DETAILED ACTION
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.
Response to Arguments
Applicant's arguments filed 06/23/2026 have been fully considered but they are not persuasive. With respect to the rejection under 35 U.S.C. 103 based on Tapia, the Applicant states that the prior art does not teach or suggest every limitation as recited by the newly amended independent claim 1. The Examiner respectfully disagrees and maintains the art rejection.
In the present filling the Applicant purports that certain limitations regarding claims 1, 15, and 20 are not taught by the prior art; however, the Applicant fails to explain their position or why they believe these features are not taught. The final rejection filled 11/18/2025, the Advisory action filled 1/28/2025, the nonfinal rejection filled 03/23/2026 and Examiners present response to arguments below explicitly account how the prior art discloses contested features of the instant application. The present remarks filled 06/23/2026 and each previously filled remarks fail to provide support or argument for the Applicants’ purported position. As the Applicant simply states that the prior art does not teach certain limitations and fails to support their position with any evidence of argument to support their position, the Examiner maintains that the citations as well as other portions of the figures and specification support the rejection of the limitations above. While every attempt has been made to be thorough and consistent within the rejection it is noted that the PRIOR ART MUST BE CONSIDERED IN ITS ENTIRETY, INCLUDING DISCLOSURES THAT TEACH AWAY FROM THE CLAIMS. See MPEP 2141.02 VI.
Although the Applicant fails to provide support or explanation regarding this position, the Applicant appears to particularly indicate that “the plurality of different first bins including a bin containing data corresponding to a distance to a moving object from the vehicle, a bin containing data corresponding to a distance to a stopped object from the vehicle, at least one bin not including the data corresponding to the distance to the moving object from the vehicle, and at least one bin not including the data corresponding to the distance to the stopped object from the vehicle, identify, based on the moving object data, the at least one bin not including the data corresponding to the distance to the moving object from the vehicle,” as recited by the newly amended claim 1, is not taught by the prior art. The Examiner disagrees. As set forth in the Examiners previously filled “Response to Arguments”, Tapia discloses in paragraph [0069] and Figure 11, the generation of doppler range maps. Doppler range maps are comprised of a plurality of bins for both distance and doppler shift corresponding to radio waves received from target objects. Paragraph [0010] discloses that a plurality of doppler range maps or “RADAR frames” are created as signals are transmitted and received. The first “RADAR frame” in the plurality of frames necessarily incudes a plurality of different first bins corresponding to different distances based on a first reflection chirp signal. Paragraph [0013] further discloses that “reflection points may be assigned to the background of the scene, foreground of the scene, stationary objects such as buildings, walls, parking vehicles or parts of a road, and/or moving objects such as other vehicles.” Tapia’s “RADAR frames” are populated with data corresponding to moving and nonmoving objects. As nonmoving objects have zero velocity, data corresponding to these objects are placed in a doppler bin of zero velocity. Alternatively, moving objects have a non-zero velocity and data corresponding to these objects must be placed in different bins than the nonmoving object data. In that these two bin types are mutually exclusive, Tapia discloses a bin containing data corresponding to a distance to a moving object from the vehicle, a bin containing data corresponding to a distance to a stopped object from the vehicle, at least one bin not including the data corresponding to the distance to the moving object from the vehicle, and at least one bin not including the data corresponding to the distance to the stopped object from the vehicle. The Examiner maintains the art rejection.
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.
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.
Claims 1-8, 15-17, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Tapia(US20240004056A1) in view of Lee(US20190310359A1), and in further view of Arbabian(US20220026557A1).
Regarding claim 1, Tapia discloses
A radar system comprising: a radar installed to a vehicle (“The autonomous vehicle 110 includes a sensor suite 102 “ [0041]), and configured to generate object data by sensing an object around the vehicle (“ uses sensor information from the sensor suite 102 … to sense and avoid obstacles” [0041]), the object data including at least one of moving object data or stopped object data (“reflection points may be assigned to the background of the scene, foreground of the scene, stationary objects such as buildings, walls, parking vehicles or parts of a road, and/or moving objects such as other vehicles” [0013]); and a controller configured to identify a distance to the object from the vehicle (“ Radial distances can be measured by utilizing the time-of-flight travel of the RADAR signal “ [0058]) and a moving speed of the object based on the object data of the radar (“ wherein radial velocities are measured by utilizing the frequency shift caused by the Doppler effect.” [0058]), wherein the radar comprises: an antenna array (FIG.9, Part 900); a signal processing circuit configured to provide a transmission signal to the antenna array to transmit transmission radio waves through the antenna array (FIG.5, Parts 540 & 520) and acquire a reception signal corresponding to reception radio waves received by the antenna array (FIG.5, Part 530); and a signal processor configured to control the signal processing circuit to provide a pre-chirp signal including a plurality of pre-chirps (“FIG. 6 illustrates the frequency difference in exemplary send and receive RADAR chirps 600, “ [0068]), wherein the signal processor is configured to: generate first distance data comprising a plurality of different first bins based on a first reflection chirp signal corresponding to radio waves reflected from the object while transmitting the pre-chirp signal (“The time delay and intermediate frequency are used to calculate range-Doppler mapping 1108 in FIG. 11” [0069]), the plurality of different first bins including a bin containing data corresponding to a distance to a moving object from the vehicle (“RADAR data form of 3-dimensional, complex-valued array (a.k.a. RADAR cube) with dimensions corresponding to azimuth (angle), radial velocity (Doppler), and radial distance (range)” [0063] & “reflection points may be assigned to the background of the scene, foreground of the scene, stationary objects such as buildings, walls, parking vehicles or parts of a road, and/or moving objects such as other vehicles” [0013]), a bin containing data corresponding to a distance to a stopped object from the vehicle (“A Doppler-FFT is performed along the columns of these range-FFT results shown in FIG. 8B. This resolves objects in the velocity dimension” [0074], The Examiner notes that preforming a Doppler-FFT on data comprising a plurality of moving an nonmoving objects will classify stopped object is the same Doppler bin.) at least one bin not including the data corresponding to the distance to the moving object from the vehicle (“A Doppler-FFT is performed along the columns of these range-FFT results shown in FIG. 8B. This resolves objects in the velocity dimension” [0074], The Examiner notes that preforming a Doppler-FFT on data comprising a plurality of moving an nonmoving objects will classify stopped object and moving objects in different Doppler bin.), […] generate a bin mask […](“creating a mask that emphasizes desired bins and suppresses others” [0091]) […] generate second distance data comprising a plurality of different second bins based on a second reflection chirp signal corresponding to radio waves reflected from the object […] (“By repeating the transmitting and receiving of the RADAR signals, RADAR systems are able to observe the RADAR system's field of view over time by providing measurement data comprising multiple, in particular consecutive, RADAR frames” [0059] & “An individual RADAR frame may for instance be a range-azimuth-frame” [0059]) filter the second distance data using the bin mask (“Foreground extraction can be performed by various methods for suppressing noise and artifacts and extracting salient regions of a RADAR cube” [0091]), and acquire distance-speed data based on the filtered second distance data (“The range-Doppler map of the recorded signals is then calculated 1108” [0090]).
Tapia discloses the transmission, reception and analysis of a plurality of radar frames. This includes the generation of a plurality of respective Doppler range maps. Tapia does not explicitly disclose nor limit wherein the system comprises a main chirp signal, wherein a number of the pre- chirps included in the pre-chirp signal is less than a number of the main chirps included in the main chirp signal. Lee teaches in the same field of endeavor of radar detection. Lee discloses the system comprising, and a main chirp signal including a plurality of main chirps to the antenna array (“second transmission signal in the short-range detection mode” [0209]), wherein a number of the pre- chirps included in the pre-chirp signal is less than a number of the main chirps included in the main chirp signal (“ second transmission signal in the short-range detection mode uses a second frequency band higher than the first frequency band and have a second number of signal waveforms larger than the first number in one sensing period.” [0209])
Lee teaches in the same field of endeavor of radar detection. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Tapia with the teachings of Lee to incorporate the features of a main chirp signal having more chirps than a pre-chirp signal so as to gain the advantage of improving measurement resolution [0017, Lee]. Also, since it has been held that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill (MPEP 2143).
Tapia as modified by Lee discloses the use of bin masking, but does not explicitly disclose nor limit wherein mask is generated based on the object being a moving object and is corrected based on distance data of a stopped object. Arbabian teaches in the same field of endeavor of radar detection. Arbabian discless wherein, at least one bin not including the data corresponding to the distance to the stopped object from the vehicle (“a background mask indicates location in the radar scene 103 of a background object that behaves as a radar clutter source.” [0058]), […] identify, based on the moving object data, the at least one bin not including the data corresponding to the distance to the moving object from the vehicle, (“ a prescribed measurement time interval in which to observe radar track motions at a radar scene location that is long enough that a large enough number of location measurements are obtained during the measurement time interval to ascertain to within a prescribed confidence level whether a low velocity radar track is consistently moving between locations that are spaced so closely as to be a persistent location within the radar scene 103” [0060]), generate a bin mask based on the at least one bin not including the data corresponding to the distance to the moving object from the vehicle from among the plurality of different first bins, corresponding to different distances(“ background estimation module 110 identifies a location within the radar scene 103 where a frame of radar data includes a target track having a Doppler velocity that is below a predefined threshold that is indicative of a radar track that is short enough to have been produced by a persistently located background object having a movement pattern that causes radar clutter. “ [0058]), correct the bin mask based on the distance data to the stopped object from the vehicle (“ A radar background estimate is updated to indicate a location that corresponds to a persistently located background object. ” [0061])
Arbabian teaches in the same field of endeavor of radar detection. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Tapia as modified by Lee with the teachings of Arbabian to incorporate the features of a mask being generated based on the object being a moving object and being corrected based on distance data of a stopped object so as to gain the advantage of improving sensor performance [0003, Arbabian]. Also, since it has been held that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill (MPEP 2143).
Regarding claim 2, Tapia as modified by Lee and Arbabian disclose all the limitations of claim 1. Tapia discloses the system wherein, the antenna array is configured to: sequentially transmit radio waves corresponding to the pre-chirp signal (FIG.6, “Transmitted signal”); […]and receive radio waves reflected from the object (FIG.6, “received signal”).
Tapia does not explicitly disclose nor limit wherein the system includes a main chirp signal. Lee teaches in the same field of endeavor of radar detection. Lee discloses the system configured to, sequentially transmit radio waves corresponding to […] the main chirp signal (“second transmission signal in the short-range detection mode” [0209]).
Lee teaches in the same field of endeavor of radar detection. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Tapia with the teachings of Lee to incorporate the features of a main chirp signal so as to gain the advantage of improving measurement resolution [0017, Lee]. Also, since it has been held that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill (MPEP 2143).
Regarding claim 3, Tapia as modified by Lee and Arbabian disclose all the limitations of claim 2. Tapia discloses the system wherein, the signal processing circuit is configured to: acquire the first reflection chirp signal corresponding to radio waves reflected from the object while transmitting the pre-chirp signal (“The reflected chirp can then be received at the RX antenna 530. “ [0066]); mix the pre-chirp signal with the first reflection chirp signal (“The RX signal and the TX signal are mixed at a mixer 550” [0066]); and provide a first intermediate frequency signal in which the pre-chirp signal and the first reflection chirp signal are mixed to the signal processor (“The resultant signal is called an intermediate (IF) signal. “ [0067]).
Regarding claim 4, Tapia as modified by Lee and Arbabian disclose all the limitations of claim 3. Tapia discloses the system wherein, the signal processor is configured to: generate the object data including information on the distance to the object and the moving speed of the object based on the first intermediate frequency signal (“The time delay and intermediate frequency are used to calculate range-Doppler mapping 1108 in FIG. 11” [0069]) in which the pre-chirp signal and the first reflection chirp signal are mixed (“The RX signal and the TX signal are mixed at a mixer 550.” [0066]).
Regarding claim 5, Tapia as modified by Lee and Arbabian disclose all the limitations of claim 1. Tapia discloses the system wherein, the signal processor is configured to: transform a plurality of first intermediate frequency signals corresponding to the plurality of pre-chirps into a plurality of pieces of first frequency domain data through a fast Fourier transform (“To determine range(s), a range-fast Fourier transform (FFT) is performed on each row” [0072]), respectively, wherein each of the first intermediate frequency signals is generated by mixing the pre-chirp signal and a first reflection chirp signal corresponding to radio waves reflected from the object while transmitting the pre-chirp signal (“The RX signal and the TX signal are mixed at a mixer 550.” [0066]); and store a first frequency domain matrix including the plurality of pieces of first frequency domain data (“chirp-range matrix 800“ [0071]).
Regarding claim 6, Tapia as modified by Lee and Arbabian disclose all the limitations of claim 5. Tapia discloses the system wherein, the signal processor is configured to: transform one or more pieces of the first frequency domain data corresponding to a same frequency among the plurality of pieces of first frequency domain data into a plurality of pieces of first phase domain data through the fast Fourier transform (“ A Doppler-FFT is performed along the columns of these range-FFT results shown in FIG. 8B” [0074]); and store a first phase domain matrix including the plurality of pieces of first phase domain data (“ velocity-range matrix” [0074]).
Regarding claim 7, Tapia as modified by Lee and Arbabian disclose all the limitations of claim 6. Tapia discloses the system wherein, the signal processor is configured to provide the object data including information on the distance to the object and the moving speed of the object based on the plurality of pieces of first phase domain data included in the first phase domain matrix (“The time delay and intermediate frequency are used to calculate range-Doppler mapping 1108 in FIG. 11” [0069]).
Regarding claim 8, Tapia as modified by Lee and Arbabian disclose all the limitations of claim 7. Tapia discloses the system wherein, the first phase domain matrix comprises the plurality of different first bins corresponding to different distances (“a velocity-range matrix” [0074]), and the signal processor is configured to provide the bin mask indicating which one or more bins do not include data corresponding to the distance to the object among the plurality of different first bins (“creating a mask that emphasizes desired bins and suppresses others” [0091]).
Regarding claim 15, Tapia discloses
A method of controlling an apparatus including an antenna array installed to a vehicle (“The autonomous vehicle 110 includes a sensor suite 102 “ [0041]), the method comprising: providing a pre-chirp signal including a plurality of pre-chirps (“FIG. 6 illustrates the frequency difference in exemplary send and receive RADAR chirps 600, “ [0068]) and […] to the antenna array (FIG.9, Part 900); sequentially transmitting, by the antenna array, radio waves corresponding to the pre-chirp signal (FIG.6, “Transmitted signal”); […]; and receiving, by the antenna array, radio waves reflected from an object around the vehicle (FIG.6, “received signal”), Generating first distance data comprising a plurality of different first based on a first reflection chirp signal corresponding to radio waves reflected from the object while transmitting the pre-chirp signal (“The time delay and intermediate frequency are used to calculate range-Doppler mapping 1108 in FIG. 11” [0069]), the plurality of different first bins including a bin containing data corresponding to a distance to a moving object from the vehicle (“RADAR data form of 3-dimensional, complex-valued array (a.k.a. RADAR cube) with dimensions corresponding to azimuth (angle), radial velocity (Doppler), and radial distance (range)” [0063] & “reflection points may be assigned to the background of the scene, foreground of the scene, stationary objects such as buildings, walls, parking vehicles or parts of a road, and/or moving objects such as other vehicles” [0013]), a bin containing data corresponding to a distance to a stopped object from the vehicle (“A Doppler-FFT is performed along the columns of these range-FFT results shown in FIG. 8B. This resolves objects in the velocity dimension” [0074], The Examiner notes that preforming a Doppler-FFT on data comprising a plurality of moving an nonmoving objects will classify stopped object is the same Doppler bin.) at least one bin not including the data corresponding to the distance to the moving object from the vehicle (“A Doppler-FFT is performed along the columns of these range-FFT results shown in FIG. 8B. This resolves objects in the velocity dimension” [0074], The Examiner notes that preforming a Doppler-FFT on data comprising a plurality of moving an nonmoving objects will classify stopped object and moving objects in different Doppler bin.), generating a bin mask (“creating a mask that emphasizes desired bins and suppresses others” [0091])[…]; generating second distance data comprising a plurality of different second bins based on a second reflection chirp signal corresponding to radio waves reflected from the object […](“By repeating the transmitting and receiving of the RADAR signals, RADAR systems are able to observe the RADAR system's field of view over time by providing measurement data comprising multiple, in particular consecutive, RADAR frames” [0059] & “An individual RADAR frame may for instance be a range-azimuth-frame” [0059]); Filtering the second distance data using the bin mask (“Foreground extraction can be performed by various methods for suppressing noise and artifacts and extracting salient regions of a RADAR cube” [0091]); and acquiring distance-speed data based on the filtered second distance data (“The range-Doppler map of the recorded signals is then calculated 1108” [0090]).
Tapia discloses the transmission, reception and analysis of a plurality of radar frames. This includes the generation of a plurality of respective Doppler range maps. Tapia does not explicitly disclose nor limit wherein the system comprises a main chirp signal, wherein a number of the pre- chirps included in the pre-chirp signal is less than a number of the main chirps included in the main chirp signal. Lee teaches in the same field of endeavor of radar detection. Lee discloses the method comprising a main chirp signal including a plurality of main chirps (“second transmission signal in the short-range detection mode” [0209]), […] sequentially transmitting, by the antenna array, […] radio waves corresponding to the main chirp signal (FIG.4A, code B).
Lee teaches in the same field of endeavor of radar detection. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Tapia with the teachings of Lee to incorporate the features of a main chirp signal having more chirps than a pre-chirp signal so as to gain the advantage of improving measurement resolution [0017, Lee]. Also, since it has been held that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill (MPEP 2143).
Tapia as modified by Lee discloses the use of bin masking, but does not explicitly disclose nor limit wherein mask is generated based on the object being a moving object and is corrected based on distance data of a stopped object. Arbabian teaches in the same field of endeavor of radar detection. Arbabian discless wherein the bin mask is, at least one bin not including the data corresponding to the distance to the stopped object from the vehicle (“a background mask indicates location in the radar scene 103 of a background object that behaves as a radar clutter source.” [0058]), […] identify, based on the moving object data, the at least one bin not including the data corresponding to the distance to the moving object from the vehicle, (“ a prescribed measurement time interval in which to observe radar track motions at a radar scene location that is long enough that a large enough number of location measurements are obtained during the measurement time interval to ascertain to within a prescribed confidence level whether a low velocity radar track is consistently moving between locations that are spaced so closely as to be a persistent location within the radar scene 103” [0060]), […]Generating a bin mask based on the at least one bin not including the data corresponding to the distance to the moving object from the vehicle from among the plurality of different first bins […] (“a background mask indicates location in the radar scene 103 of a background object that behaves as a radar clutter source.” [0058]) wherein the bin mask is generated based on the object being a moving object (“ background estimation module 110 identifies a location within the radar scene 103 where a frame of radar data includes a target track having a Doppler velocity that is below a predefined threshold that is indicative of a radar track that is short enough to have been produced by a persistently located background object having a movement pattern that causes radar clutter “ [0058]), correct the bin mask based on the distance data to the stopped object from the vehicle (“ A radar background estimate is updated to indicate a location that corresponds to a persistently located background object. ” [0061])
Arbabian teaches in the same field of endeavor of radar detection. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Tapia as modified by Lee with the teachings of Arbabian to incorporate the features of a mask being generated based on the object being a moving object and being corrected based on distance data of a stopped object so as to gain the advantage of improving sensor performance [0003, Arbabian]. Also, since it has been held that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill (MPEP 2143).
Regarding claim 16, Tapia as modified by Lee and Arbabian disclose all the limitations of claim 15. Tapia discloses the method, further comprising: acquiring a first reflection chirp signal corresponding to the radio waves reflected from the object while transmitting the pre-chirp signal (“The reflected chirp can then be received at the RX antenna 530. “ [0066]); and mixing the pre-chirp signal with the first reflection chirp signal (“The RX signal and the TX signal are mixed at a mixer 550” [0066]) to generate a first intermediate frequency signal in which the pre-chirp signal and the first reflection chirp signal are mixed (“The resultant signal is called an intermediate (IF) signal. “ [0067]).
Regarding claim 17, Tapia as modified by Lee and Arbabian disclose all the limitations of claim 16. Tapia discloses the method, further comprising: generating object data including information on a distance to the object and a moving speed of the object based on the first intermediate frequency signal (“The time delay and intermediate
frequency are used to calculate range-Doppler mapping 1108 in FIG. 11” [0069]) in which the pre-chirp signal and the first reflection chirp signal are mixed (“The RX signal and the TX signal are mixed at a mixer 550.” [0066]);
Regarding claim 20, Tapia discloses
A radar system comprising: an antenna array mounted to a vehicle (“The autonomous vehicle
110 includes a sensor suite 102 “ [0041]); and one or more processors configured to: generate a pre-chirp signal including a plurality of pre-chirps (“FIG. 6 illustrates the frequency difference in exemplary send and receive RADAR chirps 600, “ [0068]) […] to be transmitted through the antenna array to detect an object around the vehicle (“ uses sensor information from the sensor suite 102 … to sense and avoid obstacles” [0041]), and sequentially transmit radio waves corresponding to the pre-chirp signal (FIG.6, “Transmitted signal”) and […] and receive radio waves reflected from the object through the antenna array (FIG.6, “received signal”), generate first distance data comprising a plurality of different first bins based on a first reflection chirp signal corresponding to radio waves reflected from the object while transmitting the pre-chirp signal (“The time delay and intermediate frequency are used to calculate range-Doppler mapping 1108 in FIG. 11” [0069]), the plurality of different first bins including a bin containing data corresponding to a distance to a moving object from the vehicle (“RADAR data form of 3-dimensional, complex-valued array (a.k.a. RADAR cube) with dimensions corresponding to azimuth (angle), radial velocity (Doppler), and radial distance (range)” [0063] & “reflection points may be assigned to the background of the scene, foreground of the scene, stationary objects such as buildings, walls, parking vehicles or parts of a road, and/or moving objects such as other vehicles” [0013]), a bin containing data corresponding to a distance to a stopped object from the vehicle (“A Doppler-FFT is performed along the columns of these range-FFT results shown in FIG. 8B. This resolves objects in the velocity dimension” [0074], The Examiner notes that preforming a Doppler-FFT on data comprising a plurality of moving an nonmoving objects will classify stopped object is the same Doppler bin.) at least one bin not including the data corresponding to the distance to the moving object from the vehicle (“A Doppler-FFT is performed along the columns of these range-FFT results shown in FIG. 8B. This resolves objects in the velocity dimension” [0074], The Examiner notes that preforming a Doppler-FFT on data comprising a plurality of moving an nonmoving objects will classify stopped object and moving objects in different Doppler bin.),generate a bin mask (“creating a mask that emphasizes desired bins and suppresses others” [0091]) […],generate second distance data comprising a plurality of different second bins based on a second reflection chirp signal corresponding to radio waves reflected from the object […] (“By repeating the transmitting and receiving of the RADAR signals, RADAR systems are able to observe the RADAR system's field of view over time by providing measurement data comprising multiple, in particular consecutive, RADAR frames” [0059] & “An individual RADAR frame may for instance be a range-azimuth-frame” [0059]), filter the second distance data using the bin mask (“Foreground extraction can be performed by various methods for suppressing noise and artifacts and extracting salient regions of a RADAR cube” [0091]), and acquire distance-speed data based on the filtered second distance data (“The range-Doppler map of the recorded signals is then calculated 1108” [0090]).
Tapia discloses the transmission, reception and analysis of a plurality of radar frames. This includes the generation of a plurality of respective Doppler range maps. Tapia does not explicitly disclose nor limit wherein the system comprises a main chirp signal, wherein a number of the pre- chirps included in the pre-chirp signal is less than a number of the main chirps included in the main chirp signal. Lee teaches in the same field of endeavor of radar detection. Lee discloses the system comprising, a main chirp signal including a plurality of main chirps (“second transmission signal in the short-range detection mode” [0209]))
Lee teaches in the same field of endeavor of radar detection. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Tapia with the teachings of Lee to incorporate the features of a main chirp signal having more chirps than a pre-chirp signal so as to gain the advantage of improving measurement resolution [0017, Lee]. Also, since it has been held that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill (MPEP 2143).
Tapia as modified by Lee discloses the use of bin masking, but does not explicitly disclose nor limit wherein mask is generated based on the object being a moving object and is corrected based on distance data of a stopped object. Arbabian teaches in the same field of endeavor of radar detection. Arbabian discless wherein the bin mask is, at least one bin not including the data corresponding to the distance to the stopped object from the vehicle (“a background mask indicates location in the radar scene 103 of a background object that behaves as a radar clutter source.” [0058]), […] identify, based on the moving object data, the at least one bin not including the data corresponding to the distance to the moving object from the vehicle, (“ a prescribed measurement time interval in which to observe radar track motions at a radar scene location that is long enough that a large enough number of location measurements are obtained during the measurement time interval to ascertain to within a prescribed confidence level whether a low velocity radar track is consistently moving between locations that are spaced so closely as to be a persistent location within the radar scene 103” [0060]) […] Generate a bin mask based on the at least one bin not including the data corresponding to the distance to the moving object from the vehicle from among the plurality of different first bins (“a background mask indicates location in the radar scene 103 of a background object that behaves as a radar clutter source.” [0058]) […] correct the bin mask based on the distance data to the stopped object from the vehicle (“ A radar background estimate is updated to indicate a location that corresponds to a persistently located background object. ” [0061])
Arbabian teaches in the same field of endeavor of radar detection. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Tapia as modified by Lee with the teachings of Arbabian to incorporate the features of a mask being generated based on the object being a moving object and being corrected based on distance data of a stopped object so as to gain the advantage of improving sensor performance [0003, Arbabian]. Also, since it has been held that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill (MPEP 2143).
Claims 9-14, 18, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Tapia(US20240004056A1) as modified by Lee(US20190310359A1) and Arbabian(US20220026557A1) as applied to claims 1 and 15 above, and further in view of Rennhard(US20220252697A1).
Regarding claim 9, Tapia as modified by Lee and Arbabian disclose all of the limitations of claim 4. Tapia does not appear to disclose nor limit wherein the system includes a second reflection chirp or second intermediate frequency. Lee teaches in the same field of endeavor of radar detection. Lee discloses the system wherein, the signal processing circuit is configured to: acquire a second reflection chirp signal corresponding to radio waves reflected from the object while transmitting the main chirp signal (“a reflection signal reflected by the object may receive and processed,” [0015]).
Lee teaches in the same field of endeavor of radar detection. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Tapia with the teachings of Lee to incorporate the features of acquiring a second reflection chirp so as to gain the advantage of improving measurement resolution [0017, Rolland]. Also, since it has been held that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill (MPEP 2143).
Tapia as modified by Lee and Arbabian does not appear to disclose nor limit wherein the system includes a second intermediate frequency signal. Rennhard teaches in the same field of endeavor of radar detection. Rennhard discloses the system comprising mix the main chirp signal with the second reflection chirp signal (“the first and second chirps can also differ by way of further characteristics “ [0040] & “The receiving signal can therefore be mixed with the emitting signal”[0013])); and provide a second intermediate frequency signal in which the main chirp signal and the second reflection chirp signal are mixed to the signal processor (“to obtain intermediate frequency signal” [0013]).
Rennhard teaches in the same field of endeavor of radar detection. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Tapia as modified by Lee and Arbabian with the teachings of Rennhard to incorporate the features of a second intermediate frequency so as to gain the advantage of improving azimuth resolution [0049, Rennhard]. Also, since it has been held that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill (MPEP 2143).
Regarding claim 10, Tapia as modified by Lee and Arbabian disclose all the limitations of claim 4. Tapia discloses the system wherein, the signal processor is configured to […] filter the processed […] intermediate frequency signal using the bin mask indicating which one or more bins do not include the data corresponding to the distance to the object (“creating a mask that emphasizes desired bins and suppresses others” [0091]). and provide the object data including the information on the distance to the object and the moving speed of the object based on the filtered […] intermediate frequency signal (“The time delay and intermediate frequency are used to calculate range-Doppler mapping 1108 in FIG. 11” [0069]).
Tapia as modified by Lee and Arbabian does not appear to disclose nor limit wherein the system includes a second intermediate frequency signal. Rennhard teaches in the same field of endeavor of radar detection. Rennhard discloses the system wherein, the signal processor is configured to: process the second intermediate frequency signal in which the main chirp signal and the second reflection chirp signal are mixed (“the first and second chirps can also differ by way of further characteristics “ [0040] & “The receiving signal can therefore be mixed with the emitting signal”[0013])).
Rennhard teaches in the same field of endeavor of radar detection. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Tapia as modified by Lee and Arbabian with the teachings of Rennhard to incorporate the features of a second intermediate frequency so as to gain the advantage of improving azimuth resolution [0049, Rennhard]. Also, since it has been held that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill (MPEP 2143).
Regarding claim 11, Tapia as modified by Lee and Arbabian disclose all the limitations of claim 4. Tapia discloses the system wherein, the signal processor is configured to:[…] filter data corresponding to the one or more bins among the plurality of pieces of […]frequency domain data using the bin mask indicating which one or more bins do not include data corresponding to the distance to the object (“creating a mask that emphasizes desired bins and suppresses others” [0091])
Tapia as modified by Lee and Arbabian does not appear to disclose nor limit wherein the system includes a second reflection chirp or second intermediate frequency. Rennhard teaches in the same field of endeavor of radar detection. Rennhard discloses the system wherein the signal processor is configured to: transform a plurality of second intermediate frequency signals corresponding to the plurality of pre-chirps into a plurality of pieces of second frequency domain data through a fast Fourier transform (“A first (discrete) Fourier transformation of this intermediate frequency signal over the sampling values, “ [0013]), respectively, wherein each of the plurality of second intermediate frequency signals is generated by mixing the main chirp signal and a second reflection chirp signal corresponding to radio waves reflected from the object while transmitting the main chirp signal (“the first and second chirps can also differ by way of further characteristics “ [0040] & “The receiving signal can therefore be mixed with the emitting signal”[0013])); […] and store a second frequency domain matrix including the plurality of pieces of the filtered data corresponding to the one or more bins (“range Doppler map“ [0122]).
Rennhard teaches in the same field of endeavor of radar detection. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Tapia as modified by Lee and Arbabian with the teachings of Rennhard to incorporate the features of a second intermediate frequency so as to gain the advantage of improving azimuth resolution [0049, Rennhard]. Also, since it has been held that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill (MPEP 2143).
Regarding claim 12, Tapia as modified by Lee and Arbabian and further modified by Rennhard discloses all of the limitations of claim 11. Tapia as modified by Lee and Arbabian does not appear to disclose nor limit wherein the system includes a second reflection chirp or second intermediate frequency. Rennhard teaches in the same field of endeavor of radar detection. Rennhard discloses the system wherein, the signal processor is configured to: transform data corresponding to a same frequency among the plurality of pieces of the filtered data corresponding to the one or more bins into a plurality of pieces of second phase domain data through the fast Fourier transform (“a second Fourier transformation over the whole first sequence or at all events also over only a part of the first sequence, which result in the Doppler frequency shift as well as a (coarsely resolved) phase.” [0103]); and store a second phase domain matrix including the plurality of pieces of second phase domain data (“range Doppler map“ [0122]).
Rennhard teaches in the same field of endeavor of radar detection. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Tapia as modified by Lee and Arbabian with the teachings of Rennhard to incorporate the features of a second intermediate frequency so as to gain the advantage of improving azimuth resolution [0049, Rennhard]. Also, since it has been held that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill (MPEP 2143).
Regarding claim 13, Tapia as modified by Lee and Arbabian and further modified by Rennhard discloses all of the limitations of claim 12. Tapia as modified by Lee and Arbabian does not appear to disclose nor limit wherein the system includes second phase domain data. Rennhard teaches in the same field of endeavor of radar detection. Rennhard discloses the system wherein, the signal processor is configured to provide the object data including the information on the distance to the object (“ the frequency difference between the emitting signal and the receiving signal is a measure of the distance” [0013]) and the moving speed of the object (“determining the Doppler shift and/or speed” [0013]) based on the plurality of pieces of second phase domain data included in the second phase domain matrix (“range Doppler map“ [0122]).
Rennhard teaches in the same field of endeavor of radar detection. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Tapia as modified by Lee and Arbabian with the teachings of Rennhard to incorporate the features of second phase domain data so as to gain the advantage of improving azimuth resolution [0049, Rennhard]. Also, since it has been held that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill (MPEP 2143).
Regarding claim 14, Tapia as modified by Lee and Arbabian discloses all of the limitations of claim 1. Tapia as modified by Lee and Arbabian does not appear to disclose nor limit wherein the system includes separate frequency slope between the main and pre-chirps. Rennhard teaches in the same field of endeavor of radar detection. Rennhard discloses the system wherein, a frequency slope of each of the plurality of pre-chirps is different from a frequency slope of each of the plurality of main chirps (“The second chirps can also have different frequency-time characteristics than the first chirps, for example a steeper frequency rise as a function of time, and/or at all events another coding.” [0021]).
Rennhard teaches in the same field of endeavor of radar detection. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Tapia as modified by Lee and Arbabian with the teachings of Rennhard to incorporate the features of separate frequency slope between the main and pre-chirps so as to gain the advantage of improving azimuth resolution [0049, Rennhard]. Also, since it has been held that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill (MPEP 2143).
Regarding claim 18, Tapia as modified by Lee and Arbabian discloses all of the limitations of claim 17. Tapia does not appear to disclose nor limit wherein the system includes a second reflection chirp or second intermediate frequency. Lee teaches in the same field of endeavor of radar detection. Lee discloses the method, further comprising: acquiring a second reflection chirp signal corresponding to the radio waves reflected from the object while transmitting the main chirp signal (“a reflection signal reflected by the object may receive and processed,” [0015]).
Lee teaches in the same field of endeavor of radar detection. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Tapia with the teachings of Lee to incorporate the features of acquiring a second reflection chirp so as to gain the advantage of improving measurement resolution [0017, Rolland]. Also, since it has been held that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill (MPEP 2143).
Tapia as modified by Lee and Arbabian does not appear to disclose nor limit wherein the method includes a second intermediate frequency signal. Rennhard teaches in the same field of endeavor of radar detection. Rennhard discloses the method comprising, mixing the main chirp signal with the second reflection chirp signal (“the first and second chirps can also differ by way of further characteristics “ [0040] & “The receiving signal can therefore be mixed with the emitting signal”[0013])) to generate a second intermediate frequency signal in which the main chirp signal and the second reflection chirp signal are mixed (“to obtain intermediate frequency signal” [0013]).
Rennhard teaches in the same field of endeavor of radar detection. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Tapia as modified by Lee and Arbabian with the teachings of Rennhard to incorporate the features of a second intermediate frequency so as to gain the advantage of improving azimuth resolution [0049, Rennhard]. Also, since it has been held that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill (MPEP 2143).
Regarding claim 19, Tapia as modified by Lee and Arbabian and further modified by Rennhard discloses the method, further comprising […] filtering the processed […] intermediate frequency signal using the bin mask indicating which one or more bins do not include data corresponding to the distance to the object (“creating a mask that emphasizes desired bins and suppresses others” [0091]); and providing the object data including the information on the distance to the object and the moving speed of the object based on the filtered second intermediate frequency signal (“The time delay and intermediate frequency are used to calculate range-Doppler mapping 1108 in FIG. 11” [0069]).
Tapia as modified by Lee and Arbabian does not appear to disclose nor limit wherein the method includes a second intermediate frequency signal. Rennhard teaches in the same field of endeavor of radar detection. Rennhard discloses the method, further comprising: processing the second intermediate frequency signal (“the first and second chirps can also differ by way of further characteristics “ [0040] & “The receiving signal can therefore be mixed with the emitting signal”[0013])).
Rennhard teaches in the same field of endeavor of radar detection. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Tapia as modified by Lee and Arbabian with the teachings of Rennhard to incorporate the features of a second intermediate frequency so as to gain the advantage of improving azimuth resolution [0049, Rennhard]. Also, since it has been held that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill (MPEP 2143).
For applicant’s benefit portions of the cited reference(s) have been cited to aid in the review of the rejection(s). While every attempt has been made to be thorough and consistent within the rejection it is noted that the PRIOR ART MUST BE CONSIDERED IN ITS ENTIRETY, INCLUDING DISCLOSURES THAT TEACH AWAY FROM THE CLAIMS. See MPEP 2141.02 VI.
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.
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/C.P.R./Examiner, Art Unit 3646
/JACK W KEITH/Supervisory Patent Examiner, Art Unit 3646
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