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 .
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 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.
DETAILED ACTION
Claims status
Claims 35-49 pending as the applicant filed preliminary amendment on 07/12/2023.
Claim Rejections - 35 USC § 112
2. The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 35-49 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claims 35-49, the term “raw data” is vague and a relative term that renders the claim indefinite. The term “raw data” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably appraised of the scope of the invention. An artisan doing measuring and testing would not know at what point “raw data” within the scope of the claim had been accomplished because nothing within the disclosure establishes when a sufficient “raw data” occurs.
Note: In view of the PTO compact prosecution, the Examiner notes that due to the indefiniteness issues described above all consideration of the merits of the claims in view of prior art is as best understood.
Citation of Relevant Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. See MPEP 707.05. Although the prior art discloses several unclaimed, some claimed limitation. The closest Prior Art of record are considered to be defined by:
Josefsberg (US 10404261 B1) described a system for detecting the surrounding environment of vehicle comprising a RADAR unit and at least one ultra-lowphase-noise frequency synthesizer, is provided. A RADAR unit configured for detecting the presence and characteristics of one or more objects in various directions. The RADAR unit may include a transmitter for transmitting at least one radio signal, and a receiver for receiving the at least one radio signalreturned from the one or more objects. The ultra-lowphase-noisefrequency synthesizer may utilize a dual loop design comprising one main PLL and one sampling PLL, where the main PLL might include a DDS or Fractional-N PLL plus a variable divider, or the synthesizer may utilize a sampling PLL only, to reduce phase-noise from the returned radio signal. This system enhances the detection of the exact location of the vehicle based on the received RADAR signatures of objects, azimuth and distance.
Taylo (US 10991242 B2) described a secure vehicle navigational system managing recorded vehicular and human movements transmitting encrypted communications between secure interconnected devices configured along road-ways within network-topology of two or more domains interconnected within a configured infrastructure communicating with a plurality of encrypted telemetry communication devices con figured within or attached to vehicular apparatus and humans, recording received and transmitted data-content between interconnected ecomm-devices and navigational command centers, continuous calculating forecasted positional phase-change positional points determined from a plurality of algorithms and techniques, map tracking a plurality of mechanisms, performing a plurality of calculations comprised of spatial density in proportion to velocity changes, analyzing a plurality of detected guidance drive-ability and interoperability factors, forecasting programmed space time position compared with future time in space positions from a configured subnaysys network-topology, navigational directives and communications are viewable and audibly heard on a augmented VIR Inter-Face, and other embodiments are claimed and described.
Lavian (US 20210208272 A1) described a system for detecting the surrounding environment of a vehicle comprising: at least first sensor, configured to obtain data, the at least first sensor comprising: A) a transmitter for transmitting at least one radio signal to the one or more objects within the surrounding environment; B) a receiver for receiving the at least one radio signal returned from the one or more objects; and C) at least one ultra-low phase noise frequency synthesizer configured to determine phase noise and quality of the transmitted and the received at least one radio signal, wherein the at least one ultra-low phase noise frequency synthesizer comprises at least one sampling Phase Locked Loop (PLL) and at least one main PLL, said Sampling PLL comprises a sampling phase detector and said main PLL comprises a high frequency digital phase/frequency detector; and a processing unit coupled to the at least first sensor configured to; a) gather, electro-magnetic information about the one or more objects; b) classify or recognize each of the one or more objects by analyzing the data, wherein the classification or recognition is based on a unique signature obtained from each of the one or more objects; c) generate an electromagnetic map of the surrounding environment by utilizing unique signatures of the one or more objects; and d) combine the electromagnetic map with a geographical map or physical map.
JUMBE (US 20210345939 A1) described a sensing system comprising a a hand-held sensing device with a vibracoustic sensor module (VSM). The VSM comprises a voice coil component comprising a coil holder supporting wire windings; a magnet component comprising a magnet supported by a frame, a magnet gap configured to receive at least a portion of the voice coil component in a spaced and moveable manner; a connector connecting the voice coil component to the magnet component, the connector being compliant and permitting relative movement of the voice coil component and the magnet component; a diaphragm configured to induce a movement of the voice coil component in the magnet gap responsive to incident acoustic waves; a housing for retaining the vibroacoustic sensor module having a handle end and a sensor end, the sensor end having an opening, the VSM positioned such that at least a portion of the diaphragm extends across the opening.
Lavian (US 20220043108 A1) described an object detection system in a surrounding environment of a vehicle. The detection system comprising, a radar, and a processing unit. The radar comprising a transmitter, a receiver, and an ultra-low phase-noise frequency synthesizer. The detection system gathers electromagnetic data of the objects from radio signal received by the receiver; classify each of the objects by analyzing the gathered electromagnetic data; continuously compare classifications and object detections to immediate past classifications and object detections, and to previously classified and detected objects; continuously validate current, immediate past, and past object detections; generate a three-dimensional electromagnetic-map of the surrounding environment by utilizing the electromagnetic signatures of each of the classified objects; and reclassify objects and combine the generated three-dimensional electromagnetic map with one of a geographical-map, a physical map, or a combination thereof to determine a direction and a distance of each of the one or more classified objects from the system.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 35-49 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Claim 35, Step 1 the claim is a process (or machine) (Yes),
Step 2A Prong One, does the claim recite an abstract idea? current claim related to a method for detecting an object, the method comprising the steps of:
applying a plurality of electromagnetic pulses of a ground penetrating radar to a location of interest; receiving a plurality of reflected electromagnetic pulses by said ground penetrating radar as a raw data; organizing the raw data as sequential time ensembles and sequential space ensembles; forming a first output matrix by: calculating first time ensemble correlation functions between time ensembles having a distance of one vector apart; calculating first space ensemble correlation functions between sequential space ensembles having a distance of one vector apart; organizing the time ensemble correlation functions and space ensemble correlation functions into a first output matrix where the sequential time ensemble correlation functions are in a first column dimension and sequential space ensemble correlation functions are in a second row dimension; forming multiple subsequent output matrices by assigning a sequence number (n) vectors apart to the output matrix: calculating time ensemble correlation functions between time ensembles having a distance of the sequence number (n) vectors apart; calculating space ensemble correlation functions between sequential space ensembles having a distance of the sequence number (n) which is an abstract idea of mental process (MPEP 2106.04(a)) or data gathering equivalent to mathematical concept or mathematical manipulation function (MPEP 2106.04 (a) (2) (concept need not be expressed in mathematical symbols, because "[w]ords used in a claim operating on data to solve a problem can serve the same purpose as a formula), (OR Mathematical Concepts and Mental Processes) Step 2A Prong One: Yes.
Step 2A Prong Two, is the claim directed to an abstract idea? In other words, does claim recite additional elements that integrate the Judicial Exception into a practical application? the additional elements of applying a functions change sensitivity method between the first output matrix and any of the subsequent output matrices, while increasing the distance between time ensembles and space ensembles by sequence number (n) vectors apart until the correlations are lost, thereby detecting the presence, size, and location of an object shown by changes in the correlation functions are recited at a high level of generality and merely amount to a particular field of use (see MPEP 2106.05(h)) and/or insignificant post-solution activity (MPEP 2106.05(g)), this does not integrate the Judicial Exception into a practical application,
Step 2A Prong Two: NO.
Step 2B, Does the claim recite additional element that amount to significantly more than the Judicial exception? There is no more additional element.
Step 2B: No. claim 35 not eligible. Similar claims analysis for claim 36-43 as the dependent claims merely recite further data characterization and mathematical concepts that are part of the abstract idea, claims 36-43 not eligible as well.
Claim 44, Step 1 the claim is a process (or machine) (Yes),
Step 2A Prong One, does the claim recite an abstract idea? current claim related to a radar, comprising: a transmitter configured to transmit a plurality of electromagnetic pulses to a location of interest; a receiver configured to receive a plurality of reflected electromagnetic pulses a raw data; a processor adapted to organize the raw data as sequential time ensembles and sequential space ensembles; form a first output matrix by: calculating first time ensemble correlation functions between time ensembles having a distance of one vector apart; calculating first space ensemble correlation functions between sequential space ensembles having a distance of one vector apart; organizing the time ensemble correlation functions and space ensemble correlation functions into a first output matrix where the sequential time ensemble correlation functions are in a first column dimension and sequential space ensemble correlation functions are in a second row dimension; forming multiple subsequent output matrices by assigning a sequence number (n) to the output matrix: calculating time ensemble correlation functions between time ensembles having a distance of the sequence number (n) vectors apart; calculating space ensemble correlation functions between sequential space ensembles having a distance of the sequence number (n) vectors apart which is an abstract idea of mental process (MPEP 2106.04(a)) or data gathering equivalent to mathematical concept or mathematical manipulation function (MPEP 2106.04 (a) (2) (concept need not be expressed in mathematical symbols, because "[w]ords used in a claim operating on data to solve a problem can serve the same purpose as a formula), (OR Mathematical Concepts and Mental Processes) Step 2A Prong One: Yes.
Step 2A Prong Two, is the claim directed to an abstract idea? In other words, does claim recite additional elements that integrate the Judicial Exception into a practical application? the additional elements of applying a functions change sensitivity method between the first output matrix and any of the subsequent output matrices, while increasing the distance between time ensembles and space ensembles until the correlations are lost, thereby detecting the presence, size and location of an object shown by changes in the correlation functions at the detected time and space are recited at a high level of generality and merely amount to a particular field of use (see MPEP 2106.05(h)) and/or insignificant post-solution activity (MPEP 2106.05(g)), this does not integrate the Judicial Exception into a practical application,
Step 2A Prong Two: NO.
Step 2B, Does the claim recite additional element that amount to significantly more than the Judicial exception? There is no more additional element.
Step 2B: No. claim 44 not eligible. Similar claims analysis for claim 45-48 as the dependent claims merely recite further data characterization and mathematical concepts that are part of the abstract idea, claims 45-48 not eligible as well.
Claim 49, Step 1 the claim is a process (or machine) (Yes),
Step 2A Prong One, does the claim recite an abstract idea? current claim related to a computer program product comprising a computer-readable storage medium having instructions recorded thereon for enabling a processor-based system to perform operations, the operations comprising: receiving, as a raw data, a plurality of reflected electromagnetic pulses from a ground penetrating radar having applied a plurality of electromagnetic pulses of to a location of interest; organizing the raw data as sequential time ensembles and sequential space ensembles; forming a first output matrix by: calculating first time ensemble correlation functions between time ensembles having a distance of one vector apart; calculating first space ensemble correlation functions between sequential space ensembles having a distance of one vector apart; organizing the time ensemble correlation functions and space ensemble correlation functions into a first output matrix where the sequential time ensemble correlation functions are in a first column dimension and sequential space ensemble correlation functions are in a second row dimension; forming multiple subsequent output matrices by assigning a sequence number (n) to the output matrix: calculating time ensemble correlation functions between time ensembles having a distance of the sequence number (n) vectors apart; calculating space ensemble correlation functions between sequential space ensembles having a distance of the sequence number (n) vectors apart which is an abstract idea of mental process (MPEP 2106.04(a)) or data gathering equivalent to mathematical concept or mathematical manipulation function (MPEP 2106.04 (a) (2) (concept need not be expressed in mathematical symbols, because "[w]ords used in a claim operating on data to solve a problem can serve the same purpose as a formula), (OR Mathematical Concepts and Mental Processes) Step 2A Prong One: Yes.
Step 2A Prong Two, is the claim directed to an abstract idea? In other words, does claim recite additional elements that integrate the Judicial Exception into a practical application? the additional elements of applying a functions change sensitivity method between the first output matrix and any of the subsequent output matrices, while increasing the distance between time ensembles and space ensembles until the correlations are lost, thereby detecting the presence, size and location of an object shown by changes in the correlation functions are recited at a high level of generality and merely amount to a particular field of use (see MPEP 2106.05(h)) and/or insignificant post-solution activity (MPEP 2106.05(g)), this does not integrate the Judicial Exception into a practical application,
Step 2A Prong Two: NO.
Step 2B, Does the claim recite additional element that amount to significantly more than the Judicial exception? There is no more additional element.
Step 2B: No. claim 49 not eligible.
Contact information
5. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tung Lau whose telephone number is (571)272-2274, email is Tungs.lau@uspto.gov. The examiner can normally be reached on Tuesday-Friday 7:00 AM-5:00 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, TURNER SHELBY, can be reached on 571-272-6334. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TUNG S LAU/Primary Examiner, Art Unit 2857
Technology Center 2800
October 21, 2025