DETAILED ACTION
Status of Claims
Claims 1-21, are amended.
Claims 1-21 are pending.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 01/08/2026 has been entered.
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 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:
“a sound detection unit that detects a sound-related signal…;” in claims 1, 20, and 21
“a mode control unit that switches an operation mode…;” in claims 1, 20, and 21
“the sound detection unit includes a timing specifying unit that specifies an utterance timing…;” in claim 2
“the mode control unit switches…;” in claim 2
“a phase conversion unit that extracts…;” in claim 3
“the sound detection unit detects…” in claim 4
“the sound detection unit detects…” in claim 5
“a micro-vibration identification unit that acquires…; outputs…;” in claim 5
“the sound detection unit includes a position specifying unit that specifies…” in claim 6
“the micro-vibration identification unit that performs frequency analysis…;” in claim 6
“a sound data output unit that outputs…;” in claim 7
“a first frequency analysis unit that performs…; in claim 9
“a second frequency analysis unit that performs…; in claim 9
“the mode control unit switches from…, and switches from…;” in claim 11
“the mode control unit controls…;” in claim 12
“the mode control unit switches from…;” in claim 16
“the mode control unit controls…;” in claim 17
“a transmission unit that transmits…” in claims 15 and 20
“a reception unit that receives…” in claims 15 and 20
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 § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-17 and 20-21 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 1, 20, and 21 recite “a sound detection unit” and “a mode control unit,” which are used to perform the functions noted in the Claim Interpretation section above, and invokes 112(f). However, the corresponding structure required to perform the functions above is not described in the specification. Applicant’s specification is silent to any structure/hardware, such as a microprocessor, required to implement the claimed functions of the sound detection unit and the mode control unit. Therefore, the specification fails to comply with the written description requirement.
Claims 2-17, which depend from claim 1, inherit the deficiencies noted for claim 1.
Dependent claims 2, 4-6, 11, 12, 16, and 17, which depend from claim 1, recite further functions performed by the “sound detection unit” and/or the “mode control unit,” which are noted in the Claim Interpretation section above. Applicant’s specification is silent to any structure/hardware, such as a microprocessor, required to implement the claimed functions of the sound detection unit and the mode control unit. Therefore, the specification fails to comply with the written description requirement.
Claims 15 and 20 recite “a transmission unit” and “a reception unit,” which are used to perform the functions noted in the Claim Interpretation section above, and invokes 112(f). However, the corresponding structure required to perform the functions above is not described in the specification. Applicant’s specification is silent to any structure/hardware, such as a microprocessor, required to implement the claimed functions of the sound detection unit and the mode control unit. Therefore, the specification fails to comply with the written description requirement.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-17 and 20-21 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 1, 20, and 21 recite “a sound detection unit” and “a mode control unit,” which are used to perform the functions noted in the Claim Interpretation section above; claims 2, 4-6, 11, 12, 16, and 17, which depend from claim 1, recite further functions performed by the “sound detection unit” and/or the “mode control unit,” noted in the Claim Interpretation section above; and claims 15 and 20 recite “a transmission unit” and “a reception unit,” which are used to perform the functions noted in the Claim Interpretation section above, and invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The disclosure does not provide any corresponding structure/algorithm in order to implement the claimed functions performed by the “units” listed above. It is noted the term “unit” is considered to be a nonce term. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
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 1-20 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: (Shouldice - [0142], [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.)
a signal processing unit that acquire 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], [0230], [0148] The system, including particularly processing device 100, may receive demodulated signals from a sensor (such as from SONAR, RF/RADAR, or infra-red))
a sound detection unit that detects a sound-related signal related to a sound from the at least one object based on the processing signal; and (Shouldice – [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.)
a mode control unit that 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 sound detection unit, (Shouldice – [0057], [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 updating information, due to the 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:
wherein the sound detection unit includes a timing specifying unit that specifies an utterance timing of utterance from the at least one object based on the sound-related signal, and (Shouldice – [0057], [0230])
the mode control unit is switches the at least one object detection mode to the sound detection mode based on the utterance timing. (Shouldice - [0057], [0230])
Regarding Claim 3, Shouldice further teaches:
wherein the signal processing unit includes a phase conversion unit that extracts phase data of the micro-vibration of the at least one object according to locatioon 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 - [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 signal processing unit 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 - [0230])
the sound detection unit detects the sound-related signal from the at least one object based on the position information. (Shouldice - [0057], [0230])
Regarding Claim 5, Shouldice further teaches:
wherein the signal processing unit includes a micro-vibration identification unit that acquires the micro-vibration data based on the phase data; (Shouldice – [0076], [0142], [0230])
the micro-vibration identification unit outputs, as the processing signal, micro-vibration data, and (Shouldice - [0230])
the sound detection unit detects the sound-related signal from the at least one object on a basis of the micro-vibration data. (Shouldice - [0057], [0230])
Regarding Claim 6, Shouldice further teaches:
wherein the sound detection unit includes a position specifying unit that specifies an utterance position of the sound from the at least one object based on the sound-related signal, and (Shouldice - [0057], [0230])
the micro-vibration identification unit performs frequency analysis on the phase data corresponding to the utterance position. (Shouldice – [0076], [0142], [0230])
Regarding Claim 7, Shouldice further teaches:
a sound data output unit that outputs the sound data based on the phase data extracted in the sound detection mode. (Shouldice – [0057], [0076], [0142], [0230])
Regarding Claim 8, Shouldice further teaches:
wherein the object detection mode includes: a first mode for detecting 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 for detecting the micro-vibration of the at least one object. (Shouldice – [0230])
Regarding Claim 9, Shouldice further teaches:
wherein the micro-vibration identification unit includes: a first frequency analysis unit that performs frequency analysis on the phase data to obtain the micro-vibration data of the at least one object; and (Shouldice – [0076], [0142], [0230])
a second frequency analysis unit that performs frequency analysis on the phase data to obtain the sound data. (Shouldice – [0057], [0076], [0142], [0230])
Regarding Claim 10, Shouldice further teaches:
wherein the micro-vibration identification unit functions as the first frequency analysis unit in the object detection mode, and (Shouldice – [0230])
the micro-vibration identification unit functions as the second frequency analysis unit in the sound detection mode. (Shouldice - [0057], [0230])
Regarding Claim 11, Shouldice further teaches:
wherein the mode control unit: switches from the object detection mode to the sound detection mode in response to the sound detection unit detecting the sound-related signal from the at least one object, and (Shouldice – [0057], [0230])
switch from the sound detection mode to the object detection mode in response to the sound detection unit not detecting the sound-related signal from the at least one object. (Shouldice – [0057], [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 mode control unit controls the operation mode such that the second period is longer than the first period. (Shouldice – [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 signal processing unit detects the plurality of objects by identifying a plurality of peaks of a power conversion spectrum of the reception signal. (Shouldice – [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 including a transmission/reception unit 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 mode control unit switches an operation frequency of the system according to the operation mode of the sensor device. (Shouldice – [0142], [0230] UWB (monitoring mode) and dual tone FMCW)
Regarding Claim 17, Shouldice further teaches:
wherein the mode control unit controls a modulation frequency of a chirp of the transmission/reception unit 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], [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 updating information, due to the 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: (Shouldice – [0142], [0230])
a transmission unit that transmits a transmission wave; (Shouldice – [0142], [0230])
a reception unit that receives a reception wave reflected from the at least one object; and (Shouldice – [0142], [0230])
a sensor device including: a signal processing unit that acquires a reception signal based on the reception wave and outputs a processing signal obtained by sensing the at least one object; (Shouldice – [0142], [0230])
a sound detection unit that detects a sound-related signal related to a sound from the at least one object based on the processing signal; and (Shouldice – [0057], [0142], [0230])
a mode control unit that switches operation modes of the sensor device, the transmission unit, and the reception unit between an object detection mode and a sound detection mode based on a detection result of the sound detection unit, (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 updating information, due to the 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: (Shouldice - [0142], [0230])
a signal processing unit that 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])
a sound detection unit that acquires a sound-related signal related to a sound from the at least one object by processing the processing signal; and (Shouldice – [0057], [0142], [0230])
a mode control unit that 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 sound detection unit, (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 the sensor device modulates over a period of time in the object detection mode, and wherein 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 updating information, due to the 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, filed 01/08/2026, with respect to the rejection under 35 U.S.C. § 112 (a) 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. Though the previous rejection under 35 U.S.C. § 112 (a) is withdrawn, the Claims now invoke 35 U.S.C. § 112 (f) and are rejected under 35 U.S.C. § 112 (a) and 35 U.S.C. § 112 (b) accordingly.
Applicant’s arguments, see Pages 11-17, filed 01/08/2026, with respect to the rejection under 35 U.S.C. § 102 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. The Claims are now rejected under 35 U.S.C. § 103 stating that the update/cycle timing would be an obvious modification in order to perform the teachings that Shouldice is already cited to perform.
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
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/BRANDON JAMES HENSON/Examiner, Art Unit 3648
/RESHA DESAI/Supervisory Patent Examiner, Art Unit 3648