DETAILED ACTION
Response to Amendment
Applicant's submission filed on February 27, 2026 has been entered.
Claims 1, and 14-15 are amended.
Claim 3 is cancelled.
Claims 1-2, and 4-15 are pending this application.
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 1-2, 4-12, and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Kitayama et al (US 2019/0377077 A1) in view of Kwon et al (US 2017/0126275 A1).
Regarding Claim 1, Kitayama discloses an electronic device comprising [0079]:
a transmission antenna configured to transmit a transmission wave [0079 element 101];
and a reception antenna configured to receive a reflection wave generated by reflection of the transmission wave [0079],
wherein the electronic device is configured to detect an object based on a transmission signal transmitted as the transmission wave and a reception signal received as the reflection wave, the electronic device further comprising [0079].
Kitayama fails to explicitly teach determine how frequently to transmit the transmission wave in each of the multiple segments at which the transmission wave is transmitted inversely proportional with noise powers in the multiple segments, a controller configured to divide at least one frequency band into multiple segments, determine which of the multiple segments has a lowest noise power, and control the transmission antenna to transmit the transmission wave most frequently in the segment having the lowest noise power among the multiple segments, and control the transmission antenna to transmit the transmission wave less frequently in each of the multiple segments having a noise power higher than the lowest noise power.
Kwon has method for generating a channel statistics dependent frequency hopping pattern that requires low computational complexity (abstract) teach determine how frequently to transmit the transmission wave in each of the multiple segments at which the transmission wave is transmitted inversely proportional with noise powers in the multiple segments [0061 for inverse probabilities are computed and used as signal frequency hopping probabilities],
a controller configured to divide at least one frequency band into multiple segments, determine which of the multiple segments has a lowest noise power [0048 for the chance of using any one of the signal frequencies with negligible probabilities of being compromised is equal to the chance of using any other one of the signal frequencies (using multiple frequencies) with claim 11],
and control the transmission antenna to transmit the transmission wave most frequently in the segment having the lowest noise power among the multiple segments [0057 for location of the single signal tone with probability with 0061],
and control the transmission antenna to transmit the transmission wave less frequently in each of the multiple segments having a noise power higher than the lowest noise power [0061 and claim 11 for chance of using any one of the signal frequencies is inverse of the probability of said any one of the signal frequencies].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the radar interference techniques, as disclosed by Kitayama, further including the transmission signal calculations as taught by Kwon for the purpose to determine the chance of using any one of the signal frequencies (Kwon, 0061).
Regarding Claim 2, Kitayama discloses the controller transmits the transmission wave more frequently in a segment having a lower noise power among the multiple segments [0039, 0080-0081].
Regarding Claim 4, Kitayama discloses the controller transmits the transmission wave less frequently in a segment having a higher noise power among the multiple segments [0069-0072].
Regarding Claim 5, Kitayama discloses the controller transmits the transmission wave least frequently in a segment having a highest noise power among the multiple segments [0069-0072].
Regarding Claim 6, Kitayama discloses a measuring unit configured to measure noise power in the multiple segments at which the transmission wave is received [0065-0067].
Regarding Claim 7, Kitayama discloses the measuring unit is configured to measure noise power in the multiple segments at which the transmission wave is received based on noise power in the multiple segments at which the reflection wave is received [0067-0069].
Regarding Claim 8, Kitayama discloses the measuring unit is configured to measure noise power in the multiple segments at which the transmission wave is received based on an average noise power in the multiple segments of the frequencies at which the reflection wave is received [0065].
Regarding Claim 9, Kitayama discloses the multiple segments at which the transmission wave is transmitted are segments obtained by dividing a specific frequency band [0083-0085].
Regarding Claim 10, Kitayama discloses the multiple segments at which the transmission wave is transmitted are segments belonging to multiple different frequency bands [0083-0085].
Regarding Claim 11, Kitayama discloses the multiple segments at which the transmission wave is transmitted are segments belonging to any of multiple different frequency bands and are obtained by dividing any of the multiple different frequency bands [0083-0085].
Regarding Claim 12, Kitayama discloses the multiple segments at which the transmission wave is transmitted are included in at least any one of a 24 GHz band, a 77 GHz band, a 79 GHz band, and a 140 GHz band [0002].
Regarding Claim 13, Kitayama fails to explicitly teach the controller performs frequency hopping for the transmission wave in the multiple segments.
Kwon has method for generating a channel statistics dependent frequency hopping pattern that requires low computational complexity (abstract) teach the controller performs frequency hopping for the transmission wave in the multiple segments [0038 for simplified graphical example of a frequency hopping and 0061].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the radar interference techniques, as disclosed by Kitayama, further including the transmission signal calculations as taught by Kwon for the purpose to adapt the signal according to the channel statistics influenced by the interference pattern (Kwon, 0038).
Regarding Claim 14, Kitayama discloses a method for controlling an electronic device, the method comprising [0079]:
transmitting a transmission wave using a transmission antenna [0079];
receiving a reflection wave generated by reflection of the transmission wave using a reception antenna [0079];
detecting an object based on a transmission signal transmitted as the transmission wave and a reception signal received as the reflection wave [0079],
Kitayama fails to explicitly teach dividing, by a controller, at least one frequency band into multiple segments; determining, by the controller, which of the multiple segments has a lowest noise power, how frequently to transmit the transmission wave in each of the multiple segments at which the transmission wave is transmitted inversely proportional to noise powers in the multiple segments; and controlling, by the controller, the transmission antenna to transmit the transmission wave most frequently in a segment having the lowest noise power among the multiple segments and to transmit the transmission wave less frequently in each of the multiple segments having a noise power higher than the lowest noise power.
Kwon has method for generating a channel statistics dependent frequency hopping pattern that requires low computational complexity (abstract) teach dividing, by a controller, at least one frequency band into multiple segments [0048 for the chance of using any one of the signal frequencies with negligible probabilities of being compromised is equal to the chance of using any other one of the signal frequencies (using multiple frequencies) with claim 11],
determining, by the controller, which of the multiple segments has a lowest noise power, how frequently to transmit the transmission wave in each of the multiple segments at which the transmission wave is transmitted inversely proportional to noise powers in the multiple segments [0061 for inverse probabilities are computed and used as signal frequency hopping probabilities],
and controlling, by the controller, the transmission antenna to transmit the transmission wave most frequently in a segment having the lowest noise power among the multiple segments [0057 for location of the single signal tone with probability with 0061],
and to transmit the transmission wave less frequently in each of the multiple segments having a noise power higher than the lowest noise power [0061 and claim 11 for chance of using any one of the signal frequencies is inverse of the probability of said any one of the signal frequencies].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the radar interference techniques, as disclosed by Kitayama, further including the transmission signal calculations as taught by Kwon for the purpose to determine the chance of using any one of the signal frequencies (Kwon, 0061).
Regarding Claim 15, Kitayama discloses a non-transitory computer-readable recording medium storing computer program instructions, which when executed by a computer, cause the computer to execute [0079]:
transmit a transmission wave using a transmission antenna [0079];
receive a reflection wave generated by reflection of the transmission wave using a reception antenna [0079];
detect an object based on a transmission signal transmitted as the transmission wave and a reception signal received as the reflection wave [0079],
and determine how frequently to transmit the transmission wave in each of multiple segments of frequencies at which the transmission wave is transmitted inversely proportional with noise powers in the multiple segments of the frequencies [0079-0081]
determine which segment of the multiple segments of frequencies has a lowest noise power [0080-0081].
Kitayama fails to explicitly teach divide at least one frequency band into multiple segments; determine which of the multiple segments has a lowest noise power; determine how frequently to transmit the transmission wave in each of the multiple segments of frequencies at which the transmission wave is transmitted inversely proportional to noise powers in the multiple segments; and control the transmission antenna to transmit the transmission wave most frequently in a segment having the lowest noise power among the multiple segments of the frequencies and to transmit the transmission wave less frequently in each of the multiple segments having a noise power higher than the lowest noise power.
Kwon has method for generating a channel statistics dependent frequency hopping pattern that requires low computational complexity (abstract) teach a divide at least one frequency band into multiple segments [0048, 0061];
determine which of the multiple segments has a lowest noise power [0048 for the chance of using any one of the signal frequencies with negligible probabilities of being compromised is equal to the chance of using any other one of the signal frequencies (using multiple frequencies) with claim 11],
determine how frequently to transmit the transmission wave in each of the multiple segments of frequencies at which the transmission wave is transmitted inversely proportional to noise powers in the multiple segments [0061 for inverse probabilities are computed and used as signal frequency hopping probabilities],
and control the transmission antenna to transmit the transmission wave most frequently in a segment having the lowest noise power among the multiple segments of the frequencies [0057 for location of the single signal tone with probability with 0061],
and to transmit the transmission wave less frequently in each of the multiple segments having a noise power higher than the lowest noise power [0061 and claim 11 for chance of using any one of the signal frequencies is inverse of the probability of said any one of the signal frequencies].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the radar interference techniques, as disclosed by Kitayama, further including the transmission signal calculations as taught by Kwon for the purpose to determine the chance of using any one of the signal frequencies (Kwon, 0061).
Response to Arguments
Applicant’s arguments with respect to claims 1-2, and 4-15 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
In applicant’s arguments page 6, fourth paragraph, the applicant states that the limitation of inversely proportional noise powers is not explicitly taught. The examiner thanks the applicant for the amendments and searched this feature, new reference Kwon is applied to the claims.
In applicant’s arguments page 7, second paragraph, the applicant states that the limitation of transmitting most frequently in the low noise segments and less frequently in the high noise segments is not explicitly taught. The examiner respectfully disagrees: Kwon teaches allowing the transmitter to determine how noise each frequency channel is using a number of times per cycle that is inversely proportional to the noise [Kwon, 0061].
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 SAMARINA MAKHDOOM whose telephone number is (703)756-1044. The examiner can normally be reached Monday – Thursdays from 8:30 to 5:30 pm eastern time.
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 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.
/SAMARINA MAKHDOOM/
Examiner, Art Unit 3648