Prosecution Insights
Last updated: October 02, 2026
Application No. 18/987,157

METHOD FOR OPTIMIZING A RECONFIGURABLE INTELLIGENT SURFACE

Non-Final OA §101§112
Filed
Dec 19, 2024
Priority
Dec 20, 2023 — FR FR2314603
Examiner
VO, NGUYEN THANH
Art Unit
Tech Center
Assignee
COMMISSARIAT À L'ÉNERGIE ATOMIQUE ET AUX ÉNERGIES ALTERNATIVES
OA Round
1 (Non-Final)
85%
Grant Probability
Favorable
1-2
OA Rounds
5m
Est. Remaining
92%
With Interview

Examiner Intelligence

Grants 85% — above average
85%
Career Allowance Rate
930 granted / 1093 resolved
+25.1% vs TC avg
Moderate +7% lift
Without
With
+6.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 2m
Avg Prosecution
26 currently pending
Career history
1107
Total Applications
across all art units

Statute-Specific Performance

§101
3.9%
-36.1% vs TC avg
§103
42.2%
+2.2% vs TC avg
§102
17.5%
-22.5% vs TC avg
§112
24.4%
-15.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1093 resolved cases

Office Action

§101 §112
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 . Specification The abstract of the disclosure is objected to because it should be limited to a single paragraph, and the words such as “said” should not be used. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b). 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 1-11 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim 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. As to claim 1, the recitations “the propagation multi-path channel” at line 6, “the communication and/or location system” lack clear antecedent basis. As to claim 4, the recitations “the time response of said multi-path channel” at line 2, “the isolated time response of said reconfigurable intelligent surface” at line 4, “said frequency acquisition” at line 11, “said time response” at line 13 lack clear antecedent basis. As to claim 6, the recitation “the estimation of the relative power of said component” at line 10 lacks clear antecedent basis. As to claim 10, the recitation “at least one transmitter (34)” at line 4 should be changed to --at least one transmitter--. The recitation “the multi-path propagation channel” at lines 12-13 lacks clear antecedent basis. Claim Rejections - 35 USC § 101 35 U.S.C. 101 reads as follows: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title. Claim 9 is rejected under 35 U.S.C. 101 because it is directly related to “a computer program”. Allowable Subject Matter Claims 1-11 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action. Denis (EP 3919929 A1) discloses a method for optimizing a reconfigurable intelligent surface, said surface comprising a plurality of elements RIS 1..RIS K (see figure 3), each controllable in phase and/or amplitude (see paragraph [0001]), said reconfigurable intelligent surface being suitable for reflecting or transmitting signals between at least one transmitter Xbs and at least one receiver X (see figure 3), said method being implemented by an electronic device and comprising the following successive steps: - acquisition of at least one measurement of the propagation multi-path channel associated with the communication and/or location system (see paragraph [0018]), said system comprising at least said reconfigurable intelligent surface (see figure 3), said at least one transmitter Xbs and said at least one receiver X (see figure 3), said acquisition being implemented for a current configuration of said reconfigurable intelligent surface; - on the basis of said acquisition, estimation of said multi-path channel (see paragraphs [0045], [0053]); - computation of a cost function using components of said reconfigurable intelligent surface (see paragraphs [0026], [0045]). Shrivastava (WO 2023/228158 A1) discloses a method for optimizing a reconfigurable intelligent surface (see at least figure 11), said surface comprising a plurality of elements (see figure 11), each controllable in phase and/or amplitude (see paragraph [0007]), said reconfigurable intelligent surface being suitable for reflecting or transmitting signals between at least one transmitter 1120 (see figure 11) and at least one receiver 1140 (see figure 11), said method being implemented by an electronic device and comprising the following successive steps: - acquisition of at least one measurement of the propagation multi-path channel associated with the communication and/or location system (see paragraph [0105]), said system comprising at least said reconfigurable intelligent surface (see figure 11), said at least one transmitter 1120 and said at least one receiver 1140 (see figure 11), said acquisition being implemented for a current configuration of said reconfigurable intelligent surface; - on the basis of said acquisition, estimation of said multi-path channel (see paragraphs [00124], [00128]); - computation of a cost function using components of said reconfigurable intelligent surface (see paragraphs [00127], [00140]). Regarding independent claim 1, Denis (EP 3919929 A1), and Shrivastava (WO 2023/228158 A1), either alone or in combination, fails to disclose that: - within said multi-path channel estimation, isolation of the component of said reconfigurable intelligent surface; - computation of a cost function using only said isolated component of said reconfigurable intelligent surface; said successive steps being reiterated after modification, at each iteration of all said successive steps, of said current configuration of said intelligent reconfigurable surface, until a predetermined stopping criterion is reached, the optimum configuration of said intelligent reconfigurable surface being associated with the iteration the cost value of which is maximum. Regarding independent claim 10, dependent claims 2-9, and 11, they are discussed for similar reasons with respect to independent claim 1 as set forth above. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Denis (EP 3919929 A1), and Shrivastava (WO 2023/228158 A1) disclose optimizing reconfiguration reflecting surfaces using cost functions. Marzetta (US 2016/0134438 A1) disclose reconfiguration reflecting surface. Any inquiry concerning this communication or earlier communications from the examiner should be directed to NGUYEN THANH VO whose telephone number is (571)272-7901. The examiner can normally be reached Mon-Fri 8-5. 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, Jeanette J Parker can be reached at (571) 270-3647. 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. /NGUYEN T VO/Primary Examiner, Art Unit 2646
Read full office action

Prosecution Timeline

Dec 19, 2024
Application Filed
Sep 15, 2026
Non-Final Rejection mailed — §101, §112 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
85%
Grant Probability
92%
With Interview (+6.6%)
2y 2m (~5m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1093 resolved cases by this examiner. Grant probability derived from career allowance rate.

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