DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.
Applicant's submission filed on March 20, 2026 has been entered.
Claim 1, 9, and 17 are amended.
Claims 1-20 are pending this application.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al (EP 3885786 A1) in view of Hassanien et al (IEEE, 2020).
Regarding Claim 1, Wang method for sensing movement, comprising [0297-0298]:
transmitting, at each of N transmitting antennas (TXs) of a phased multiple-input multiple-output (phased-MIMO) radar [0299 for two transmitting antennas],
a common frequency modulated continuous wave (FMCW) signal in each of a plurality of time division multiplex (TDM) slots [0299 for FMCW TDM-MIMO radar signal to monitor heartbeat],
each TDM slot having associated with it a respective weight selected in accordance with a transmit steering vector configured to cause a coherent summation of transmitted signal of all transmitting antennas in a desired direction q0 toward at least one target [0299-0300, and 0309];
receiving target-reflected energy associated with the transmitted FMCW signals at a virtual array formed by signal from P TDM slots received via M receiving antennas (RXs) of the phased-MIMO radar [0273 for using Tx and Rx virtual array, and 0299-0301 for four receiving antennas];
and processing an output of the virtual array to extract therefrom signal received from the desired direction q0 to determine thereby target movement in the desired direction q0 [0300 for determining distance and angle (direction) and 0303-0305 for determining direction based on threshold values and determining random body motion, 0325 and figure 23].
Wang fails to explicitly teach stacking a signal and the FMCW signal phase shifted at each respective transmitting antenna via transmission of a plurality of time division multiplex slots.
Hassanien has a technique for multiple-input multiple-output (MIMO) radar with co-located antennas (abstract) and teaches using stacking a signal [page 3140, left column, eq (17) and last two paragraphs match filtering and stacking into a virtual array]
and the FMCW signal phase shifted at each respective transmitting antenna via transmission of a plurality of time division multiplex slots [page 3139, right column first two paragraphs for all antennas of the kth sub array coherently emits signal in a certain direction].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the vital sensing techniques, as disclosed by Wang, further including the signal stack calculations as taught by Hassanien for the purpose to maximize the coherent processing gain (Hassanien, page 3139, right column, first paragraph).
Regarding Claim 9, Wang teaches a vital sign sensing system, comprising [0297]:
a phased multiple-input multiple-output (phased-MIMO) radar configured for transmitting [0299],
at each of N transmitting antennas (TXs), a common frequency modulated continuous wave (FMCW) signal in each of a plurality of time division multiplex (TDM) slots [0299 for FMCW TDM-MIMO radar signal to monitor heartbeat with two transmitting antennas],
each TDM slot of each transmitting antennas having associated with it a respective weight selected in accordance with a transmit steering vector configured to cause a coherent summation of transmitted signal of all transmitting antennas in a desired direction q0 toward at least one target [0299-0300, and 0309];
the phased-MIMO radar configured for receiving, at a virtual array formed by a signal from P TDM slots received via M receiving antennas (RXs), target-reflected energy associated with the transmitted FMCW signals [0273 for using Tx and Rx virtual array, and 0299-0301];
and processing an output of the virtual array to extract therefrom signal received from the desired direction q 0 to determine thereby target movement in the desired direction q0 [0300 for determining distance and angle (direction) and 0303-0305 for determining direction based on threshold values].
Wang fails to explicitly teach stacking a signal and the FMCW signal phase shifted at each respective transmitting antenna via transmission of a plurality of time division multiplex slots.
Hassanien has a technique for multiple-input multiple-output (MIMO) radar with co-located antennas (abstract) and teaches using stacking a signal [page 3140, left column, eq (17) and last two paragraphs match filtering and stacking into a virtual array]
and the FMCW signal phase shifted at each respective transmitting antenna via transmission of a plurality of time division multiplex slots [page 3139, right column first two paragraphs for all antennas of the kth sub array coherently emits signal in a certain direction].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the vital sensing techniques, as disclosed by Wang, further including the signal stack calculations as taught by Hassanien for the purpose to maximize the coherent processing gain (Hassanien, page 3139, right column, first paragraph).
Regarding Claim 17, Wang teaches a motion sensing system, comprising [0297]:
a phased multiple-input multiple-output (phased-MIMO) radar configured for transmitting, at each of N transmitting antennas (TXs) [0299 for two transmit antennas in a MIMO configuration],
a common frequency modulated continuous wave (FMCW) signal in each of a plurality of time division multiplex (TDM) slots [0299 for FMCW TDM-MIMO radar signal to monitor heartbeat],
each TDM slot of each transmitting antennas having associated with it a respective weight selected in accordance with a transmit steering vector configured to cause a coherent summation of transmitted signal of all transmitting antennas in a desired direction
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toward at least one target [0299-0300, and 0309];
the phased-MIMO radar configured for receiving, at a virtual array formed by a signal from P TDM slots received via M receiving antennas (RXs), target-reflected energy associated with the transmitted FMCW signals [0273 for using Tx and Rx virtual array, and 0299-0301];
and processing an output of the virtual array to extract therefrom signal received from the desired direction q0 to determine thereby target movement in the desired direction q0 [0300 for determining distance and angle (direction) and 0303-0305 for determining direction based on threshold values].
Wang fails to explicitly teach stacking a signal and the FMCW signal phase shifted at each respective transmitting antenna via transmission of a plurality of time division multiplex slots.
Hassanien has a technique for multiple-input multiple-output (MIMO) radar with co-located antennas (abstract) and teaches using stacking a signal [page 3140, left column, eq (17) and last two paragraphs match filtering and stacking into a virtual array]
and the FMCW signal phase shifted at each respective transmitting antenna via transmission of a plurality of time division multiplex slots [page 3139, right column first two paragraphs for all antennas of the kth sub array coherently emits signal in a certain direction].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the vital sensing techniques, as disclosed by Wang, further including the signal stack calculations as taught by Hassanien for the purpose to maximize the coherent processing gain (Hassanien, page 3139, right column, first paragraph).
Regarding Claim 2, 10, and 18, Wang teaches the desired direction q0 comprises the angle of human subjects with respect to the radar and is determined using a Capon Beamformer (CB) angle estimation method [0223].
Regarding Claim 3, 11, and 19, Wang teaches each of a plurality of frames are transmitted in sequence toward each of the at least one targets, each transmitted frame comprising a transmitted FMCW signal in each of the plurality of time slots [0299-0300, 0306].
Regarding Claim 4, 12, and 20, Wang teaches the transmitted FMCW signal is of the form [0299 for MIMO array from FMCW signals]:
x(t) =
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where At is amplitude, fc is chirp starting frequency, b is chirp bandwidth, Tc is chirp duration, and f(t) is phase noise from transmitter [0271 for calculating frequency modulated chirp and A2-A3].
Regarding Claim 5 and 13, Wang teaches each m-th RX of the M RXs receives reflected FMCW signal from each n-th TX of the N TXs of the form [0299 for MIMO array from FMCW signals]:
y(n,m,t) =Anm
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where Anm is the complex amplitude of the signal transmitted by the n-th transmit antenna and received by the m-th receive antennas, fb
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is the beat frequency,
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(t,n,m) =
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-(dm
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, R(t) is the radial range of the target [0272 and A4-A5].
Regarding Claim 6 and 14, Wang fails to explicitly teach the phased-MIMO radar transmits via a uniform linear array (ULA) of N transmitting antennas (TXs) spaced by dt, and receives via a ULA with M receiving antennas (RXs) spaced by dr.
Santra has a method of monitoring a structural object includes performing a first set of radar measurements using a first millimeter-wave radar sensor(abstract) and teaches the phased-MIMO radar transmits via a uniform linear array (ULA) of N transmitting antennas (TXs) spaced by dt, and receives via a ULA with M receiving antennas (RXs) spaced by dr [0042-0044].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the vital sensing techniques, as disclosed by Wang, further including the signal stack calculations as taught by Santra for the purpose to generate the azimuth imaging profile (Santra, 0070).
Regarding Claim 7 and 15, Wang teaches for each of the transmitting slot a corresponding weight wp(q) is calculated as: wp
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wp where a (q)=dt sin (q)/l is a transmit wavelength, and at(q) is a transmit steering vector [0278 for calculating the steering vector angle].
Regarding Claim 8 and 16, Wang teaches a target movement in the desired direction q0 comprises at least one of a heart rate (HR) and a breathing rate (BR) associated with a human target [0299-0300].
Response to Arguments
Applicant’s arguments with respect to claims 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
On page 8, third paragraph, the applicant argues that Wang fails to teach the analog transmit beamforming in the present claims and the single RF chain. The examiner respectfully disagrees: The applicant only claims respective weight selected in accordance with a transmit steering vector configured to cause a coherent summation of transmitted signal, not these exact features. However, Wang still discloses time-division multiplexing (TDM) mode by transmitting sequentially through two Tx antennas [Wang, figure 16, 0273] and using a Bartlett beamformer with steering vectors [Wang, 0278].
On page 9, first paragraph, the applicant argues that Wang fails to teach each analog beamforming. The examiner respectfully disagrees: neither analog now digital beamforming is recited in the claims. However, Wang teaches digital beamforming with beamforming is performed at operation 1420, e.g. by a Bartlett beamformer, to get the channel information at different azimuth-range bins [Wang, 0269] and analog beamforming using steering vectors with the receiver [Wang, 0279]. Furthermore, new reference Hassanien teaches applying identical steering vectors [Hassanien, page 3441, right column, first two paragraph and equation (24)].
On page 9, last paragraph, the applicant argues that Wang dos not disclose the TDM slot having associated with a respective weight. The examiner respectfully disagrees: Wang computes steering vector weights per receive channel per virtual array element, where each virtual array element corresponds to a specific TDM slot/Rx pair [Wang, 0269, 0273, 0278 cited above].
Conclusion
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/SAMARINA MAKHDOOM/
Examiner, Art Unit 3648
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