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 Arguments
Applicant’s correction filed 08/25/2026 with respect to claim rejection under 112(b) for claim(s) 10 made on 07/02/2026 has been considered and the claim rejection under 112(b) to the claim is withdrawn.
Applicant’s amendment filed 08/25/2026 with respect to the double patenting rejection for claim(s) 1 and 20 made on 07/02/2026 has been considered and the double patenting rejection to the claims is withdrawn because claims 1 and 20 are no longer obvious variations of the claim(s) 1, 11, and 20 of U.S. Patent No. 12,587,239 B1.
Applicant's arguments filed 08/25/2026 with respect to claim(s) 1 and 20 have been considered but are moot in view of the new ground(s) of rejection under 103 as being unpatentable over Jiang et al. (US 2023/0077666 A1) in view of Wang et al. (US 2023/0370931 A1).
Applicant’s argument:
Applicant argues that Jiang does not disclose the limitation “wherein the first message comprises an indication of whether the reflection-based communication element camps on one or both of the first wireless communication node and the second wireless communication node that is using the reflection-based communication element.”
Examiner’s response:
Examiner submits that Wang teaches the above recited limitation in Fig. 10, [0107]: At 1015, the base station 121 and/or the base station 122 determine to use an APD as described at 710 of FIG. 7. As one example, the base station 122 determines to use an APD based on the respective signal and link-quality measurements from the UE 110 while the base station 121 does not (or vice versa). In other words, the respective signal and link-quality measurements received by the base station 122 indicate a channel impairment, while the respective signal and link-quality measurements received by the base station 121 do not indicate a channel impairment. As another example, both the base station 121 and the base station 122 determine to use an APD. In some aspects, the base station 121 and/or the base station 122 identify and/or select the APD 180 as further described with reference to FIG. 7. Fig. 7, [0088]: At 755, and similar to that described at 715, the base station 122 optionally queries the base station 121 for APD access information that indicates whether the base station 121 is currently using the APD in a communication path for a wireless link. [0089]: At 765, and assuming the base station 121 indicates, to the base station 122 at 760, that it is currently using the APD 180, the base station 121 and the base station 122 negotiate and/or coordinate with one another to apportion access to the APD 180. Fig. 10, [0108]: At 1020, the base station 122 optionally communicates a request to the base station 121 that requests to use the APD 180 in a communication path for a wireless communication link with the UE 110… In aspects, the base station 122 requests, from the coordinating and/or anchor base station, to utilize an APD when transmitting (and/or receiving) wireless signals to the UE 110, such as by communicating the request using the interface 106. Alternatively, or additionally, the base station 122 includes an APD identifier in the request that indicates to use the APD 180. [0005]: APD identifier that identifies the APD used by the source base station. [0024]: Adaptive phase-changing devices (APDs) include a Reconfigurable Intelligent Surface (RIS). Fig. 1, [0027]: the base station 121 communicates with the APD 180 using the wireless link 133, and the base station 122 communicates with the APD 180 using the wireless link 134. In other implementations, the base stations 120 include a wireline interface for communicating control information with the APD 180. As can be seen, Wang’s request to use APD includes the APD identifier that indicates the APD is used by the source base station. Using the APD indicates that the APD is connected (camped on) wirelessly or with wireline to the source base station.
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) 1, 4-7, 12-15, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jiang et al. (US 2023/0077666 A1) in view of Wang et al. (US 2023/0370931 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); and
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),
Jiang does not disclose, but Wang discloses wherein the first message comprises an indication of whether the reflection-based communication element camps on one or both of the first wireless communication node and the second wireless communication node that is using the reflection-based communication element (Fig. 10, [0107]: At 1015, the base station 121 and/or the base station 122 determine to use an APD as described at 710 of FIG. 7. As one example, the base station 122 determines to use an APD based on the respective signal and link-quality measurements from the UE 110 while the base station 121 does not (or vice versa). In other words, the respective signal and link-quality measurements received by the base station 122 indicate a channel impairment, while the respective signal and link-quality measurements received by the base station 121 do not indicate a channel impairment. As another example, both the base station 121 and the base station 122 determine to use an APD. In some aspects, the base station 121 and/or the base station 122 identify and/or select the APD 180 as further described with reference to FIG. 7. Fig. 7, [0088]: At 755, and similar to that described at 715, the base station 122 optionally queries the base station 121 for APD access information that indicates whether the base station 121 is currently using the APD in a communication path for a wireless link. [0089]: At 765, and assuming the base station 121 indicates, to the base station 122 at 760, that it is currently using the APD 180, the base station 121 and the base station 122 negotiate and/or coordinate with one another to apportion access to the APD 180. Fig. 10, [0108]: At 1020, the base station 122 optionally communicates a request to the base station 121 that requests to use the APD 180 in a communication path for a wireless communication link with the UE 110… In aspects, the base station 122 requests, from the coordinating and/or anchor base station, to utilize an APD when transmitting (and/or receiving) wireless signals to the UE 110, such as by communicating the request using the interface 106. Alternatively, or additionally, the base station 122 includes an APD identifier in the request that indicates to use the APD 180. [0005]: APD identifier that identifies the APD used by the source base station. [0024]: Adaptive phase-changing devices (APDs) include a Reconfigurable Intelligent Surface (RIS). Fig. 1, [0027]: the base station 121 communicates with the APD 180 using the wireless link 133, and the base station 122 communicates with the APD 180 using the wireless link 134. In other implementations, the base stations 120 include a wireline interface for communicating control information with the APD 180).
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 send a request for APD use wherein the request includes ADP identifier indicating the APD is used by the source base station, as taught by Wang.
Doing so provides sharing which allows multiple base stations to benefit from a single APD and improve respective signal quality, which improves an overall performance of communications in the RAN (Wang: [0025]).
Regarding claim(s) 4, Jiang in view of Wang discloses all features of claim(s) 1 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 in view of Wang discloses all features of claim(s) 1 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 or the identifiers of one or more refused reflection-based communication elements 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 in view of Wang discloses all features of claim(s) 1 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 at least one of the first wireless communication node 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 in view of Wang 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, in view of Wang 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 in view of Wang 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 in view of Wang 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(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 Wang et al. (US 2023/0370931 A1) and Sun et al. (US 2023/0134172 A1).
Regarding claim(s) 19, Jiang in view of Wang discloses all features of claim(s) 1 as outlined above.
Jiang does not disclose, but Sun discloses prior to a step of sharing a reflection-based communication element, further comprising:
obtaining, by the first wireless communication node or the 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
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.
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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