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
The Amendment filed 07/28/2025 has been entered. Claims 1-20 are pending in the application.
Applicant’s amendment overcomes the double patenting rejection set forth in the previous Office Action.
Applicant’s amendment overcomes the objection to the Specification and claim objections from the previously filed Office Action.
Applicant’s amendment overcomes the 35 U.S.C. 112(b) rejection from the previously filed Office Action.
Response to Arguments
Applicant’s arguments with respect to amendments to independent claim(s) 1 are moot based on the new grounds of rejection.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier.
Such claim limitation(s) is/are:
“gain control unit” in claim 1.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over KIM et al. (US 20120235857 A1), hereinafter Kim, in view of Pavek et al. (US 9739881 B1), hereinafter Pavek.
Regarding claim 1, KIM discloses [Note: what Kim fails to clearly disclose is strike-through]
A system (see system of Fig. 2), comprising:
an array radar system comprising a transmitter and a receiver (see Fig. 2 depicting a radar apparatus (i.e. a radar system) with transmitter 220 and receiver 240, further see paragraph 0033, “The radar apparatus may be configured to include: an antenna unit 210 including the at least one transmitting array antenna 211 and the at least one receiving array antenna 212;”); and
a gain control unit for dynamic gain adjustment (see paragraph 0019, “The at least two power amplifiers may be a variable gain amplifier.”, further see paragraph 0041, “Next, a drive amplifier 224 amplifies and outputs the output signal of the frequency multiplier 223. The driver 225 provides the output signal of the frequency multiplier 223 to a driving power amplifier 226 and also provides the output signal to the driver amplifier 227. Further, the power amplifier 226 amplifies the output signal of the driver 225 and outputs the transmitting array antenna 211 of the antenna unit 210. In this case, at least two power amplifiers 226 may be applied as illustrated in FIG. 2. In particular, the two power amplifiers (226) each has different amplification factor, which is to make the transmission power for the short range chirp signal and the long range transmitting chirp signal different as described below. Further, as illustrated in FIG. 2, the power amplifier 226 may be a variable gain amplifier that can vary and control the amplification factor.”), wherein the array radar system is operable to:
define a plurality of ranges that comprise at least a near range and a far range (paragraph 0035, “The power amplifiers 226 may be designed such that the transmitting power can be varied into two-stage or more in order to easily control the detection range on the long range mode and the short range mode.”, further see Fig. 4 which depicts the radar apparatus of Fig. 2 in operation where the SRR (short range mode) is 0-60 meters and the LRR (long range mode) is 0-200 meters);
transmit, via the transmitter, (see Fig. 3 which depicts repeated transmission of chirp signals during multiple time intervals, where the transmission is done via the transmitter 220, further see paragraph 0042, “As a result, as illustrated in FIG. 3, the plurality of short range transmitting chirp signals and the plurality of long range transmitting chirp signals are generated by the transmitter 220 via the processes.”);
select, by the gain control unit, a transmit power for transmission based on a range of the plurality of ranges (see Fig. 3, where the transmit power is increased for the transmission during the LRR time interval and decreased for the transmission during the SRR time interval, further see paragraph 0042, “In addition, the short range transmitting chirp signal is amplified by the amplifier having the relatively lower amplification factor among the two power amplifiers 226 as illustrated in FIG. 2 and the long range transmitting chirp signal is amplified by the amplifier having the relatively higher amplification factor among the two power amplifiers 226, such that they may have the transmission output as illustrated in FIG. 3.”);
receive, in the receiver, a reflection of the(see Fig. 4, where the receiver receives the reflections of the signals transmitted during the LRR and SRR modes, further see paragraph 0043, “FIG. 4 is a conceptual diagram for describing signals radiated and reflected and received from the radar apparatus in accordance with the embodiment of the present invention. As illustrated in FIG. 4, the short range transmitting chirp signals are radiated to have the wide field of view with respect to the relatively shorter distance range and the long range transmitting chirp signals are radiated to have the narrow field of view with respect to the relatively longer distance range and then, received through the receiving array antenna 212.”); and
process the reflection of the(see Fig. 4 depicting the radar in operation in both short range and long range mode, further see paragraph 0048, “The signal processing processor 231 receives signals from the receiving array antenna 212 that is the phase array antenna and receives the signals provided via the plurality of receiving units of the receiver 240 and performs the signal processing thereon, thereby performing a work such as a location detection (an azimuth angle detection of an object), and the like.”).
Pavek discloses,
wherein the array radar system (see Fig. 1, radar system 110 is an array radar system) is operable to:
operate in a millimeter-wave frequency band (Col. 9, line 59-Col. 10, line 2, “While both the 24+ GHz and 77+ GHz bands are available for automotive RF imaging sensor use, the shorter wavelength associated with the 77 GHz band is preferable for several reasons: one, lower cost associated with commercial mmW transmitter and receiver MIMICs available at 77 GHz; two, the smaller wavelength requires smaller aperture cross-section area for the same beamwidth; three, a 3× increase in Doppler sensitivity at 77 GHz; and four, higher ERP allowed at 77 GHz.”, further see Col. 16, lines 54-59, “If the N.sub.TN.sub.R time multiplexing completes in the period of a nominal radar pulse of approximately 20-50 micro-seconds, the relative radial velocity components in automotive applications are slow, resulting in only a degree or two of carrier phase change in the 77-80 GHz band.”);
It would have been obvious to someone with ordinary skill in the art prior to the
effective filing date of the claimed invention to incorporate the features as disclosed by Pavek into the invention of KIM. Both references are considered analogous arts to the claimed invention as they both disclose an array radar system on a vehicle for object detection. KIM discloses the feature of vehicle radar sensors typically using the 77 GHz band (i.e. a millimeter wave band). Therefore, it is clear from the prior art that a millimeter wave band would be a useful band to operate the radar system with. Pavek is being used to disclose the its radar system operates on the millimeter wave band (i.e. 77Ghz) and the motivation to do so. The combination of KIM and Pavek would be obvious with a reasonable expectation of success in order to improve costs and doppler sensitivities for the radar system (see Col. 9, line 59-Col. 10, line 2 of Pavek).
Regarding claim 2, KIM further discloses
The system of claim 1, wherein the reflection of the millimeter-wave signal is subsequently used to generate a representation of a scene (see paragraph 0039, “Describing this in detail, the signal processing processor 231 included in the signal processing unit 230 first generates control signals for generating the plurality of short range transmitting chirp signals and the plurality of long range transmitting chirp signals and transmits the generated control signals to the transmitter 220. In the embodiment of the present invention, as the modulation scheme, the at least one frequency modulated continuous-wave (FMCW) modulation scheme may be adopted for detecting the multi targets.”, where target detections is “a representation of a scene” under its broadest reasonable interpretation, Furthermore, the SRR mode and the LRR mode are each used to “generate a representation of a scene”).
Regarding claim 3, the combination of KIM and Pavek discloses [Note: what KIM fails to clearly disclose is strike-through]
The system of claim 2,
Pavek discloses,
wherein the representation of the scene includes a four- dimensional representation of the scene (Col. 11, lines 29-41, “As described above, coordinated radar processor 120 fuses ranges, azimuthal angle, and elevation angle from both first linear array 112 and second linear array 114 to form 3D voxels and extract the 3D velocity vector for each target detection. The acquired data from multiple target detections (i.e., a plurality of 3D voxels and associated velocities) is then used by 4D scene imaging unit 130 to provide object detection and/or scene imaging to a driver and/or autonomous vehicle systems. The association method used by coordinated radar processor 120 to correctly form 3D data from 2D azimuth and elevation data received from first linear array 112 and second linear array 114 is described more fully further below.”).
It would have been obvious to someone with ordinary skill in the art prior to the
effective filing date of the claimed invention to incorporate the features as disclosed by Pavek into the invention of KIM. Both references are considered analogous arts to the claimed invention as they both disclose an array radar system on a vehicle for object detection. The combination of KIM and Pavek would be obvious with a reasonable expectation of success in order to improve data resolution for accurate scene detection (see Col. 12, lines 32-44 of Pavek).
Regarding claim 4, the combination of KIM and Pavek discloses [Note: what KIM fails to clearly disclose is strike-through]
The system of claim 3,
Pavek discloses,
wherein dimensions of the four-dimensional representation of the scene include at least one of a velocity, a distance, or a direction (Col. 11, lines 29-41, “As described above, coordinated radar processor 120 fuses ranges, azimuthal angle, and elevation angle from both first linear array 112 and second linear array 114 to form 3D voxels and extract the 3D velocity vector for each target detection. The acquired data from multiple target detections (i.e., a plurality of 3D voxels and associated velocities) is then used by 4D scene imaging unit 130 to provide object detection and/or scene imaging to a driver and/or autonomous vehicle systems. The association method used by coordinated radar processor 120 to correctly form 3D data from 2D azimuth and elevation data received from first linear array 112 and second linear array 114 is described more fully further below.”).
It would have been obvious to someone with ordinary skill in the art prior to the
effective filing date of the claimed invention to incorporate the features as disclosed by Pavek into the invention of KIM. Both references are considered analogous arts to the claimed invention as they both disclose an array radar system on a vehicle for object detection. The combination of KIM and Pavek would be obvious with a reasonable expectation of success in order to improve data resolution for accurate scene detection (see Col. 12, lines 32-44 of Pavek).
Regarding claim 5, the combination of KIM and Pavek discloses [Note: what KIM fails to clearly disclose is strike-through]
The system of claim 3,
Pavek discloses,
wherein the four-dimensional representation of the scene includes a voxel grid (see Col. 10, lines 49-62, “Conventional 2D electronically steered arrays (ESAs) have the capacity to form multiple simultaneous beams on transmission and reception. With simultaneous beams on receive, ESAs have the capacity, on a single look, to form a 3D image comprised of 3D voxels. A voxel is a unit of information representing a single 3D data point. In the present embodiments, voxels represent a 3D detection associated with a unique range, azimuthal angle alpha, and elevation angle phi of the steered received beam. An image can be generated from the detections in a perspective convenient for image processing. In other embodiments, voxels can be represented using units in other coordinate systems, depending on the intended environment for an autonomous vehicle.”, further see Col. 11, lines 29-41, “As described above, coordinated radar processor 120 fuses ranges, azimuthal angle, and elevation angle from both first linear array 112 and second linear array 114 to form 3D voxels and extract the 3D velocity vector for each target detection. The acquired data from multiple target detections (i.e., a plurality of 3D voxels and associated velocities) is then used by 4D scene imaging unit 130 to provide object detection and/or scene imaging to a driver and/or autonomous vehicle systems. The association method used by coordinated radar processor 120 to correctly form 3D data from 2D azimuth and elevation data received from first linear array 112 and second linear array 114 is described more fully further below.”, further see for support Col. 7, lines 4-17, where the voxel in a coordinate space is a “voxel grid”).
It would have been obvious to someone with ordinary skill in the art prior to the
effective filing date of the claimed invention to incorporate the features as disclosed by Pavek into the invention of KIM. Both references are considered analogous arts to the claimed invention as they both disclose an array radar system on a vehicle for object detection. The combination of KIM and Pavek would be obvious with a reasonable expectation of success in order to improve data resolution for accurate scene detection (see Col. 12, lines 32-44 of Pavek).
Regarding claim 6, KIM further discloses
The system of claim 1, wherein the millimeter-wave signal is to be transmitted in a particular direction using beamforming (see Fig. 1, further see paragraph 0007, “FIG. 1 illustrates an example of a configuration of a radar apparatus in accordance with the related art; The radar apparatus in accordance with the related art illustrated in FIG. 1 adopts a structure in which a transmitter 103 can perform beamforming and time division and a receiver 107 can receive nine channel data to reduce the number of antennas 104 and 105, thereby implementing miniaturization”, where Fig. 1 depicts the signal being transmitted in “a particular direction” using beamforming).
Regarding claim 7, KIM further discloses
The system of claim 6, wherein the transmitter is configured to transmit a second millimeter-wave signal in a second direction using beamforming (see paragraph 0043, “Next, the generated plurality of short range transmitting chirp signals and plurality of long range transmitting chirp signals are radiated to objects through the transmitting array antenna 211. The short range transmitting chirp signals needs to be radiated to have the wider field of view with respect to the relatively shorter distance range and the long range transmitting chirp signals needs to be radiated to have the narrower field of view with respect to the relatively longer distance range. To this end, one of the transmitting array antennas 211 may be designed to widen the field of view of the antenna that means the detectable angle range and the other one thereof may be designed to narrow the field of view of the antenna. In addition, in accordance with the embodiment, the field of view may also be controlled by controlling the number of turned-on antennas among the transmitting array antennas 211.”, where changing the field of view of the radar system by beamforming is changing the direction of the transmitted signal (i.e. a second direction using beamforming)).
Regarding claim 8, KIM further discloses
The system of claim 6, wherein the beamforming comprises at least one of time- domain beamforming or frequency-domain beamforming (see paragraph 0007, “FIG. 1 illustrates an example of a configuration of a radar apparatus in accordance with the related art; The radar apparatus in accordance with the related art illustrated in FIG. 1 adopts a structure in which a transmitter 103 can perform beamforming and time division and a receiver 107 can receive nine channel data to reduce the number of antennas 104 and 105, thereby implementing miniaturization.”, where “beamforming and time division” is tantamount to “time-domain beamforming”, further see for support paragraphs 0014 and 0044).
Regarding claim 9, KIM further discloses
The system of claim 1, wherein the array radar system is configured to sweep through a range of sweep configurations to transmit a plurality of millimeter-wave signals and receive corresponding reflections of the plurality of millimeter-wave signals (see paragraph 0038, “In order for a single apparatus or system to simultaneously use a long range radar (LRR) operation and a short range radar (SRR) operation, the radar apparatus in accordance with the embodiment of the present invention has the following configuration. That is, the radar apparatus in accordance with the embodiment of the present invention include a structural feature such as i) a new frequency modulated continuous-wave (FMCW) modulation scheme, ii) a control of transmission power for controlling a detection range, and iii) a combination of an antenna for controlling a field of view and a power amplifier, and the like”, where changing the transmission power and field of view of the signals is “sweep through a range of sweep configurations” using the transmit signals, further see paragraph 0043), the reflections of the plurality of millimeter-wave signals to be used to generate a plurality of scene representations (see paragraph 0039, “First, the radar apparatus in accordance with the embodiment of the present invention generates the plurality of short range transmitting chirp signals and the plurality of long range transmitting chirp signals by the FMCW modulation scheme and transmits the generated chirp signals to an object (not illustrated) through at least one transmitting array antenna 211. Describing this in detail, the signal processing processor 231 included in the signal processing unit 230 first generates control signals for generating the plurality of short range transmitting chirp signals and the plurality of long range transmitting chirp signals and transmits the generated control signals to the transmitter 220. In the embodiment of the present invention, as the modulation scheme, the at least one frequency modulated continuous-wave (FMCW) modulation scheme may be adopted for detecting the multi targets.”, where generating the LRR and SRR target data is “to generate a plurality of scene representations”).
Regarding claim 10, KIM further discloses
The system of claim 9, wherein the plurality of scene representations are to be combined to generate a representation of a scene (see paragraphs 0031-0032, “a radar apparatus simultaneously supporting short range and long range radar operations”, further see paragraph 0044, “As described above, the embodiment of the present invention generates the transmitting signal using the FMCW modulation scheme but generates the plurality of short range transmitting chirp signals and the plurality of long range transmitting chirp signals having different slopes of frequency with respect to time and makes the transmission power for the long range transmitting chirp signals larger than that for the short range transmitting chirp signals, such that the single radar apparatus can implement both of the short range radar operation and the long range radar operation. The radar apparatus according to the embodiment of the present invention may have a long detection range and a narrow detection angle and have good resolution for the detection angle at the time of sensing the long range and have a short detection range and a wide detection angle and have excellent resolution for the detection range.”, where the simultaneous operation of the LRR and SRR mode for objection detection is tantamount to “the plurality of scene representations are to be combined to generate a representation of a scene”).
Regarding claim 11, the same cited section and rationale as claim 1 is applied.
Regarding claim 12, the same cited section and rationale as claim 2 is applied.
Regarding claim 13, the same cited section and rationale as claim 3 is applied.
Regarding claim 14, the same cited section and rationale as claim 4 is applied.
Regarding claim 15, the same cited section and rationale as claim 5 is applied.
Regarding claim 16, the same cited section and rationale as claim 6 is applied.
Regarding claim 17, the same cited section and rationale as claim 7 is applied.
Regarding claim 18, the same cited section and rationale as claim 8 is applied.
Regarding claim 19, the same cited section and rationale as claim 9 is applied.
Regarding claim 20, the same cited section and rationale as claim 10 is applied.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, 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 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 NAZRA N. WAHEED whose telephone number is (571)272-6713. The examiner can normally be reached M-F (8 AM - 4:30 PM).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Vladimir Magloire can be reached at (571)270-5144. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NAZRA NUR WAHEED/Examiner, Art Unit 3648
/DAVID R DUNN/Supervisory Patent Examiner, Art Unit 3636