Prosecution Insights
Last updated: October 26, 2026
Application No. 19/188,896

RADIOFREQUENCY DEVICE AND METHOD USING A DIGITALLY CONTROLLABLE SCATTERER (DCS)

Non-Final OA §103
Filed
Apr 24, 2025
Priority
Oct 24, 2022 — continuation of PCTEP2022079563
Examiner
HA, DAC V
Art Unit
2633
Tech Center
2600 — Communications
Assignee
Huawei Technologies Co., Ltd.
OA Round
1 (Non-Final)
94%
Grant Probability
Favorable
1-2
OA Rounds
6m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 94% — above average
94%
Career Allowance Rate
759 granted / 812 resolved
+31.5% vs TC avg
Moderate +5% lift
Without
With
+5.3%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 0m
Avg Prosecution
8 currently pending
Career history
819
Total Applications
across all art units

Statute-Specific Performance

§101
7.8%
-32.2% vs TC avg
§103
42.2%
+2.2% vs TC avg
§102
24.0%
-16.0% vs TC avg
§112
9.6%
-30.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 812 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 . 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. Claim(s) 1-4, 6, 11-14, 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Maruyama et al. – US 2015/0070246 (hereinafter Maruyama) in view of Bengtsson et al. – US 2023/0224003 (hereafter Bengtsson). Re claim 1, Maruyama disclsoes: a digitally controllable scatterer (DCS), the DCS comprising a scattering surface (reflectarray) that comprises a plurality of scattering elements (plural elements of the refectarray) (Fig. 1-5; para. 0084 -0087, 0121) each having a controllable phase shift (phase difference; para. 0007, 0084); a transmitter, configured to transmit an electromagnetic wave onto the scattering surface of the DCS (Fig. 1, the incident wave); and a DCS controller configured to: determine a codeword based on one or more parameters of the DCS, a characteristic of the electromagnetic wave transmitted by the transmitter, and a characteristic of a desired electromagnetic wave scattered by the scattering surface of the DCS (Fig. 1, 12-16; para. 0095-0098, 0101-0108; wherein Maruyama discloses determining reflection phases of the respective elements according to the incident wave direction, the desired reflected wave direction, and the geometrical arrangement of the reflecting elements), wherein the codeword determines a phase shift configuration for the plurality of scattering elements of the scattering surface of the DCS; and control the plurality of scattering elements of the scattering surface of the DCS, using the codeword, to form the desired electromagnetic wave by scattering the electromagnetic wave transmitted by the transmitter. Maruyama differs from the claimed invention in that it does not explicitly disclose the above underline claimed subject matter. That is, Maruyama discloses determining a reflection-phase controlling for a plurality of reflecting elements based on the geometric arrangement of the reflecting elements, the incident wave direction and the desired reflected wave direction, however, Maruyama does not explicitly discloses determining reflection phase control as a digital applicable codeword. Bengtsson, in similar filed of endeavor, discloses “a transmitter” in para. 0015, 0026, 0045 for transmitting signal incident on reflective device; and the above underline claimed subject matter in that, Bengtsson teaches reconfiguring a reflective device using a predefined codebook having entries associated with selected spatial directions; the reflective device configuration can be calculated based on the angle of arrival and the frequency of the radio channel (para. 0057-0059, 0061-0063, 0072-0073). Therefore, it would have been obvious to a person of ordinary skill in the art at the time of the filing to have incorporated the such teaching from Bengtsson, into Maruyama, so as to represent the reflection phase control of Maruyama as selectable configuration of Bengtsson’s codebook-controlled reflective device, because doing so would allow the reflection phases of the elements to be electronically established and reconfigured for different incident desired outgoing directions. Re claim 14, see corresponding claim 1 for similar claimed subject matter. Re claim 16, see corresponding claim 1 for similar claimed subject matter and Bengtsson, para. 0023, 0025. Re claim 2, the combination of Maruyama and Bengtsson further discloses “wherein the characteristic of the electromagnetic wave transmitted by the transmitter comprises at least one of a propagation vector and or a structure of the electromagnetic wave transmitted by the transmitter” in Maruyama, Fig. 12, para. 0095; wherein the incident direction corresponds to the claimed “propagation vector”. Re claim 3, the above-mentioned combination further discloses “wherein the characteristic of the desired electromagnetic wave scattered by the scattering surface of the DCS comprises at least one of a desired propagation vector and-or a structure of the desired electromagnetic wave scattered by the scattering surface of the DCS” in Maruyama, Fig. 12-16; para. 0005, 0007, 0084, 0093-107; wherein the desired reflected wave direction corresponds to the claimed “desired propagation vector”. Re claim 4, the above-mentioned combination further discloses “wherein the one or more parameters of the DCS comprise at least one of a position of the DCS, an orientation of the DCS, a size of each of the plurality of scattering elements of the scattering surface of the DCS, and or a total number of the plurality of scattering elements of the scattering surface of the DCS” in Maruyama, para. 0089, 0090, 0092, 0110; wherein a plurality of reflecting elements arranged at respective positions and spacings, wherein the positions and spacings are used in determining the reflected phase for reflecting an incident wave in a desired direction. Re claim 6, the above-mentioned combination further discloses “wherein a position of the transmitter and a position and orientation of the DCS are fixed relative to each other” in Bengtsson, Fig. 5; para. 0053; wherein the relative position and orientation of the reconfigurable reflective device with respect to the access node are fixed and known. Re claim 11, the above-mentioned combination further discloses “further comprising a target that is illuminated by the desired electromagnetic wave scattered by the scattering surface of the DCS” Bengtsson, Fig. 5, para. 0053 - 0057; wherein the UE constitutes a target of the electromagnetic wave reflected by the reconfigurable device; providing a supplemental path between the UE and access node and selecting an output spatial direction corresponding to the estimated direction of the UE relative to the reflective device. Re claim 12, the above-mentioned combination further discloses “wherein the target is a receiver configured to receive the desired electromagnetic wave scattered by the scattering surface of the DCS” in Fig. 5-7 wherein the UE receives the signal transmitted by the access node redirected by the reconfigurable device. Re claim 13, the above-mentioned combination further discloses “wherein the DCS controller is further configured to: obtain the characteristic of the desired electromagnetic wave scattered by the scattering surface of the DCS by signaling from the target; or obtain the characteristic of the desired electromagnetic wave scattered by the scattering surface of the DCS by using information about the target” in Bengtsson, Fig. 5, para. 0054; wherein the target UE receives a reference signal transmitted by an UE and estimating the UE’s angle of arrival relative to the reconfigurable device; and selects an output spatial direction for the reflected wave. Allowable Subject Matter Claims 5, 7-10, 15, 17 are objected to 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. Leung et al. – US 11,476,587 Duarte Gelvez et al. – US 12,633,968 Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAC V HA whose telephone number is (571)272-3040. The examiner can normally be reached 7-3:30 M-F. 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, Sam Ahn can be reached at 571-272-3044. 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. /DAC V HA/ Primary Examiner, Art Unit 2633
Read full office action

Prosecution Timeline

Apr 24, 2025
Application Filed
Jun 05, 2025
Response after Non-Final Action
Oct 16, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
94%
Grant Probability
99%
With Interview (+5.3%)
2y 0m (~6m remaining)
Median Time to Grant
Low
PTA Risk
Based on 812 resolved cases by this examiner. Grant probability derived from career allowance rate.

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