DETAILED ACTION
Response to Arguments
Applicants’ arguments filed 11/07/2025 have been fully considered but they are not persuasive. With respect to the Rejection under 35 U.S.C 102 based on Baldi, the Applicant states that the prior art fails to teach or suggest the new amended limitation “a calculation unit (9) configured for compensating drift behavior or to take it into account by calculation, wherein the physical parameter at least comprises temperature in the hermetic sealed off housing (1, 2, 11, 12), and the calculation unit (9) is configured for compensating oscillator drift by measuring the temperature directly at the oscillator within the hermetic sealed off housing (1, 2, 11, 12)” as recited by independent claim 30. The Examiner respectfully disagrees and maintains the art rejection.
In reference to the above limitation, the Applicant specifically states that Baldi is silent on a hermetic sealed housing. The examiner respectfully disagrees. Figure 3 of Baldi discloses a two part housing for the sensor hardware comprising an insulating outer shell (Parts 10 and 10’) and an insulating outer lens (Part 17). Paragraph [0022] discloses that the outer shell and outer lens come together to form a seal. The housing as disclosed by figure 3 and paragraph [0022] forms an environment closed off to air and moisture meeting the definition of a hermetic sealed housing. The Examiner maintains that Baldi discloses a hermetic sealed housing.
The Applicant further states that Baldi is silent on the compensation of oscillator drift by direct measurement of temperature at the oscillator within the hermetic sealed housing. The Examiner respectfully disagrees. Baldi discloses in paragraph [0018] that Gunn diodes must be kept at a constant operational temperature. Paragraph [0021] discloses that the Gunn diode functions as an oscillator. Figure 3 further discloses a temperature control system (part 6) placed within the device housing configured to monitor and compensate for thermal drift. The temperature control system must necessarily measure the temperature in the environment it is configured to control. The measurement and control of temperature in the housing compensates for oscillator drift caused by temperature changes at the Gunn Diode.
Baldi discloses the new amended limitation “a calculation unit (9) configured for compensating drift behavior or to take it into account by calculation, wherein the physical parameter at least comprises temperature in the hermetic sealed off housing (1, 2, 11, 12), and the calculation unit (9) is configured for compensating oscillator drift by measuring the temperature directly at the oscillator within the hermetic sealed off housing (1, 2, 11, 12)” as recited by claim 1.
In their remarks, the Applicant additionally argues that Tian, Hehn, and Fan fail to disclose, teach, or suggest the above limitation. As seen in the rejection below, neither Tian, Hehn, or Fan are relied upon to reject the limitation. The Examiner maintains the art rejection.
Specification
The following guidelines illustrate the preferred layout for the specification of a utility application. These guidelines are suggested for the applicant’s use.
Arrangement of the Specification
As provided in 37 CFR 1.77(b), the specification of a utility application should include the following sections in order. Each of the lettered items should appear in upper case, without underlining or bold type, as a section heading. If no text follows the section heading, the phrase “Not Applicable” should follow the section heading:
(a) TITLE OF THE INVENTION.
(b) CROSS-REFERENCE TO RELATED APPLICATIONS.
(c) STATEMENT REGARDING FEDERALLY SPONSORED RESEARCH OR DEVELOPMENT.
(d) THE NAMES OF THE PARTIES TO A JOINT RESEARCH AGREEMENT.
(e) INCORPORATION-BY-REFERENCE OF MATERIAL SUBMITTED ON A READ-ONLY OPTICAL DISC, AS A TEXT FILE OR AN XML FILE VIA THE PATENT ELECTRONIC SYSTEM.
(f) STATEMENT REGARDING PRIOR DISCLOSURES BY THE INVENTOR OR A JOINT INVENTOR.
(g) BACKGROUND OF THE INVENTION.
(1) Field of the Invention.
(2) Description of Related Art including information disclosed under 37 CFR 1.97 and 1.98.
(h) BRIEF SUMMARY OF THE INVENTION.
(i) BRIEF DESCRIPTION OF THE SEVERAL VIEWS OF THE DRAWING(S).
(j) DETAILED DESCRIPTION OF THE INVENTION.
(k) CLAIM OR CLAIMS (commencing on a separate sheet).
(l) ABSTRACT OF THE DISCLOSURE (commencing on a separate sheet).
(m) SEQUENCE LISTING. (See MPEP § 2422.03 and 37 CFR 1.821 - 1.825). A “Sequence Listing” is required on paper if the application discloses a nucleotide or amino acid sequence as defined in 37 CFR 1.821(a) and if the required “Sequence Listing” is not submitted as an electronic document either on read-only optical disc or as a text file via the patent electronic system.
Claim Objections
Claim 41 is objected to because of the following informalities:
Regarding claim 41, in line 3 – “detecting of at least one” needs to be changed to “detecting at least one”.
Appropriate correction is required.
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 30-34 and 36-50 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.
Claim 30 and similarly claim 41 recites the limitation “measuring the temperature directly at the oscillator within the hermetic sealed of housing.” The limitation was not present in the claims as previously filled. Figure 3 depicts the temperature sensor (5) generally mounted on the radar hardware within the sensor housing. Further, in reference to figure 4, the specification states on page 22 paragraph 1 that the fan (8) may blow air from the radar front end onto the temperature sensor (5). The applicant’s specification and drawings discloses an internal temperature sensor is either configured to generally measure the ambient air temperature of the sealed housing, or of air pulled from the radar frontend. The examiner cannot find support for a temperature sensor explicitly configured to directly measure the temperature of the oscillator. The above limitation is new subject matter as it 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. It suggested applicant amend the claim to be consisted with the disclosed temperature sensor. For examination purposes the limitation "measuring the temperature directly at the oscillator within the hermetic sealed of housing,” as recited by claim 20 will be interpreted to mean "measuring the temperature within the hermetic sealed of housing."
Claims 31-34, 36-40 and 42-50 are also rejected based on their dependency of the defected parent claim(s).
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.
Claim 49 is 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.
Initially, the following is noted.
“Though understanding the claim language may be aided by explanations contained in the written description, it is important not to import into claim limitations that are not part of the claim. For example, a particular embodiment appearing in the written description may not be read into a claim when the claim language is broader than the embodiment.” Superguide Corp. v. DirecTV Enterprises, Inc., 358 F.3d 870, 875, 69 USPQ2d 1865, 1868 (Fed. Cir. 2004). See also Liebel-Flarsheim Co. v. Medrad Inc., 358 F.3d 898, 906, 69 USPQ2d 1801, 1807 (Fed. Cir. 2004) (discussing recent cases wherein the court expressly rejected the contention that if a patent describes only a single embodiment, the claims of the patent must be construed as being limited to that embodiment); E-Pass Techs., Inc. v. 3Com Corp., 343 F.3d 1364, 1369, 67 USPQ2d 1947, 1950 (Fed. Cir. 2003) (“Interpretation of descriptive statements in a patent’s written description is a difficult task, as an inherent tension exists as to whether a statement is a clear lexicographic definition or a description of a preferred embodiment. The problem is to interpret claims ‘in view of the specification’ without unnecessarily importing limitations from the specification into the claims.”); Altiris Inc. v. Symantec Corp., 318 F.3d 1363, 1371, 65 USPQ2d 1865, 1869-70 (Fed. Cir. 2003) (Although the specification discussed only a single embodiment, the court held that it was improper to read a specific order of steps into method claims where, as a matter of logic or grammar, the language of the method claims did not impose a specific order on the performance of the method steps, and the specification did not directly or implicitly require a particular order). When an element is claimed using language falling under the scope of 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, 6th paragraph (often broadly referred to as means- (or step-) plus- function language), the specification must be consulted to determine the structure, material, or acts corresponding to the function recited in the claim, and the claimed element is construed as limited to the corresponding structure, material, or acts described in the specification and equivalents thereof. In re Donaldson, 16 F.3d 1189, 29 USPQ2d 1845 (Fed. Cir. 1994) (see MPEP § 2181- MPEP § 2186).
Phillips v. AWH Corp., 415 F.3d 1303, 1323 (Fed. Cir. 2005) (referring to “the danger” of importing claim limitations from the specification). See also Varco, L.P. v. Pason Sys. USA Corp., 436 F.3d 1368, 1373 (Fed. Cir. 2006) (stating how the Federal Circuit “will not at any time” bring in claim limitations from the specification); Comark Commc'ns, Inc. v. Harris Corp., 156 F.3d 1182, 1186-67 (Fed. Cir. 1998) (following that limitations from the specification are not to be read into the claims).
The claims fail to clearly and distinctly define the metes and bound of the inventive subject matter. Applicant appears to be attempting to incorporate limitations from the specification into the claims, which as noted above is improper.
Regarding claim 49, it is not clear of what encompasses and is meant by the limitation “the circulation unit (8), the sensor and/or receiver (4) and the detection device (5) are arranged essentially on a connecting line.” A review of the specification sets forth the term “essentially.” As claimed the term is excessively broad in nature and the meets and bounds of the claimed “essentially” cannot be ascertained by one skilled in the art. The claimed term “essentially” recites relative terminology in the form of an approximation and lacks a claimed standard for determining what constitutes a component being on or off of the claimed “connecting line.” Review of the specification reveals on page 12 “the detection device are arranged essentially on a connecting line, in particular wherein the sensor/receiver has at least one preferred direction through which gas can flow particularly easily and without resistance”, but does not provide any further clarification what constitutes a “essentially” on a connecting line. It suggested applicant amend the claims to be consistent with the disclosed “the circulation unit (8), the sensor and/or receiver (4) and the detection device (5) are arranged essentially on a connecting line” and clearly disclose what the term means “essentially” as it is not clear how the Applicant intends to limit the term based on review of the specification.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 30, 32-33, 36-37, 40-41, and 43 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by BALDI(CN1186245A).
Regarding claim 30, Baldi discloses
A measuring device for electromagnetic waves (“radio detector” [0003]) for a measurement of a variable and/or a signal intensity with compensation of a drift behavior comprising (“thermal drift circuit compensation” [0022]): a hermetic sealed off housing (1, 2, 11, 12), wherein the housing comprises a material suitable for transmitting electromagnetic irradiation in the radio frequency range (“the passive reflector is closed by a second outer lens (17) made of insulating or artificially insulating material transparent to electromagnetic radiation “ [0022]), a sensor and/or receiver (4) for electromagnetic waves (“a unit suitable for generating and receiving electromagnetic radiation,” [0001]), which is arranged in the hermetically sealed off housing (1, 2, 11, 12) (FIG.6, Part 8), comprising an oscillator(FIG.1, Part.4), a detection device (5) (“radio detector is used for long-distance vehicle detection” [0025]), arranged in the hermetically sealed off housing (FIG.6, Part 8) (1, 2, 11, 12), wherein the detection device is configured for detecting, at least one physical parameter, and/or a current oscillation and/or natural frequency of the oscillator(“The temperature control system (6) can be a thermal drift circuit compensation type or a feedback type.” [0022]),a calculation unit (9) configured for compensating drift behavior or to take it into account by calculation (“a system (6) for controlling and maintaining a constant or compensating temperature drifts” [0023]), wherein the physical parameter at least comprises temperature in the hermetic sealed off housing (1, 2, 11, 12) (“In its upper part, the passive reflector is closed by a second outer lens (17) made of insulating or artificially insulating material transparent to electromagnetic radiation and having dimensions greater than those of the inner lens (14).” [0022]), and the calculation unit (9) is configured for compensating oscillator drift by measuring the temperature directly at the oscillator within the hermetic sealed off housing (1, 2, 11, 12) (FIG.3, Part.6).
Regarding claim 32, Baldi discloses
The measuring device of claim 30, wherein the housing (1, 2, 11, 12) comprises a material suitable for protecting against an effect of electromagnetic irradiation in the infrared range on the measuring device (“one or more lenses, which are made of insulating material or artificial insulating material, have a high dielectric constant, can transmit electromagnetic radiation” [0019]).
Regarding claim 33, Baldi discloses
The measuring device of claim 30, wherein the detection device (5) comprises a capacitor and/or a thermoelement and/or a thermal imaging camera and/or a variable resistor and/or a pressure sensor and/or a supply voltage detection unit, individually or in combination, as a measuring element for the physical parameter, wherein the detection device is adapted to detect the temperature as physical parameters (“The temperature control system (6) can be a thermal drift circuit compensation type or a feedback type.” [0022]).
Regarding claim 36, Baldi discloses
The measuring device of claim 30, wherein the calculation unit is arranged to compensate for or computationally take into account the drift behavior based on the detected physical parameter of the environment and/or the current oscillation frequency and/or natural frequency of the oscillator (“The feedback system (6) for regulating the temperature system or compensating for temperature drift has the function of keeping the antenna (5) always at a constant temperature or at least within a certain range” [0025]).
Regarding claim 37, Baldi discloses
The measuring device according of claim 36, wherein the calculation unit is adapted to perform an adjustment of the measuring parameters of the radar unit based on at least one physical parameter (“a system (6) for controlling and maintaining a constant or compensating temperature drifts” [0023]).
Regarding claim 40, Baldi discloses
The measuring device of claim 30, further comprising an electromagnetic wave transmitter and/or emitter (4’) distinct from the electromagnetic wave sensor and/or receiver and adapted to emit a signal in the form of an electromagnetic wave (“using microwave and millimeter wave radio detectors” [0007]), the measuring device further comprising:- a housing of the transmitter (“the passive reflector is closed by a second outer lens (17) made of insulating or artificially insulating material transparent to electromagnetic radiation “ [0022]), wherein the electromagnetic wave transmitter and/or emitter is arranged in the housing of the transmitter (FIG.6, Part 8), - a detection device of the transmitter, which is arranged in the housing of the transmitter (“radio detector is used for long-distance vehicle detection” [0025]), for detecting at least one physical parameter in the housing of the transmitter, the measuring device being arranged to drive drift compensation on the basis of the physical parameter in the housing of the transmitter (The temperature control system (6) can be a thermal drift circuit compensation type or a feedback type.” [0022]), compensating at the received signal on the basis of the physical parameter in the housing of the transmitter (“a system (6) for controlling and maintaining a constant or compensating temperature drifts” [0023]).
Regarding claim 41, Baldi discloses
A method for measuring a variable (“radio detector” [0003]), at least comprising the following steps: Detecting of at least one parameter in hermetic sealed off housing (“The temperature control system (6) can be a thermal drift circuit compensation type or a feedback type.” [0022]). (1, 2, 11, 12) in which a sensor and/or receiver (4) for electromagnetic waves is arranged (“a unit suitable for generating and receiving electromagnetic radiation,” [0001]), The sensor and/or receiver (4) comprising an oscillator (“The housing (28) contains the frequency selection device (24), the feed anode (19) of the Gunn diode and the diode “ [0025]) the at least one parameter comprising at least one physical parameter, and/or a current oscillation and/or natural frequency of the oscillator (“The temperature control system (6) can be a thermal drift circuit compensation type or a feedback type.” [0022]), obtaining the degree to compensate which is suitable for compensating (“a system (6) for controlling and maintaining a constant or compensating temperature drifts” [0023]), on the basis of the parameter, to compensate for a measuring error and/or environmental influence on a measurement result which is based at least in part on the sensor and/or receiver (4) for electromagnetic waves, (“The temperature control system (6) can be a […] feedback type.” [0022]) receiving of a signal in the form of an electromagnetic wave (“a unit suitable for generating and receiving electromagnetic radiation,” [0001]), Compensating the received signal and/or a measure determined based on the received signal based on the calculated compensation and/or compensation function to obtain a compensated signal (“a system (6) for controlling and maintaining a constant or compensating temperature drifts” [0023]), wherein the physical parameter at least comprises temperature in the hermetic sealed off housing (1, 2, 11, 12) (“In its upper part, the passive reflector is closed by a second outer lens (17) made of insulating or artificially insulating material transparent to electromagnetic radiation and having dimensions greater than those of the inner lens (14).” [0022]), and an oscillator drift is compensated by measuring the temperature directly at the oscillator within the hermetic sealed off housing (1, 2, 11, 12) (FIG.3, Part.6).
Regarding claim 43, Baldi discloses
The method of claim 41, further comprising the step of: Sending a signal in the form of an electromagnetic wave (“The invention relates to an obstacle sensor operating by collimating and focusing the transmitted waves,” [0001])
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 31, 42, and 46 are rejected under 35 U.S.C. 103 as being unpatentable over BALDI(CN 1186245A) in view of TIAN(CN109343054A)
Regarding claim 31, BALDI discloses all of the limitations of claim 30. BALDI fails to set forth the circulation unit of claim 31. TIAN teaches in the same field of sensor temperature control. TIAN discloses the device further comprising, a circulation unit (8),wherein the circulation unit (8) is arranged in the housing (1, 2, 11, 12) (“a fan 16” [0051]), and is adapted to effect circulation of ambient air or ambient gas in the housing (1, 2, 11, 12)and/or to promote temperature compensation, air humidity compensation and/or pressure compensation and/or uniform distribution of environmental factors in the housing (1, 2, 11, 12) (“and the heat sink 25 is combined with the fan 16 to dissipate heat from the driver 13 by air cooling” [0051]).
TIAN teaches in the same field of sensor temperature control. 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 BALDI with the teachings of TIAN to incorporate the features of a circulation unit so as to gain the advantage of improving measurement accuracy [0037, TIAN]. 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 42, BALDI discloses all of the limitations of claim 41. BALDI fails to set forth the circulation of ambient air or gas of claim 42. TIAN teaches in the same field of sensor temperature control. TIAN discloses the device further comprising, the step of: Initiating a circulation of ambient air or ambient gas in the housing and/or a temperature compensation in the housing by means of a movable element (“a fan 16” [0051]),wherein the movable element is arranged in the housing and is set up to effect a circulation of ambient air or ambient gas in the housing and/or to promote a temperature compensation in the housing (“and the heat sink 25 is combined with the fan 16 to dissipate heat from the driver 13 by air cooling” [0051]).
TIAN teaches in the same field of sensor temperature control. 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 BALDI with the teachings of TIAN to incorporate the features of a circulation unit so as to gain the advantage of improving measurement accuracy [0037, TIAN]. 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 46, BALDI as modified by TIAN discloses all of the limitations of claim 31. While BALDI discloses a detection device, BALDI fails to set forth a circulation unit. TIAN teaches in the same field of sensor temperature control. TIAN discloses the device wherein, the circulation unit (8) is arranged between a radar sensor frontend and the detection device (FIG.3, Part.16).
TIAN teaches in the same field of sensor temperature control. 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 BALDI with the teachings of TIAN to incorporate the features of a circulation unit is arranged between a radar sensor frontend and a detection device so as to gain the advantage of improving measurement accuracy [0037, TIAN]. 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).
Claim 34 is rejected under 35 U.S.C. 103 as being unpatentable over BALDI(CN 1186245A) in view of HEHN(CN115267648A)
Regarding claim 34, BALDI discloses all of the limitations of claim 30. BALDI fails to set forth supply voltage. HEHN teaches in the same field of sensor temperature control. HEHN discloses the device wherein, wherein the at least one physical parameter further comprises a voltage, the voltage being the supply voltage of the radar unit (“the compensation unit may also take into account the influence of system settings or characteristics such as … supply voltage”[n104])
HEHN teaches in the same field of sensor temperature control. 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 BALDI with the teachings of HEHN to incorporate the features of monitoring supply voltage so as to gain the advantage of improving positioning accuracy [n0032, HEHN]. 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 38, 39, 44, and 45 are rejected under 35 U.S.C. 103 as being unpatentable over BALDI(CN 1186245A) in view of FAN(CN108896989A)
Regarding claim 38, BALDI discloses all of the limitations of claim 30. BALDI fails to set forth the second exterior sensor of claim 38. Fan teaches in the same field of sensor temperature control. Fan discloses the device further comprising, a second sensor (14) arranged on the exterior of the housing (1, 2, 11, 12) and adapted to measure an exterior temperature or irradiation incident on the housing (1, 2, 11, 12) from the exterior (“the humidity measuring device can be on the outer wall or the inner wall of the outer shell of the millimeter wave radar”[0038])to predict a future evolution of the at least one physical parameter inside the housing (1, 2, 11, 12) (“The real-time measurement data is compared and fitted with the data in the standard database to obtain the influencing factors of temperature and humidity on the millimeter wave signal data” [0044])
FAN teaches in the same field of sensor temperature control. 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 BALDI with the teachings of FAN to incorporate the features of an external sensor to predict internal physical parameters so as to gain the advantage of improving real time performance and minimize environmental effects [0070, FAN]. 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 39, BALDI discloses all of the limitations of claim 30. BALDI fails to set forth the distance calculation of claim 39. Fan teaches in the same field of sensor temperature control. Fan discloses the device wherein, the calculation unit (8) is arranged to calculate a distance by multiplying a measured frequency or distance by a compensation factor (“analyzing the influence factor of humidity parameters on millimeter wave radar imaging through a training system includes the step of obtaining the relationship between humidity-transmitted signal-test distance-test surface-received signal.” [0015]), wherein the measured frequency or distance is multiplied by a compensation factor, wherein a compensation function associated with the compensation factor is generated by recording a calibration curve, and linear and quadratic coefficients are derived by an approximation method (“PCA data analysis, thereby determining the influencing factors of temperature and humidity.” [0043]), and the compensation factor is described by a mathematical equation comprising the linear and quadratic coefficients (“The real-time measurement data is compared and fitted with the data in the standard database to obtain the influencing factors” [0044]).
FAN teaches in the same field of sensor temperature control. 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 BALDI with the teachings of FAN to incorporate the features of calculating distance while compensating for temperature so as to gain the advantage of improving real time performance and minimize environmental effects [0070, FAN]. 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 44, BALDI discloses all of the limitations of claim 41. BALDI fails to set forth the computer program of claim 41. Fan teaches in the same field of sensor temperature control. Fan discloses the device comprising, A computer program suitable for causing a computer to perform the method of claim 41 (“The standardized humidity can be set at the factory or modified or set through a program during use.” [0062] & “a computing unit” [0040])
FAN teaches in the same field of sensor temperature control. 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 BALDI with the teachings of FAN to incorporate the features of a computer program so as to gain the advantage of improving real time performance and minimize environmental effects [0070, FAN]. 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 45, BALDI as modified by Fan discloses all of the limitations of claim 44. BALDI fails to set forth the computer readable storage medium of claim 45. Fan teaches in the same field of sensor temperature control. Fan discloses the device comprising, a computer readable storage medium having a memory area comprising the computer program according to of claim 44 (“a memory” [0040])
FAN teaches in the same field of sensor temperature control. 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 BALDI with the teachings of FAN to incorporate the features of a computer readable storage medium so as to gain the advantage of improving real time performance and minimize environmental effects [0070, FAN]. 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 47-49 are rejected under 35 U.S.C. 103 as being unpatentable over BALDI(CN 1186245A) as modified by TIAN(CN109343054A) as applied to claim 31 above, and further in view of HE(CN207397137U)
Regarding claim 47, BALDI as modified by TIAN discloses all of the limitations of claim 31. While BALDI as modified by Tian disclose a detection device and circulation unit, the combination fails to set forth the order disclosed by claim 47. HE teaches in the same field of sensor temperature control. HE discloses the device wherein, the detection device (5) is arranged between the circulation unit (8) and a radar sensor frontend (FIG.1, Parts.1, 3, and 7).
HE teaches in the same field of sensor temperature control. 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 BALDI with as modified by TIAN with the teachings of HE to incorporate the features of the detection device being arranged between the circulation unit and a radar sensor frontend so as to gain the advantage of improving radar front end temperature measurement. 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 48, BALDI as modified by TIAN discloses all of the limitations of claim 31. While BALDI as modified by Tian disclose a detection device and circulation unit, the combination fails to set forth the explicit air flow direction. HE teaches in the same field of sensor temperature control. HE discloses the device wherein, the circulation unit (8) is configured to generate an air flow or gas flow which transports air or gas from the sensor and/or receiver (4) to the detection device (FIG.1, Parts.1, 3, and 7).
TIAN teaches in the same field of sensor temperature control. 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 BALDI with the teachings of TIAN to incorporate the features wherein air flow or gas flow transports air or gas from the sensor and/or receiver to the detection device so as to gain the advantage of improving measurement accuracy [0037, TIAN]. 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 49 BALDI as modified by TIAN discloses all of the limitations of claim 31. While BALDI as modified by Tian disclose a detection device and circulation unit, the combination fails to set forth wherein the radar front end, detection device, and circulation unit are arranged essential on a connecting line. HE teaches in the same field of sensor temperature control. HE discloses the device wherein, the circulation unit (8), the sensor and/or receiver (4) and the detection device (5) are arranged essentially on a connecting line (FIG.1, Parts.1, 3, and 7).
TIAN teaches in the same field of sensor temperature control. 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 BALDI with the teachings of TIAN to incorporate the features wherein the radar front end, detection device, and circulation unit are arranged essential on a connecting line so as to gain the advantage of improving measurement accuracy [0037, TIAN]. 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).
Claim 50 is rejected under 35 U.S.C. 103 as being unpatentable over BALDI(CN 1186245A) in view of Klofer(US7095365B2)
Regarding claim 50, BALDI discloses all of the limitations of claim 30. BALDI fails to set forth a vacuum environment. Klofer teaches in the same field sealed sensor housings. Klofer discloses wherein, a vacuum is created inside the housing (1, 2, 11, 12) (“An advantageous embodiment of the apparatus of the invention is one in which at least one part of the transmitter, housing, or connecting tube is under negative pressure, with the detector unit being a pressure-measuring device, a vacuum switch, and/or a pressure switch” [Col.3, ll.45-50]), and an overpressure inside the housing (1, 2, 11, 12) is greater than 1 atm (“This sealing or encapsulation is especially important when the atmosphere in the container is an aggressive or explosive one” [Col.1, ll.32-34]).
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