent working information).
Regarding claim(s) 4, Jiang discloses all features of claim(s) 2 as outlined above.
Jiang discloses wherein the first message comprises at least one of ([0098]: The first information is working information of the third node device expected by the first node device):
respective identifiers of one or more reflection-based communication elements ([0101]: The determined working information of the third node device includes identification information of the third node device);
Regarding claim(s) 5, Jiang discloses all features of claim(s) 2 as outlined above.
Jiang discloses receiving, by the first wireless communication node from the second wireless communication node, a third message acknowledging the request in the first message ([0180], [0189]: The first node device receives ACK information. [0200]: the first node device and the second node device continue to coordinate until the first node device and the second node device reach an agreement on consistent working information. [0101]: The determined working information of the third node device includes identification information of the third node device).
Regarding claim(s) 6, Jiang discloses all features of claim(s) 5 as outlined above.
Jiang discloses wherein the third message indicates at least one of:
identifiers of one or more allowed reflection-based communication elements ([0180], [0189]: The first node device receives ACK information. [0200]: the first node device and the second node device continue to coordinate until the first node device and the second node device reach an agreement on consistent working information. [0101]: The determined working information of the third node device includes identification information of the third node device);
identifiers of one or more refused reflection-based communication elements optionally together with a reason for the refusal ([0187], [0195], [0197]: The first node device receives NACK information. [0200]: the first node device and the second node device continue to coordinate until the first node device and the second node device reach an agreement on consistent working information. [0101]: The determined working information of the third node device includes identification information of the third node device);
Regarding claim(s) 7, Jiang discloses all features of claim(s) 2 as outlined above.
Jiang discloses wherein the second wireless communication node sends, to the reflection-based communication element which allows to be shared, a fourth message comprising sharing configuration information that comprises at least one of ([0182]: The second node device sends the first information to the third node device. [0191]: The second node device sends the fourth information to the third node device. [0206]: The second node device sends the second information to the third node device):
respective identifiers of the first and/or second wireless communication node ([0184]. [0192], [0208]: the first/second information is the working information of the third node device. [0098]: The first information is working information of the third node device expected by the first node device. [0099]: The second information is working information of the third node device expected by the second node device. [0154]: the fourth information is working information of the third node device expected by the first node device);
Regarding claim(s) 12, Jiang discloses all features of claim(s) 4 as outlined above.
Jiang discloses wherein the configuration parameters comprise at least one of (this limitation is given no patentable weight in claim 4 because limitation “respective identifiers of one or more reflection-based communication elements” is given patentable weight. Therefore, the features of this claim are also not given patentable weight):
a plurality of first configuration parameters for time division multiplexing;
a plurality of second configuration parameters for frequency division multiplexing; or
a plurality of third configuration parameters for space division multiplexing.
Regarding claim(s) 13, Jiang discloses all features of claim(s) 12 as outlined above.
Jiang discloses wherein the first configuration parameters comprise at least one of (this limitation is given no patentable weight in claim 12 because claim 12 recites a limitation of claim 4 which is given no patentable weight. Therefore, the features of this claim are also not given patentable weight):
a periodic sharing time defined by at least one of: a cycle length, a shared time length in each cycle, or a starting of the shared time in each cycle;
a non-periodic sharing time defined by at least one of: a starting time and an end time, or a starting time and a time length; or
a starting time or a starting time offset of a sharing action.
Regarding claim(s) 14, Jiang discloses all features of claim(s) 12 as outlined above.
Jiang discloses wherein the second configuration parameters comprise at least one of (this limitation is given no patentable weight in claim 12 because claim 12 recites a limitation of claim 4 which is given no patentable weight. Therefore, the features of this claim are also not given patentable weight):
a frequency band during which the reflection-based communication element is shared; or
the reflecting unit array of the reflection-based communication element that corresponds to the shared frequency band.
Regarding claim(s) 15, Jiang discloses all features of claim(s) 12 as outlined above.
Jiang discloses wherein the third configuration parameters comprise identifiers of shared reflecting panels of the reflection-based communication element (this limitation is given no patentable weight in claim 12 because claim 12 recites a limitation of claim 4 which is given no patentable weight. Therefore, the features of this claim are also not given patentable weight).
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 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) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jiang et al. (US 2023/0077666 A1) in view of Sun et al. (US 2023/0134172 A1).
Regarding claim(s) 19, Jiang discloses all features of claim(s) 1 as outlined above.
Jiang does not disclose, but Sun discloses prior to the step of sharing a reflection-based communication element, further comprising:
obtaining, by the first or second wireless communication node, a sharing capability of the reflection-based communication element from the reflection-based communication element or a core network device (Fig. 2, [0063]: Basic information of each reflector in the coordination set is stored in the management device. Fig. 7, [0203]: the first base station sends the coordination request to the management device, and the management device determines, based on the identifier of each first reflector included in the coordination request, the second base station to which each first reflector belongs. [0204]: If the first base station obtains, in step 701, the identifiers of the plurality of second base stations and the first reflector belonging to each second base station, the first base station separately sends a coordination request to each second base station based on an identifier of the second base station).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to program the node, as taught by Jiang, to obtain identifiers of the plurality of second base stations and the first reflector belonging to each second base station from a management device, as taught by Sun.
Doing so allows the first base station to send a coordination request to each second base station based on an identifier of the second base station by which communication efficiency is improved, and a communication capability of the first UE is further improved (Sun: [0203], [0236]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THE HY NGUYEN whose telephone number is (571)270-3813. The examiner can normally be reached on Mo-Fr: 8am-4pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Avellino, can be reached on (571) 272-3905. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THE HY NGUYEN/Primary Examiner, Art Unit 2478
TheHy.Nguyen@USPTO.gov
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