DETAILED ACTION
Status of Claims
Claims 1-13, 15-17, 20-21, are amended.
Claims 1-21 are pending.
Priority
Applicant’s claim for the benefit of a prior-filed application filed in JP 2022047524 on 03/23/2022 under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
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.
Claims 1-21 are rejected under 35 U.S.C. 103 as being unpatentable over Shouldice (US 20210150873).
Regarding Claim 1, Shouldice teaches the following limitations:
A sensor device that senses at least one object using an FMCW radar, the sensor device comprising at least one processor, wherein: (Shouldice - [0142], [0148] The system, including particularly processing device 100, may receive demodulated signals from a sensor (such as from SONAR, RF/RADAR, or infra-red) [0230] In some cases, the processing device 100 may even adapt its sensing signal to provide at least two modes. One mode may include a general monitoring mode aimed to detect when a person enters the monitored area, different detection schemes (e.g., UWB, CW, FMCW, etc.) may be employed for the presence detection. Once the presence of a person within the monitored are is detected, the system can switch to an enhanced ranging and optionally cardiac sensing, respiration sensing mode etc. (e.g., dual tone FMCW or (A)FHRG). The detected parameters (e.g., cardiac parameters, respiration parameters, gross body motion parameters, etc.) may then be used to identify the person, such as when the person's “signature” parameters are on accessible to the processing device (e.g., recorded data) or another device (e.g., a networked server) working in cooperation with the processing device. Alternatively, the processing device (or cooperating server) may decide that a new person has entered the sensing vicinity if such a signature is not recognized in relation to the recorded data.)
the at least one processor acquires a reception signal based on a reception wave of the FMCW radar and output a processing signal obtained by sensing the at least one object; (Shouldice – [0142], [0148], [0230])
the at least one processor that detects a sound-related signal related to a sound from the at least one object based on the processing signal; and (Shouldice – [0148], [0230], [0057] In this regard, while the sound related sensing technologies of the present disclosure provide for different mechanisms/processes for motion sensing such as using a speaker and microphone and processing of the sound signals, when compared to radar or RF sensing technologies as described in some of these incorporated references, once a breathing signal, such as breathing rate is obtained with the sound sensing/processing methodologies described in this specification) the principles of processing breathing or other motion signals for an extraction of sleep states/stages information may be implemented by the determination methodologies of these incorporated references. For example, once the respiration rate and movement and activity counts are determined from motion whether by RF or SONAR, sleep staging is a common analysis. By way of additional example, the sensing wavelengths may be different between an RF pulsed CW and a SONAR FMCW implementation.)
the at least one processor switches an operation mode of the sensor device between an object detection mode and a sound detection mode based on a result of the at least one processor detecting the sound related signal, (Shouldice – [0057], [0148], [0230])
wherein the object detection mode detects a presence of the at least one object, wherein sound detection mode detects the sound from the at least one object, (Shouldice – [0057], [0230])
wherein in the object detection mode, information included in the processing signal is updated over a period of time to acquire micro-vibration data of the at least one object from the processing signal based on a micro-vibration of the at least one object, and (Shouldice – [0230], [0073] For this ramp of 1,172 Hz, we can consider using, for example, an FFT of size 4096 points, with bin width of 48,000 Hz/4096=11.72. For speed of sound as 340 m/s, we note: 340 ms/s/11.72/2 (for out and back)=14.5 m over 100 bins or 14.5 cm for each bin. Each “bin” can detect up to one person (per bin) for example (but in practice persons would be separated by more than this. A measurement over 100 bins is equivalent to an update every 24 milliseconds. (4096 bins per second/100 bins = 40.96 Hz, T = 1/40.96 Hz ≈ 24.4 ms))
wherein in the sound detection mode, the information included in the processing signal is updated over a period of time to acquire sound data of the at least one object from the processing signal. (Shouldice – [0230], [0058] A suitable range for the sensing audio signal of the present technology may be in a low ultrasonic frequency range such as 15 to 24 kHz, 18 to 24 kHz, 19 to 24 kHz, 15 to 20 kHz, 18 to 20 kHz or 19 to 20 kHz. T = 1/24,000 Hz ≈ 41.67 µs)
Shouldice does not explicitly disclose:
wherein in the object detection mode, information included in the processing signal is updated at least every 1 millisecond and at most every 10 milliseconds; and
wherein in the sound detection mode, the information included in the processing signal is updated at least every 10 microseconds and less than every 100 microseconds;
While Shouldice discloses updating the information included in the processing signal, over a period of time (Shouldice – [0230], [0058]), Shouldice does not explicitly disclose the information is updated at least every 1 millisecond and at most every 10 milliseconds in the detection mode; and is updated at least every 10 microseconds and less than every 100 microseconds in the sound detection mode. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified the time range of Shouldice to occur as claimed because such would have been an obvious matter of design choice in light of the invention already disclosed by Shouldice. Such modification would not have otherwise affected the invention of Shouldice and would have merely represented one of numerous time ranges that the skilled artisan would have found obvious for the purposes already disclosed by Shouldice. Additionally, applicant has not persuasively demonstrated the criticality of the time range of the updating occurring at least every 1 millisecond and at most every 10 milliseconds in the detection mode; and is updated at least every 10 microseconds and less than every 100 microseconds in the sound detection mode set forth by the claimed invention versus the manner in which Shouldice discloses the BRI of updating information, when considering the instant specification indicating in paragraphs [0070]-[0071] that the information can be updated in units of several tens of milliseconds to several hundreds of milliseconds.
Regarding Claim 2, Shouldice further teaches:
the at least one processor specifies an utterance timing of an utterance from the at least one object based on the sound-related signal, and (Shouldice – [0057], [0148], [0230])
the at least one processor switches from the object detection mode to the sound detection mode based on the utterance timing. (Shouldice - [0057], [0148], [0230])
Regarding Claim 3, Shouldice further teaches:
wherein the at least one processor extracts phase data of the micro-vibration of the at least one object according to location coordinates of the at least one object, and the location coordinates of the at least one object are based on the detected presence of the at least one object. (Shouldice – [0148], [0230], [0076] FIG. 5 illustrates an example of “self-mixing” demodulation of a dual tone FMCW ramp by multiplying the signal by itself (squaring). Optionally, demodulation may be carried out by multiplying the received echo signal with a signal representative of the generated transmit signal (e.g., a signal from an oscillator) to produce a signal reflecting distance or motion in the range of the speaker or processing device 100. The processing produces a “beat frequency” signal which is sometimes referred to as an “intermediate” frequency (IF) signal. [0142] Some systems may include single pulse Doppler RADAR modules for simple interior movement detection for security. Both concepts seem to map to the limitation.)
Regarding Claim 4, Shouldice further teaches:
wherein the at least one processor outputs position information related to a position of the at least one object as at least part of the processing signal; the position information comprises the location coordinates of the at least one object; and (Shouldice – [0148], [0230])
the at least one processor detects the sound-related signal from the at least one object based on the position information. (Shouldice - [0057], [0148], [0230])
Regarding Claim 5, Shouldice further teaches:
wherein the at least one processor acquires the micro-vibration data based on the phase data; (Shouldice – [0076], [0148], [0142], [0230])
the at least one processor outputs, as the processing signal, micro-vibration data, and (Shouldice - [0148], [0230])
the at least one processor detects the sound-related signal from the at least one object on a basis of the micro-vibration data. (Shouldice - [0057], [0148], [0230])
Regarding Claim 6, Shouldice further teaches:
wherein the at least one processor specifies an utterance position of the sound from the at least one object based on the sound-related signal, and (Shouldice - [0057], [0230])
the at least one processor performs frequency analysis on the phase data corresponding to the utterance position. (Shouldice – [0076], [0142], [0148], [0230])
Regarding Claim 7, Shouldice further teaches:
the at least one processor outputs the sound data based on the phase data extracted in the sound detection mode. (Shouldice – [0057], [0076], [0142], [0148], [0230])
Regarding Claim 8, Shouldice further teaches:
wherein the object detection mode includes: a first mode that detects a position, a velocity, an angle, a shape, a posture, and a quantity of the at least one object; and (Shouldice – [Abstract], [0076], [0142], [0230])
a second mode that detects the micro-vibration of the at least one object. (Shouldice – [0230])
Regarding Claim 9, Shouldice further teaches:
wherein the at least one processor: performs frequency analysis on the phase data to obtain the micro-vibration data; and (Shouldice – [0076], [0142], [0148], [0230])
performs frequency analysis on the phase data to obtain the sound data. (Shouldice – [0057], [0076], [0142], [0148], [0230])
Regarding Claim 10, Shouldice further teaches:
the at least one processor performs the frequency analysis on the phase data to obtain the micro-vibration data in the object detection mode, and (Shouldice – [0148], [0230])
the at least one processor performs the frequency analysis on the phase data to obtain the sound data in the sound detection mode. (Shouldice - [0057], [0148], [0230])
Regarding Claim 11, Shouldice further teaches:
wherein the at least one processor: switches from the object detection mode to the sound detection mode in response to detecting the sound-related signal from the at least one object, and (Shouldice – [0057], [0148], [0230])
switches from the sound detection mode to the object detection mode in response to not detecting the sound-related signal from the at least one object. (Shouldice – [0057], [0148], [0230])
Regarding Claim 12, Shouldice further teaches:
wherein: the sensor device operates in the object detection mode during a predetermined first period and (Shouldice – [0230])
operates in the sound detection mode during a predetermined second period, and (Shouldice – [0057], [0230])
the at least one processor controls the operation mode such that the second period is longer than the first period. (Shouldice – [0148], [0230] This is true when a detection is present for both claim one and Shouldice – [0230].)
Regarding Claim 13, Shouldice further teaches:
wherein: the at least one objects is a plurality of objects, and the at least one processor detects the plurality of objects by identifying a plurality of peaks of a power conversion spectrum of the reception signal. (Shouldice – [0148], [0230], [0025] The method may further include evaluating, in the processor, motion characteristics of different acoustic sensing ranges to monitor sleep characteristics of a plurality of users. [0167] Peaks in the differentiated signal relating to max rate of change may then be detected to provide an indication of breath event. [0169] Frequency domain methods can also be applied, for example to the respiratory data. These methods can include using a detected peak in a band of an FFT (which may be windowed to combat spectral leakage) using a block of data that may be overlapped (e.g., a block of 30s of data of a data stream that is repeatedly shifted by for example, one second) or non-overlapped (e.g., the data stream is considered to be non-overlapping in thirty second chunks).)
Regarding Claim 14, Shouldice further teaches:
wherein the at least one object is a living body. (Shouldice – [0230])
Regarding Claim 15, Shouldice further teaches:
A system comprising: the FMCW radar transmits and receives an FMCW radar signal; and the sensor device according to claim 1. (Shouldice – [0142], [0148])
Regarding Claim 16, Shouldice further teaches:
wherein the at least one processor switches an operation frequency of the system according to the operation mode of the sensor device. (Shouldice – [0142], [0148], [0230] UWB (monitoring mode) and dual tone FMCW)
Regarding Claim 17, Shouldice further teaches:
wherein the at least one processor controls a modulation frequency of a chirp of the FMCW radar to be higher than a modulation frequency in the object detection mode when the operation mode is switched to the sound detection mode. (Shouldice – [0057], [0142], [0148], [0230])
Regarding Claim 18, Shouldice further teaches:
A sound detection method using an FMCW radar, the sound detection method comprising: (Shouldice – [0057], [0142], [0230])
acquiring a reception signal based on a reception wave of the FMCW radar and outputting a processing signal obtained by sensing at least one object; (Shouldice – [0057], [0142], [0230])
detecting a sound-related signal related to a sound from the at least one object based on the processing signal; and (Shouldice – [0057], [0142], [0230])
switching an operation mode of a sensor device between an object detection mode and a sound detection mode based on a detection result of the detecting the sound-related signal, (Shouldice – [0057], [0142], [0230])
wherein the object detection mode detects a presence of the at least one object, wherein sound detection mode detects the sound from the at least one object, (Shouldice – [0057], [0230])
wherein in the object detection mode, information included in the processing signal is updated over a period of time to acquire micro-vibration data of the at least one object from the processing signal based on a micro-vibration of the at least one object, and (Shouldice – [0073], [0230] Shouldice does not explicitly teach the claimed update timings.)
wherein in the sound detection mode, the information included in the processing signal is updated over a period of time to acquire sound data of the at least one object from the processing signal. (Shouldice – [0058], [0230] Shouldice does not explicitly teach the claimed update timings.)
Shouldice does not explicitly disclose:
wherein in the object detection mode, information included in the processing signal is updated at least every 1 millisecond and at most every 10 milliseconds; and
wherein in the sound detection mode, the information included in the processing signal is updated at least every 10 microseconds and less than every 100 microseconds;
While Shouldice discloses updating the information included in the processing signal, over a period of time (Shouldice – [0230], [0058]), Shouldice does not explicitly disclose the information is updated at least every 1 millisecond and at most every 10 milliseconds in the detection mode; and is updated at least every 10 microseconds and less than every 100 microseconds in the sound detection mode. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified the time range of Shouldice to occur as claimed because such would have been an obvious matter of design choice in light of the invention already disclosed by Shouldice. Such modification would not have otherwise affected the invention of Shouldice and would have merely represented one of numerous time ranges that the skilled artisan would have found obvious for the purposes already disclosed by Shouldice. Additionally, applicant has not persuasively demonstrated the criticality of the time range of the updating occurring at least every 1 millisecond and at most every 10 milliseconds in the detection mode; and is updated at least every 10 microseconds and less than every 100 microseconds in the sound detection mode set forth by the claimed invention versus the manner in which Shouldice discloses the BRI of updating information, when considering the instant specification indicating in paragraphs [0070]-[0071] that the information can be updated in units of several tens of milliseconds to several hundreds of milliseconds.
Regarding Claim 19, Shouldice further teaches:
wherein: the outputting the processing signal obtained by the sensing the object includes: outputting position information related to a position of the at least one object based on the reception signal; (Shouldice – [0142], [0230])
extracting phase data based on the position information; and (Shouldice – [0076], [0142], [0230])
outputting the micro-vibration data related to the micro-vibration of the at least one object based on the phase data, and (Shouldice – [0076], [0142], [0230])
the detecting the sound-related signal includes: detecting the sound-related signal from the at least one object based on at least one of the position information and/or the micro-vibration data. (Shouldice – [Abstract], [0057], [0142], [0230])
Regarding Claim 20, Shouldice teaches the following limitations:
A radar device that senses at least one object using an FMCW radar, the radar device comprising at least one processor, wherein: (Shouldice – [0142], [0148], [0230])
the FMCW radar transmits a transmission wave; (Shouldice – [0142], [0148], [0230])
the FMCW radar receives a reception wave reflected from the at least one object; (Shouldice – [0142], [0148], [0230])
the at least one processor acquires a reception signal based on the reception wave and outputs a processing signal obtained by sensing the at least one object; (Shouldice – [0142], [0148], [0230])
the at least one processor detects a sound-related signal related to a sound from the at least one object based on the processing signal; (Shouldice – [0057], [0142], [0148], [0230])
the at least one processor switches operation modes of the sensor device and the FMCW radar between an object detection mode and a sound detection mode based on a detection result of the at least one processor detecting the sound related signal; (Shouldice – [0057], [0142], [0148], [0230])
the object detection mode detects a presence of the at least one object, sound detection mode detects the sound from the at least one object, (Shouldice – [0057], [0230])
in the object detection mode, information included in the processing signal is updated over a period of time to acquire micro-vibration data of the at least one object from the processing signal based on a micro-vibration of the at least one object; and (Shouldice – [0073], [0148], [0230] Shouldice does not explicitly teach the claimed update timings.)
in the sound detection mode, the information included in the processing signal is updated over a period of time to acquire sound data of the at least one object from the processing signal. (Shouldice – [0058], [0148], [0230] Shouldice does not explicitly teach the claimed update timings.)
Shouldice does not explicitly disclose:
wherein in the object detection mode, information included in the processing signal is updated at least every 1 millisecond and at most every 10 milliseconds; and
wherein in the sound detection mode, the information included in the processing signal is updated at least every 10 microseconds and less than every 100 microseconds;
While Shouldice discloses updating the information included in the processing signal, over a period of time (Shouldice – [0230], [0058]), Shouldice does not explicitly disclose the information is updated at least every 1 millisecond and at most every 10 milliseconds in the detection mode; and is updated at least every 10 microseconds and less than every 100 microseconds in the sound detection mode. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified the time range of Shouldice to occur as claimed because such would have been an obvious matter of design choice in light of the invention already disclosed by Shouldice. Such modification would not have otherwise affected the invention of Shouldice and would have merely represented one of numerous time ranges that the skilled artisan would have found obvious for the purposes already disclosed by Shouldice. Additionally, applicant has not persuasively demonstrated the criticality of the time range of the updating occurring at least every 1 millisecond and at most every 10 milliseconds in the detection mode; and is updated at least every 10 microseconds and less than every 100 microseconds in the sound detection mode set forth by the claimed invention versus the manner in which Shouldice discloses the BRI of updating information, when considering the instant specification indicating in paragraphs [0070]-[0071] that the information can be updated in units of several tens of milliseconds to several hundreds of milliseconds.
Regarding Claim 21, Shouldice teaches the following limitations:
A sensor device that senses at least one object using an FMCW radar and outputs a chirp signal, the sensor device comprising at least one processor, wherein: (Shouldice - [0142], [0148], [0230])
the at least one processor acquires a reception signal based on a reception wave of the FMCW radar and output a processing signal obtained by sensing the at least one object; (Shouldice – [0142], [0148], [0230])
the at least one processor acquires a sound-related signal related to a sound from the at least one object by processing the processing signal; (Shouldice – [0057], [0142], [0148], [0230])
the at least one processor switches an operation mode of the sensor device between an object detection mode and a sound detection mode based on a detection result of the at least one processor detecting the sound-related signal; (Shouldice – [0057], [0142], [0148], [0230])
the object detection mode detects a presence of the at least one object; sound detection mode detects the sound from the at least one object; (Shouldice – [0057], [0230])
the sensor device modulates over a period of time in the object detection mode; and the sensor device modulates over a period of time in the sound detection mode. (Shouldice – [0058], [0073], [0230] Shouldice does not explicitly teach the claimed cycle timings.)
Shouldice does not explicitly disclose:
wherein in the sensor device modulates a frequency of the chirp signal of the FMCW radar at a cycle time of at least every 100 microseconds and no more than 1000 microseconds in the object detection mode; and
wherein the sensor device modulates a frequency of the chirp signal of the FMCW radar at a cycle time of at least 1 microsecond and no more than 10 microseconds in the sound detection mode;
While Shouldice discloses updating the information included in the processing signal, over a period of time (Shouldice – [0230], [0058]), Shouldice does not explicitly disclose the sensor device modulates a frequency of the chirp signal of the FMCW radar at a cycle time of at least every 100 microseconds and no more than 1000 microseconds in the object detection mode; and wherein the sensor device modulates a frequency of the chirp signal of the FMCW radar at a cycle time of at least 1 microsecond and no more than 10 microseconds in the sound detection mode. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified the time range of Shouldice to occur as claimed because such would have been an obvious matter of design choice in light of the invention already disclosed by Shouldice. Such modification would not have otherwise affected the invention of Shouldice and would have merely represented one of numerous time ranges that the skilled artisan would have found obvious for the purposes already disclosed by Shouldice. Additionally, applicant has not persuasively demonstrated the criticality of the time range of the updating occurring at least every 100 microseconds and no more than 1000 microseconds in the object detection mode; and is updated at a cycle time of at least 1 microsecond and no more than 10 microseconds in the sound detection mode set forth by the claimed invention versus the manner in which Shouldice discloses the BRI of updating information, when considering the instant specification indicating in paragraphs [0070]-[0071] that the information can be updated in units of several tens of milliseconds to several hundreds of milliseconds.
Response to Arguments
Applicant’s arguments, see Page 11-13, filed 06/02/2026, with respect to invoking 35 U.S.C. § 112(f) and the rejections under 35 U.S.C. § 112(a) and 35 U.S.C. § 112(b) have been fully considered and are persuasive. The amended claims no longer invoke 35 U.S.C. § 112(f) and the rejections under 35 U.S.C. § 112(a) and 35 U.S.C. § 112(b) have been withdrawn accordingly.
Applicant’s arguments, see Pages 13-16, filed 06/02/2026, with respect to the rejection under 35 U.S.C. § 103 have been fully considered and are not persuasive. Applicant argues “The Non-Final Office Action effectively admits that there is no disclosure, teaching, or suggestion of the claimed ranges in the only cited prior art reference of Shouldice, which is a fundamental requirement for establishing a prima facie case of obviousness under 35 U.S.C. 103”. This is incorrect, the examiner has cited Shouldice [0057-0058] and [0073] to suggest that sound and object detection require different and known frequencies for detection that can be mapped by PHOSITA when considering the instant specification [0070-0071]. The examiner refers to instant specification [0070-0071] only to demonstrate that the rate is only justified its ability to detect and no further demonstration of criticality was found in the instant specification (the Office action has been edited for clarification). Applicant’s traversal for not demonstrating the criticality of the time ranges only states obvious and known relations of memory and updating rate and associated issues that are not supported by the instant specification.
Applicant’s arguments, see Pages 16-17, filed 06/02/2026, with respect to the rejection under 35 U.S.C. § 102 seem to be in error, claim 21 is rejected under 35 U.S.C. § 103.
Applicant's remaining arguments amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims is understandable and distinguishable from other inventions.
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 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 BRANDON JAMES HENSON whose telephone number is (703)756-1841. The examiner can normally be reached Monday-Friday 9:00 am - 5:00 pm.
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, Resha H. Desai can be reached at (571) 270-7792. 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.
/BRANDON JAMES HENSON/Examiner, Art Unit 3648
/BERNARR E GREGORY/Primary Examiner, Art Unit 3648
Prosecution Insights