DETAILED ACTION
Response to Arguments
Applicant’s arguments filed 10/28/2025 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.
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, 4-7, 9, and 11 are rejected under 35 U.S.C. 103 as being unpatentable over NAKAYAMA(US20200209351A1) in view of TAKEMURA(JP2015072173A) and in further view of IIZUKA(US20200011967A1).
Regarding claim 1, NAKAYAMA discloses
A sensor which detects a position of a living body, the sensor comprising: a transmission antenna which includes N transmission antenna elements (“ a transmission antenna unit including M transmission antenna elements” [0008]), N being a natural number of two or more (“ where M and N are each a natural number greater than or equal to two,” [0008]); a reception antenna which includes M reception antenna elements (“and a reception antenna unit including N reception antenna elements,” [0008]), M being a natural number of two or more;(“ where M and N are each a natural number greater than or equal to two,” [0008]) a transmitter which transmits transmission signals to a measurement target region using the N transmission antenna elements (Fig.1, Parts.12 & 11A); a receiver which receives M reception signals which have been received respectively by the M reception antenna elements (Fig.1, Parts 13 & 11B) and include reflection signals resulting from the transmission signals transmitted respectively from the N transmission antenna elements being reflected by the living body (Fig.1, Parts 11A, 11B & 50); a circuit or computer which calculates first complex transfer functions (“a first complex transfer function calculator that calculates first complex transfer functions using the reception signals measured in the first period” [0045]) obtained by recording an MxN complex transfer function matrix in time series during a first period (“ first complex transfer function matrix H.sub.0” [0115]), from the reception signals received respectively by the M reception antenna elements during a predetermined period (“ Reception unit 13 measures, for a first period “ [0058]), the MxN complex transfer function matrix including complex transfer functions as components, the complex transfer functions each indicating characteristics of propagation between a corresponding one of the N transmission antenna elements and a corresponding one of the M reception antenna elements (“ the first complex transfer functions each indicating a propagation characteristic between the transmission antenna element and one of the N reception antenna elements” [0009]); […]extracts, using the first complex transfer functions and the second complex transfer functions, a living-body component complex transfer function matrix belonging to a predetermined frequency range (“extracting moving body information corresponding to a component related to the moving body by extracting the moving body information corresponding to a predetermined frequency range “ [0029]) corresponding to components affected by one or more vital activities that include at least one of respiration, a heartbeat, or motion of the living body (“at least one of respiration, heartbeat, and body motion of the living body” [0070]); generates a living-body component complex transfer function vector by re-arranging elements of the living-body component complex transfer function matrix (“it is sufficient that a living body-derived component be calculated from second complex transfer function vectors h” [0071]), and calculates a correlation matrix in a frequency direction of the living-body component complex transfer function vector obtained (“ second complex transfer function calculator 15 calculates correlation
matrices” [0083]); […]
NAKAYAMA does not explicitly disclose nor limit wherein a second complex transfer functions are used in a second time period. TAKEMURA discloses the sensor wherein, a second complex transfer functions (“second complex transfer function “ [0009]) during a second period that is not included in the first period (“Based on the complex transfer function matrix H(t) read for each period T, the frequency response calculation unit 108 calculates the time-series change of the complex transfer function matrix H(t) “ [0045]) by performing linear prediction onto the first complex transfer functions to estimate MxN complex transfer functions in time series, the second complex transfer functions being calculated based on the first complex transfer functions which are calculated in time series during the first period (“calculates a second complex transfer function matrix for each frequency by converting a time response of the first complex transfer function matrix into a frequency response” [0007]).
TAKEMURA teaches in the same field of endeavor of living body 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 NAKAYAMA with the teachings of TAKEMURA to incorporate the features of a second complex transfer functions used in a second time period so as to gain the advantage of improving accuracy of position estimation [0111, IIZUKA]. 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).
NAKAYAMA as modified by TAKEMURA does not explicitly disclose nor limit wherein a spectrum function calculator uses both a correlation matrix and a steering vector. IIZUKA teaches in the same field of endeavor of living body detection. IIZUKA discloses the sensor wherein, […]calculates a steering vector constituted by elements corresponding respectively to positions of a plurality of regions into which the measurement target region is divided (“estimation processor 26 can estimate the direction of a transmission wave and the direction of an arriving wave by searching for the maximum value of evaluation function Pmusic(θ) indicated below, based on the MUSIC method and using the calculated steering vector.” [0099]); calculates a spectrum function indicating a likelihood that the living body is present, using the correlation matrix and the steering vector (”For position estimation, an arrival direction estimation algorithm such as multiple signal classification (MUSIC) “); and outputs a position at which the spectrum function indicates a local maximum value as a position of the living body (“estimates the direction or the position in which the moving body is present relative to the estimating device, using the moving body correlation matrix calculated by the moving body correlation matrix calculator” [0041]).
IIZUKA teaches in the same field of endeavor of living body 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 NAKAYAMA as modified by TAKEMURA with the teachings of IIZUKA to incorporate the features of a spectrum function calculator using both a correlation matrix and a steering vector so as to gain the advantage of improving accuracy of direction or position estimation [0033, IIZUKA]. 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 4, NAKAYAMA as modified by TAKEMURA and further modified by IIZUKA discloses all of the limitations of claim 1. NAKAYAMA as modified by TAKEMURA fails to set forth a length of the first period and a length of the second period being equal. IIZUKA teaches in the same field of endeavor of living body detection. IIZUKA discloses sensor wherein, a length of the first period and a length of the second period are equal (“the second period is, for example, a period that is the same as or longer than the first period which corresponds to a cycle derived from an activity of living body” [0120])
IIZUKA teaches in the same field of endeavor of living body 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 NAKAYAMA as modified by TAKEMURA with the teachings of IIZUKA to incorporate the features of a length of the first period and a length of the second period are equal to each other so as to gain the advantage of weakening the influence of instantaneous noise [0033, IIZUKA]. 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 5, NAKAYAMA as modified by TAKEMURA and further modified by IIZUKA discloses all of the limitations of claim 1. NAKAYAMA as modified by TAKEMURA fails to set forth a total length of the first period and the second period being set to a predetermined length. IIZUKA teaches in the same field of endeavor of living body detection. IIZUKA discloses sensor wherein a total length of the first period and the second period is set to a predetermined length according to a type of a vital activity that is a measurement target among the one or more vital activities (“the predetermined interval may be approximately half the cycle derived from living bod” [0072]), and the predetermined length is a length longer than or equal to a cycle of the vital activity that is the measurement target (“Furthermore, the cycle derived from an activity of living body 50 is a living body-derived cycle” [0058])
IIZUKA teaches in the same field of endeavor of living body 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 NAKAYAMA as modified by TAKEMURA with the teachings of IIZUKA to incorporate the features of a total length of the first period and the second period set to a predetermined length so as to gain the advantage of weakening the influence of instantaneous noise [0033, IIZUKA]. 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 6, NAKAYAMA as modified by TAKEMURA and further modified by IIZUKA discloses all of the limitations of claim 1. NAKAYAMA as modified by TAKEMURA fails to set forth a second period after a first period. IIZUKA teaches in the same field of endeavor of living body detection. IIZUKA discloses sensor wherein the second period is a future period after the first period (“the plurality of complex transfer functions recorded sequentially in time series for each of the plurality of subcarriers and each of the M×N combinations, in a second period”[0034]).
IIZUKA teaches in the same field of endeavor of living body 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 NAKAYAMA as modified by TAKEMURA with the teachings of IIZUKA to incorporate the features of a second period after a first period so as to gain the advantage of weakening the influence of instantaneous noise [0033, IIZUKA]. 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 7, NAKAYAMA as modified by TAKEMURA and further modified by IIZUKA discloses all of the limitations of claim 1. NAKAYAMA as modified by TAKEMURA fails to set forth calculating spectrum according to a MUltiple Signal Classification (MUSIC) method. IIZUKA teaches in the same field of endeavor of living body detection. IIZUKA discloses sensor wherein the circuit or computer calculates, as the spectrum function, a spectrum according to a MUltiple Signal Classification (MUSIC) method (“an arrival direction estimation algorithm such as multiple signal classification (MUSIC)” [0095]).
IIZUKA teaches in the same field of endeavor of living body 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 NAKAYAMA as modified by TAKEMURA with the teachings of IIZUKA to incorporate the features of calculating spectrum according to a MUltiple Signal Classification (MUSIC) method so as to gain the advantage of weakening the influence of instantaneous noise [0033, IIZUKA]. 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 9, NAKAYAMA discloses
An estimation method that is performed by a sensor, the sensor including: N transmission antenna elements (“ a transmission antenna unit including M transmission antenna elements” [0008]) and M reception antenna elements (“and a reception antenna unit including N reception antenna elements,” [0008]), N and M each being a natural number of two or more (“ where M and N are each a natural number greater than or equal to two,” [0008]), the estimation method comprising: transmitting transmission signals to a measurement target region using the N transmission antenna elements (Fig.1, Parts.12 & 11A); receiving M reception signals which have been received respectively by the M reception antenna elements (Fig.1, Parts 13 & 11B) and include reflection signals resulting from the transmission signals transmitted respectively from the N transmission antenna elements being reflected by the living body (Fig.1, Parts 11A, 11B & 50); calculating first complex transfer functions (“a first complex transfer function calculator that calculates first complex transfer functions using the reception signals measured in the first period” [0045]) obtained by recording an MxN complex transfer function matrix in time series during a first period (“ first complex transfer function matrix H.sub.0” [0115]), from the reception signals received respectively by the M reception antenna elements during a predetermined period (“ Reception unit 13 measures, for a first period “ [0058]), the MxN complex transfer function matrix including complex transfer functions as components, the complex transfer functions each indicating characteristics of propagation between a corresponding one of the N transmission antenna elements and a corresponding one of the M reception antenna elements (“ the first complex transfer functions each indicating a propagation characteristic between the transmission antenna element and one of the N reception antenna elements” [0009]); […] extracting, using the first complex transfer functions and the second complex transfer functions, a living-body component complex transfer function matrix belonging to a predetermined frequency range (“extracting moving body information corresponding to a component related to the moving body by extracting the moving body information corresponding to a predetermined frequency range “ [0029])corresponding to components affected by one or more vital activities that include at least one of respiration, a heartbeat, or motion of the living body (“at least one of respiration, heartbeat, and body motion of the living body” [0070]); generating a living-body component complex transfer function vector by re-arranging elements of the living-body component complex transfer function matrix (“it is sufficient that a living body-derived component be calculated from second complex transfer function vectors h” [0071]), and calculating a correlation matrix in a frequency direction of the living-body component complex transfer function vector obtained (“ second complex transfer function calculator 15 calculates correlation
matrices” [0083]);
NAKAYAMA does not explicitly disclose nor limit wherein a second complex transfer functions are used in a second time period. TAKEMURA discloses the method wherein, calculating second complex transfer functions (“second complex transfer function “ [0009]) during a second period that is not included in the first period (“Based on the complex transfer function matrix H(t) read for each period T, the frequency response calculation unit 108 calculates the time-series change of the complex transfer function matrix H(t) “ [0045]) by performing linear prediction onto the first complex transfer functions to estimate MxN complex transfer functions in time series the second complex transfer functions being calculated based on the first complex transfer functions which are calculated in time series during the first period(“calculates a second complex transfer function matrix for each frequency by converting a time response of the first complex transfer function matrix into a frequency response” [0007]).
TAKEMURA teaches in the same field of endeavor of living body 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 NAKAYAMA with the teachings of TAKEMURA to incorporate the features of a second complex transfer functions used in a second time period so as to gain the advantage of improving accuracy of position estimation [0111, IIZUKA]. 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).
NAKAYAMA as modified by TAKEMURA does not explicitly disclose nor limit wherein a spectrum function calculator uses both a correlation matrix and a steering vector. IIZUKA teaches in the same field of endeavor of living body detection. IIZUKA discloses the method wherein calculating a steering vector constituted by elements corresponding respectively to positions of a plurality of regions into which the measurement target region is divided (“estimation processor 26 can estimate the direction of a transmission wave and the direction of an arriving wave by searching for the maximum value of evaluation function Pmusic(θ) indicated below, based on the MUSIC method and using the calculated steering vector.” [0099]); calculating a spectrum function indicating a likelihood that the living body is present, using the correlation matrix and the steering vector (”For position estimation, an arrival direction estimation algorithm such as multiple signal classification (MUSIC) “); and outputting a position at which the spectrum function indicates a local maximum value as a position of the living body (“estimates the direction or the position in which the moving body is present relative to the estimating device, using the moving body correlation matrix calculated by the moving body correlation matrix calculator” [0041]).
IIZUKA teaches in the same field of endeavor of living body 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 NAKAYAMA as modified by TAKEMURA with the teachings of IIZUKA to incorporate the features of a second complex transfer functions used in a second time period and a spectrum function calculator using both a correlation matrix and a steering vector so as to gain the advantage of improving accuracy of direction or position estimation [0033, IIZUKA]. 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, NAKAYAMA discloses
A sensor system comprising: a sensor which detects current positions of a living body (FIG.1, Part 10); […] wherein the sensor includes: a transmission antenna which includes N transmission antenna elements (“ a transmission antenna unit including M transmission antenna elements” [0008]), N being a natural number of two or more (“ where M and N are each a natural number greater than or equal to two,” [0008]); a reception antenna which includes M reception antenna elements, M being a natural number of two or more (“and a reception antenna unit including N reception antenna elements,” [0008]); a transmitter which transmits transmission signals to a measurement target region using the N transmission antenna elements (Fig.1, Parts.12 & 11A); a receiver which receives M reception signals which have been received respectively by the M reception antenna elements (Fig.1, Parts 13 & 11B) and include reflection signals resulting from the transmission signals transmitted respectively from the N transmission antenna elements being reflected by the living body (Fig.1, Parts 11A, 11B & 50); circuit or computer which calculates first complex transfer functions obtained by recording an MxN complex transfer function matrix in time series during a first period (“a first complex transfer function calculator that calculates first complex transfer functions using the reception signals measured in the first period” [0045]), from the reception signals received respectively by the M reception antenna elements during a predetermined period (“ Reception unit 13 measures, for a first period “ [0058]), the MxN complex transfer function matrix including complex transfer functions as components, the complex transfer functions each indicating characteristics of propagation between a corresponding one of the N transmission antenna elements and a corresponding one of the M reception antenna elements (“ the first complex transfer functions each indicating a propagation characteristic between the transmission antenna element and one of the N reception antenna elements” [0009]); […]extracts, using the first complex transfer functions and the second complex transfer functions, a living-body component complex transfer function matrix belonging to a predetermined frequency range (“extracting moving body information corresponding to a component related to the moving body by extracting the moving body information corresponding to a predetermined frequency range “ [0029]) corresponding to components affected by one or more vital activities that include at least one of respiration, a heartbeat, or motion of the living body (“at least one of respiration, heartbeat, and body motion of the living body” [0070]); generates a living-body component complex transfer function vector by re-arranging elements of the living-body component complex transfer function matrix (“it is sufficient that a living body-derived component be calculated from second complex
transfer function vectors h” [0071]), and calculates a correlation matrix in a frequency direction of the living-body component complex transfer function vector obtained (“ second complex transfer
function calculator 15 calculates correlation matrices” [0083]); […]
NAKAYAMA does not explicitly disclose nor limit wherein a second complex transfer functions are used in a second time period. TAKEMURA discloses the sensor wherein, calculates second complex transfer functions (“second complex transfer function “ [0009]) during a second period that is not included in the first period (“Based on the complex transfer function matrix H(t) read for each period T, the frequency response calculation unit 108 calculates the time-series change of the complex transfer function matrix H(t) “ [0045])by performing linear prediction onto the first complex transfer functions to estimate MxN complex transfer functions in time series the second complex transfer functions being calculated based on the first complex transfer functions which are calculated in time series during the first period(“calculates a second complex transfer function matrix for each frequency by converting a time response of the first complex transfer function matrix into a frequency response” [0007]).
TAKEMURA teaches in the same field of endeavor of living body 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 NAKAYAMA with the teachings of TAKEMURA to incorporate the features of a second complex transfer functions used in a second time period so as to gain the advantage of improving accuracy of position estimation [0111, IIZUKA]. 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).
NAKAYAMA as modified by TAKEMURA does not explicitly disclose nor limit wherein a server obtains the current positions or wherein a spectrum function calculator uses both a correlation matrix and a steering vector. IIZUKA teaches in the same field of endeavor of living body detection. IIZUKA discloses the sensor system wherein, and a server which sequentially obtains the current positions detected by the sensor from the sensor via a network, and accumulates the current positions obtained sequentially (“it should be obvious that such a program can be distributed via a non-transitory computer-readable recording medium such as CD-ROM or a communication network such as the Internet.” [0130]) […]calculates a steering vector constituted by elements corresponding respectively to positions of a plurality of regions into which the measurement target region is divided (“estimation processor 26 can estimate the direction of a transmission wave and the direction of an arriving wave by searching for the maximum value of evaluation function Pmusic(θ) indicated below, based on the MUSIC method and using the calculated steering vector.” [0099]); calculates a spectrum function indicating a likelihood that the living body is present, using the correlation matrix and the steering vector (”For position estimation, an arrival direction estimation algorithm such as multiple signal classification (MUSIC) “); and a position measurer which outputs a position at which the spectrum function indicates a local maximum value as a position of the living body (“estimates the direction or the position in which the moving body is present relative to the estimating device, using the moving body correlation matrix calculated by the moving body correlation matrix calculator” [0041]).
IIZUKA teaches in the same field of endeavor of living body 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 NAKAYAMA as modified by TAKEMURA with the teachings of IIZUKA to incorporate the features of a second complex transfer functions used in a second time period and a spectrum function calculator using both a correlation matrix and a steering vector so as to gain the advantage of improving accuracy of direction or position estimation [0033, IIZUKA]. 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 2-3, 10, and 12 are rejected under 35 U.S.C. 103 as being unpatentable over NAKAYAMA(US20200209351A1) in view of TAKEMURA(JP2015072173A), and in further view of IIZUKA(US20200011967A1) and Laghezza(US20210018592A1).
Regarding claim 2, NAKAYAMA discloses
A sensor which detects a position of a living body, the sensor comprising: a transmission antenna which includes N transmission antenna elements (“ a transmission antenna unit including M transmission antenna elements” [0008]), N being a natural number of two or more (“ where M and N are each a natural number greater than or equal to two,” [0008]); a reception antenna which includes M reception antenna elements (“and a reception antenna unit including N reception antenna elements,” [0008]), M being a natural number of two or more (“and a reception antenna unit including N reception antenna elements,” [0008]); a transmitter which transmits transmission signals to a measurement target region using the N transmission antenna elements (Fig.1, Parts.12 & 11A); a receiver which receives M reception signals which have been received respectively by the M reception antenna elements and include reflection signals resulting from the transmission signals transmitted respectively from the N transmission antenna elements being reflected by the living body (Fig.1, Parts 11A, 11B & 50); a circuit or computer which calculates first complex transfer functions (“a first complex transfer function calculator that calculates first complex transfer
functions using the reception signals measured in the first period” [0045]) obtained by recording an MxN complex transfer function matrix in time series during a first period (“ first complex transfer
function matrix H.sub.0” [0115]), from the reception signals received respectively by the M reception antenna elements during a predetermined period (“ Reception unit 13 measures, for a first period “ [0058]), the MxN complex transfer function matrix including complex transfer functions as components, the complex transfer functions each indicating characteristics of propagation between a corresponding one of the N transmission antenna elements and a corresponding one of the M reception antenna elements (“ the first complex transfer functions each indicating a propagation characteristic between the transmission antenna element and one of the N reception antenna elements” [0009]); […]generates, from the first complex transfer functions and the second complex transfer functions, S third complex transfer functions in mutually different S periods, S being a natural number of two or more (“multiplying a pair of the eigenvectors for which eigenvalues are largest with the first complex transfer functions to calculate a third complex
transfer function”[0041]); extracts, using the S third complex transfer functions, a living-body component complex transfer function matrix belonging to a predetermined frequency range (“extracting moving body information corresponding to a component related to the moving body by extracting the moving body information corresponding to a predetermined frequency range “ [0029]) corresponding to components affected by one or more vital activities that include at least one of respiration, a heartbeat, or motion of the living body (“at least one of respiration, heartbeat, and body motion of the living body” [0070]); generates a living-body component complex transfer function vector by re-arranging elements of the living-body component complex transfer function matrix (“it is sufficient that a living body-derived component be calculated from second complex transfer function vectors h” [0071]), and calculates a correlation matrix in a frequency direction of the living-body component complex transfer function vector obtained (“ second complex transfer function calculator 15 calculates correlation matrices” [0083]);
NAKAYAMA does not explicitly disclose nor limit wherein a second complex transfer functions are used in a second time period. TAKEMURA discloses the sensor wherein, calculates second complex transfer functions (“second complex transfer function “ [0009]) during a second period that is not included in the first period (“Based on the complex transfer function matrix H(t) read for each period T, the frequency response calculation unit 108 calculates the time-series change of the complex transfer function matrix H(t) “ [0045]) by performing linear prediction onto the first complex transfer functions to estimate MxN complex transfer functions in time series the second complex transfer functions being calculated based on the first complex transfer functions which are calculated in time series during the first period (“calculates a second complex transfer function matrix for each frequency by converting a time response of the first complex transfer function matrix into a frequency response” [0007]).
TAKEMURA teaches in the same field of endeavor of living body 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 NAKAYAMA with the teachings of TAKEMURA to incorporate the features of a second complex transfer functions used in a second time period so as to gain the advantage of improving accuracy of position estimation [0111, IIZUKA]. 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).
NAKAYAMA as modified by TAKEMURA does not explicitly disclose nor limit wherein a spectrum function calculator uses both a correlation matrix and a steering vector. IIZUKA teaches in the same field of endeavor of living body detection. IIZUKA discloses the sensor wherein, calculates SxK extended steering vectors by calculating S steering vectors constituted by elements corresponding respectively to positions of a plurality of regions into which the measurement target region is divided (“estimation processor 26 can estimate the direction of a transmission wave and the direction of an arriving wave by searching for the maximum value of evaluation function Pmusic(θ) indicated below, based on the MUSIC method and using the calculated steering vector.” [0099]); […]calculates, using the correlation matrix and the SxK extended steering vectors, SxK extended spectrum functions indicating a likelihood that the living body is present using, as variables, the positions of the plurality of regions and the k discrete values (”For position estimation, an arrival direction estimation algorithm such as multiple signal classification (MUSIC) “);calculates, for each of the K discrete values, a corresponding one of K combined spectrum functions by combining S extended spectrum functions calculated using the k discrete values as variables among the SxK extended spectrum functions (“estimation processor 26 can estimate the direction of a transmission wave and the direction of an arriving wave by searching for the maximum value of evaluation function Pmusic(θ) indicated below, based on the MUSIC method and using the calculated steering vector.” [0099]); and outputs a position at which one of the K combined spectrum functions indicates a local maximum value, and outputs a k discrete value that indicates the local maximum value as a mapping variable of the living body (“estimates the direction or the position in which the moving body is present relative to the estimating device, using the moving body correlation matrix calculated by the moving body correlation matrix calculator” [0041]).
IIZUKA teaches in the same field of endeavor of living body 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 NAKAYAMA as modified by TAKEMURA with the teachings of IIZUKA to incorporate the features of a second complex transfer functions used in a second time period, an individual spectrum combiner, and a spectrum function calculator using both a correlation matrix and a steering vector so as to gain the advantage of improving accuracy of direction or position estimation [0033, IIZUKA]. 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).
NAKAYAMA as modified TAKEMURA and further modified by IIZUKA by does not explicitly disclose nor limit wherein the steering vector calculator preforms mapping onto each of the S steering vectors. Laghezza teaches in the same field of endeavor of object detection. Laghezza discloses the sensor wherein, parameterizing each of the S steering vectors with a mapping variable that takes one of K discrete values to generate the SxK extended steering vectors, K being a natural number of two or more (“This determination can be made by checking if an inner product of the neighbors’ steering vectors is within the radar sensor's azimuthal angular resolution “ [0042]).
Laghezza teaches in the same field of endeavor of object 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 NAKAYAMA as modified by TAKEMURA and further modified by IIZUKA with the teachings of Laghezza to incorporate the features of mapping onto each of the S steering vectors so as to gain the advantage of reducing the number of antenna required [0017, Laghezza]. 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, NAKAYAMA as modified by TAKEMURA and further modified by IIZUKA and Laghezza discloses all of the limitations of claim 2. NAKAYAMA as modified by TAKEMURA and further modified by IIZUKA fails to set forth mapping variables being discrete K velocities. Laghezza teaches in the same field of endeavor of object detection. Laghezza discloses sensor wherein, the k discrete values are discrete K velocities (“With a sufficient system velocity resolution, the difference between a direct reflection velocity component and a multipath velocity component can be used to retrieve and elevation angle and thus the height of the object.” [0021])
Laghezza teaches in the same field of endeavor of object 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 NAKAYAMA as modified by TAKEMURA and further modified by IIZUKA with the teachings of Laghezza to incorporate the features of mapping variables being discrete K velocities so as to gain the advantage of reducing the number of antenna required [0017, Laghezza]. 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, NAKAYAMA discloses
An estimation method that is performed by a sensor, the sensor including: N transmission antenna elements (“ a transmission antenna unit including M transmission antenna elements” [0008]) and M reception antenna elements (“and a reception antenna unit including N reception antenna elements,” [0008]), N and M each being a natural number of two or more (“ where M and N are each a natural number greater than or equal to two,” [0008]), the estimation method comprising: transmitting transmission signals to a measurement target region using the N transmission antenna elements (Fig.1, Parts.12 & 11A); receiving M reception signals which have been received respectively by the M reception antenna elements and include reflection signals resulting from the transmission signals transmitted respectively from the N transmission antenna elements being reflected by the living body (Fig.1, Parts 11A, 11B & 50); calculating first complex transfer functions obtained by recording an MxN complex transfer function matrix in time series during a first period (“a first complex transfer function
calculator that calculates first complex transfer functions using the reception signals measured in the first period” [0045]), from the reception signals received respectively by the M reception antenna elements during a predetermined period (“ Reception unit 13 measures, for a first period “ [0058]), the MxN complex transfer function matrix including complex transfer functions as components, the complex transfer functions each indicating characteristics of propagation between a corresponding one of the N transmission antenna elements and a corresponding one of the M reception antenna elements (“ the first complex transfer functions each indicating a propagation characteristic between the transmission antenna element and one of the N reception antenna elements” [0009]); […] generating, from the first complex transfer functions and the second complex transfer functions, S third complex transfer functions in mutually different S periods, S being a natural number of two or more (“multiplying a pair of the eigenvectors for which eigenvalues are largest with the first complex transfer functions to calculate a third complex transfer function”[0041]); extracting, using the S third complex transfer functions, a living-body component complex transfer function matrix belonging to a predetermined frequency range (“extracting moving body information corresponding to a component related to the moving body by extracting the moving body information corresponding to a predetermined frequency range “ [0029]) corresponding to components affected by one or more vital activities that include at least one of respiration, a heartbeat, or motion of the living body (“at least one of respiration, heartbeat, and body motion of the living body” [0070]); generating a living-body component complex transfer function vector by re-arranging elements of the living-body component complex transfer function matrix (“it is sufficient that a living body-derived component be calculated from second complex transfer function vectors h” [0071]), and calculating a correlation matrix in a frequency direction of the living-body component complex transfer function vector obtained (“ second complex
transfer function calculator 15 calculates correlation matrices” [0083]);
NAKAYAMA does not explicitly disclose nor limit wherein a second complex transfer functions are used in a second time period. TAKEMURA discloses the method wherein, calculating second complex transfer functions (“second complex transfer function “ [0009]) during a second period that is not included in the first period (“Based on the complex transfer function matrix H(t) read for each period T, the frequency response calculation unit 108 calculates the time-series change of the complex transfer function matrix H(t) “ [0045]) by performing linear prediction onto the first complex transfer functions to estimate MxN complex transfer functions in time series, the second complex transfer functions being calculated based on the first complex transfer functions which are calculated in time series during the first period (“calculates a second complex transfer function matrix for each frequency by converting a time response of the first complex transfer function matrix into a frequency response” [0007]).
TAKEMURA teaches in the same field of endeavor of living body 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 NAKAYAMA with the teachings of TAKEMURA to incorporate the features of a second complex transfer functions used in a second time period so as to gain the advantage of improving accuracy of position estimation [0111, IIZUKA]. 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).
NAKAYAMA as modified by TAKEMURA does not explicitly disclose nor limit wherein a spectrum function calculator uses both a correlation matrix and a steering vector. IIZUKA teaches in the same field of endeavor of living body detection. IIZUKA discloses the method wherein, calculating SxK extended steering vectors by calculating S steering vectors constituted by elements corresponding respectively to positions of a plurality of regions into which the measurement target region is divided (“estimation processor 26 can estimate the direction of a transmission wave and the direction of an arriving wave by searching for the maximum value of evaluation function Pmusic(θ) indicated below, based on the MUSIC method and using the calculated steering vector.” [0099]) […]calculating, using the correlation matrix and the SxK extended steering vectors, SxK extended spectrum functions indicating a likelihood that the living body is present using, as variables, the positions of the plurality of regions and the K discrete values (”For position estimation, an arrival direction estimation algorithm such as multiple signal classification (MUSIC)“); calculating, for each of the K discrete values, a corresponding one of K combined spectrum functions by combining S extended spectrum functions calculated using the k discrete values as variables among the SxK extended spectrum functions (“estimation processor 26 can estimate the direction of a transmission wave and the direction of an arriving wave by searching for the maximum value of evaluation function Pmusic(θ) indicated below, based on the MUSIC method and using the calculated steering vector.” [0099]); and outputting a position at which one of the K combined spectrum functions indicates a local maximum value, and outputting a k discrete values that indicates the local maximum value as a mapping variable of the living body (“estimates the direction or the position in which the moving body is present relative to the estimating device, using the moving body correlation matrix calculated by the moving body correlation matrix calculator” [0041]).
IIZUKA teaches in the same field of endeavor of living body 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 NAKAYAMA as modified by TAKEMURA with the teachings of IIZUKA to incorporate the features of a second complex transfer functions used in a second time period, an individual spectrum combiner, and a spectrum function calculator using both a correlation matrix and a steering vector so as to gain the advantage of improving accuracy of direction or position estimation [0033, IIZUKA]. 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).
NAKAYAMA as modified TAKEMURA and further modified by IIZUKA by does not explicitly disclose nor limit wherein the steering vector calculator preforms mapping onto each of the S steering vectors. Laghezza teaches in the same field of endeavor of object detection. Laghezza discloses the method wherein parameterizing each of the S steering vectors with a mapping variable that takes one of K discrete values to generate the SxK extended steering vectors, K being a natural number of two or more (“This determination can be made by checking if an inner product of the neighbors’ steering vectors is within the radar sensor's azimuthal angular resolution “ [0042])
Laghezza teaches in the same field of endeavor of object 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 NAKAYAMA as modified by TAKEMURA and further modified by IIZUKA with the teachings of Laghezza to incorporate the features of mapping onto each of the S steering vectors so as to gain the advantage of reducing the number of antenna required [0017, Laghezza]. 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, NAKAYAMA discloses
A sensor system comprising: a sensor which detects current positions of a living body (FIG.1, Part 10);[…] wherein the sensor is a sensor which identifies the current positions of the living body and includes: a transmission antenna which includes N transmission antenna elements (“ a transmission antenna unit including M transmission antenna elements” [0008]), N being a natural number of two or more (“ where M and N are each a natural number greater than or equal to two,” [0008]); a reception antenna which includes M reception antenna elements, M being a natural number of two or more (“and a reception antenna unit including N reception antenna elements,” [0008]); a transmitter which transmits transmission signals to a measurement target region using the N transmission antenna elements (Fig.1, Parts.12 & 11A); a receiver which receives M reception signals which have been received respectively by the M reception antenna elements and include reflection signals resulting from the transmission signals transmitted respectively from the N transmission antenna elements being reflected by the living body (Fig.1, Parts 11A, 11B & 50); a circuit or computer calculates first complex transfer functions (“a first complex transfer function calculator that calculates first complex transfer functions using the reception signals measured in the first period” [0045]) obtained by recording an MxN complex transfer function matrix in time series during a first period (“ first complex transfer function matrix H.sub.0” [0115]), from the reception signals received respectively by the M reception antenna elements during a predetermined period (“ Reception unit 13 measures, for a first period “ [0058]), the MxN complex transfer function matrix including complex transfer functions as components, the complex transfer functions each indicating characteristics of propagation between a corresponding one of the N transmission antenna elements and a corresponding one of the M reception antenna elements (“ the first complex transfer functions each indicating a propagation characteristic between the transmission antenna element and one of the N reception antenna elements” [0009]); […] generates, from the first complex transfer functions and the second complex transfer functions, S third complex transfer functions in mutually different S periods, S being a natural number of two or more (“multiplying a pair of the eigenvectors for which eigenvalues are largest with the first complex transfer functions to calculate a third complex transfer function”[0041]); extracts, using the S third complex transfer functions, a living-body component complex transfer function matrix belonging to a predetermined frequency range (“extracting moving body information corresponding to a component related to the moving body by extracting the moving body information corresponding to a predetermined frequency range “ [0029]) corresponding to components affected by one or more vital activities that include at least one of respiration, a heartbeat, or motion of the living body (“at least one of respiration, heartbeat, and body motion of the living body” [0070]); generates a living-body component complex transfer function vector by re-arranging elements of the living-body component complex transfer function matrix (“it is sufficient that a living body-derived component be calculated from second complex transfer function vectors h” [0071]), and calculates a correlation matrix in a frequency direction of the living-body component complex transfer function vector obtained (“ second complex transfer function calculator 15 calculates correlation matrices” [0083]);
NAKAYAMA does not explicitly disclose nor limit wherein a second complex transfer functions are used in a second time period. TAKEMURA discloses the sensor wherein, calculates second complex transfer functions (“second complex transfer function “ [0009]) during a second period that is not included in the first period (“Based on the complex transfer function matrix H(t) read for each period T, the frequency response calculation unit 108 calculates the time-series change of the complex transfer function matrix H(t) “ [0045]) by performing linear prediction onto the first complex transfer functions to estimate MxN complex transfer functions in time series the second complex transfer functions being calculated based on the first complex transfer functions which are calculated in time series during the first period (“calculates a second complex transfer function matrix for each frequency by converting a time response of the first complex transfer function matrix into a frequency response” [0007]).
TAKEMURA teaches in the same field of endeavor of living body 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 NAKAYAMA with the teachings of TAKEMURA to incorporate the features of a second complex transfer functions used in a second time period so as to gain the advantage of improving accuracy of position estimation [0111, IIZUKA]. 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).
NAKAYAMA as modified by TAKEMURA does not explicitly disclose nor limit wherein a spectrum function calculator uses both a correlation matrix and a steering vector. IIZUKA teaches in the same field of endeavor of living body detection. IIZUKA discloses the sensor system wherein, a server which sequentially obtains the current positions detected by the sensor from the sensor via a network, and accumulates the current positions obtained sequentially (“it should be obvious that such a program can be distributed via a non-transitory computer-readable recording medium such as CD-ROM or a communication network such as the Internet.” [0130]) […]SxK extended steering vectors by calculating S steering vectors constituted by elements corresponding respectively to positions of a plurality of regions into which the measurement target region is divided (“estimation processor 26 can estimate the direction of a transmission wave and the direction of an arriving wave by searching for the maximum value of evaluation function Pmusic(θ) indicated below, based on the MUSIC method and using the calculated steering vector.” [0099]) […];calculates, using the correlation matrix and the SxK extended steering vectors, SxK extended spectrum functions indicating a likelihood that the living body is present using, as variables, the positions of the plurality of regions and the K discrete values (”For position estimation, an arrival direction estimation algorithm such as multiple signal classification (MUSIC) “); calculates, for each of the K discrete values, a corresponding one of K combined spectrum functions by combining S extended spectrum functions calculated using the K discrete values as variables among the SxK extended spectrum functions (“estimation processor 26 can estimate the direction of a transmission wave and the direction of an arriving wave by searching for the maximum value of evaluation function Pmusic(θ) indicated below, based on the MUSIC method and using the calculated steering vector.” [0099]); and outputs a position at which one of the K combined spectrum functions indicates a local maximum value, and outputs a K discrete values that indicates the local maximum value as a mapping variable of the living body(“estimates the direction or the position in which the moving body is present relative to the estimating device, using the moving body correlation matrix calculated by the moving body correlation matrix calculator” [0041]).
IIZUKA teaches in the same field of endeavor of living body 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 NAKAYAMA as modified by TAKEMURA with the teachings of IIZUKA to incorporate the features of a second complex transfer functions used in a second time period, an individual spectrum combiner, and a spectrum function calculator using both a correlation matrix and a steering vector so as to gain the advantage of improving accuracy of direction or position estimation [0033, IIZUKA]. 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).
NAKAYAMA as modified TAKEMURA and further modified by IIZUKA by does not explicitly disclose nor limit wherein the steering vector calculator preforms mapping onto each of the S steering vectors. Laghezza teaches in the same field of endeavor of object detection. Laghezza discloses the sensor system wherein, parameterizing each of the S steering vectors with a mapping variable that takes one of K discrete values to generate the SxK extended steering vectors, K being a natural number of two or more (“This determination can be made by checking if an inner product of the neighbors’ steering vectors is within the radar sensor's azimuthal angular resolution “ [0042])
Laghezza teaches in the same field of endeavor of object 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 NAKAYAMA as modified by TAKEMURA and further modified by IIZUKA with the teachings of Laghezza to incorporate the features of mapping onto each of the S steering vectors so as to gain the advantage of reducing the number of antenna required [0017, Laghezza]. 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 8 is rejected under 35 U.S.C. 103 as being unpatentable over NAKAYAMA(US20200209351A1) as modified by TAKEMURA(JP2015072173A) and IIZUKA(US20200011967A1) as applied to claim 1 above, and further in view of KANEMOTO (JP2012132846A).
Regarding claim 8, NAKAYAMA as modified by TAKEMURA and further modified by IIZUKA discloses all of the limitations of claim 1. NAKAYAMA as modified TAKEMURA and further modified by IIZUKA fails to set forth the system of claim 8. KANEMOTO teaches in the same field of endeavor of radar detection and estimation systems. KANEMOTO discloses sensor wherein, the circuit or computer, in calculating the second complex transfer functions, performs linear prediction using an autoregressive (AR) model (“the coefficients are calculated based on a linear expression representing an autoregressive model in a spectral estimation method using the autoregressive mode” [0011]).
KANEMOTO teaches in the same field of endeavor of radar detection and estimation systems. 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 NAKAYAMA as modified by TAKEMURA and further modified by IIZUKA with the teachings of KANEMOTO to incorporate the features of linear prediction using an autoregressive (AR) model so as to gain the advantage of improving the accuracy of azimuth estimation without increasing the number of acquired channels [0005, KANEMOTO]. 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).
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