DETAILED ACTION
Response to Amendment
Amendment filed on December 12, 2025 has been entered.
Claims 1 and 13 are amended
Claims 1-13 are pending this application.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1, 3-4, and 6-13 are rejected under 35 U.S.C. 103 as being unpatentable over Yi et al (CN 108802789 A) in view of Small (EP1775599A1).
Regarding Claim 1, Yi teaches a device for determining the attitude of a carrier, the carrier comprising [page 4, S14-S24 for attitude of the carrier with a pair of antennas, page 8, paragraphs 2-6]
a GNSS receiver apt to receive GNSS signals from one or a plurality of antennas arranged in known positions with respect to the carrier and defining an apparent phase center [page 4, S14-S24 for attitude of the carrier with a pair of antennas, page 7, paragraphs 1-4],
the GNSS receiver being apt to supply an observable value determined from the received GNSS signals [page 7, tenth paragraph];
the determination device comprising [page 7, paragraphs 8-10]:
- a generation module configured for generating the apparent phase center according to a predetermined control law [page 6 last six paragraphs for using signal processing (control means) with the primary antenna, and page 11, paragraph 1-3 for tracking the phase center spacing for the antennas];
- a control module configured for determining the control law [processing module element 32 for control with computing module element 34];
- wherein a determination module configured for determining an absolute orientation of a vector of interest from at least one observable value supplied by the GNSS receiver and from the control law determined by the control module [page 7, last four paragraphs];
the determination module being further configured for determining at least one component of the attitude of the carrier, from the absolute orientation of the determined vector of interest [page 6, paragraphs 7-11 also page 14, first two paragraphs].
and wherein the movement generation module is configured to generate the movement of the apparent phase center by [page 12, paragraph 11 with page 13, second and third paragraph].
Yi fails to explicitly teach a movement generation module and (i) controlling at least one mechanical actuator of the carrier and/or of at least one antenna to physically displace the apparent phase center according to the control law, or (ii) controlling an electronic radio-frequency multiplexer having a plurality of antenna inputs and a single output, the output being connected to the antenna assigned by the control law.
Small has a system and method for creating high resolution synthesized phase centre movement with minimal antenna elements (abstract) and teaches a movement generation module [0024-0025 for using positing signals to move phase center]
(i) controlling at least one mechanical actuator of the carrier and/or of at least one antenna to physically displace the apparent phase center according to the control law, or [0024-0025 for having movement with synchronization and spatial correlation for phase center in predefined movements]
(ii) controlling an electronic radio-frequency multiplexer having a plurality of antenna inputs and a single output, the output being connected to the antenna assigned by the control law [0024-0025 and 0060].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the satellite position techniques, as disclosed by Yi further including the amplitude calculations as taught by Small for the purpose to measure the antenna synchronization control means offset required to bring the antennas into spatial correlation (Small, 0024).
Regarding Claim 3, Yi teaches the observable value comprises at least one of the geographic velocity coordinates provided by the GNSS receiver [page 6, last two paragraphs, and page 12, last two paragraphs and page 13 first paragraph].
Regarding Claim 4, Yi teaches the carrier comprises at least two antennas, the movement generation module is a switch apt to switch the transmission to the GNSS receiver of the signals received by the antennas, so as to generate an electrical movement of the apparent phase center according to the control law.
Small has a system and method for creating high resolution synthesized phase centre movement with minimal antenna elements (abstract) teaches the carrier comprises at least two antennas [0035-0036, 0057],
the movement generation module is a switch apt to switch the transmission to the GNSS receiver of the signals received by the antennas [0034],
so as to generate an electrical movement of the apparent phase center according to the control law [0035-0036 for synchronized control].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the satellite position techniques, as disclosed by Yi further including the control calculations as taught by Small for the purpose to individually activate and deactivate each RF switch within the RF switch bank (Small, 0036).
Regarding Claim 6, Yi teaches the movement module is able to control at least one mechanical actuator of the carrier and/or of the or each antenna, so as to generate a mechanical movement of the apparent phase center according to the control law [page 16, fourth paragraph].
Regarding Claim 7, Yi teaches said component of the attitude of the carrier corresponds to the heading angle, to the roll angle or to the pitch angle of the carrier [page 13, fifth paragraph].
Regarding Claim 8, Yi teaches the control law defines a displacement of the apparent phase center along a longitudinal axis of the carrier when the determination of the heading and the pitch angles is required [page 13, paragraphs 5-7].
Regarding Claim 9, Yi teaches the control law defines a displacement of the apparent phase center along a transverse axis of the carrier when the determination of the roll angle is required [page 4, S14 to S23 for determining roll angle of the air craft using attitude of the carrier].
Regarding Claim 10, Yi teaches the vector of interest corresponds to the absolute direction of displacement of the apparent phase center [page 14, paragraphs 1-3].
Regarding Claim 11, Yi teaches when the observable value is a measurement of the resolved velocity of the carrier, the vector of interest is determined from the following relationship [page 13 first paragraph]:
V = b(t). (dx, dy, dz)T where SV is a resolved velocity deviation vector [page 13, first three paragraph];
b(t) is a function dependent on the control law [page 13, first paragraph];
(dx, dy, dz)T is the vector of interest [page 13, first paragraph].
Regarding Claim 12, Yi teaches system for assisting with the piloting of a carrier, comprising [page 4, S14-S24, page 8, paragraphs 2-6]:
- a GNSS receiver apt to provide an observable value [page 7, tenth paragraph];
- one or a plurality of antennas arranged in known positions with respect to the carrier and defining an apparent phase center [page 7, paragraphs 1-4];
- a device for determining the attitude of a carrier [page 4, S14-S24].
Regarding Claim 13, Yi teaches method for determining the attitude of a carrier [page 4, S14-S24, page 8, paragraphs 2-6],
the carrier comprising a GNSS receiver apt to receive GNSS signals from one or a plurality of antennas arranged in known positions with respect to the carrier and defining an apparent phase center [page 7, paragraphs 1-4],
the GNSS receiver being apt to supply an observable value determined from the received GNSS signals [page 7, tenth paragraph];
the method comprising [page 7, paragraphs 8-10]:
- determination of a control law of the apparent phase center [processing module element 32 for control with computing module element 34];
- setting the apparent phase center according to the control law [page 6 last six paragraphs for using signal processing (control means) with the primary antenna];
determination of an absolute orientation of a vector of interest from at least one observable value provided by the GNSS receiver and from the control law [page 7, last four paragraphs];
- determination of at least one component of the attitude of the carrier, from the absolute orientation of the determined vector of interest [page 6, paragraphs 7-11 also page 14, first two paragraphs]
and wherein the movement generation module is configured to generate the movement of the apparent phase center by [page 12, paragraph 11 with page 13, second and third paragraph].
Yi fails to explicitly teach a movement generation module and (i) controlling at least one mechanical actuator of the carrier and/or of at least one antenna to physically displace the apparent phase center according to the control law, or (ii) controlling an electronic radio-frequency multiplexer having a plurality of antenna inputs and a single output, the output being connected to the antenna assigned by the control law.
Small has a system and method for creating high resolution synthesized phase centre movement with minimal antenna elements (abstract) and teaches a movement generation module [0024-0025 for using positing signals to move phase center]
(i) controlling at least one mechanical actuator of the carrier and/or of at least one antenna to physically displace the apparent phase center according to the control law, or [0024-0025 for having movement with synchronization and spatial correlation for phase center in predefined movements]
(ii) controlling an electronic radio-frequency multiplexer having a plurality of antenna inputs and a single output, the output being connected to the antenna assigned by the control law [0024-0025 and 0060].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the satellite position techniques, as disclosed by Yi further including the amplitude calculations as taught by Small for the purpose to measure the antenna synchronization control means offset required to bring the antennas into spatial correlation (Small, 0024).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Yi et al (CN 108802789 A) in view of Small (EP1775599A1) as applied to Claim 1 above, and further in view of Revol et al (US 2013/0335264 A1).
Regarding Claim 2, Yi fails to explicitly teach the vector of interest is obtained by measuring the amplitude of a modulation of the observable value, said modulation of the observable value being caused by a periodic setting in movement of the apparent phase center.
Revol has a receiver of satellite signal service for a GNSS location (abstract) and teaches the vector of interest is obtained by measuring the amplitude of a modulation of the observable value [0055],
said modulation of the observable value being caused by a periodic setting in movement of the apparent phase center [0049-0053].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the satellite position techniques, as disclosed by Yi further including the amplitude calculations as taught by Revol for the purpose to determine relative speed between the satellite and the specular reflection plane, in the sighting axis of the satellite which is defined by the unit vector (Revol, 0054).
Claims 5 are rejected under 35 U.S.C. 103 as being unpatentable over Yi et al (CN 108802789 A) in view of Small (EP1775599A1), as applied to Claim 1 above, and further in view of Gerein (US 2005/0012664 A1).
Regarding Claim 5, Yi fails to explicitly teach when the carrier comprises two switched antennas, the control law being a square signal.
Gerein has a GNSS receiver tracks the codes using hardware that locally generates the complex composite signal (abstract) and teaches when the carrier comprises two switched antennas, the control law being a square signal [0053-0055].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the satellite position techniques, as disclosed by Yi further including the square wave calculations as taught by Gerein for the purpose to align the local code to the received code (Gerein, 0055).
Response to Arguments
Applicant’s arguments with respect to claims 1-13 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
On page 12, first paragraph of applicant’s arguments, the applicant states that the references do not teach control law. The examiner respectfully disagrees: New reference Small teaches the motion of phase centers for by using RF switching [Small, 0035-0036].
On page 13, second paragraph of applicant’s arguments, the applicant states that the references do not teach control law with GNSS observables. The examiner respectfully disagrees: Yi teaches the using GNSS adjusted data for carrier phase relative positioning to determine alignment [Li, page 12, 8th paragraph].
On page 13, fourth paragraph of applicant’s arguments, the applicant states that Revol does not teach movement generation. The examiner respectfully disagrees: New reference Small teaches movement generation by using mobile phase centers, displacement of phase centers, and electronic switching across antenna array with phase centers [Small, 0034-0036].
On page 14, first paragraph of applicant’s arguments, the applicant states that Revol does not teach controlled known movement generation. The examiner respectfully disagrees: New reference teaches movement generation with circular movement at for antenna alignment [Small, 0030].
On page 14, last paragraph of applicant’s arguments, the applicant states that Revol does not teach radio frequency multiplexing. The examiner respectfully disagrees: New reference small teaches radio frequency multiplexing by using sequential distribution (multiplex) by electronic switch [Small, 0060 for multiplexing RF front ends].
On page 15, first paragraph of applicant’s arguments, the applicant states that Revol does not teach control law for attitude determination. The examiner respectfully disagrees: New reference Small teaches radio frequency multiplexing by using sequential distribution (multiplex) by electronic switch [Small, 0056].
The examiner acknowledges that this is a broader interpretation than Applicant’s.
However, examiners are not only allowed to apply broad interpretations, but are required to do so, as it reduces the possibility that the claims, once issued, will be interpreted more broadly than is justified. MPEP §2111. Patentability is determined by the “broadest reasonable interpretation
consistent with the specification” (MPEP §2111), not the narrowest reasonable interpretation. And Applicant does not have an explicit lexicographical statement in line with MPEP §2111.01
subsection IV requiring a specific interpretation of the relevant phrases which forces the examiner to interpret them only one way.
The express, implicit, and inherent disclosures of a prior art reference may be relied upon in the rejection of claims under 35 U.S.C. 102 or 103. "The inherent teaching of a prior art reference, a question of fact, arises both in the context of anticipation and obviousness." In re Napier, 55 F.3d 610, 613, 34 USPQ2d 1782, 1784 (Fed. Cir. 1995).
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.
“The use of patents as references is not limited to what the patentees describe as their own inventions or to the problems with which they are concerned. They are part of the literature of the art, relevant for all they contain.” In re Heck, 699 F.2d 1331, 1332-33, 216 USPQ 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006, 1009, 158 USPQ 275, 277 (CCPA 1968)). A reference may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art, including non-preferred embodiments. Merck & Co. v.Biocraft Laboratories, 874 F.2d 804, 10 USPQ2d 1843 (Fed. Cir.), cert. denied, 493 U.S. 975 (1989). See also Upsher-Smith Labs. v. Pamlab, LLC, 412 F.3d 1319, 1323, 75 USPQ2d 1213, 1215 (Fed. Cir. 2005) See MPEP 2123.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMARINA MAKHDOOM whose telephone number is (703)756-1044. The examiner can normally be reached Monday – Thursdays from 8:30 to 5:30 pm eastern time.
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/SAMARINA MAKHDOOM/
Examiner, Art Unit 3648