DETAILED ACTION
Claims 1-20 have been examined
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 .
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 (claim 20) 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.
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 (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 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.
Claim(s) 1-2, 6, 11-14, and 17-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20230308140 A1 to Baligh et al. (hereinafter “Baligh”).
As per claim 1, 19, 20 Baligh discloses a user equipment (UE) for wireless communication (Baligh Fig. 3A), comprising: one or more memories (Baligh Fig. 3A); and one or more processors, coupled to the one or more memories (Baligh Fig. 3A), configured to cause the UE to: receive transmissive surface information via a data marker (Baligh [0174] In some embodiments the RIS-UE link determination may be sensing assisted. In some embodiments with sensing assistance, the RIS and the UE can use RF based sensors or non-RF based sensors to detect each other. The integrated sensing mechanism can be used to directly or indirectly identify the link. An example for direct determination includes detecting RF sensing signals (within the same band and/or RAT or other bands or other RATs) emitted by the other node (RIS emission and UE detection or UE emission and RIS detection). Another example for direct determination includes detection of a RF sensing signal emitted by one node, reflected by the other node and detected by the original emitting node. A further example for direct determination includes using a camera to detect the presence of the other node. An example for indirect sensing is detecting the presence of the other node using a camera. For example, the UE camera may capture an image that includes the RIS and use pattern recognition to identify the RIS or detect a quick response (QR) code embedded in the RIS. Alternatively, the RIS may emit an infrared beam which can be detected by the UE for RIS identification and direction setting. In some embodiments, when sensing assistance is being used for RIS-UE link determination, additional information may be provided by the network, such as network knowledge of where the UE is currently located, UE orientation, RIS location and orientation, a map of the area to identify possible link blockage, UE and RIS capabilities, such as sensing capabilities that can include one or more of a camera, a gyroscope, a compass, and lidar. This additional information may be useful to the RIS in helping to determining where UEs are and therefore aid in the RIS-UE link determination. For example, if the RIS knows at least generally where the UE is, the UE knows where to start reflecting a signal from the BS, by using a particular RIS pattern.); receive a downlink signal via a transmissive surface associated with the transmissive surface information (Baligh [0196] In some embodiments, the RIS pattern is controlled using a hybrid mode. The RIS uses self-pattern optimization for the measurement functionality. However, for data communication, partial control is adopted where the RIS is instructed to use the RIS pattern with respect to the RIS patterns selected for measurement. As an example, the BS instructs the RIS to select N (an integer) different RIS patterns for N different instances of CSI-RS reflection. The RIS optimizes the N patterns in part based on the instructed number and/or based on the sensed information of the location of UEs or walls. Only the RIS needs to know the actual patterns. The RIS then uses the selected N different RIS patterns to redirect N copies of a CSI-RS from the BS on the BS-RIS link. The UE measures all or some of the CSI-RS that are redirected by the RIS in the direction of the UE and reports measurement results back to the BS. The BS then selects one of the RIS patterns and informs the RIS to use the selected pattern from the N measurement patterns, or a combination of several of the RIS patterns. In some embodiments, the RIS can perform initial beam forming or beam detection as an initial part of RIS-UE beamforming setup. Further beam turning can be performed by BS control. For example, the RIS may have some basic sensing capability and can determine beam directions for the UE that are close to the RIS. The RIS can share the determined beam direction information with the BS to help beamforming for further communication from the BS to the UE via reflection off the RIS.); and transmit a measurement report associated with the downlink signal received via the transmissive surface (Baligh [0196] In some embodiments, the RIS pattern is controlled using a hybrid mode. The RIS uses self-pattern optimization for the measurement functionality. However, for data communication, partial control is adopted where the RIS is instructed to use the RIS pattern with respect to the RIS patterns selected for measurement. As an example, the BS instructs the RIS to select N (an integer) different RIS patterns for N different instances of CSI-RS reflection. The RIS optimizes the N patterns in part based on the instructed number and/or based on the sensed information of the location of UEs or walls. Only the RIS needs to know the actual patterns. The RIS then uses the selected N different RIS patterns to redirect N copies of a CSI-RS from the BS on the BS-RIS link. The UE measures all or some of the CSI-RS that are redirected by the RIS in the direction of the UE and reports measurement results back to the BS. The BS then selects one of the RIS patterns and informs the RIS to use the selected pattern from the N measurement patterns, or a combination of several of the RIS patterns. In some embodiments, the RIS can perform initial beam forming or beam detection as an initial part of RIS-UE beamforming setup. Further beam turning can be performed by BS control. For example, the RIS may have some basic sensing capability and can determine beam directions for the UE that are close to the RIS. The RIS can share the determined beam direction information with the BS to help beamforming for further communication from the BS to the UE via reflection off the RIS.), wherein the transmissive surface information includes one or more of: a transmissive surface location (Baligh [0174]), attribute information associated with the transmissive surface (Baligh [0174] In some embodiments the RIS-UE link determination may be sensing assisted. In some embodiments with sensing assistance, the RIS and the UE can use RF based sensors or non-RF based sensors to detect each other. The integrated sensing mechanism can be used to directly or indirectly identify the link. An example for direct determination includes detecting RF sensing signals (within the same band and/or RAT or other bands or other RATs) emitted by the other node (RIS emission and UE detection or UE emission and RIS detection). Another example for direct determination includes detection of a RF sensing signal emitted by one node, reflected by the other node and detected by the original emitting node. A further example for direct determination includes using a camera to detect the presence of the other node. An example for indirect sensing is detecting the presence of the other node using a camera. For example, the UE camera may capture an image that includes the RIS and use pattern recognition to identify the RIS or detect a quick response (QR) code embedded in the RIS. Alternatively, the RIS may emit an infrared beam which can be detected by the UE for RIS identification and direction setting. In some embodiments, when sensing assistance is being used for RIS-UE link determination, additional information may be provided by the network, such as network knowledge of where the UE is currently located, UE orientation, RIS location and orientation, a map of the area to identify possible link blockage, UE and RIS capabilities, such as sensing capabilities that can include one or more of a camera, a gyroscope, a compass, and lidar. This additional information may be useful to the RIS in helping to determining where UEs are and therefore aid in the RIS-UE link determination. For example, if the RIS knows at least generally where the UE is, the UE knows where to start reflecting a signal from the BS, by using a particular RIS pattern.), one or more synchronization signal block (SSB) parameters, or SSB beam information.
As per claim 2, Baligh discloses the UE of claim 1, wherein the attribute information associated with the transmissive surface includes one or more of a dimension span (Baligh [0174]), a curvature, a field of view (Baligh [0174]), a reference point location (Baligh [0174]), a data marker location (Baligh [0174]), an effective gain parameter, an attenuation parameter, a geometric shape, or a color.
As per claim 6, Baligh discloses the UE of claim 1, wherein the data marker is a passive tag (Baligh [0174]) or an active tag (Baligh [0174]).
As per claim 11, Baligh discloses the UE of claim 1, wherein the transmissive surface information includes one or more cell identifiers (Baligh Fig. 11A, 11B, [0128,0130]).
As per claim 12, Baligh discloses the UE of claim 1, wherein the one or more processors are further configured to cause the UE to transmit an access indication associated with reception of the transmissive surface information (Baligh Fig. 10).
As per claim 13, Baligh discloses the UE of claim 1, wherein the one or more processors are further configured to cause the UE to receive a configuration for receiving the transmissive surface information (Baligh Fig. 10 and [0426-0429]).
As per claim 14, Baligh discloses the UE of claim 1, wherein the one or more processors are further configured to cause the UE to detect one or more of a location or an orientation relative to the data marker (Baligh [0174-0175]).
As per claim 17, Baligh discloses the UE of claim 1, wherein the one or more processors, to cause the UE to receive the transmissive surface information via the data marker, are configured to cause the UE to optically scan the data marker (Baligh [0173-0175]).
As per claim 18, Baligh discloses the UE of claim 1, wherein the one or more processors, to cause the UE to receive the transmissive surface information via the data marker, are configured to cause the UE to receive a wireless signal output by the data marker (Baligh [0173-0175]).
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.
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(s) 15-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baligh as applied to claims 1-2, 6, 11-14, and 17-20 above, and further in view of WO2023161428 A1 to Mcmenamy et al. (hereinafter “Mcmenamy”).
As per claim 15, Mcmenamy discloses the UE of claim 1, wherein the one or more processors, to cause the UE to receive the transmissive surface information via the data marker, are configured to cause the UE to access, via a uniform resource locator (URL) embedded in the data marker, a database that includes the transmissive surface information.
Baligh may not explicitly disclose, but Mcmenamy, which is in the same field of endeavor, discloses receive the transmissive surface information via the data marker, are configured to cause the UE to access, via a uniform resource locator (URL) embedded in the data marker, a database that includes the transmissive surface information (Mcmenamy Page 67, lines 15-30). The purpose of Mcmenamy is to improvements in coverage enhancement and improvement in channel rank or interference suppression (Mcmenamy Page 72, lines 8-27). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Mcmenamy with Baligh, to improvements in coverage enhancement and improvement in channel rank or interference suppression (Mcmenamy Page 72, lines 8-27).
As per claim 16, Baligh and Mcmenamy discloses the UE of claim 15, wherein the URL embedded in the data marker is encrypted.
Baligh may not explicitly disclose, but Mcmenamy, which is in the same field of endeavor, discloses wherein the URL embedded in the data marker is encrypted (Mcmenamy Page 67, lines 15-30). The purpose of Mcmenamy is to improvements in coverage enhancement and improvement in channel rank or interference suppression (Mcmenamy Page 72, lines 8-27). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Mcmenamy with Baligh, to improvements in coverage enhancement and improvement in channel rank or interference suppression (Mcmenamy Page 72, lines 8-27).
Allowable Subject Matter
Claims 3-5 and 7-10 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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FAIYAZKHAN GHAFOERKHAN whose telephone number is (571)270-7161. The examiner can normally be reached Flex.
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FAIYAZKHAN GHAFOERKHAN
Primary Examiner
Art Unit 2476
/FAIYAZKHAN GHAFOERKHAN/Primary Examiner, Art Unit 2476
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