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
The information disclosure statement was not filed with instant application, fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein has not been considered.
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: claim 7, where, recites “a third channel between the IRS and the base station as probability variables and determining means of the posterior distribution of the probability variables”.
This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are: claim 7, where, recites “a third channel between the IRS and the base station as probability variables and determining means of the posterior distribution of the probability variables”. And in the instant application claim 7 recites that a Base Station determines the above means function..
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends 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 remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
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.
Claims 1-7 and 9 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as failing to set forth the subject matter which the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the applicant regards as the invention.
Regarding claim 1, recites, “A method comprising: receiving reference signals from at least one user equipment (UE); …..”. It is not clear that who is receiving the reference signal, who is estimating and who is performing scheduling and transmitting grant, etc. These findings made the claim vague and indefinite. Therefore, claim 1 is rejected under 35 U.S.C. 112(b).
Regarding claims 2-7, are the dependent claims of the independent claim 1. Therefore, dependent claims 2-7 are also rejected under the same ground of rejection due to dependency.
Regarding claim 9, and independent claim with the same claim limitations of independent claim 1 as stated above. Hence claim 9 is also rejected under the same ground of rejection as stated above.
Claim Rejections - 35 USC § 102
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.
Claims 1-3, 6 and 8-9 are rejected under 35 U.S.C. 102 (a)(2) as being anticipated by Takahashi et al. (US 2025/0048125 A1), hereinafter, “Takahashi”.
Regarding claim 1, Takahashi discloses: A method comprising (Takahashi: fig 3, para [0017], where, “The method includes: receiving a predetermined reference signal sent by another communication device via a first link from said another communication device to the electronic device”): receiving reference signals from at least one user equipment (UE) (Takahashi: fig 6 and fig 9, para [0072], where, the base station 10 receive signaling from the UE 20 as “The device may have a function of transmitting a signal to the base station 10. The signal may be a UL signal such as a PRACH, PUCCH, PUSCH, DM-RS, PT-RS, SRS, RIS dedicated signal”, where, the UE is the first communication device);
estimating a channel based on the reference signals (Takahashi: fig 8, para [0111], where, “propagation paths of the relay antennas can be estimated based on the reception signals that are observed when multiple phase conditions of the relay antennas are changed”);
performing scheduling for uplink communication (Takahashi: fig 25, para [0290], where, the Base Station 10 perform the resource scheduling the for UE 20 for uplink communication);
transmitting an uplink grant to the at least one UE based on a result of scheduling (Takahashi: fig 25, para [0290], where, “when PDCCH including a UL grant is reflected/radiated, the wireless relay device 30 may deactivate the reflecting/radiating function after the reflection/radiation of PUSCH scheduled by the UL grant”); and
receiving uplink data from the at least one UE according to the uplink grant (Takahashi: fig 9 and fig 25, para [0290], where, “the activation or deactivation of the reflecting/ radiating function is dynamically indicated by a physical layer control signal (for example, PDCCH or PUCCH) from the base station 10 or the terminal 20, when PDCCH including a UL grant is reflected/radiated, the wireless relay device 30 may deactivate the reflecting/ radiating function after the reflection/radiation of PUSCH scheduled by the UL grant”, i.e., the UE 20 or UE 30 send the UL grant to UE 30 or UE 20 vis-a-viz),
wherein the channel is determined based on reception values at the base station for the reference signals, reception values at the base station for reference signals reflected from an intelligent reflecting surface (IRS) (Takahashi: fig 9 and fig 25, para [0070]-[0074], where, channel status information is determined based on the reference signals reflected from the IRS (intelligent reflected surface)); and
reception values at active elements of the IRS provided from the IRS through a second link different from a first link through which the reflected reference signals are received (Takahashi: fig 7-9 and fig 25, para [0070]-[0074], where, referring to the fig 7, the reference signal sent by the UE 20 have been reflected or relayed by the UE 30 sent to the reception antenna using multiple Rx paths/channel/beams/links which are different than the Tx or sending paths/channels/links or beams, further see, fig 26-27, para [0323]).
Regarding claim 2, Takahashi discloses: The method of claim 1, wherein the channel comprises first channel between the at least one UE and the base station , a-second channel between the at least one UE and the IRS and a-third channel between the IRS and the base station (Takahashi: fig 7-9 and fig 25, para [0070]-[0074], where, fig 26-27, para [0323], “When PDCCH including a DL grant is reflected or radiated, deactivation of the multi-hop communication may be indicated after reflection or radiation of PDSCH and PUCCH that are scheduled by the DL grant. For example, when PUCCH including a UL grant is reflected or radiated, deactivation of the multi-hop communication may be indicated after reflection or radiation of PUSCH that is scheduled by the UL grant. For example, at the time of a plurality of transmissions (repetition), deactivation of the multi-hop communication may be indicated during the no transmission period between each of the repeated transmissions”).
Regarding claim 3, Takahashi discloses: The method of claim 1, further comprising: receiving information related to reception values at the active elements of the IRS for the reference signals from the IRS (Takahashi: fig 6 and fig 9, para [0070], where, “in an embodiment of the present invention, the wireless relay device 30 including an RIS may be referred to as a battery-less device, meta-material function device, intelligent reflecting surface, smart repeater”).
Regarding claim 6, Takahashi discloses: The method of claim 5, wherein the channel is estimated based on at least one of the number and positions of active elements (Takahashi: para [0004], where, “the methods using a passive repeater or an active type reflector (RIS: Reconfigurable Intelligent Surface), a smart repeater that receives and amplifies a signal to be re-radiated”) used by the IRS to receive the reference signals, the number of at least one UE or information related to an antenna structure of the base station (Takahashi: fig 5-7, para [0064]-[0065], where, an antenna type element is used).
Regarding claim 8, the claim includes features identical to the subject matter mentioned in the rejection to claim 1 above. The claims are mere reformulation of claim 1 in order to define the corresponding information processing apparatus of a Base Station, and the rejection to claim 1 is applied hereto. Additionally, the claim includes a Base Station with transceiver and a processor. However, Takahashi discloses the Base Station, transceiver and the processor (Takahashi: fig 2, para [0056]).
Regarding claim 9, the claim includes features identical to the subject matter mentioned in the rejection to claim 1 above. The claims are mere reformulation of claim 1 in order to define the corresponding information processing apparatus, and the rejection to claim 1 is applied hereto. Additionally, the claim includes a memory and a processor. However, Takahashi discloses the memory and the processor (Takahashi: fig 2, para [0056]).
Allowable Subject Matter
Claims 4-5 and 7 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
Prior Art considered but not used: ZHOU; Zhengyi et al. (US 2023/0318177 A1), “ELECTRONIC DEVICE, WIRELESS COMMUNICATION METHOD AND COMPUTER-READABLE STORAGE MEDIUM”.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NIZAM U AHMED whose telephone number is (571)272-9561. The examiner can normally be reached Mon-Fry, 7:00 AM-6:00 PM PST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Huy Vu can be reached at 571-272-3155. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NIZAM U AHMED/Primary Examiner, Art Unit 2461
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