Prosecution Insights
Last updated: October 01, 2026
Application No. 18/967,296

COMMUNICATION ARRANGEMENT, METHOD OF COMMUNICATION AND COMPUTER PROPGRAM FOR PERFORMING THE SAME

Final Rejection §103
Filed
Dec 03, 2024
Priority
Jun 03, 2022 — continuation of PCTEP2022065163
Examiner
TADESE, BERHANU
Art Unit
2632
Tech Center
2600 — Communications
Assignee
Huawei Technologies Co., Ltd.
OA Round
2 (Final)
89%
Grant Probability
Favorable
3-4
OA Rounds
2m
Est. Remaining
95%
With Interview

Examiner Intelligence

Grants 89% — above average
89%
Career Allowance Rate
423 granted / 476 resolved
+26.9% vs TC avg
Moderate +6% lift
Without
With
+6.1%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 0m
Avg Prosecution
11 currently pending
Career history
490
Total Applications
across all art units

Statute-Specific Performance

§101
4.7%
-35.3% vs TC avg
§103
69.2%
+29.2% vs TC avg
§102
5.3%
-34.7% vs TC avg
§112
17.3%
-22.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 476 resolved cases

Office Action

§103
DETAILED ACTION This Office Action is in response to the Amendment/Request for Reconsideration-After Non-Final Rejection filed 07/02/2026. Status of the Claim: Claims 1-24 were pending. Claims 1-24 remain pending. The detail office action to the pending claims is as shown below. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Response to Amendments Receipt is acknowledged of the Applicant’s Amendment filed After the Non-Final Rejection. By this amendment, the Claim has been amended as set forth on pages 2-7 of the “AMENDMENTS TO THE CLAIMS”.. Response to the Claim Rejections under 35 USC § 103 Applicant’s Arguments/Remarks Made in Amendment filed 07/07/2026 regarding the rejection of claims 1-15, 17-20 under 35 U.S.C. 103 as being unpatentable over Sahin in view of Ho have been fully considered. The Applicant contends the claims rejection and submits (see REMARKS, pages 9-11) “Wang does not disclose applying, during each time interval of the sequence of time intervals, a respective additional phase shift to the base phase shift pattern assigned to the respective DCS-as is required by independent claim 1.” The Examiner respectfully traverses the assertion because the combination of Wang and Keykhosravi is adequate ground for rejecting each and every feature recited in claims 1, 23-24. With respect to said claimed feature of independent claim 1, for example, Wang discloses wherein the respective sequence of phase shift patterns is obtained by applying, during each time interval of the sequence of time intervals, a respective additional phase shift to the base phase shift pattern assigned to the respective DCS, and wherein the respective additional phase shift is from a sequence of additional phase shifts for the respective DCS (e.g. Wang, Paras [0111], [0128]: the assignment circuitry (e.g. BS 120) selects a default phase-sweeping pattern for each of the one or more RISs. Additionally, the assignment circuitry (e.g. BS 120) selects phase-sweeping patterns for each of the one or more RISs using the link quality parameters obtained at UE. That is, the assignment circuitry (e.g. BS 120) includes a phase-sweeping-pattern codebook, wherein each phase-sweeping pattern entry in the codebook corresponds to respective sequence of quality parameters. For example, the assignment circuitry (e.g. BS 120) selects a first phase-sweeping pattern corresponds to a first link quality parameter value, a second phase-sweeping pattern corresponds to a second link quality parameter value, a third phase-sweeping pattern corresponds to a third link quality parameter value, and so forth); and Keykhosravi teaches or fairly suggests, the feature additional phase shift to the base phase shift pattern assigned to the respective controllable scatterers. See for example, Abstract, page 3, sub-sections III A and III B of Keykhosravi which describe that the RIS, during a period of P time intervals with Q symbols each RIS provides a respective sequence of phase shifts γk,1 patterns by applying additional phase shift sequence βk,p to the base sequence ζk,q). As such, the Examiner has provided a clear articulation of the reason(s) why the claimed invention would have been obvious; the Examiner has shown that the prior art reasonably suggests the invention in the instant application (for at least the reasons set forth in said Non-Final Rejection and in this Action); that the prior art properly meet all the claimed limitation as rejected, and thus rendering it prima facie obvious. Hence, for at least the foregoing reasons, the Examiner submits Wang in view of Keykhosravi reasonably disclose the features of all the Rejected claims, set forth below. Accordingly, Sahin in view of Ho is adequate grounds for rejecting the feature of all the rejected claims including currently added features of independent claims 1, 23-24 under 35 U.S.C. 103. Accordingly, all the applicants’ arguments/remarks have been thoroughly and carefully reviewed but they are not found persuasive. Claim Rejections - 35 USC § 103 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 1-2, 4-5, 23-24 are rejected under 35 U.S.C. 103 as being unpatentable over WO2021/236510 to Wang et al. (hereinafter, “Wang”) in view of Keykhosravi et al. “Multi-RIS Discrete-Phase Encoding for Interpath-Interference-Free Channel Estimation”, arXiv, April 2022 (hereinafter, “Keykhosravi”) (The remarks and/or references placed in the parentheses apply to the prior art) RE claims 1, Wang discloses a communication system (100) comprising: one or more digitally controllable scatterers,(DCSs) (318, 320); assignment circuitry (Figs. 2, 3), configured to assign a respective base phase shift pattern to each of the one or more DCSs (e.g. Wang, para [0111]-[0116] and Figs. 5, 7, 10-11: the assignment circuitry (e.g. BS 120) selects a respective phase-sweeping pattern, to each of the one or more RISs; communicates the phase-sweeping pattern to the APD 180; and directs the APD 180 to initiate the phase-sweeping pattern. The APD 180 initiates the phase-sweeping pattern in response to receiving the directions from the base station 120) ; and DCS control circuitry (180), configured to operate, during a sequence of time intervals, each DCS of the one or more DCSs to provide a respective sequence of phase shift patterns (e.g. Wang, Figs. 2-3, 5, 11, Paras [0115]: Based on the phase-sweeping pattern information, the APD 180 applies a first surface configuration to the RIS for a first time duration, a second surface configuration to the RIS for a second time duration, and so forth to provide adjust surface configuration of the respective RISs), wherein the respective sequence of phase shift patterns is obtained by applying, during each time interval of the sequence of time intervals, a respective additional phase shift to the base phase shift pattern assigned to the respective DCS, and wherein the respective additional phase shift is from a sequence of additional phase shifts for the respective DCS (e.g. Wang, Paras [0111], [0128]: the assignment circuitry (e.g. BS 120) selects a default phase-sweeping pattern for each of the one or more RISs. Additionally, the assignment circuitry (e.g. BS 120) selects phase-sweeping patterns for each of the one or more RISs using the link quality parameters obtained at UE. That is, the assignment circuitry (e.g. BS 120) includes a phase-sweeping-pattern codebook, wherein each phase-sweeping pattern entry in the codebook corresponds to respective sequence of quality parameters. For example, the assignment circuitry (e.g. BS 120) selects a first phase-sweeping pattern corresponds to a first link quality parameter value, a second phase-sweeping pattern corresponds to a second link quality parameter value, a third phase-sweeping pattern corresponds to a third link quality parameter value, and so forth.) While Wang discloses obtaining or selecting, a default phase-sweeping pattern for each of the one or more RISs and obtaining or selecting phase shift to the base phase shift pattern in addition, as noted above, the subject matter of claim 1 differs from Wang in that Wang does not expressly recite the claimed term “additional phase shift”. However, Keykhosravi teaches or fairly suggests, in the same technical field, said claim term. See for example, Abstract, page 3, sub-sections III A, B of Keykhosravi which describe that the RIS, during a period of P time intervals with Q symbols each RIS provides a respective sequence of phase shifts γk,1 patterns by applying additional phase shift sequence βk,p to the base sequence ζk,q, . Hence, it would have been obvious at the time the invention was made to one of ordinary skill in the art to modify the feature/element disclosed by Wang with the knowledge generally available to one of ordinary skill in the art given the broadest reasonable interpretation in light of the specification or with Keykhosravi’s teachings or suggestions such that channel parameters can be estimated for each path separately (see for example, Abstract of Keykhosravi). Therefore one of ordinary skill in the art, such as an individual working in a field related to surface configuration for a reconfigurable intelligent surface (RIS) of an adaptive phase-changing device (APD) could have combined the features/elements as claimed by known methods, and that in combination, each feature/method merely performs the same function as it does separately, with each feature/method retaining its advantageous function, yielding predictable result/s. It is for at least the aforementioned reasons that the Examiner has reached a conclusion of obviousness with respect to claim 1. RE claim 2, Wang discloses the communication system according to claim 1, wherein each of the one or more DCSs comprises a plurality of scattering elements (e.g. 504, 506, 508), wherein the base phase shift pattern assigned to the respective DCS defines a respective phase shift value for each scattering element of at least a part of the plurality of scattering elements of the respective DCS (e.g. Wang, Fig. 5 and Para [0049]: For instance, the phase configuration 0 can specify a phase-shift configuration for element 504 such that the configurable surface element 504 transforms the incident waveform with a "phase configuration 0" relative phase shift), and wherein, for each time interval of the sequence of time intervals, the applying of the respective additional phase shift further comprises adding, for each scattering element of the at least a part of the plurality of scattering elements, the respective additional phase shift for the respective time interval to the phase shift value for the respective scattering element defined by the base phase shift pattern (e.g. Wang, Figs. 2-3, 5, 11, Paras [0049], [0115]: Based on the phase-sweeping pattern information, the APD 180 applies a first surface configuration to the RIS for a first time duration, a second surface configuration to the RIS for a second time duration; and Fig. 5 and [0049] of Wang, describes that the surface-configuration information stored in a codebook can correspond to a full configuration that specifies an exact configuration ( e.g., configure with this value) or a delta configuration that specifies a relative configuration (e.g., modify a current state by this value)). RE claim 4, Wang discloses the communication system according to claim 1, wherein the assignment circuitry is further configured to assign a respective codeword from a set of codewords to each of the one or more DCSs (e.g. Wang, para [0111]-[0116] and Figs. 5, 7, 10-11: the assignment circuitry (e.g. BS 120) selects a respective phase-sweeping pattern, to each of the one or more RISs; communicates the phase-sweeping pattern to the APD 180; and directs the APD 180 to initiate the phase-sweeping pattern. The APD 180 initiates the phase-sweeping pattern in response to receiving the directions from the base station 120), and wherein, for each DCS, the sequence of additional phase shifts for the respective DCS is based on a sequence of codeword components of the codeword assigned to the respective DCS (e.g. Wang, Paras [0111], [0128]: the assignment circuitry (e.g. BS 120) selects phase-sweeping patterns for each of the one or more RISs using the link quality parameters obtained at UE. That is, the assignment circuitry (e.g. BS 120) includes a phase-sweeping-pattern codebook, wherein each phase-sweeping pattern entry in the codebook corresponds to respective sequence of quality parameters. For example, the assignment circuitry (e.g. BS 120) selects a first phase-sweeping pattern corresponds to a first link quality parameter value, a second phase-sweeping pattern corresponds to a second link quality parameter value, a third phase-sweeping pattern corresponds to a third link quality parameter value, and so forth.) RE claim 5, Wang discloses the communication system according to claim 4, wherein the one or more DCSs are a plurality of DCSs (e.g. Wang, Fig. 12 and para [0120]: a plurality of APDs (1202, 1204), and each DCS is assigned a different codeword from the set of codewords (e.g. Wang, Fig. 18, Paras [0158], [0159]: each ADP is assigned a different configuration codebook from the set of codebooks). RE claims 23 and 24, Wang discloses a communication method applied to a communication system (e.g. Figs. 8-11 of Wang), and non-transitory processor readable medium having stored thereon processor-executable instructions that, when executed by a processor, cause the processor to perform the method according to claim 23 (e.g. Wang, Fig. 3, Par [0028], [0029]: a Computer-Readable Storage Medium (CRM 310); and one or more processors 308, wherein the CRM may include any suitable memory or storage device and the CRM includes an adaptive phase-changing device manager 316), the method comprising: assigning a respective base phase shift pattern to each of one or more digitally controllable scatterers (DCSs) (e.g. Wang, para [0111]-[0116] and Figs. 5, 7, 10-11: the assignment circuitry (e.g. BS 120) selects a respective phase-sweeping pattern, to each of the one or more RISs; communicates the phase-sweeping pattern to the APD 180; and directs the APD 180 to initiate the phase-sweeping pattern. The APD 180 initiates the phase-sweeping pattern in response to receiving the directions from the base station 120); operating, during a sequence of time intervals, each DCS of the one or more DCSs to provide a respective sequence of phase shift patterns (e.g. Wang, Figs. 2-3, 5, 11, Paras [0115]: Based on the phase-sweeping pattern information, the APD 180 applies a first surface configuration to the RIS for a first time duration, a second surface configuration to the RIS for a second time duration, and so forth to provide adjust surface configuration of the respective RISs), wherein the respective sequence of phase shift patterns is obtained by applying, during each time interval of the sequence of time intervals, a respective additional phase shift from a sequence of additional phase shifts for the respective DCS to the base phase shift pattern assigned to the respective DCS (e.g. Wang, Paras [0111], [0128]: the assignment circuitry (e.g. BS 120) selects a default phase-sweeping pattern for each of the one or more RISs. Additionally, the assignment circuitry (e.g. BS 120) selects phase-sweeping patterns for each of the one or more RISs using the link quality parameters obtained at UE. That is, the assignment circuitry (e.g. BS 120) includes a phase-sweeping-pattern codebook, wherein each phase-sweeping pattern entry in the codebook corresponds to respective sequence of quality parameters. For example, the assignment circuitry (e.g. BS 120) selects a first phase-sweeping pattern corresponds to a first link quality parameter value, a second phase-sweeping pattern corresponds to a second link quality parameter value, a third phase-sweeping pattern corresponds to a third link quality parameter value, and so forth). While Wang discloses obtaining or selecting, a default phase-sweeping pattern for each of the one or more RISs and obtaining or selecting phase shift to the base phase shift pattern in addition, as noted above, the subject matter of claims 23, 24 differ from Wang in that Wang does not expressly recite the claimed term “additional phase shift”. However, Keykhosravi teaches or fairly suggests, in the same technical field, said claim term. See for example, Abstract, page 3, sub-sections III A, B of Keykhosravi which describe that the RIS, during a period of P time intervals with Q symbols each RIS provides a respective sequence of phase shifts γk,1 patterns by applying additional phase shift sequence βk,p to the base sequence ζk,q, . Hence, it would have been obvious at the time the invention was made to one of ordinary skill in the art to modify the feature/element disclosed by Wang with the knowledge generally available to one of ordinary skill in the art given the broadest reasonable interpretation in light of the specification or with Keykhosravi’s teachings or suggestions such that channel parameters can be estimated for each path separately (see for example, Abstract of Keykhosravi). Therefore one of ordinary skill in the art, such as an individual working in a field related to surface configuration for a reconfigurable intelligent surface (RIS) of an adaptive phase-changing device (APD) could have combined the features/elements as claimed by known methods, and that in combination, each feature/method merely performs the same function as it does separately, with each feature/method retaining its advantageous function, yielding predictable result/s. It is for at least the aforementioned reasons that the Examiner has reached a conclusion of obviousness with respect to claims 23, 24. Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Wang in view of Keykhosravi, further in view of US2024/0048188 Elshafie et al. (“Elshafie”) (The remarks and/or references placed in the parentheses apply to the prior art) RE claim 6, Wang in view of Keykhosravi discloses the communication system according to claim 4, as set forth above with the claim’s rejection. The subject matter of claim 6 differs from Wang in view of Keykhosravi in that Wang in view of Keykhosravi does not teach wherein the codewords from the set of codewords are at least one of orthogonal and semi-orthogonal, as recited. However, Elshafie teaches or fairly suggests, in the same technical field, a set of codewords that are at least one of orthogonal and semi-orthogonal. For example, Fig. 1, Paras [0057], [0084] of Elshafie: plurality of RISs deployed to reflect waveforms in desired directions, wherein the assigned codebooks are at least one of orthogonal codebooks). Hence, it would have been obvious at the time the invention was made to one of ordinary skill in the art to modify the feature/element disclosed by Wang in view of Keykhosravi with Elshafie’s teachings or suggestions such that codebooks that are orthogonal between different RISs and/or between different reflective elements are used. Therefore one of ordinary skill in the art, such as an individual working in a field related to surface configuration for a reconfigurable intelligent surface (RIS) of an adaptive phase-changing device (APD) could have combined the features/elements as claimed by known methods, and that in combination, each feature/method merely performs the same function as it does separately, with each feature/method retaining its advantageous function, yielding predictable result/s. It is for at least the aforementioned reasons that the Examiner has reached a conclusion of obviousness with respect to claim 6. Objected as being dependent upon rejected base claim Claims 3 and 7 are objected to as being dependent upon rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of their respective base claims and any intervening claims. Allowable Subject Matter Pending claims 8-22 contain allowable subject matter. The following is the examiner's statement of reasons for determining allowable subject matter: The closest prior art of record identified during search and consideration of the invention are WO2021/236510 issued to Wang et al. and “Multi-RIS Discrete-Phase Encoding for Interpath-Interference-Free Channel Estimation”, April 2022 by Keykhosravi et al. (hereinafter, “Keykhosravi”) Regarding the claimed subject matter recited in the Instant application (e.g. independent claim 23), the prior art of record, specifically Wang teaches or fairly suggests assigning a respective base phase shift pattern to each of one or more digitally controllable scatterers (DCSs) (e.g. Wang, para [0111]-[0116] and Figs. 5, 7, 10-11: the assignment circuitry (e.g. BS 120) selects a respective phase-sweeping pattern, to each of the one or more RISs; communicates the phase-sweeping pattern to the APD 180; and directs the APD 180 to initiate the phase-sweeping pattern. The APD 180 initiates the phase-sweeping pattern in response to receiving the directions from the base station 120); operating, during a sequence of time intervals, each DCS of the one or more DCSs to provide a respective sequence of phase shift patterns (e.g. Wang, Figs. 2-3, 5, 11, Paras [0115]: Based on the phase-sweeping pattern information, the APD 180 applies a first surface configuration to the RIS for a first time duration, a second surface configuration to the RIS for a second time duration, and so forth to provide adjust surface configuration of the respective RISs), wherein the respective sequence of phase shift patterns is obtained by applying, during each time interval of the sequence of time intervals, a respective additional phase shift from a sequence of additional phase shifts for the respective DCS to the base phase shift pattern assigned to the respective DCS (e.g. Wang, Paras [0111], [0128]: the assignment circuitry (e.g. BS 120) selects a default phase-sweeping pattern for each of the one or more RISs. Additionally, the assignment circuitry (e.g. BS 120) selects phase-sweeping patterns for each of the one or more RISs using the link quality parameters obtained at UE. That is, the assignment circuitry (e.g. BS 120) includes a phase-sweeping-pattern codebook, wherein each phase-sweeping pattern entry in the codebook corresponds to respective sequence of quality parameters. For example, the assignment circuitry (e.g. BS 120) selects a first phase-sweeping pattern corresponds to a first link quality parameter value, a second phase-sweeping pattern corresponds to a second link quality parameter value, a third phase-sweeping pattern corresponds to a third link quality parameter value, and so forth). Keykhosravi teaches, in the same technical field, the feature “a respective additional phase shift from a sequence of additional phase shifts”. See for example, Abstract, page 3, sub-sections III A, B of Keykhosravi which describe that the RIS, during a period of P time intervals with Q symbols each RIS provides a respective sequence of phase shifts γk,1 patterns by applying additional phase shift sequence βk,p to the base sequence ζk,q,. However, prior art alone or in combination fail to provide the design aspect, among others, of a communication system, comprising: one or more digitally controllable scatterers (DCSs); assignment circuitry configured to assign a respective base phase shift pattern to each respective DCS of the one or more DCSs; DCS control circuitry, configured to operate each respective DCS of the one or more DCSs to provide a sequence of phase shift patterns obtained by: applying, during each time interval of a sequence of time intervals, an additional phase shift, from a sequence of additional phase shifts for the respective DCS, to the base phase shift pattern assigned to the respective DCS; and signal component separation circuitry, configured to obtain reception information from one or more first communication nodes (CNs), wherein the reception information is based on a reception, by the one or more first CNs, of one or more transmission signals transmitted by one or more second CNs during the sequence of time intervals, wherein the reception information comprises a representation of at least a part of one or more signals received by the one or more first CNs in response to the transmission of the one or more transmission signals by the one or more second CNs during the sequence of time intervals, and wherein the signal component separation circuitry is further configured to apply a transformation to the representation of the at least a part of the one or more signals received by the one or more first CNs to separate one or more signal components of the at least a part of the one or more signals that were received by the one or more first CNs via the one or more DCSs. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure are (See the attached Notice of References Cited (PTO-892)). These prior arts are considered pertinent because they relate generally to the field of data communication devices and more particularly relates to communication devices comprising at least a demodulator for detecting envelope of an intermediate signal. Any inquiry concerning this communication or earlier communications from the examiner should be directed to BERHANU TADESE whose telephone number is (571)272-2478. The examiner can normally be reached Monday - Friday (9 - 5 PM EST). 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 on 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. /BERHANU TADESE/Primary Examiner, Art Unit 2632
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Prosecution Timeline

Dec 03, 2024
Application Filed
Apr 23, 2026
Non-Final Rejection mailed — §103
Jul 02, 2026
Response Filed
Sep 16, 2026
Final Rejection mailed — §103 (current)

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