Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
Claims 11-20 pending.
Response to Remarks
Amendments and remarks filed February 25, 2026 have been fully considered.
Rejections under 35 U.S.C. § 112(b) have been overcome due to amendments filed February 25, 2026.
Argument 1 (Remarks pg. 7): Applicant submits that claim 11 has been amended to require the determination that the third-party radar signal is present.
Response 1: Examiner respectfully disagrees. Claim 11 merely requires a determination (that a second object has not been detected…) upon determining that the third-party radar signal is present. Examiner notes that the broadest reasonable interpretation of a method (or process) claim having contingent limitations requires only those steps that must be performed and does not include steps that are not required to be performed because the condition(s) precedent are not met. In this case, the method claim recites that “determining that a second object… is present” is contingent upon the condition precedent “determining that the third-party radar signal is present.” Because the claimed invention can be practiced without the condition occurring, i.e., when checking the surroundings signal does not result in determining that the third-party radar signal is present, this limitation is not required by the broadest reasonable interpretation of the method claim.
Argument 2 (Remarks pg. 8): Applicant submits that target 215 does not correspond to a second object that has not been detected by the radar sensor based on the radar signal because Gulati teaches detection of target 215 by UE 115-a based on the radar signal 210.
Response 2: Examiner respectfully disagrees. Examiner submits that Gulati teaches that detection of target 215 by UE 115-a based on the radar signal 210 may not occur until after nullification of interference. ([0044] – “the radar received from the interfering UE may be included in the one or more spectrums as a false peak sometimes known as a ghost target or a false peak. In some examples, the false peak may be caused by strong interference and may overwhelm or mask a target peak… This interference may be mistaken by the receiving UE as a target radar return or may mask out the target radar return.” [0077, 94] – “The UE 115-c may receive the interfering FMCW along with the reflected FMCW and, at 430, may generate a frequency spectrum based on the received waveform. In some cases, the UE may generate a range spectrum, a doppler spectrum, a DoA spectrum, or any combination thereof. The spectrum may include a false peak due to a frequency waveform from the UE 115-d and may include a real peak due to the waveform reflected from the target. The UE 115-c may not be able to identify the real target if the interference comprising the false target is strong or is mistaken as radar return.” First object may correspond to identified false target (and unidentified real target may correspond to second object) Therefore, at the time of detection of UE 115-b (corresponding to first object) / at the time of interference identification, the detection of target 215 may not have occurred and target 215 corresponds to a second object that has not been detected by the radar sensor based on the radar signal. Applicant admits “UE 115-a may identify the target 215 based on a radar image after compensating for the interference in the frequency spectrum” at Remarks pg. 8 (underlining is Examiner’s).
Argument 3 (Remarks pg. 8, footnote): Applicant submits that interference caused by signal 205-b does not correspond to a third-party radar signal.
Response 3: Applicant’s argument is considered moot. Examiner has clarified their interpretation that interference caused by the signal 205-b corresponds to presence of / interference due to third-party radar signal. Process of identifying interference corresponds to checking the surroundings signals for third party radar signal.
Claim Rejections - 35 USC § 103
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.
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.
Claim(s) 11, 13, 15, 18, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20220163660 A1 to Gulati et al (hereinafter; “Gulati (‘660)”) in view of US 20190293748 A1 to Gulati (hereinafter; “Gulati (‘748)”).
Regarding claim 11,
Gulati (‘660) teaches:
A method for detecting surroundings of a vehicle, the method comprising:
emitting a radar signal by a radar sensor of the vehicle; (Fig. 2, 4; [0079] – “UE 115-a may transmit the signal 205-a… may be an example of a FMCW radar signal… UE 115-a may be an example of a vehicle”)
receiving the radar signal reflected in the surroundings by the radar sensor; ([0082] – “UE 115-a may… receive reflected radar signal 210 that is reflected by target 215”)
detecting first objects in the surroundings based on (lined through limitations correspond to limitations not taught by reference) received radar signal; ([0044] – “the radar received from the interfering UE may be included in the one or more spectrums as a false peak sometimes known as a ghost target or a false peak. In some examples, the false peak may be caused by strong interference and may overwhelm or mask a target peak… This interference may be mistaken by the receiving UE as a target radar return or may mask out the target radar return.” [0077, 94] – “The UE 115-c may receive the interfering FMCW along with the reflected FMCW and, at 430, may generate a frequency spectrum based on the received waveform. In some cases, the UE may generate a range spectrum, a doppler spectrum, a DoA spectrum, or any combination thereof. The spectrum may include a false peak due to a frequency waveform from the UE 115-d and may include a real peak due to the waveform reflected from the target. The UE 115-c may not be able to identify the real target if the interference comprising the false target is strong or is mistaken as radar return.” First object may correspond to identified false target (and unidentified real target may correspond to second object))
receiving surroundings signals from the surroundings ([0079] – “the signal 205-a and the signal 205-b may interfere with each other or other signals 205. For instance, the UE 115-a may be an example of a vehicle moving towards the UE 115-b. The UE 115-b may be transmitting the signal 205-b (e.g., a FMCW radar signal) at a time or on resources that the UE 115-a is transmitting the signal 205-a. In such examples, the signal 205-b may cause relatively strong interference to the signal 205-a from the UE 115-a (e.g., the signal 205-b may obscure the reception of a reflected signal 210), which may degrade ranging accuracy and object detection (e.g., detection of target 215).”) by the radar sensor; ([0082] – “UE 115-a may receive radar signal 205-b”)
checking the surroundings signals for a presence of a third-party radar signal from a third-party radar sensor of another road user in the surroundings signals; ([0081-82] – “UE 115-a may receive radar signal 205-b… The UE 115-b may transmit an indication of its location to the UE 115-a via the sidelink signaling 220… The UE 115-a, may additionally or alternatively, receive from the UE 115-b, an indication of a set of transmission parameters for a transmit waveform of the signal 205-b… The UE 115-a may utilize the location of the UE 115-b and the set of parameters to identify interference caused by the signal 205-b.” Interference caused by the signal 205-b corresponds to presence of / interference due to third-party radar signal. Process of identifying interference corresponds to checking the surroundings signals for third party radar signal.) and
upon determining that the third-party radar signal is present, determining that an object that has not been detected by the radar sensor based on the radar signal is present in the surroundings. (Examiner notes that the broadest reasonable interpretation of a method (or process) claim having contingent limitations requires only those steps that must be performed and does not include steps that are not required to be performed because the condition(s) precedent are not met. In this case, the method claim recites that “determining that a second object… is present” is contingent upon the condition precedent “determining that the third-party radar signal is present.” Because the claimed invention can be practiced without the condition occurring, i.e., when checking the surroundings signal does not result in determining that the third-party radar signal is present, this limitation is not required by the broadest reasonable interpretation of the method claim. Further, Gulati teaches this limitation as required by the broadest reasonable interpretation of the system claim 20: [0079-89] - "the UE 115-a may receive radar signal 205-b and may also receive reflected radar signal 210 that is reflected by target 215... The spectrum may include a false peak due to a frequency waveform from the UE 115-d and may include a real peak due to the waveform reflected from the target. The UE 115-c may not be able to identify the real target if the interference comprising the false target is strong or is mistaken as radar return… the UE 115-a may determine portions of a frequency spectrum that are caused by interference… Based on identifying that one or more peaks of a frequency spectrum are caused by interference the UE 115-a may null the portions of the frequency spectrum caused by interference such that true targets may be more readily identified” Compensating for portions of a frequency spectrum that are caused by interference from UE 115-b corresponds to a determination that such an object has not been detected, i.e., UE 115-a performs interference compensation in order to better identify an object that has been determined to be masked by the false target. See also rejection under 35 U.S.C. § 112(b).)
Gulati (‘748) teaches:
detecting first objects in the surroundings based on the received radar signal; (Fig. 6; [0091] – “vehicle 620 moving from left to right that emits radar. This vehicle 620 may be an example of a UE 120 as described with reference to FIGS. 1 through 5. The vehicle 620 may encounter other UEs 120 (e.g., vehicles 625 and 630) moving from right to left. Both vehicles 625 and 630 moving from right to left reflect back desired signals 610 and 615, respectively (e.g., based on the radar emitted by the car 620). The vehicle 630 moving from right to left closest to the vehicle 620 moving from left to right may also transmits radar 605 or another type of signal which may act as interference to the vehicle 620 moving from left to right. If the vehicle 630 transmits a radar waveform, the vehicle 620 may not be able to distinguish the interference caused by the radar waveform from a reflected signal indicating a nearby target (e.g., a nearby UE 120, vehicle, structure, interference source, etc.).”)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have applied Gulati (‘748)’s known technique to Gulati (‘660)’s known method ready for improvement to yield predictable results. Such a finding is proper because (1) Gulati (‘660) teaches a base method of detection and discrimination between radar targets and interference based on known parameters of potential interferers; (2) Gulati (‘748) teaches a specific reflection pattern wherein the ego vehicle’s transmitted radar signal explicitly reflects at the interferer; (3) one of ordinary skill in the art would have recognized that applying the known technique would have yielded predictable results and resulted in a system with improved interference nullification; and (4) no additional findings based on the Graham factual inquiries are necessary, in view of the facts of the case under consideration, to explain a conclusion of obviousness (See MPEP 2143).
Regarding claim 13,
Gulati (‘660) in view of Gulati (‘748) teaches the invention as claimed and discussed above.
Gulati (‘660) further teaches:
The method according to claim 11, wherein:
the third-party radar signal in the surroundings signals is identified ([0081] – “The UE 115-a may utilize the location of the UE 115-b and the set of parameters to identify interference caused by the signal 205-b.”) based on at least one of a time profile or a spectrum. ([0081] – “For example, the indication of the location of the UE 115-b may include… an indication of a synchronized transmission timing between the UE 115-a and the UE 115-b… The UE 115-a, may additionally or alternatively, receive from the UE 115-b, an indication of a set of transmission parameters for a transmit waveform of the signal 205-b. In some examples, the transmission parameters may be an example of “chirp” parameters for a cycle of a FMCW radar signal. In some examples, the transmission parameters may include a starting frequency, a bandwidth sweep range (e.g., the waveform may be transmitted across a 1 GHz range, a 1.5 GHz range, among other examples of bandwidth sweep ranges), a sweeping time (e.g., the UE 115-a may complete a bandwidth sweep of the waveform in 2 microseconds, 6 microseconds, 12 microseconds, etc.), a direction of a sweep (e.g., a chirp of the waveform may be directed from a higher frequency to a lower frequency, or vice versa), among other examples of transmission parameters.”)
Regarding claim 15,
Gulati (‘660) in view of Gulati (‘748) teaches the invention as claimed and discussed above.
Gulati (‘660) further teaches:
The method according to claim 11, further comprising:
determining a reception direction of the third-party radar signal by the radar sensor; and ([0041] – “The receiving UE may calculate one or more spectrums (e.g., range, Doppler, or DoA) by receiving radar from the interfering UE and any potential targets and may predict where a false peak may occur on the one or more spectrums using information provided by the one or more indications transmitted by the interfering UE. The receiving UE may adjust a single spectrum or multiple spectrums to compensate for the identified false peak by removing the data points caused by the interference.” DoA of identified false peak corresponds to reception direction of third-party radar signal)
estimating an angular range in which the second object that has not been detected based on the radar signal is located. ([0085] – “Based on compensating for the interference in the frequency spectrum, the UE 115-a may generate a radar image. For example, the UE 115-a may perform a fast Fourier transform (FFT) on each of a number of frequency spectrums to generate a 3D radar image… FFT on a DoA spectrum…” All recitations of “the object that has not been detected…” will be interpreted as any object that had not been detected by the radar sensor during the assumption step of claim 11.)
Regarding claim 18,
Gulati (‘660) in view of Gulati (‘748) teaches the invention as claimed and discussed above.
Gulati (‘660) does not teach the additional elements of the claim.
Gulati (‘748) teaches:
The method according to claim 15, further comprising:
increasing a sensitivity of the radar sensor for the estimated angular range. ([0115] – “In step 910, the UE may choose patterns (e.g., a pattern of waveform parameters, a codeword, etc.) based on which parameters are varied across users. The UE may determine the parameters varied across nearby users based on receiving one or more transmissions indicating this information (e.g., from a centralized base station or broadcast by nearby UEs).”)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have applied Gulati (‘748)’s known technique to Gulati (‘660)’s known method ready for improvement to yield predictable results. Such a finding is proper because (1) Gulati (‘660) teaches a base method of detection and discrimination between radar targets and interference based on known parameters of potential interferers; (2) Gulati (‘748) teaches a specific response to known parameters of potential interferers; (3) one of ordinary skill in the art would have recognized that applying the known technique would have yielded predictable results and resulted in a system with improved interferer parameter determination; and (4) no additional findings based on the Graham factual inquiries are necessary, in view of the facts of the case under consideration, to explain a conclusion of obviousness (See MPEP 2143).
Regarding claim(s) 20,
Claim(s) 20 is/are system claim(s) corresponding to method claim(s) 11. Accordingly, the Examiner’s remarks and application of the prior art with respect to claim(s) 20 are substantially the same as those made above with respect to claim(s) 11.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20220163660 A1 to Gulati et al (hereinafter; “Gulati (‘660)”) in view of US 20190293748 A1 to Gulati (hereinafter; “Gulati (‘748)”) in view of US 20030071749 A1 to Yu.
Regarding claim 12,
Gulati (‘660) in view of Gulati (‘748) teaches the invention as claimed and discussed above.
Gulati (‘660) does not explicitly teach the additional elements of the claim.
US 20030071749 A1 to Yu teaches:
The method according to claim 11, wherein:
the third-party radar signal is reflected by the second object that has not been detected based on the radar signal (Fig. 1; [abstract] – “detecting and tracking a target of interest in the presence of interference, wherein the interference emits interfering signals, includes a receiver for receiving the interfering signals directly from the interference. The receiver also receives reflected signals, wherein the reflected signals is the interfering signals reflected by the target of interest.”) or that the third-party radar signal is emitted by the second object that has not been detected based on the radar signal.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have applied Yu’s known technique to Gulati (‘660)’s known method ready for improvement to yield predictable results. Such a finding is proper because (1) Gulati (‘660) teaches a base method of radar detection of a target of interest while receiving interference; (2) Yu teaches a specific method of radar detection in the presence of interference wherein the interference is received both directly and after reflection at a target of interest; (3) one of ordinary skill in the art would have recognized that applying the known technique would have yielded predictable results and resulted in a more robust system able to account for reflection of interference; and (4) no additional findings based on the Graham factual inquiries are necessary, in view of the facts of the case under consideration, to explain a conclusion of obviousness (See MPEP 2143).
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20220163660 A1 to Gulati et al (hereinafter; “Gulati (‘660)”) in view of US 20190293748 A1 to Gulati (hereinafter; “Gulati (‘748)”) in view of 20190302230 A1 to Sun.
Regarding claim 14,
Gulati (‘660) in view of Gulati (‘748) teaches the invention as claimed and discussed above.
Gulati (‘660) does not explicitly teach the additional elements of the claim.
Sun teaches:
The method according to claim 11, wherein:
the surroundings signals are mixed with a predetermined reference signal to identify the third-party radar signal. ([abstract] – “performing frequency mixing on the signal received by a receiving antenna and the reference signal to obtain an intermediate-frequency controllable signal having a frequency consistent with that of the output signal of the signal source.”)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have applied Sun’s known technique to Gulati (‘660)’s known method ready for improvement to yield predictable results. Such a finding is proper because (1) Gulati (‘660) teaches a base method of radar detection; (2) Sun teaches a specific method of mixing a received signal with a reference signal to obtain an intermediate frequency signal; (3) one of ordinary skill in the art would have recognized that applying the known technique would have yielded predictable results and resulted in a system with improved processing; and (4) no additional findings based on the Graham factual inquiries are necessary, in view of the facts of the case under consideration, to explain a conclusion of obviousness (See MPEP 2143).
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20220163660 A1 to Gulati et al (hereinafter; “Gulati (‘660)”) in view of US 20190293748 A1 to Gulati (hereinafter; “Gulati (‘748)”) in view of US 20190369233 A1 to Niesen.
Regarding claim 16,
Gulati (‘660) in view of Gulati (‘748) teaches the invention as claimed and discussed above.
Gulati (‘660) does not teach the additional elements of the claim.
Niesen teaches:
The method according to claim 15, further comprising:
outputting a control signal for suppressing a movement of the vehicle in the estimated angular range. ([0099] – “At block 480, the primary vehicle 405 may operate the vehicle based on the spatial parameters determined about the secondary vehicle 410. For example, the primary vehicle 405 may initiate one or more commands to ensure that the primary vehicle 405 does not collide with or needlessly impede the movement of the secondary vehicle 410.”)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have applied Niesen’s known technique to Gulati (‘660)’s known method ready for improvement to yield predictable results. Such a finding is proper because (1) Gulati (‘660) teaches a base method of detection and discrimination between radar targets and interference based on known parameters of potential interferers for use in autonomous driving and collision avoidance (see Gulati paras 79, 85); (2) Niesen teaches a specific technique for determining parameters of potential interferers and determination of driving operations based on determined parameters of potential interferers and detected objects; (3) one of ordinary skill in the art would have recognized that applying the known technique would have yielded predictable results and resulted in a system with improved interferer parameter determination; and (4) no additional findings based on the Graham factual inquiries are necessary, in view of the facts of the case under consideration, to explain a conclusion of obviousness (See MPEP 2143).
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20220163660 A1 to Gulati et al in view of US 20190293748 A1 to Gulati (hereinafter; “Gulati (‘748)”) and further in view of US 20200025867 A1 to Chen.
Regarding claim 19,
Gulati (‘660) in view of Gulati (‘748) teaches the invention as claimed and discussed above.
Gulati (‘660) does not explicitly teach the additional elements of the claim.
Chen teaches:
The method according to claim 11, wherein:
the surroundings signals are received during a transmission pause of the radar sensor, during which emission of the radar signal is not carried out. ([abstract] – “suppressing output of the first detecting signal, wherein the first detecting signal is generated with a first frequency, determining whether a first interference signal is detected in the first frequency during the suppressing, responsive to that the first interference signal is detected in the first frequency, generating a second detecting signal with a second frequency, which is different from the first frequency”)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have applied Chen’s known technique to Gulati (‘660)’s known method ready for improvement to yield predictable results. Such a finding is proper because (1) Gulati (‘660) teaches a base method of detection and discrimination between radar targets and interference based on known parameters of potential interferers; (2) Chen teaches a specific technique of suppressing transmission to learn about parameters of potential interferers; (3) one of ordinary skill in the art would have recognized that applying the known technique would have yielded predictable results and resulted in a system with improved interferer parameter determination; and (4) no additional findings based on the Graham factual inquiries are necessary, in view of the facts of the case under consideration, to explain a conclusion of obviousness (See MPEP 2143).
Allowable Subject Matter
Claim 17 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is an examiner’s statement of reasons for indicating allowable subject matter: The closest prior art of record (20220163660 A1 to Gulati et al; US 20190293748 A1 to Gulati; US 20030071749 A1 to Yu; 20190302230 A1 to Sun; US 20190369233 A1 to Niesen; US 20200025867 A1 to Chen) neither teaches nor fairly renders obvious the combinations set forth in claims 17.
Regarding claim 17, the prior art of record does not teach, in combination with the remaining elements of the claim:
checking whether a third object that was detected based on the radar signal is present in the estimated angular range.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
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/JULIANA CROSS/Examiner, Art Unit 3648
/William Kelleher/Supervisory Patent Examiner, Art Unit 3648
Prosecution Insights