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 (IDS) submitted on 12/12/2024 has been considered by the examiner.
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 § 2146 et seq. 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 filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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/apply/applying-online/eterminal-disclaimer.
Claims 1, 3-18, 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-17, 29 of U.S. Patent No. U.S. 12,170,562. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 1 of U.S. 12,170,562 claims the subject matter claimed by instant claim 1.
Claims 2-16 of U.S. 12,170,562 respectively claim the subject matter claimed by instant claims 3-17
Claim 17 of U.S. 12,170,562 claims the subject matter claimed by instant claim 18.
Claim 29 of U.S. 12,170,562 claims the subject matter claimed by instant claim 20.
Claims 2, 19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 17 of U.S. Patent No. 12,170,562 in view of Medra et al. (U.S. 2022/0052764)(reference cited in the 12/12/2024 IDS).
With respect to instant claim 2, claim 1 of U.S. 12,170,562 does not claim:
wherein the relay includes an array of reconfigurable elements, the reconfigurable elements having a reconfigurable electromagnetic characteristic, the reconfigurable electromagnetic characteristic including one or more of a reflection characteristic, a scattering characteristic, an absorption characteristic, or a diffraction characteristic.
In the same field of endeavor, Medra et al. disclose: a relay includes an array of reconfigurable elements ([0054]-[0056] describe what an RIS is (including RIS 420) and how it works, also refer to Fig. 1 and its detailed description. Refer to the disclosed “A Reconfigurable Intelligent Surface (RIS)….is an array of configurable elements”, lines 1-5 of [0054], also [0055] in particular the approximate middle of [0055] disclosing control the configurable elements), the reconfigurable elements having a reconfigurable electromagnetic characteristic (refer to at least to the approximate second half of [0056], [0060], [0065]) the reconfigurable electromagnetic characteristic including one or more of a reflection characteristic (reflection characteristic, refer to the portions already cited), a scattering characteristic, an absorption characteristic, or a diffraction characteristic.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the relay of claim 1 of U.S. 12,170,562 based on the cited teachings of Medra et al. to be a relay that includes an array of reconfigurable elements, the reconfigurable elements having a reconfigurable electromagnetic characteristic, the reconfigurable electromagnetic characteristic including one or more of a reflection characteristic, a scattering characteristic, an absorption characteristic, or a diffraction characteristic (relay described in Medra et al. at least lines 1-5 of [0054], also [0055], second half of [0056], [0060], [0065]) and has the ability to manipulate the incident wave, has low cost, require small bias voltages, and maximizes SNR at the direction of the destination (receiver)(Medra et al., at least [0056]).
With respect to instant claim 19, claim 17 of U.S. 12,170,562 does not claim:
wherein the relay includes an array of reconfigurable elements, the reconfigurable elements having a reconfigurable electromagnetic characteristic, the reconfigurable electromagnetic characteristic including one or more of a reflection characteristic, a scattering characteristic, an absorption characteristic, or a diffraction characteristic.
In the same field of endeavor, Medra et al. disclose: a relay includes an array of reconfigurable elements ([0054]-[0056] describe what an RIS is (including RIS 420) and how it works, also refer to Fig. 1 and its detailed description. Refer to the disclosed “A Reconfigurable Intelligent Surface (RIS)….is an array of configurable elements”, lines 1-5 of [0054], also [0055] in particular the approximate middle of [0055] disclosing control the configurable elements), the reconfigurable elements having a reconfigurable electromagnetic characteristic (refer to at least to the approximate second half of [0056], [0060], [0065]) the reconfigurable electromagnetic characteristic including one or more of a reflection characteristic (reflection characteristic, refer to the portions already cited), a scattering characteristic, an absorption characteristic, or a diffraction characteristic.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the relay of claim 17 of U.S. 12,170,562 based on the cited teachings of Medra et al. to be a relay that includes an array of reconfigurable elements, the reconfigurable elements having a reconfigurable electromagnetic characteristic, the reconfigurable electromagnetic characteristic including one or more of a reflection characteristic, a scattering characteristic, an absorption characteristic, or a diffraction characteristic (relay described in Medra et al. at least lines 1-5 of [0054], also [0055], second half of [0056], [0060], [0065]) and has the ability to manipulate the incident wave, has low cost, require small bias voltages, and maximizes SNR at the direction of the destination (receiver)(Medra et al., at least [0056]).
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.
(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, 6-7, 9-11, 17-18, 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Baker et al. (U.S. 7,062,224)(reference cited in the 12/12/2024 IDS).
With respect to claim 1, Baker et al. disclose:
a memory; and one or more processors, coupled to the memory, configured to (Fig. 11-12, as related to the base station 104 of at least Fig. 2A-2B, 13C and system of Fig. 1, column 9, lines 55-67, column 10, lines 1-20, 41-60, refer to an embodiment of the base station 104, includes a memory (RAM column 10, lines 12-13) as shown in Fig. 12, e.g. computer processor 1204 (or refer to column 10, line 29). Alternatively refer to column 10, lines 61-65 and Fig. 13A-B where the remote station 126 is implemented using a system as previously described (”foregoing techniques and systems can also be applied to identify forward link transmissions…”) comprising a memory and one or more processors, coupled to memory): receive a signal that is transmitted by a transmitter (Fig. 2A, refer to the reception of the signal transmitted from repeater (relay) 120 originally transmitted by remote station 126 which is outside the service area 114 of base station 104. The base station 104 performs the reception at 208 and the received signal includes an indication of a signature of a relay (repeater 120), refer to Fig.2A, 204-206. Column 5, lines 25-38, 45-60 refer to the included discriminant in the received signal (step 208 receiving signal transmitted at 206). Alternatively refer to Fig. 13C, column 11, lines 46-64 The base station 104 receives output out of 1326 (originally transmitted from remote station126) which includes an indication of signature of a relay (reverse link discriminant). Alternatively refer to Fig. 13A-13B. Here the remote station 126 receives a signal transmitted from a transmitter (base station 104) the signal including an indication of a signature of a relay (120) forward link discriminant , column 11, lines 8-45) the signal including an indication of a relay when the signal is received via an indirect communications link that includes the relay (refer to the included discriminant and the portions cited above (Fig. 2A-B, 13C). Alternatively refer to Fig. 13A, 13B and portions cited above); and perform an action associated with communicating with the transmitter based at least in part on whether the signal is received via the direct communications link or the indirect communications link (signal is received via the indirect communications link Fig. 2B refer to action (step) 214 column 6, lines 7-18. The associating of the signal transmissions (from the transmitter 126) with a monitoring characteristic, e.g. number of dropped calls or refer to column 12, lines 33-39 the receiver (base station) commands the transmitter (remote station 126) to a different power level. Alternatively, for 13A-13B, refer to column 11, lines 41-45 e.g. determine service quality or its location (action associated with communicating with the transmitter (base station which originally transmitted the signal to 126)).
With respect to claim 6, Baker et al. disclose: wherein the one or more processors are further configured to: determine that one or more of a pattern, a periodicity, a duration, or a frequency of a transmission of the signal varies based at least in part on one or more communication parameters (column 5, lines 45-60, column 6, lines 25-67, column 7, lines 1-5. The discriminant (e.g. duration (of the disclosed pulse or delay modulation or delay component, frequency of the disclosed FM modulation or pattern (in-band tone) varies based at least in part on one or more communication parameters (e.g. for delay modulation column 6, lines 27-30) or the programmed communication parameters of the pulse or delay modulation or the frequency used in the frequency modulation or the used communication band for the in- band tone); and determine that the signal includes the indication of the relay based at least in part on the one or more of the pattern, the periodicity, the duration, or the frequency of the transmission of the signal varies based at least in part on the one or more communication parameters (part of determining the presence of the discriminant, refer to the portions cited above and in the rejection of claim 1).
With respect to claim 7, Baker et al. disclose: wherein the one or more communication parameters include one or more of a signal type of signals relayed by the relay, a modulation and coding scheme of signals relayed by the relay, a time domain resource allocation of signals relayed by the relay, a frequency domain resource allocation of signals relayed by the relay (e.g. the discriminant comprising an in-band tone), a Doppler spread of a channel, or a delay spread of the channel.
With respect to claim 9, Baker et al. disclose: wherein the one or more processors are further configured to: determine whether the signal is received via the direct link or the indirect link, are configured to: determine that the signal includes one or more time domain resources with attenuation in an amplitude of the signal (column 6, lines 32-33, column 7, lines 1-3, AM modulation is a known type of modulation in which the amplitude of the carrier signal is varied over time (time domain resources) and comprises an attenuation of an amplitude (of the carrier signal)); detect the indication of a signature of the relay in the one or more time domain resources; and determine that the signal is received via the indirect communications link based at least in part on detecting the indication of the signature of the relay (part of determining the presence of the discriminant when the discriminant utilizes AM).
With respect to claim 10, Baker et al. disclose: wherein the one or more processors are further configured to: determine that the signal is punctured at one or more time domain resource locations (column 6, lines 44-55, refer to the disclosed removing of a signal characteristic which corresponds to the signal being punctured)); detect the indication of the relay at the one or more time domain resource locations; and determine that the signal is received via the indirect communications link based at least in part on detecting the indication of the relay (part of determining the presence of the discriminant when the discriminant is provided by removing a signal characteristic).
With respect to claim 11, Baker et al. disclose: wherein the one or more processors are further configured to: determine that a signature of the relay is superposed over the signal in one or more resources of the signal (e.g. column 6, lines 56-63 refer to the adding of the code to the demodulated or modulated signal (superposed over)); and determine that the signal is received via the indirect communications link based at least in part on the signature of the relay being superposed over the signal in the one or more resources of the signal (part of determining the presence of the discriminant when the discriminant comprises the added code as described above).
With respect to claim 17, Baker et al. disclose: wherein the one or more processors are further configured to: receive the indication of the relay via one or more frequency domain resources adjacent to a set of frequency domain resources associated with the signal (column 6, line 63-64); and determine that the signal is received via the indirect link based at least in part on receiving the indication of the signature of the relay via the one or more frequency domain resources adjacent to the set of frequency domain resources associated with the signal (part of determining the presence of the discriminant when the discriminant comprises an in-band tone).
Method claim 18 recites steps corresponding to the functions performed by the claimed apparatus of claim 1. Claim 18 is rejected based on the rationale used to reject claim 1 above.
Claim 20 is rejected based on the rationale used to reject claim 1 above and refer to column 10, lines 41-52 e.g. refer to the disclosed hard drive having stored thereon instructions, executable by a computer (or processor of the computer))
9. Claims 1-2, 18-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Medra et al. (U.S. 2022/0052764).
With respect to claim 1, Medra et al. disclose: A receiver for wireless communication (Fig. 4A, refer to the UE 430 which corresponds to the claimed receiver, Fig. 3A discloses an example UE (or electronic device (ED), [0040], [0074], [0088]), comprising: a memory (Memory 208, [0092]); and one or more processors (processing unit 200 includes (for example) a microprocessor or a digital signal processor [0089]) coupled to the memory (as shown in Fig. 3A and described in [0092] “store…instructions…configured to implement some or all the functionality and/or embodiments described above and that are executed by the processing unit(s) 200”), configured to: receive a signal that is transmitted by a transmitter (the UE receives signal 440b (control signals) transmitted by transmitter (BS) 410, lines 5-9 of [0128] disclose that 440b is transmitted by the transmitter to the RIS 420 and the RSI 420 reflects and beamforms the signal to the receiver (UE)) the signal including an indication of a relay when the signal is received via an indirect communications link that includes the relay (lines 15-19 of [0128] signal 440b may reveal the fact that the overlay is done by a particular RIS (indication of RIS 420)); and perform an action associated with communicating with the transmitter (Fig. 4A, action joint reception 470 using proper receiving beamforming at the receiver (UE), last sentence of [0069]) based at least in part on whether the signal is received via a direct communications link between the receiver and the transmitter or the indirect communications link (the signal 440b is received via the indirect communications link (via the RIS) as described above, and refer to the last sentence of [0068], and at least lines 15-19 of [0128]).
With respect to claim 2, Medra et al. disclose:
wherein the relay includes an array of reconfigurable elements ([0054]-[0056] describe what an RIS is (including RIS 420) and how it works, also refer to Fig. 1 and its detailed description. Refer to the disclosed “A Reconfigurable Intelligent Surface (RIS)….is an array of configurable elements”, lines 1-5 of [0054], also [0055] in particular the approximate middle of [0055] disclosing control the configurable elements), the reconfigurable elements having a reconfigurable electromagnetic characteristic (refer to at least to the approximate second half of [0056], [0060], [0065]) the reconfigurable electromagnetic characteristic including one or more of a reflection characteristic (reflection characteristic, refer to the portions already cited), a scattering characteristic, an absorption characteristic, or a diffraction characteristic.
Method claim 18 recites steps corresponding to the functions performed by the claimed apparatus of claim 1. Claim 18 is rejected based on the rationale used to reject claim 1 above.
Method claim 19 is rejected based on the rationale used to reject claim 2 above.
Claim 20 is rejected based on the rationale used to reject claim 1 above and refer to [0051] of Medra et al. disclosing “non-transitory computer/processor readable storage medium”, at least lines 1-7 of [0051], and the last sentence).
Claim Rejections - 35 USC § 103
10. 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.
11. Claims 3-4, 8 are rejected under 35 U.S.C. 103 as being unpatentable over Baker et al. (U.S. 7,062,224) in view of Jafarian et al. (U.S.2014/0247780) (reference cited in the 12/12/2024 IDS).
With respect to claim 3, Baker et al. disclose: wherein the one or more processors are further configured to: (process) the signal to detect a sequence associated with a signature of the relay (e.g. Fig. 2A, 210 Fig. 2B 212, Fig. 13C 1330 process. Alternatively refer to Fig. 13A, 13B, 1312, 1314) and determine that the signal includes the indication of the relay based at least in part on detecting the sequence (Fig. 2B, 212, also applicable to Fig. 13C. Fig. 13A, 1B, 1316).
Baker et al. do not expressly disclose: demodulate. In the field of processing received wireless signals, Jafarian et al. disclose: demodulate (at least lines 1-7 of [0252] "to process (e.g. demodulate and decode) any signals received ").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to process the signal transmission (at 104 or 126 of Baker et al.) by performing demodulate and decode as taught by Jafarian et al (it is known and suitable to process (e.g. demodulate and decode) any signals received as a result of a receive operation).
With respect to claim 4, modified Baker et al. disclose: wherein the sequence comprises one or more of a pattern, a periodicity, a duration, or a frequency of a variance of a transmission of the indication of the signature of the relay (Baker et al., column 5, lines 45-60, at least a frequency, column 6, lines 65-67, column 7, lines 1- 6, e.g. FM modulation (a frequency), pulse modulation (pattern), delay modulation (duration)).
With respect to claim 8, Baker et al. disclose: wherein the one or more processors are further configured to: (process) the signal to detect a sequence associated with a signature of the relay (e.g. Fig. 2A, 210 Fig. 2B 212, Fig. 13C 1330 process. Alternatively refer to Fig. 13A, 13B, 1312, 1314) and determine that the signal includes the indication of the relay based at least in part on detecting the sequence associated with the signature of the relay (Fig. 2B, 212, also applicable to Fig. 13C. Fig. 13A, 1B, 1316).
Baker et al. do not expressly disclose: decode.
In the field of processing received wireless signals, Jafarian et al. disclose: decode (at least lines 1-7 of [0252] "to process (e.g. demodulate and decode) any signals received ").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to process the signal transmission (at 104 or 126 of Baker et al.) by performing demodulate and decode as taught by Jafarian et al (it is known and suitable to process (e.g. demodulate and decode) any signals received as a result of a receive operation).
12. Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Baker et al. (U.S. 7,062,224) in view of Jafarian et al. (U.S. 2014/0247780) and further in view of Xu et al. (U.S. 2023/0164863)(reference cited in the 12/12/2024 IDS)
With respect to claim 5, Baker et al. disclose: wherein the one or more processors, to perform the action associated with communicating, are configured to: determine a service quality (Fig. 13A, 13B, column 11, lines 40-45) associated with the signal based at least in part on the signature of with the relay.
Modified Baker et al., Jafarian et al. do not disclose: determine one or more of a beam direction associated with the signal or a beam state associated with the signal.
In the field of wireless communication, Xu et al. disclose: determine one or more of a beam direction associated with a signal or a beam state associated with a signal (determine a beam state (beam failure or not) based on current quality, lines 1-8 of [0035]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the receiver (126) of Baker et al. based on the teachings of Xu et al. to determine a beam state (e.g. beam failure or no beam failure) of a current service beam according to the service quality (Baker et al., column 11, lines 36-45, lines 1-8 of [0035] of Xu et al.), the service quality associated with the signal.
13. Claims 12, 15 are rejected under 35 U.S.C. 103 as being unpatentable over Baker et al. (U.S. 7,062,224) in view of Hwang et al. (U.S. 2009/0061899)(reference cited in the 12/12/2024 IDS).
With respect to claim 12, Baker et al. disclose: wherein the one or more processors are further configured to: receive the indication of the relay; and determine that the signal is received via the indirect link based at least in part on receiving the indication of the relay (determine presence of the discriminant).
Baker et al., do not disclose: at an end of a signal burst; at the end of the signal burst.
In the same field of endeavor, Hwang et al. disclose: at an end of a signal burst; at the end of the signal burst ([0046]-[0050] including " a repeater adds and transmits its own ID... when amplifying and forwarding a received signal from a BS", [0052] and Fig. 2. according to [0047] the repeater ID is included in an unused guard subscarrier band (OFDM guard bands are known to be located at the end of a signal burst (in the frequency domain). Also Fig. 9, [0078]-[0080] applicable to downlink and uplink communication through a repeater).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system (including the receiver) of Baker et al. based on the teachings of Hwang et al., to communicate OFDM signals and include the repeater signature (discriminant) at the end of a (transmitted) signal burst, so that the receiver of Baker et al. is compatible with 4G protocol (has extended coverage and "many research institutes and enterprises of advanced countries are promoting the development of technology for future 4G-standardization" and communicates OFDM signals) and reduce overhead in signaling the discriminant (repeater signature or id) by including the indication of the signature of the relay at the end of a signal burst (in a guard band).
With respect to claim 15, Baker et al. disclose: wherein the one or more processors are further configured to: receive the indication of the relay; and determine that the signal is received via the indirect link based at least in part on receiving the indication of the relay (determine presence of the discriminant).
Baker et al., do not disclose: in a guard band of a carrier bandwidth associated with the signal, via the frequency domain resource included in the guard band of the carrier bandwidth associated with the signal.
In the same field of endeavor, Hwang et al. disclose: in a guard band of a carrier bandwidth associated with a signal ([0046]-[0050] including " a repeater adds and transmits its own ID... when amplifying and forwarding a received signal from a BS", [0052] and Fig. 2. according to [0047] the repeater ID is included in an unused guard subscarrier band (OFDM guard bands are known to be located at the end of a signal burst (in the frequency domain). Also Fig. 9, [0078]-[0080] applicable to downlink and uplink communication through a repeater).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system (including the receiver) of Baker et al. based on the teachings of Hwang et al., to communicate OFDM signals and include the repeater signature (discriminant) in a guard band of a carrier bandwidth associated with the (received) signal so that the receiver of Baker et al. is compatible with 4G protocol (has extended coverage and "many research institutes and enterprises of advanced countries are promoting the development of technology for future 4G-standardization" and communicates OFDM signals) and reduce overhead in signaling the discriminant (repeater signature or id) by including the indication of the signature of the relay in a guard band (frequency resource) of a carrier bandwidth associated with the signal.
14. Claims 3, 5 are rejected under 35 U.S.C. 103 as being unpatentable over Medra et al. (U.S. 2022/0052764) in view of Kakishima et al. (U.S. 2013/0083757).
With respect to claim 3, Medra et al. disclose: wherein the one
or more processors are further configured to: and determine that the signal includes the indication of the relay (lines 15-18 of [0128]).
Medra et al. do not disclose: demodulate the signal to detect a sequence associated with a signature of the relay; and determine that the signal includes the indication of the relay based at least in part on detecting the sequence.
Implementing reception, detection and use of signaling received over RRC signaling, Kakishima et al. disclose: demodulate a signal to detect a sequence (refer to at least [0052] the UE demodulates the received RRC signal to detect a sequence (demodulated RRC signal)); and determine that the signal includes an indication based at least in part on detecting the sequence ([0052] part of performing the disclosed “…and detects…contained in the demodulated RRC signal).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the one or more processors of the receiver (UE) of Medra et al. based on the teachings of Kakishima et al. to demodulate the signal (RRC signal 440b) to detect a sequence (the demodulated RRC message that contains the indicated information which reveals that the overlay is done by a particular RIS) associated with a signature of the relay, and determine that the signal includes the indication of the relay based at least in part on detecting the sequence (the UE determines that the signal (RRC) includes the indication of the relay based at least in part on detecting the sequence (which reveals that the overlay is done by the particular RIS) as a matter of the receiver (UE of Medra et al.) performing processing (demodulation and detection) on a received RRC signal disclosed to be known and suitable for obtaining information intended for a UE and transmitted from a transmitter (BS or eNode) (Kakishima et al., at least [0052], and Medra et al. lines 15-19 of [0128]).
With respect to claim 5, modified Medra et al. disclose: wherein the one or more processors, to perform the action associated with communicating with the transmitter, are configured to: determine one or more of a beam direction associated with the signal or a beam state associated with the signal based at least in part on the signature of the relay (refer to Medra et al., lines 15-17 of [0128], the last sentence of [0068] “…proper receiving beamforming at the receiver” corresponds to the clained “a beam direction” or “a beam state” and associated step 470 (action of joint reception)).
15. Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Medra et al. (U.S. 2022/0052764) in view of Heo et al. (U.S. 2020/0288494).
With respect to claim 8, Medra et al. disclose: wherein the one or more
processors are further configured to: (receive) the signal to (determine an indication) associated with a signature of the relay (lines 15-18 of [0128] RRC signal is received by the receiver (UE) and it reveals that the overlay is done by a particular RIS).
Medra et al. do not disclose: decode the signal to detect a sequence associated with a signature of the relay; and determine that the signal includes the indication of the relay based at least in part on detecting the sequence associated with the signature of the relay.
Implementing reception, detection and use of signaling received over RRC signaling, Heo et al. disclose: decode a signal to detect a sequence (refer to at least [0042], received RRC message is decoded by the UE to detect configuration information (from a base station). The decoded RRC signals corresponds to the claimed sequence); and determine that the signal includes an indication based at least in part on detecting the sequence (indication of configuration based at least in part on the decoded RRC message, [0042]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the one or more processors of the receiver (UE) of Medra et al. based on the teachings of Heo et al. to decode the signal (RRC signal 440b) to detect a sequence (the decoded RRC message that contains the indicated information which reveals that the overlay is done by a particular RIS) associated with a signature of the relay, and determine that the signal includes the indication of the relay based at least in part on detecting the sequence (the UE determines that the signal (RRC) including the indication of the relay based at least in part on detecting the sequence (which reveals that the overlay is done by the particular RIS), as a matter of the receiver (UE of Medra et al.) performing processing (decoding and detection (obtaining)) on a received RRC signal disclosed to be known and suitable for obtaining information intended for a UE and transmitted from a transmitter (BS or eNode) (Heo et al. [0042], and Medra et al. lines 15-19 of [0128]).
Conclusion
16. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Penna et al. (U.S. 12,339,384) refer to at least Fig. 5A.
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17. Any inquiry concerning this communication or earlier communications from the examiner should be directed to SOPHIA VLAHOS whose telephone number is (571)272-5507. The examiner can normally be reached M 8:00-4:00, TWRF 8:00-2:00.
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SOPHIA VLAHOS
Examiner
Art Unit 2633
/SOPHIA VLAHOS/Primary Examiner, Art Unit 2633 03/06/2026