DETAILED ACTION
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 .
Response to Amendment
The amendment of 01/12/2026 has been entered and fully considered by the examiner. Claims 1,7, 9, 12, 14, and 18-20 are amended. Claims 11 and 17 are canceled. Claims 1-10, 12-16, and 18-20 are currently pending in the application with claims 1, 14, and 19 being independent.
Claim Rejections - 35 USC § 112
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 1-10, 12-16, and 18-20 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.
Amended claims 1, 14, and 19 recite: “a demodulator configured to demodulate from MTM LWA received signals to provide thereby respective baseband signal reflected from different targets, which includes the target associated motion information and ranging information”. It is unclear and indefinite as to what includes the recited “ranging information”? does “the signal reflected from different targets” include the ranging information as it is recited earlier in the claim? Or the demodulated “baseband signals” should include the ranging information? As a result, the claim is indefinite as the metes and bounds of the claim are not clear. For the purposes of examination, it is assumed that the signal reflected from different targets includes the ranging information so that it would be consistent with the earlier recitation in the claim. The applicant is advised to use more clear and precise language to clarify the limitation.
Claims 2-10, 12, 13, 15, 16, 18 and 20 depend upon indefinite claims 1, 14, and 19 and therefore are considered to be indefinite as well due to their dependency.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 2, 4, 10, 13, 14, 16, and 19 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Yuan et al. (“Multi-target Vital Sign Detection Using Metamaterial Leaky Wave Antenna-Integrated Super-Regenerative Oscillator”, IEEE Xplore, 15 October, 2021) hereinafter “Yuan”.
Regarding claim 1, Yuan discloses a radio frequency (RF) motion sensor [see abstract of Yuan], comprising:
a metamaterial (MTM) leaky wave antenna (LWA) [see page 1, right column, section under A. one dimensional MTD LWA design] configured to transmit an interrogating RF (2.4 GHZ is within the RF range) signal toward each of a plurality of targets and to correspondingly receive therefrom respective target reflected signal; [see page 1, right column, section under A. 1D MTD LWA design detects multiple targets]
a super-regenerative oscillator (SRO) comprising a tunable voltage-controlled oscillator (VCO) [see page 1, right column, section under A. 1D MTD LWA design disclosing: a tunable voltage controlled oscillator (VCO)”] configured to generate for transmission by the MTM LWA an oscillating driver signal in accordance with a sequence of quench cycles, [see page 2, left column, section under B.SRO Radar sensor design] wherein an amplitude of the oscillating signal changes from an initial value to an equilibrium value (Veg) and back to an extinction value during a first portion of each quench cycle; [see page 2, left column, section under B.SRO Radar sensor design, especially last paragraph discloses that during a built-up time, the voltage reaches an equilibrium state and during quench cycle, it dies out ] that the quench signal is modulated according to a sequence of pulses separated by a pulse interval [see page 2, left column, last paragraph continued in the right paragraph disclosing that the quench cycle is modulated due to cardiac activity (i.e. the pulse interval) ] such that each target reflected signal includes respective target ranging information. [see FIG. 6, (caption) disclosing distance information to the target (i.e. ranging information); further, as it is disclosed in page 2, right column: “the reflected signal modulated by the cardiac activity”; a signal transmitted and reflected off of another object would have a phase delay which inherently includes the target’s ranging information] and
a demodulator configured to demodulate from the MTM LWA received signals to provide thereby respective baseband signals reflected from different targets, [see page 2, right column, first paragraph discloses demodulation of the signal by detecting its envelope; see also FIGH. 1 showing an envelope detector] which includes the target-associated motion information [see page 2, right column, the target cardiac activity (i.e. target associated motion) is determined off of the demodulation] and ranging information. [as it is disclosed in page 2, right column: “the reflected signal modulated by the cardiac activity”; a signal transmitted and reflected off of another object would have a phase delay which inherently includes the target’s ranging information]
Regarding claim 2, Yuan further discloses that the MTM LWA comprises a one-dimensional (1D) MTM LWA. [see page 1, right column, section under A. one dimensional MTD LWA design]
Regarding claim 4, Yuan further discloses that the VCO has an oscillation band of between approximately 2GHz and 2.5GHz. [see page 1, right column, section under A. one dimensional MTD LWA design discloses that the oscillation is at 2.4 GHz which is in the specified range ]
Regarding claim 10, Yuan further discloses that each target comprises a human and the target reflected signal is configured to enable detection of cardiac activity of each human. [see page 2, right column, paragraph below Fig. 6 disclosing that the reflected signal is off of a human target showing its cardiac activity]
Regarding claim 13, Yuan further discloses that each of the sequence of pulses comprises a 100Hz signal having predefined pulse width and pulse interval of less than 10 ms, [see FIG. ; the signal has a pulse interval of less than 10ms] the signal comprising one of a sinusoidal, a sawtooth, and a triangular waveshape. [see page2, right column, section under III. Experimental Results disclosing a sinusoidal signal of frequency 100 Hz; see also FIG. 4 and caption]
Regarding claim 14, Yuan discloses that a system configured to detect cardiac activity of a plurality of humans [see abstract of Yuan], the system including a radio frequency (RF) motion sensor,[the combination of the Metamaterial leaky wave antenna, the SRO and the demodulator can detect cardiac motion of a person and therefore it is considered to be a motion sensor] comprising:
a metamaterial (MTM) leaky wave antenna (LWA) [see page 1, right column, section under A. one dimensional MTD LWA design] configured to transmit an interrogating RF (2.4 GHZ is within the RF range) signal toward each of a plurality of targets and to correspondingly receive therefrom respective target reflected signal; [see page 1, right column, section under A. 1D MTD LWA design detects multiple targets]
a super-regenerative oscillator (SRO) comprising a tunable voltage-controlled oscillator (VCO) [see page 1, right column, section under A. 1D MTD LWA design disclosing: a tunable voltage controlled oscillator (VCO)”] configured to generate for transmission by the MTM LWA an oscillating driver signal in accordance with a sequence of quench cycles, [see page 2, left column, section under B.SRO Radar sensor design] wherein an amplitude of the oscillating signal changes from an initial value to an equilibrium value (Veg) and back to an extinction value during a first portion of each quench cycle; [see page 2, left column, section under B.SRO Radar sensor design, especially last paragraph discloses that during a built-up time, the voltage reaches an equilibrium state and during quench cycle, it dies out ] that the quench signal is modulated according to a sequence of pulses separated by a pulse interval [see page 2, left column, last paragraph continued in the right paragraph disclosing that the quench cycle is modulated due to cardiac activity (i.e. the pulse interval) ] such that each target reflected signal includes respective target ranging information. [see FIG. 6, (caption) disclosing distance information to the target (i.e. ranging information); further, as it is disclosed in page 2, right column: “the reflected signal modulated by the cardiac activity”; a signal transmitted and reflected off of another object would have a phase delay which inherently includes the target’s ranging information] and
a demodulator configured to demodulate from the MTM LWA received signals to provide thereby respective baseband signals reflected from different targets, [see page 2, right column, first paragraph discloses demodulation of the signal by detecting its envelope; see also FIGH. 1 showing an envelope detector] which includes the target-associated motion information [see page 2, right column, the target cardiac activity (i.e. target associated motion) is determined off of the demodulation] and ranging information. [as it is disclosed in page 2, right column: “the reflected signal modulated by the cardiac activity”; a signal transmitted and reflected off of another object would have a phase delay which inherently includes the target’s ranging information]
Regarding claim 16, Yuan further discloses that each target comprises a human and the target reflected signal is configured to enable detection of cardiac activity of each human. [see page 2, right column, paragraph below Fig. 6 disclosing that the reflected signal is off of a human target showing its cardiac activity]
Regarding claim 19, Yuan discloses that a method of sensing motion [see abstract of Yuan], comprising:
generating, using a super-regenerative oscillator (SRO) comprising a tunable voltage- controlled oscillator (VCO), [see page 1, right column, section under A. 1D MTD LWA design disclosing: a tunable voltage controlled oscillator (VCO)”] an oscillating driver signal in accordance with a sequence of quench cycles, [see page 2, left column, section under B.SRO Radar sensor design] wherein an amplitude of the oscillating signal changes from an initial value to an 29equilibrium value (Veq) and back to an extinction value during a first portion of each quench cycle; [see page 2, left column, section under B.SRO Radar sensor design, especially last paragraph discloses that during a built-up time, the voltage reaches an equilibrium state and during quench cycle, it dies out ] that the quench signal is modulated according to a sequence of pulses separated by a pulse interval [see page 2, left column, last paragraph continued in the right paragraph disclosing that the quench cycle is modulated due to cardiac activity (i.e. the pulse interval) ] such that each target reflected signal includes respective target ranging information. [see FIG. 6, (caption) disclosing distance information to the target (i.e. ranging information); further, as it is disclosed in page 2, right column: “the reflected signal modulated by the cardiac activity”; a signal transmitted and reflected off of another object would have a phase delay which inherently includes the target’s ranging information] and
and transmitting, via a metamaterial (MTM) leaky wave antenna (LWA) [see page 1, right column, section under A. one dimensional MTD LWA design] using the generated oscillating driver signal, [see page 1, right column, section under A. 1D MTD LWA design detects multiple targets] a plurality of interrogating RF signals (2.4 GHZ is within the RF range); and
demodulating at least two received target reflected RF signals to provide thereby respective baseband signals reflected from different targets [see page 2, right column, first paragraph discloses demodulation of the signal by detecting its envelope; see also FIGH. 1 showing an envelope detector] which includes the target-associated motion information [see page 2, right column, the target cardiac activity (i.e. target associated motion) is determined off of the demodulation] and ranging information. [as it is disclosed in page 2, right column: “the reflected signal modulated by the cardiac activity”; a signal transmitted and reflected off of another object would have a phase delay which inherently includes the target’s ranging information]
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 3, 7 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Yuan et al. (“Multi-target Vital Sign Detection Using Metamaterial Leaky Wave Antenna-Integrated Super-Regenerative Oscillator”, IEEE Xplore, 15 October, 2021) hereinafter “Yuan” in view of Li et al. (“Noncontact vital sign detection using 24GHz two-dimensional frequency scanning metamaterial leavy wave antenna array”, IEEE. 2018) hereinafter “Li”.
Regarding claim 3, Yuan discloses all the limitations of claim 1 [see rejection of claim 1 above]
Yuan does not disclose that the MTM LWA comprises a two-dimensional (2D) MTM LWA.
Li, directed towards non-contact vital sign detection using metamaterial leaky wave antennas [see abstract of Li] further discloses that the MTM LWA comprises a two-dimensional (2D) MTM LWA. [see page 256, left column, last paragraph of the page disclosing the 2D MTM LWA]
It would have been obvious to a person of ordinary skill level in the art at the time of the filing of the invention to modify the leaky wave antenna of Yuan further such that the MTM LWA comprises a two-dimensional (2D) MTM LWA according to the teachings of Li in order to overcome the shortcoming of 1D LWA in detecting multi persons with various heights [see page 255, left column, last 5 lines of the first paragraph]
Regarding claim 7, Yuan discloses all the limitations of claim 1 [see rejection of claim 1 above]
Yuan does not disclose that the MTM LWA generates a main beam having a direction 0(w) expressed as:
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17
10
media_image1.png
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(w)=arcsin(
β
(
ω
)
K
0
)
Li further discloses that MTM LWA generates a main beam having a direction 0(w) expressed as:
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17
10
media_image1.png
Greyscale
(w)=arcsin(
β
(
ω
)
K
0
) where ko is the free space wavenumber, and the propagation constant of CRLH LWA β(ω) is a function of the frequency which can be changed from negative to positive value as the frequency increases. [see page 255, right column, section under II. 1D frequence scanning metamaterial LWA and equation 1 continued in page 246; the examiner notes that since β(ω) is a constant which can be varied with frequency, it is evident that it can change from negative to positive values if needed.]
It would have been obvious to a person of ordinary skill level in the art at the time of the filing of the invention to modify the design of the leaky wave antenna of Yuan further such that MTM LWA generates a main beam having a direction 0(w) expressed as:
PNG
media_image1.png
17
10
media_image1.png
Greyscale
(w)=arcsin(
β
(
ω
)
K
0
) according to the teachings of Li in order to avoid self-resonance issue of the interdigital capacitors and shorted stubs, resulting in the above radiation pattern. [see page 255, right column, last paragraph before formula]. The examiner further notes that it would have been obvious to a person of ordinary skill in the art at the time of the filing of the invention to modify the β(ω) function such that it would go from negative numbers to positive numbers as the frequency increases since it has been held that once the general concept of a claim is disclosed in the prior art, finding the workable or optimum ranges of constants would be obvious to an ordinarily skilled in the art. In re Aller, 105, USPQ 233.
Regarding claim 15, Yuan discloses all the limitations of claim 14 [see rejection of claim 14 above]
Yuan does not disclose that the MTM LWA comprises a two-dimensional (2D) MTM LWA, and system is configured to perform frequency-dependent space mapping.
Li further discloses that the MTM LWA comprises a two-dimensional (2D) MTM LWA, [see page 256, left column, last paragraph of the page disclosing the 2D MTM LWA] and system is configured to perform frequency-dependent space mapping. [see FIG. 6 and page 256, right column].
It would have been obvious to a person of ordinary skill level in the art at the time of the filing of the invention to modify the design of the leaky wave antenna of Yuan further such that the MTM LWA comprises a two-dimensional (2D) MTM LWA, and system is configured to perform frequency-dependent space mapping according to the teachings of Li in order to overcome the shortcoming of 1D LWA in detecting multi persons with various heights [see page 255, left column, last 5 lines of the first paragraph]
Claims 5 is rejected under 35 U.S.C. 103 as being unpatentable over Yuan et al. (“Multi-target Vital Sign Detection Using Metamaterial Leaky Wave Antenna-Integrated Super-Regenerative Oscillator”, IEEE Xplore, 15 October, 2021) hereinafter “Yuan” in view of Yuan et al. (“Multi-target Concurrent vital sign and location detection using metamaterial integrated self-injection locked quadrature radar sensor, IEEE, 2019) hereinafter “Yuan-2”.
Regarding claim 5, Yuan discloses all the limitations of claim 1 [see rejection of claim 1 above]
Yuan does not disclose that a tuning voltage Vtune for controlling the output oscillation frequency of the VCO is generated using a function generator.
Yuan-2, directed towards a vital sign detection of multi persons [see abstract of Yuan-2] further discloses that a tuning voltage Vtune for controlling the output oscillation frequency of the VCO is generated using a function generator. [see page 5433, right column, lines 9-15 disclosing: “For generating the FSK modulation waveforms, a function generator is employed to create a pulse width modulated (PWM) signal with its duty cycle equal to 50%, which provides two different voltage levels for the VCO]
It would have been obvious to a person of ordinary skill level in the art at the time of the filing of the invention to modify the design of Yuan further such that a tuning voltage Vtune for controlling the output oscillation frequency of the VCO is generated using a function generator according to the teachings of Yuan-2 in order to provide two different voltage levels for the VCO [see page 5433, right column, lines 9-15]
Claims 6, 8, and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Yuan et al. (“Multi-target Vital Sign Detection Using Metamaterial Leaky Wave Antenna-Integrated Super-Regenerative Oscillator”, IEEE Xplore, 15 October, 2021) hereinafter “Yuan” in view of Yuan et al. (“Super-regenerative oscillator-based high sensitivity radar architecture for motion sensing and vital sign detection”, IEEE, March 2021) hereinafter “Yuan-3”.
Regarding claim 6, Yuan discloses all the limitations of claim 1 [see rejection of claim 1 above]
Yuan does not disclose that a tuning voltage Vtune for controlling the output oscillation frequency of the VCO is generated using a DC power supply.
Yuan-3, directed towards a vital signa detection sensor using radar system [see abstract of Yuan-3] further discloses that a tuning voltage Vtune for controlling the output oscillation frequency of the VCO is generated using a DC power supply. [see FIG. 10, a power supply is used for the powering of the VCO system]
It would have been obvious to a person of ordinary skill level in the art at the time of the filing of the invention to modify the design of Yuan further such that a tuning voltage Vtune for controlling the output oscillation frequency of the VCO is generated using a DC power supply according to the teachings of Yuan-3 in order to provide a source that can change the voltage value easily based on the demand of the system.
Regarding claim 8, Yuan discloses all the limitations of claim 1 [see rejection of claim 1 above]
Yuan does not disclose that the amplitude of the oscillating driver signal changing during the first portion of each quench cycle exhibits an exponential function in amplitude.
Yuan-3 further discloses that the amplitude of the oscillating driver signal changing during the first portion of each quench cycle exhibits an exponential function in amplitude. [see page 1978, left column, section under D.SRO radar sensing mechanism, and equation 33]
It would have been obvious to a person of ordinary skill level in the art at the time of the filing of the invention to modify the design of Yuan further such that the amplitude of the oscillating driver signal changing during the first portion of each quench cycle exhibits an exponential function in amplitude according to the teachings of Yuan-3 in order to depict the transient response before reaching the equilibrium [see page 1978, left column, section under. D. SRO radar sensing mechanism]
Regarding claim 9, Yuan discloses all the limitations of claim 1 [see rejection of claim 1 above]
Yuan does not disclose that the exponential function in amplitude is expressed as Veqk:
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7
14
media_image2.png
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Vrek
e
t
k
τ
k
the exponential function in amplitude is expressed as Veqk:
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7
14
media_image2.png
Greyscale
Vrek
e
t
k
τ
k
where Veqk, is the equilibrium value of the output signal and t0k, is the time constant for the oscillation build-up. [see page 1978, left column, section under D.SRO radar sensing mechanism, and equation 33]
It would have been obvious to a person of ordinary skill level in the art at the time of the filing of the invention to modify the design of Yuan further such that the exponential function in amplitude is expressed as Veqk:
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7
14
media_image2.png
Greyscale
Vrek
e
t
k
τ
k
according to the teachings of Yuan-3 in order to depict the transient response before reaching the equilibrium [see page 1978, left column, section under. D. SRO radar sensing mechanism]
Claims 12, 18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Yuan et al. (“Multi-target Vital Sign Detection Using Metamaterial Leaky Wave Antenna-Integrated Super-Regenerative Oscillator”, IEEE Xplore, 15 October, 2021) hereinafter “Yuan” in view of Knapp et al. (“The generalized correlation method of estimation of time delay”, IEEE, 1976) hereinafter “Knapp”.
Regarding claim 12, Yuan discloses all the limitations of claim 1 [see rejection of claim 1 above]
Yuan does not disclose that target ranging information is retrieved from each target reflected signal using time domain cross-correlation to determine a time difference (Δt) between respective received and transmitted baseband signals.
Knapp, directed towards vital sign processing of multiple signals received [see abstract of Knapp] further discloses that that target ranging information is retrieved from each target reflected signal using time domain cross-correlation of received baseband signals [see page 321, right column, section under processor interpretation] to determine a time difference (Δt) between respective received and transmitted baseband signals. [see page 321; right column, second full paragraph disclosing using the cross correlation to determine time delay D]
It would have been obvious to a person of ordinary skill level in the art at the time of the filing of the invention to modify the design of Yuan further such that target ranging information is retrieved from each target reflected signal using time domain cross-correlation to determine a time difference (Δt) between respective received and transmitted baseband signals in order to detect the time day under usual conditions [see page 326, left column, section under “conclusion”]
Regarding claim 18, Yuan discloses all the limitations of claim 14 [see rejection of claim 14 above]
Yuan does not disclose that target ranging information is retrieved from each target reflected signal using time domain cross-correlation to determine a time difference (Δt) between respective received and transmitted baseband signals.
Knapp, directed towards vital sign processing of multiple signals received [see abstract of Knapp] further discloses that that target ranging information is retrieved from each target reflected signal using time domain cross-correlation of received baseband signals [see page 321, right column, section under processor interpretation] to determine a time difference (Δt) between respective received and transmitted baseband signals. [see page 321; right column, second full paragraph disclosing using the cross correlation to determine time delay D]
It would have been obvious to a person of ordinary skill level in the art at the time of the filing of the invention to modify the design of Yuan further such that target ranging information is retrieved from each target reflected signal using time domain cross-correlation to determine a time difference (Δt) between respective received and transmitted baseband signals in order to detect the time day under usual conditions [see page 326, left column, section under “conclusion”]
Regarding claim 20, Yuan further discloses that each target comprises a human and the target reflected signal is configured to enable detection of cardiac activity of each human; [see page 2, right column, paragraph below Fig. 6 disclosing that the reflected signal is off of a human target showing its cardiac activity] the quench signal is modulated according to a sequence of pulses separated by a pulse interval [see page 2, left column, last paragraph continued in the right paragraph disclosing that the quench cycle is modulated due to cardiac activity (i.e. the pulse interval)] such that each target reflected signal includes respective target ranging information, [see FIG. 6, (caption) disclosing distance information to the target (i.e. ranging information)]
Yuan does not disclose that target ranging information is retrieved from each target reflected signal using time domain cross-correlation to determine a time difference (Δt) between respective received and transmitted baseband signals.
Knapp, directed towards vital sign processing of multiple signals received [see abstract of Knapp] further discloses that that target ranging information is retrieved from each target reflected signal using time domain cross-correlation of received baseband signals [see page 321, right column, section under processor interpretation] to determine a time difference (Δt) between respective received and transmitted baseband signals. [see page 321; right column, second full paragraph disclosing using the cross correlation to determine time delay D]
It would have been obvious to a person of ordinary skill level in the art at the time of the filing of the invention to modify the design of Yuan further such that target ranging information is retrieved from each target reflected signal using time domain cross-correlation to determine a time difference (Δt) between respective received and transmitted baseband signals in order to detect the time day under usual conditions [see page 326, left column, section under “conclusion”]
Response to Arguments
Applicant's arguments filed 01/12/2026 have been fully considered but they are not persuasive.
Rejection of independent claims 1, 14, and 19 under U.S.C. 102(a)(1)
With regards to the added amendment to independent claims 1, 14, and 19, the applicant has argued that Yuan does not discloses “pulses” or a “sequence of pulses”.
In response, the examiner respectfully disagrees and notes that Yuan specifically discloses that the quench cycle is modulated by the reflected signals due to cardiac activity of the target. It is well known and understood that the cardiac activity is a series or sequences of pulses that are generated by the target. Therefore, since Yuan discloses that the quench signals are modulated by cardiac activity, it is inherent that they are modulated by the sequence of cardiac pulses. Therefore, sequence of cardiac pulses are inherently disclosed by Yuan.
Further, the applicant has argued that the quench cycle of Yuan is not modulated due to cardiac activity and instead it is modulated by “the reflected signals due to cardiac activity”.
In response, the examiner respectfully disagrees and notes that Yuan specifically discloses that eh reflected signal is modulated by the cardiac activity pulses of the human target as it is evident from the quoted passage below.
In this scenario, the oscillation time duration for each quench cycle is modulated by the reflected signals due to the cardiac activity of the target. To illustrate, the RF signal is generated from the oscillator and illuminated towards the target along a specific angular direction through the 1D MTM LWA. Then the reflected signal modulated by the cardiac activity of human target is received by the same MTM LWA and coupled to an envelope detector through the MTM coupler for amplitude demodulation. By performing the Fast Fourier Transform (FFT) on the baseband output signal from the envelope detector, vital sign information of human targets can be obtained
Further, the applicant has argued that Yuan does not disclose measuring distances and instead discloses “known distances”. Further, the applicant has argued that Yuan’s arrangement is unable to provide target ranging information and therefore does not teach such information.
In response, the examiner notes that nothing in the claim requires that the distances be “measured”, or that ranging information should be provided in any manner. The claim simply discloses that eh signal includes “respective target ranging information”. Since any signal being reflected off of a target would include a phase delay, it inherently has ranging information embedded in it. Further, as shown in FIG. 6, the distance information is also included with the signal results. The applicant is advised to be more specific in their claim language to distinguish their claim from Yuan.
Rejection of claims 12, 18 and 20 under U.S.C. 103
The examiner notes that, in view of added amendments to the claims 12, 18 and 20 requiring that the cross-correlation be performed “to determine a time difference between respective received and transmitted baseband signals”, a new reference has been used in the rejection of above-mentioned claims.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARJAN - SABOKTAKIN whose telephone number is (303)297-4278. The examiner can normally be reached M-F 9 am-5pm CT.
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/MARJAN SABOKTAKIN/Examiner, Art Unit 3797
/MICHAEL J CAREY/Supervisory Patent Examiner, Art Unit 3795
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