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 .
Response to Amendment
This Action is in response to Applicant’s amendment filed on 05/12/2026. Claims 1-15 are still pending in the present application. This Action is made FINAL.
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.
Response to Arguments
Applicant's arguments filed on 05/12/2026, with respect to claims 1 and 10 have been fully considered but they are not persuasive.
In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, Huawei and IEEE discloses the RIS. Huawei discloses the controllable metasurface devices capable of redirecting a wavefront transmitted by a transmitter to a receiver in the wireless network to take advantage of the controllable metasurface device capabilities, intelligence, coordination and speed, and thereby enable solutions having different signaling. In some embodiments, each one of a plurality of signals are transmitted or received on a corresponding beam of the selected subset of beams via a respective RISs. IEEE deal with the Reconfigurable Intelligent Surface (RIS) Assisted Wireless Coverage Extension focusing in RIS Orientation and Location Optimization.
Claim scope v. Argued subject matter
Applicant states that “FIG. 2 of the present application (shown below) illustrates an
embodiment of the present disclosure in which an additional reconfigurable intelligent surface (RIS) module RIS2 may be deployed in a network in which an RIS module RIS1 is already deployed. The already deployed RIS 10 may be elected to act as a master RIS 16 over the newly added RIS module RIS2 that, correspondingly, acts as a slave RIS 18. The master RIS 16 may estimate the difference in position, denoted Ap, with respect to RIS2. Based on this and in addition with the knowledge of the position of the BS 34 (which can be assumed to be known) and an intended receiver location, which can be inferred from the known configuration matrix D1, according to an embodiment the RISC 20 at the master RIS 16 may derive the configuration matrix 02 according to a pre-defined or configurable objective function. For instance, the RISC 20 at the master RIS 16 may be configured to determine the configuration matrix 02 in such a way that a signal reflected upon RIS2 is coherently summed up at the intended receiver with the signal reflected upon the master RIS 16.” However, at least the underlined language is not stated in any dependent claim, or stated in different dependent claim branches (i.e., non-intervening).
Huawei in view of IEEE
Applicant states that “the Office correctly concedes that Huawei does not disclose "calculating, by the first RIS module based on the given phase shift configuration," as recited in claim 1, but suggests that IEEE discloses this feature on page 2, column 7, lines 7-11. According to the Office, it would be obvious to one of skill in the art to combine the teachings of Huawei with the teachings of IEEE 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. See Office Action p. 4. Applicant respectfully disagrees because the system disclosed in IEEE has only a single RIS setup. Because there is only a single RIS in the system disclosed in IEEE, there is no need for the system in IEEE to account for coordination of multiple RISs to avoid interference, which is required in Huawei. Thus, one of skill in the art would not look to the teachings of IEEE to modify the teachings of Huawei which describe multiple RIS in a distributed fashion.” However, it is respectfully noted that the Applicant does not rely on any legal citation regarding the need of the primary reference to the secondary reference in order for the references to be combined. In other words, it is not clear under what rationale is the Applicant arguing that both references cannot be combined; i.e., teaching away, destruction of function, unsatisfactory for intended purpose, etc.
Applicant asserts that Huawei neither IEEE do not teach in claims 1 and 10, "calculating, by the first RIS module ... a phase shift configuration for the second RIS module according to a selected objective function,". However, the Examiner respectfully disagrees with such assertion. (See below for further clarification).
In response to the preceding argument examiner respectfully submits that Huawei and IEEE teach "calculating, by the first RIS module ... a phase shift configuration for the second RIS module according to a selected objective function,". Huawei teaches the ” This may involve expressing RIS pattern information such as bias voltage for each element of the RIS panel or a phase shift (absolute or differential)for each element of the RIS panel to generate the RIS pattern. The RIS pattern information may be absolute RIS pattern information, e.g. the bias voltage or phase shift information for each configurable element of the RIS panel or be an alternative version of the information, maybe an index to a predefine RIS pattern known to the RIS that could be used to reduce overhead as compared to the absolute RIS pattern information. As the network is providing the RIS pattern information to the RIS, the RIS does not need to know any information about the channel, such as for example the CSI, and the UE that the BS is serving. …” As disclosed in paragraph [0241]. Therefore, each element of the RIS has their own phase shift, first RIS has one phase shift and the second RIS has another phase shift. The calculation of the phase shift is performed by the first RIS. IEEE discloses the calculation of the Phase shifting “when the biased voltages applied to the PIN diodes change, the RIS element will change the reflection phase shift accordingly. The reflection amplitude change and phase shift of the (m, n)-th element, respectively.”. Therefore, the first RIS and unique calculation of the phase shifting is made by the first RIS not multiple calculations performed by multiples RISs as indicated by applicant on page 11 on the remarks.
The prior art should be considered as a whole. See also MPEP § 2141.02 [R-5] Paragraph VI. Claims must be given the broadest reasonable interpretation during examination and limitations appearing in the specification but not recited in the claim are not read into the claim (See M.P.E.P. 2111 [R-l]).
Conclusion
THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
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.
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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.
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/JOSEPH AREVALO/ Primary Examiner, Art Unit 2642
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