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 Amendments
Claims 1, 3-7, 9-16, and 19-20 are pending.
Response to Arguments
Applicant’s arguments, see pages 6-7, filed 12/24/2025, with respect to Claim Rejections under 35 U.S.C. 103 have been fully considered but they are not persuasive.
Applicant appears to argue that the combination of Jungmaier and Amihood do not teach the transmitter and receiver having unequal warm-up periods because Amihood discloses a transceiver rather than separate transmitters and receiver components.
In response to applicant’s arguments against the references individually, one cannot show non-obviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Jungmaier teaches a radar system with separate transmitting and receiving antennas, both of which are associated with distinct circuitry ([0022-0024]). For example, the reception circuitry includes components that are not present in the transmission circuitry ([0024]: filters, low-noise amplifiers, analog-to-digital converters). Amihood teaches that warm-up periods depend on which components are turned on or off (Amihood [0070]: “This turn-on time is dependent upon which components in the transceiver 214 are turned-off or powered down in the idle operational state.”). Therefore, the combined teachings of Jungmaier and Amihood suggest that the transmission circuitry and reception circuitry of Jungmaier, which comprise different components, would have different warm-up periods.
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:
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 1, 5-7, 9-16, and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Jungmaier (US 2020/0132808) in view of Amihood (US 2018/0329050).
Regarding Claim 1, Jungmaier teaches a radar system ([0008]) comprising:
a first radar component and a second radar component, the first radar component being a transmitter configured to transmit at least one monitoring wave, and the second radar component being a receiver and configured to receive at least one reflected wave ([0022]: “a transmitting antenna(s), and a receiving antenna(s)”), the transmitter and the receiver having an active mode and a passive mode, the active mode defined by the receiving of a power supply ([0006]; [0028]: “active mode and low power mode”; [0029]; Fig. 5) and transmitting at least one monitoring wave and receiving at least one reflected wave ([0029]: “During active mode 202, millimeter-wave radar 102 transmits radiation pulses 106 and receives corresponding reflected radiation pulses.”; Figs. 2, 3)…;
a processing unit configured to process at least one reflected wave signal received from the receiver, the reflected wave signal indicative of the at least one reflected wave ([0020]: “processor 104”; [0021]); and
a controller configured to control at least one of the transmitter and the receiver, wherein the controller maintains the transmitter and the receiver in the active mode during a first time period and a second time period ([0027]: “Power management circuit 101”; [0028-0029]; Fig. 3), wherein at least one of the transmitter and the receiver have a warm-up period, and wherein the controller is configured to maintain at least one of the transmitter and the receiver in the active mode during the warm-up period ([0029]: “During active mode 202, millimeter-wave radar 102 transmits radiation pulses 106 and receives corresponding reflected radiation pulses.”; [0042]; Figs. 2, 3, 5).
Jungmaier does not explicitly teach – but Amihood teaches: wherein the passive mode is defined by receiving of approximately none of the power supply (Amihood [0042]: “The transceiver 214 includes multiple components that can be individually turned on or off via the power management module 220 in accordance with an operational state of the radar system 102.”); and
wherein a transmitter warm-up period for the transmitter has a first duration and a receiver warm-up period for the receiver has a second duration, the first duration and the second duration being unequal (Amihood [0042]: “By turning these components on or off”; [0070]: “there may be some amount of setup or settling time involved before the radar system 102 can actively transmit or receive the radar signals”; “This turn-on time is dependent upon which components in the transceiver 214 are turned-off or powered down in the idle operational state.”).
It would have been obvious to one of ordinary skill in the art to modify the system of Jungmaier and configure the transmitter and the receiver to receive approximately none of the power supply during passive mode, as taught by Amihood. Configuring the transmitter and the receiver to receive approximately none of the power supply during passive mode is beneficial for quickly switching between active and passive mode and for conserving power (Amihood [0042]).
It would also be obvious to one of ordinary skill in the art for the durations of the transmitter and receiver warm-up periods to be unequal, as taught by Amihood. Amihood teaches that settling times (warm-up periods) depend on which specific components are turned on/off. Therefore, because they have different components, transmitters and receivers will have different warm-up periods (e.g., an analog-to-digital converter in a receiver).
Regarding Claim 14, Jungmaier teaches a method for operating a radar system ([0006]) comprising a first radar component being a transmitter, a second radar component being a receiver, a processing unit, and a controller, the first radar component and the second radar component having an active mode and a passive mode ([0006]; [0020]; [0022]; [0027-0029]), the method comprising:
maintaining, with the controller, the transmitter and the receiver in the active mode during a first time period and a second time period, the active mode defined by receiving of a power supply ([0006]; [0028-0029]; Fig. 3 shows time periods) and transmitting at least one monitoring wave and receiving at least one reflected wave ([0029]: “During active mode 202, millimeter-wave radar 102 transmits radiation pulses 106 and receives corresponding reflected radiation pulses.”; Figs. 2, 3)…; wherein at least one of the transmitter and the receiver have a warm-up period, and wherein the controller is configured to maintain at least one of the transmitter and the receiver in the active mode during the warm-up period ([0029]: “During active mode 202, millimeter-wave radar 102 transmits radiation pulses 106 and receives corresponding reflected radiation pulses.”; [0042]; Figs. 2, 3, 5); and
switching, with the controller, at least one of the transmitter and the receiver to the passive mode during at least a portion of a first interval, the first interval defined between the first time period and the second time period ([0028]: “Some embodiments operate millimeter-wave radar 102 by periodically cycling between active mode and low power mode to, e.g., reduce power consumption”; Fig. 3 shows passive mode intervals between active mode periods).
Jungmaier does not explicitly teach – but Amihood teaches: and the passive mode defined by receiving of approximately none of the power supply (Amihood [0042]: “The transceiver 214 includes multiple components that can be individually turned on or off via the power management module 220 in accordance with an operational state of the radar system 102.”); and
wherein a transmitter warm-up period for the transmitter has a first duration and a receiver warm-up period for the receiver has a second duration, the first duration and the second duration being unequal (Amihood [0042]: “By turning these components on or off”; [0070]: “there may be some amount of setup or settling time involved before the radar system 102 can actively transmit or receive the radar signals”; “This turn-on time is dependent upon which components in the transceiver 214 are turned-off or powered down in the idle operational state.”).
It would have been obvious to one of ordinary skill in the art to modify Jungmaier and configure the transmitter and the receiver to receive approximately none of the power supply during passive mode, as taught by Amihood. Configuring the transmitter and the receiver to receive approximately none of the power supply during passive mode is beneficial for quickly switching between active and passive mode and for conserving power (Amihood [0042]).
It would also be obvious to one of ordinary skill in the art for the durations of the transmitter and receiver warm-up periods to be unequal, as taught by Amihood. Amihood teaches that settling times (warm-up periods) depend on which specific components are turned on/off. Therefore, because they have different components, transmitters and receivers will have different warm-up periods (e.g., an analog-to-digital converter in a receiver).
Regarding Claims 5 and 15, Jungmaier teaches wherein the controller maintains at least one of the transmitter and the receiver in the active mode during a third time period ([0028]; Fig. 3).
Regarding Claim 6, Jungmaier teaches wherein the at least one monitoring wave is transmitted and the at least one reflected wave is received during the first time period, the second time period, and the third time period ([0029]: “During active mode 202, millimeter-wave radar 102 transmits radiation pulses 106 and receives corresponding reflected radiation pulses").
Regarding Claim 7, Jungmaier does not explicitly teach – but Amihood teaches: wherein the first time period, the second time period, and the third time period are each respectively less than 300 microseconds (Amihood [0059]: “A duration of a radar frame 606 may be on the order of tens or thousands of microseconds (e.g., between approximately 30 μs and 5 ms)”). It would have been obvious to modify the system of Jungmaier and use time periods of less than 300 microseconds to reduce power consumption by using short periods of active mode.
Regarding Claim 9, Jungmaier teaches the system further comprising a first interval between the first time period and the second time period, and a second interval between the second time period and the third time period, the controller configured to switch at least one of the first radar component and the second radar component to the passive mode during at least a portion of at least one of the first interval and the second interval ([0028]: “Some embodiments operate millimeter-wave radar 102 by periodically cycling between active mode and low power mode”; Fig. 3 shows passive mode intervals between active mode periods).
Regarding Claim 10, Jungmaier does not explicitly teach – but Amihood teaches: wherein the first interval is shorter than the second interval (Amihood [0041]: “In general, the power management module 220 determines when power can be conserved, how power can be conserved, and incrementally adjust power consumption to enable the radar system 102 to operate within limitations of available power”; Amihood [0066]: “the power management module 220 can determine a time for which the radar system 102 is not actively collecting radar data. Based on this inactive time period, the power management module 220 can conserve power by adjusting an operational state of the radar system 102 and turning off one or more components of the transceiver 214”). It would have been obvious to modify the system of Jungmaier to use any time periods and/or time intervals that reduce power consumption. Discovering the optimum or workable values for the time periods/intervals involves only routine skill in the art. See MPEP § 2144.05.
Regarding Claims 11 and 19, Jungmaier does not explicitly teach – but Amihood teaches: wherein the first interval is predefined and the second interval is variable (Amihood [0041]; [0066]). It would have been obvious to modify the system and method of Jungmaier to use any time periods and/or time intervals that reduce power consumption. Discovering the optimum or workable values for the time periods/intervals involves only routine skill in the art. See MPEP § 2144.05.
Regarding Claims 12 and 20, Jungmaier does not explicitly teach – but Amihood teaches: wherein the processor is operably connected to the controller, the processor configured to increase or decrease the second interval (Amihood [0041]; [0066]). It would have been obvious to modify the system and method of Jungmaier to use any time periods and/or time intervals that reduce power consumption. Discovering the optimum or workable values for the time periods/intervals involves only routine skill in the art. See MPEP § 2144.05.
Regarding Claim 13, Jungmaier teaches wherein the radar system is configured to detect the presence or non-presence of a human within a building (Fig. 1, item 108 is a human).
Regarding Claim 16, Jungmaier teaches the method further comprising switching, with the controller, at least one of the transmitter and the receiver to the passive mode during at least a portion of a second interval, the second interval defined between the second time period and the third time period ([0028]: “Some embodiments operate millimeter-wave radar 102 by periodically cycling between active mode and low power mode”; Fig. 3 shows passive mode intervals between active mode periods).
Claims 3 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Jungmaier (US 2020/0132808) and Amihood (US 2018/0329050) as applied to Claim 1 above, and further in view of Mazur (US 2021/0190929).
Regarding Claim 3, Jungmaier does not explicitly teach – but Mazur teaches: the system further comprising a battery, the battery configured to transmit the power supply to at least one of the transmitter and the receiver (Mazur [0023]: “… it may comprise an internal battery”). It would have been obvious to modify the system of Jungmaier to incorporate the teachings of and configure a battery to power to the radar components. Transmitting power from a battery to the radar system makes the system compatible with a wider variety of power supplies. The battery may also be used as a back-up power supply.
Regarding Claim 4, Jungmaier does not explicitly teach – but Mazur teaches: the system further comprising a panel, the panel configured to transmit the power supply to at least one of the transmitter and the receiver (Mazur [0023]: “The presence sensor device may be configured to be supplied with power from an external power supply, such as a mains power supply of a building”). It would have been obvious to modify the system of Jungmaier to incorporate the teachings of and configure a panel to power to the radar components. Transmitting power from a panel to the radar system makes the system compatible with a wider variety of power supplies. Configuring an existing panel, such as a power supply of a building, may also reduce the cost of the radar system by using existing parts.
Conclusion
THIS ACTION IS MADE FINAL. 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NOAH Y. ZHU whose telephone number is (571)270-0170. The examiner can normally be reached Monday-Friday, 8AM-4PM.
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, William J. Kelleher can be reached on (571) 272-7753. 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.
/NOAH YI MIN ZHU/Examiner, Art Unit 3648
/William Kelleher/Supervisory Patent Examiner, Art Unit 3648