Prosecution Insights
Last updated: April 19, 2026
Application No. 18/998,142

DISTRIBUTED CONFIGURATION OF RIS SWARM

Non-Final OA §103
Filed
Jan 24, 2025
Examiner
AREVALO, JOSEPH
Art Unit
2642
Tech Center
2600 — Communications
Assignee
NEC Laboratories Europe GmbH
OA Round
1 (Non-Final)
84%
Grant Probability
Favorable
1-2
OA Rounds
2y 10m
To Grant
99%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allow Rate
709 granted / 842 resolved
+22.2% vs TC avg
Strong +21% interview lift
Without
With
+21.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
39 currently pending
Career history
881
Total Applications
across all art units

Statute-Specific Performance

§101
4.2%
-35.8% vs TC avg
§103
56.6%
+16.6% vs TC avg
§102
24.7%
-15.3% vs TC avg
§112
4.2%
-35.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 842 resolved cases

Office Action

§103
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 . Preliminary Amendment The present Office Action is based upon the original patent application filed on 01/24/2025 as modified by the preliminary amendment filed on 01/24/2025. Claims 1-15 are now pending in the present application. Claim Objections Claims 1, 10, 11 were objected to because of the following informalities: The claims recites different acronyms without them been defined. Such as RIS, NFC. Appropriate correction is required. Information Disclosure Statement The information disclosure statement (IDS) submitted on 03/19/2025 is in compliance with the provision of 37 CFR 1.97, has been considered by the Examiner, and made of record in the application file. 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: 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. Claims 1-3, 10 and 12-14 are rejected under 35 U.S.C. 103 as being un-patentable over Huawei WO International Publication Date No.:( WO 2022/133957 A1) hereinafter referred as Huawei, in view of IEEE, Reconfigurable Intelligent Surface (RIS) Assisted Wireless Coverage Extension: RIS Orientation and Location Optimization, communication letter , VOL.25, NO 1, January 2021. For Claim 1, Huawei discloses a method for configuring distributed RIS modules in a network , the method comprising: performing, by a first RIS module (804 fig. 8A), which is a RIS module already deployed in the network (paragraph [0058], lines 1-3) and provided with a given phase shift configuration, a discovery process for discovering at least one second RIS module (806 fig. 8A) (paragraph [0153], lines 1-4), which is a nearby RIS module that is newly deployed and not yet included in the network (paragraph [0266], lines 1-3), wherein the discovery process is executed using short-range communication modules implemented on the first and the second RIS modules (paragraph [0233], lines 5-13); determining, by the first RIS module based on information derived from the communication with the second RIS module via the short-range communication modules (paragraph [0326], lines 1-4), the a relative position difference to the second RIS module (paragraph [0291], lines 1-3 disclose the RIS as an internal transceiver or global positioning signal ) and (paragraph [0337], lines 1-10); and based on the determined relative position difference (paragraph [0171], lines 1-3), a phase shift configuration for the second RIS module according to a selected objective function (paragraph [0241], lines 1-8). However, Huawei disclose all the subject matter of the claimed invention with the exemption of the calculating, by the first RIS module based on the given phase shift configuration as recited in claim 1. IEEE from the same or analogous art teaches the calculating, by the first RIS module based the given phase shift configuration (page 2 under II System model and the scenario description column 1 lines 7-11). Therefore, it would have been obvious for the person of ordinary skill in the art at the time of filling to use the calculating, by the first RIS module based on its own the given phase shift configuration as taught by IEEE into the system and method for reflective intelligent surfaces in MIMO system of Huawei. The calculating, by the first RIS module based on its own the given phase shift configuration can be modify/implemented by combining the calculating, by the first RIS module based on its own the given phase shift configuration with the device. This process is implemented as a hardware solution or as firmware solutions of IEEE into the system and method for reflective intelligent surfaces in MIMO system of Huawei. As disclosed in IEEE, the motivation for the combination would be to use the RIS module enhancing wireless networks by dynamically controlling radio propagation, offering a low-cost, low-power solution to improve signal coverage, energy efficiency, and data rates becoming more efficient and reliable for a better communication. For Claim 2, Huawei discloses the method, wherein the first RIS module and the second RIS module form a master-slave configuration (paragraph [0099], lines 1-3 identifying the source as a master and the destination as the slave) . For Claim 3, Huawei discloses the method, wherein the selected objective function aims at maximizing a signal-to-noise-ratio (paragraph [0099], lines 1-3) and (paragraph [0109], lines 5-8); SNRI at an intended receiver location or minimizing cross-interference and/ or increasing a multicast rate in the case of a multi-user scenario (paragraph [0173], lines 1-4). For Claim 10, Huawei discloses a RIS module , comprising: a control element (paragraph [0136], lines 1-10); an array of reflective elements , wherein each reflective element comprises an antenna element (paragraph [0109], lines 5-13)and a phase shifter and is under control of the control element so as to reflect a radio-frequency-(RF)- signal incident on the reflective element with an adjustable phase shift realized by the phase shifter (806 fig. 8A) (paragraphs [0099]-[0100] and [0153], lines 1-4); and a short-range communication module (paragraph [0233], lines 5-13); wherein the control element is configured to cause the RIS module to provide for the execution of the steps of: performing a discovery process for discovering another RIS module (paragraph [0203], lines 1-2), which is a newly deployed RIS module, nearby (paragraph [0266], lines 1-3), wherein the discovery process is executed using the short-range communication module (paragraph [0217], lines 1-6); determining, based on information derived from the communication with the other RIS module via the short-range communication module (paragraph [0326], lines 1-4), the a relative position difference to the other RIS module (paragraph [0291], lines 1-3 disclose the RIS as an internal transceiver or global positioning signal ) and (paragraph [0337], lines 1-10); and based on the determined relative position difference (paragraph [0171], lines 1-3), a phase shift configuration for the other RIS module according to a selected objective function (paragraph [0241], lines 1-8). However, Huawei disclose all the subject matter of the claimed invention with the exemption of the calculating, based on a phase shift configuration of the RIS module as recited in claim 10. IEEE from the same or analogous art teaches the calculating, based on a phase shift configuration of the RIS module (page 2 under II System model and the scenario description column 1 lines 7-11). Therefore, it would have been obvious for the person of ordinary skill in the art at the time of filling to use the calculating, based on a phase shift configuration of the RIS module as taught by IEEE into the system and method for reflective intelligent surfaces in MIMO system of Huawei. The calculating, based on a phase shift configuration of the RIS module can be modify/implemented by combining the calculating, based on a phase shift configuration of the RIS module with the device. This process is implemented as a hardware solution or as firmware solutions of IEEE into the system and method for reflective intelligent surfaces in MIMO system of Huawei. As disclosed in IEEE, the motivation for the combination would be to use the RIS module enhancing wireless networks by dynamically controlling radio propagation, offering a low-cost, low-power solution to improve signal coverage, energy efficiency, and data rates becoming more efficient and reliable for a better communication. For Claim 12, Huawei discloses the RIS module, wherein two or more short-range communication modules are arranged on the RIS board (paragraph [0150], lines 1-9). For Claim 13, Huawei discloses the RIS module, wherein the RIS module is configured to form a master-slave configuration with the other RIS module (paragraph [0099], lines 1-3 identifying the source as a master and the destination as the slave). For Claim 14, Huawei discloses the RIS module, wherein the control element is configured to communicate with a base station of a network via a control channel for setting a desired RIS phase-shift configuration (paragraphs [0242], lines 1-4 and [0249], lines 1-13) Claim 11 is rejected under 35 U.S.C. 103 as being un-patentable over Huawei WO International Publication Date No.:( WO 2022/133957 A1) hereinafter referred as Huawei, in view of DUAN et al US Patent Application No.:( US 2024/0069146 A1) hereinafter referred as DUAN. For claim 11, Huawei disclose all the subject matter of the claimed invention with the exemption of the short-range communication module includes an NFC module embedded into the an RIS board associated with the RIS module as recited in claim 10. DUAN from the same or analogous art teaches the short-range communication module includes an NFC module embedded into the an RIS board associated with the RIS module (paragraph [0066], lines 1-8) and (paragraph [0074], lines 1-8). Therefore, it would have been obvious for the person of ordinary skill in the art at the time of filling to use the short-range communication module includes an NFC module embedded into the an RIS board associated with the RIS module as taught by DUAN into the system and method for reflective intelligent surfaces in MIMO system of Huawei. The short-range communication module includes an NFC module embedded into the an RIS board associated with the RIS module can be modify/implemented by combining the short-range communication module includes an NFC module embedded into the an RIS board associated with the RIS module with the device. This process is implemented as a hardware solution or as firmware solutions of DUAN into the system and method for reflective intelligent surfaces in MIMO system of Huawei. As disclosed in DUAN, the motivation for the combination would be to use the short-range communication module includes an NFC module embedded into the an RIS will create a smart or active RIS enabling enhanced control and functionality for 6G becoming more efficient and reliable. Allowable Subject Matter Claims 4-9 and 15 are objected 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 The prior art made of record and not relied upon is considered pertinent to applicant's disclosure is shown in the following table: US-20250343577-A1 ABU AL HAIJA; Ahmad US-20250323689-A1 Jagyasi; Deepa Gurmukhdas US-20240429971-A1 Haija; Ahmad Abu Al US-20240297724-A1 WANG; Chengxiang Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH AREVALO whose telephone number is (571)270-3121. The examiner can normally be reached on M-F 8:30-5:00 PM. 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, Rafael Perez-Gutierrez can be reached on (571)272-7915. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /JOSEPH AREVALO/ Primary Examiner, Art Unit 2642
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Prosecution Timeline

Jan 24, 2025
Application Filed
Feb 07, 2026
Non-Final Rejection — §103 (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
84%
Grant Probability
99%
With Interview (+21.2%)
2y 10m
Median Time to Grant
Low
PTA Risk
Based on 842 resolved cases by this examiner. Grant probability derived from career allow rate.

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