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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 03/06/2026 has been considered by the examiner and an initialed copy of the IDS is hereby attached.
Response to Amendment
The Amendment filed 03/06/2026 has been entered. Claims 1-22 are pending in the application.
Applicant’s amendment overcomes some of the 35 U.S.C. 112(b) rejections from the previously filed Office Action. Please see the 35 U.S.C. 112(b) rejections below.
Response to Arguments
5. Applicant’s arguments with respect to amendments to independent claim(s) 1, 21 and 22 are found to be unpersuasive. The Examiner has provided annotated diagrams for the independent claims below which clearly map claimed elements such as the “a plurality of first transmission antennas”, “a plurality of transmission antenna elements”, “a the plurality of first reception antennas” and “a plurality of reception antenna elements” and their disposed directions. Based on the assigned labels as noted in the annotated diagrams below and the broadest reasonable interpretation of the recited claim limitations of claims 1, 21 and 22, each of the limitations of the independent claims are met by Loesch et al. (US 20190391230 A1). The Examiner would like to emphasize that each of the transmission antenna element transmit the radar signal which is then received by each of the reception antenna elements. Furthermore, it is under the Examiner’s discretion to designated which antenna elements are being assigned as the “a plurality of first transmission antennas”, “a plurality of transmission antenna elements”, “a the plurality of first reception antennas” and “a plurality of reception antenna elements”, etc. Therefore, the Examiner respectfully disagrees with the Applicant’s arguments and finds that each and every limitation of claims 1,21 and 22 are disclosed by Loesch et al. (US 20190391230 A1).
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.
Claim 19 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.
Claim 19 recites the limitation, "the third direction is a same direction as the first direction,". This limitation is unclear and indefinite as claim 19 depends on claim 1 which recites, "a third direction different from each of the first direction and the second direction". Therefore, claim 19 is contradictory to claim 1 where "third direction" cannot be both a different direction from the first direction and the same direction as the first direction. The Examiner has interpreted the claim limitation to be "the third direction is a different direction as the first direction," for purposes of examination.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-9,11-12 and 14-22 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Loesch et al. (US 20190391230 A1), hereinafter Loesch.
Regarding claim 1, Loesch discloses
A radar apparatus (see Fig. 1, further see paragraph 0022, “FIG. 1 shows an antenna array 10 and a control and evaluation unit 12 of a radar sensor, which is used to measure distances, relative speeds as well as direction angles of objects.”), comprising:
transmission circuitry to which a plurality of first transmission antennas is configured to be connected, which, in operation, transmits a transmission signal using the plurality of first transmission antennas (see paragraph 0025, “In each of the transmitting antennas, patches 18 are fed with in-phase transmission signals supplied by control and evaluation unit 12. The matrix-like arrangement of patches 18 results in a bundling of the emitted radar radiation.”, further see paragraph 0029, “The control and evaluation unit 12 is depicted in FIG. 2 in somewhat greater detail and includes a high-frequency transmission part 20, which generates the transmission signals for the transmitting antennas,”) wherein each of the plurality of first transmission antennas includes a plurality of transmission antenna elements (see annotated Fig. 10 below where each of the “a plurality of first transmission antennas” includes a plurality of transmission antenna elements, further see paragraph 0025, “Both the transmitting antennas as well as the receiving antennas are each designed as group antennas and in the example shown are made up of an array of 32 antenna elements or patches 18, which are situated in four vertical columns with 8 patches per column.”); and
reception circuitry to which a plurality of first reception antennas are configured to be connected, which, in operation, receives a reflected wave signal using the plurality of first reception antennas, the reflected wave signal being the transmission signal reflected by an object (see annotated Fig. 10 below noting the “a plurality of first reception antennas”, further see paragraph 0027, “Object 14, which in practice is significantly further away from antenna array 10 than in the schematic representation in FIG. 1, is within the transceiver lobes of all transceiver antennas, so that a radar signal that is emitted by any one of transmitting antennas TX1 through TX3 and is reflected on object 14 may be received by each of receiving antennas RX1 through RX4”, further see paragraph 0029, “The control and evaluation unit 12 is depicted in FIG. 2 in somewhat greater detail and includes a high-frequency transmission part 20, which generates the transmission signals for the transmitting antennas, as well as a receiving part 22, which receives the signals from receiving antennas RX1 through RX4 in four separate receiving channels, down-mixes these into an intermediate frequency band and records and digitizes the thus obtained intermediate frequency signals via a measuring cycle at a particular sample rate. In this way, four digitized received signals are obtained, which are then further evaluated in a processor 24.”), wherein each of the plurality of first reception antennas includes a plurality of reception antenna elements (see annotated Fig. 10 below where each of the “a plurality of first reception antennas” includes a plurality of reception antenna elements),
wherein:
two or more antennas among the plurality of first reception antennas comprise a first antenna group, and are disposed in a first direction (see annotated Fig. 10 below, where the “a first antenna group” is noted and these antennas are disposed in a first direction),
the plurality of first reception antennas other than the two or more antennas comprise a second antenna group, and are disposed in a second direction different from the first direction (see annotated Fig. 10 below, where the “a second antenna group” is noted and these antennas are disposed in a second direction),
all of the plurality of first reception antennas are disposed at different positions in a fifth direction different from the first direction and the second direction (see annotated Fig. 10 below where see annotated Fig. 10 where all of the plurality of first reception antenna are disposed at different positions in a fifth direction (i.e. the horizontal direction) which is different from the first and second direction), and
the plurality of first transmission antennas comprises a third antenna group, and are disposed in a third direction different from each of the first direction and the second direction (see annotated Fig. 10 below where see annotated Fig. 10 where the “a second third antenna group” is noted and these antennas are disposed in a third direction which is different from the first and second direction).
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Annotated Fig. 10
Regarding claim 2, Loesch further discloses
The radar apparatus according to claim 1, wherein:
the radar apparatus is configured to be installed in a vehicle (see paragraph 0001, “The present invention relates to a MIMO radar sensor for motor vehicles”), and
the first direction and the second direction are different directions with respect to a vertical direction and a horizontal direction (see annotated Fig. 10 diagram from claim 1 above), the vertical direction being a height direction of the vehicle, the horizontal direction being a forward traveling direction of the vehicle and a direction orthogonal to the height direction of the vehicle (see annotated Fig. 10 diagram from claim 1 above, further see Fig. 1 for support where the vertical direction is a height direction of the vehicle and the horizontal direction is a direction orthogonal to the height direction of the vehicle).
Regarding claim 3, Loesch further discloses
The radar apparatus according to claim 1, wherein
the first direction and the second direction are different directions with respect to a vertical direction and a horizontal direction (see annotated Fig. 10 diagram from claim 1 above), the vertical direction being a gravity direction, the horizontal direction being a direction orthogonal to the gravity direction (see Fig. 10, further see Fig. 1 for support where the vertical direction is a gravity direction (z-axis) of the vehicle and the horizontal direction is a forward direction of the vehicle (x-axis)).
Regarding claim 4, Loesch further discloses
The radar apparatus according to claim 2,
wherein the third direction is a direction coinciding with the horizontal direction (see annotated Fig. 10 from claim 1 where the third direction is coinciding with the horizontal direction).
Regarding claim 5, Loesch further discloses
The radar apparatus according to claim 1, wherein
a minimum spacing between the first antenna group and the second antenna group is greater than an aperture length of the third antenna group (see Figs. 3 and 4, which depicts the spacing between antenna groups to be greater than the aperture length of the third antenna group RX1, further see annotated Fig. 10 in claim 1 above for support to note which groups are the “first antenna group” and “second antenna group”, further see paragraph 0033 for support which discusses the aperture lengths).
Regarding claim 6, Loesch further discloses
The radar apparatus according to claim 1, wherein
the first antenna group and the second antenna group include one or more shared antennas (see new annotated Fig. 10 below which shows that based on the which groups are considered the “first antenna group” and the “second antenna group”, the first and second antenna groups can indeed include shared antennas, NOTE: based on the BRI of the claim language, the “grouping” is discretionary).
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Regarding claim 7, Loesch further discloses
The radar apparatus according to claim 1, wherein
an antenna arrangement included in the first antenna group and an antenna arrangement included in the second antenna group have line symmetry with respect to a line orthogonal to the third direction (see annotated Fig. 10 below, “line of symmetry”).
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Regarding claim 8, Loesch further discloses
The radar apparatus according to claim 2, wherein:
a spacing between adjacent antennas of the third antenna group in the horizontal direction is dT × DH (see paragraph 0032, “The distance from patch to patch within each group antenna is λ/2 in both the horizontal as well as in the vertical. The four receiving antennas RX1 through RX4 are situated at distances of 2λ, i.e., the distance between the phase centers of two adjacent receiving antennas is 2λ. Transmitting antenna TX1 is offset outwardly by 1λ, from receiving antenna RX1 in the horizontal. Symmetrically thereto, transmitting antenna TX2 is offset outwardly by 1λ, with respect to receiving antenna RX4.”, NOTE: accordingly, the value of DH is in a range of 0.45 to 0.8 times the wavelength of the transmission signal and the value of dT is equal to or greater than 2),
a spacing between adjacent antennas included in the first antenna group in the horizontal direction is dRH1× DH (see paragraph 0032, “Patches 18 of the transmitting antennas and of the receiving antennas are quadratic and have an edge length of λ/4, λ being the (average) wavelength of the emitted radar waves. The distance from patch to patch within each group antenna is λ/2 in both the horizontal as well as in the vertical. The four receiving antennas RX1 through RX4 are situated at distances of 2λ, i.e., the distance between the phase centers of two adjacent receiving antennas is 2λ. Transmitting antenna TX1 is offset outwardly by 1λ, from receiving antenna RX1 in the horizontal. Symmetrically thereto, transmitting antenna TX2 is offset outwardly by 1λ, with respect to receiving antenna RX4.”; NOTE: accordingly, the value of DH is in a range of 0.45 to 0.8 times the wavelength of the transmission signal and the value of dRH1 is a value equal to or greater than 1),
a spacing between adjacent antennas included in the first antenna group in the vertical direction is dRV × DV (see paragraph 0032, “Patches 18 of the transmitting antennas and of the receiving antennas are quadratic and have an edge length of λ/4, λ being the (average) wavelength of the emitted radar waves. The distance from patch to patch within each group antenna is λ/2 in both the horizontal as well as in the vertical. The four receiving antennas RX1 through RX4 are situated at distances of 2λ, i.e., the distance between the phase centers of two adjacent receiving antennas is 2λ. Transmitting antenna TX1 is offset outwardly by 1λ, from receiving antenna RX1 in the horizontal. Symmetrically thereto, transmitting antenna TX2 is offset outwardly by 1λ, with respect to receiving antenna RX4.”; NOTE: accordingly, the value of Dv is in a range of 0.45 to 0.8 times the wavelength of the transmission signal and the value of dRV is a value equal to or greater than 1),
a spacing between adjacent antennas included in the second antenna group in the horizontal direction is dRH2× DH (see paragraph 0032, “Patches 18 of the transmitting antennas and of the receiving antennas are quadratic and have an edge length of λ/4, λ being the (average) wavelength of the emitted radar waves. The distance from patch to patch within each group antenna is λ/2 in both the horizontal as well as in the vertical. The four receiving antennas RX1 through RX4 are situated at distances of 2λ, i.e., the distance between the phase centers of two adjacent receiving antennas is 2λ. Transmitting antenna TX1 is offset outwardly by 1λ, from receiving antenna RX1 in the horizontal. Symmetrically thereto, transmitting antenna TX2 is offset outwardly by 1λ, with respect to receiving antenna RX4.”; NOTE: accordingly, the value of DH is in a range of 0.45 to 0.8 times the wavelength of the transmission signal and the value of dRH2 is a value equal to or greater than 1),
a spacing between adjacent antennas included in the second antenna group in the vertical direction is dRV × DV (see paragraph 0032, “Patches 18 of the transmitting antennas and of the receiving antennas are quadratic and have an edge length of λ/4, λ being the (average) wavelength of the emitted radar waves. The distance from patch to patch within each group antenna is λ/2 in both the horizontal as well as in the vertical. The four receiving antennas RX1 through RX4 are situated at distances of 2λ, i.e., the distance between the phase centers of two adjacent receiving antennas is 2λ. Transmitting antenna TX1 is offset outwardly by 1λ, from receiving antenna RX1 in the horizontal. Symmetrically thereto, transmitting antenna TX2 is offset outwardly by 1λ, with respect to receiving antenna RX4.”; NOTE: accordingly, the value of Dv is in a range of 0.45 to 0.8 times the wavelength of the transmission signal and the value of dRV is a value equal to or greater than 1),
the DH and the DV are values in a range of 0.45 to 0.8 times the wavelength of the transmission signal (NOTE: a value chosen from this range fulfills the values needed to meet the spacing requirements as noted in paragraph 0032), and
the dT is a value equal to or greater than 2, each of the dRV, dRH1 and the dRH2 is a value equal to or greater than 1 (NOTE: a value chosen from this range fulfills the values needed to meet the spacing requirements as noted in paragraph 0032).
Regarding claim 9, Loesch further discloses
The radar apparatus according to claim 1, wherein
a spacing between adjacent antennas is an equal spacing in each of the third antenna group, the first antenna group, and the second antenna group (see annotated Fig. 10 in claim 1 above where spacing between adjacent antennas is equal in each group).
Regarding claim 11, Loesch further discloses
The radar apparatus according to claim 1, wherein
the third antenna group includes a plurality of sets of at least some antennas arranged in the third direction ((see annotated Fig. 10 in claim 1 above, where the third group of antennas includes antennas arranged in the third direction (i.e. the horizontal direction)).
Regarding claim 12, Loesch further discloses
The radar apparatus according to claim 1, wherein
the reception circuitry is further connected to a plurality of second reception antennas (see annotated Fig. 10 below noting the “a plurality of first reception antennas”, further see paragraph 0027, “Object 14, which in practice is significantly further away from antenna array 10 than in the schematic representation in FIG. 1, is within the transceiver lobes of all transceiver antennas, so that a radar signal that is emitted by any one of transmitting antennas TX1 through TX3 and is reflected on object 14 may be received by each of receiving antennas RX1 through RX4”),
two or more antennas among the plurality of second reception antennas constitute a fifth antenna group, and are disposed in the first direction (see annotated Fig. 10 below), and
the plurality of second reception antennas other than the two or more antennas constitute a sixth antenna group, and are disposed in the second direction (see annotated Fig. 10 below).
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Regarding claim 14, Loesch further discloses
The radar apparatus according to claim 1, wherein
wherein the transmission circuitry is further connected to a plurality of second transmission antennas (see paragraph 0025, “In each of the transmitting antennas, patches 18 are fed with in-phase transmission signals supplied by control and evaluation unit 12. The matrix-like arrangement of patches 18 results in a bundling of the emitted radar radiation.”, further see paragraph 0029, “The control and evaluation unit 12 is depicted in FIG. 2 in somewhat greater detail and includes a high-frequency transmission part 20, which generates the transmission signals for the transmitting antennas,”), and
the plurality of second transmission antennas constitute a fourth antenna group, and are disposed in a fourth direction different from the third direction (see annotated Fig. 10 below).
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Regarding claim 15, Loesch further discloses
The radar apparatus according to claim 2, wherein:
the transmission circuitry is further connected to a plurality of transmission antennas (see paragraph 0025, “In each of the transmitting antennas, patches 18 are fed with in-phase transmission signals supplied by control and evaluation unit 12. The matrix-like arrangement of patches 18 results in a bundling of the emitted radar radiation.”, further see paragraph 0029, “The control and evaluation unit 12 is depicted in FIG. 2 in somewhat greater detail and includes a high-frequency transmission part 20, which generates the transmission signals for the transmitting antennas,”),
and the plurality of second transmission antennas constitute a fourth antenna group and are disposed in a fourth direction different from the third direction (see annotated Fig. 10 from claim 14), and
the third direction and the fourth direction are different directions with respect to the horizontal direction and the vertical direction (see annotated Fig. 10 from claim 14 where the fourth direction is noted and is different with response to the horizontal and vertical direction).
Regarding claim 16, Loesch further discloses
The radar apparatus according to claim 14, wherein
the first direction, the second direction, the third direction, and the fourth direction are different from one another (see annotated Fig. 10 from claim 14 where the first direction, second direction, third direction and fourth direction are different from one another).
Regarding claim 17, Loesch further discloses
The radar apparatus according to claim 14, wherein
the first antenna group and the second antenna group include one or more shared antennas (see annotated Fig. 10 from claim 6 where the first antenna group noted and the fourth antenna group noted include shared antennas).
Regarding claim 18, Loesch further discloses
The radar apparatus according to claim 15, wherein:
a spacing between adjacent antennas of the third antenna group in the horizontal direction is dTH1× DH (see paragraph 0032, “The distance from patch to patch within each group antenna is λ/2 in both the horizontal as well as in the vertical. The four receiving antennas RX1 through RX4 are situated at distances of 2λ, i.e., the distance between the phase centers of two adjacent receiving antennas is 2λ. Transmitting antenna TX1 is offset outwardly by 1λ, from receiving antenna RX1 in the horizontal. Symmetrically thereto, transmitting antenna TX2 is offset outwardly by 1λ, with respect to receiving antenna RX4.”, NOTE: accordingly, the value of DH is in a range of 0.45 to 0.8 times the wavelength of the transmission signal and the value of dTH1 is equal to or greater than 1),
a spacing between adjacent antennas included in the third antenna group in the vertical direction is dTV1× DV (see paragraph 0032, “The distance from patch to patch within each group antenna is λ/2 in both the horizontal as well as in the vertical. The four receiving antennas RX1 through RX4 are situated at distances of 2λ, i.e., the distance between the phase centers of two adjacent receiving antennas is 2λ. Transmitting antenna TX1 is offset outwardly by 1λ, from receiving antenna RX1 in the horizontal. Symmetrically thereto, transmitting antenna TX2 is offset outwardly by 1λ, with respect to receiving antenna RX4.”, NOTE: accordingly, the value of Dv is in a range of 0.45 to 0.8 times the wavelength of the transmission signal and the value of dTV1 is equal to or greater than 1),
a spacing between adjacent antennas of the fourth antenna group in the horizontal direction is dTH2× DH (see paragraph 0032, “The distance from patch to patch within each group antenna is λ/2 in both the horizontal as well as in the vertical. The four receiving antennas RX1 through RX4 are situated at distances of 2λ, i.e., the distance between the phase centers of two adjacent receiving antennas is 2λ. Transmitting antenna TX1 is offset outwardly by 1λ, from receiving antenna RX1 in the horizontal. Symmetrically thereto, transmitting antenna TX2 is offset outwardly by 1λ, with respect to receiving antenna RX4.”, NOTE: accordingly, the value of DH is in a range of 0.45 to 0.8 times the wavelength of the transmission signal and the value of dTH2 is equal to or greater than 1),
a spacing between adjacent antennas included in the fourth antenna group in the vertical direction is dTV2× DV (see paragraph 0032, “The distance from patch to patch within each group antenna is λ/2 in both the horizontal as well as in the vertical. The four receiving antennas RX1 through RX4 are situated at distances of 2λ, i.e., the distance between the phase centers of two adjacent receiving antennas is 2λ. Transmitting antenna TX1 is offset outwardly by 1λ, from receiving antenna RX1 in the horizontal. Symmetrically thereto, transmitting antenna TX2 is offset outwardly by 1λ, with respect to receiving antenna RX4.”, NOTE: accordingly, the value of Dv is in a range of 0.45 to 0.8 times the wavelength of the transmission signal and the value of dTV2 is equal to or greater than 1),
a spacing between adjacent antennas included in the first antenna group in the horizontal direction is dRH1× DH (see paragraph 0032, “The distance from patch to patch within each group antenna is λ/2 in both the horizontal as well as in the vertical. The four receiving antennas RX1 through RX4 are situated at distances of 2λ, i.e., the distance between the phase centers of two adjacent receiving antennas is 2λ. Transmitting antenna TX1 is offset outwardly by 1λ, from receiving antenna RX1 in the horizontal. Symmetrically thereto, transmitting antenna TX2 is offset outwardly by 1λ, with respect to receiving antenna RX4.”, NOTE: accordingly, the value of DH is in a range of 0.45 to 0.8 times the wavelength of the transmission signal and the value of dRH1 is equal to or greater than 1),
a spacing between adjacent antennas included in the first antenna group in the vertical direction is dRV1× DV (see paragraph 0032, “The distance from patch to patch within each group antenna is λ/2 in both the horizontal as well as in the vertical. The four receiving antennas RX1 through RX4 are situated at distances of 2λ, i.e., the distance between the phase centers of two adjacent receiving antennas is 2λ. Transmitting antenna TX1 is offset outwardly by 1λ, from receiving antenna RX1 in the horizontal. Symmetrically thereto, transmitting antenna TX2 is offset outwardly by 1λ, with respect to receiving antenna RX4.”, NOTE: accordingly, the value of Dv is in a range of 0.45 to 0.8 times the wavelength of the transmission signal and the value of dRV1 is equal to or greater than 1),
a spacing between adjacent antennas included in the second antenna group in the horizontal direction is dRH2× DH (see paragraph 0032, “The distance from patch to patch within each group antenna is λ/2 in both the horizontal as well as in the vertical. The four receiving antennas RX1 through RX4 are situated at distances of 2λ, i.e., the distance between the phase centers of two adjacent receiving antennas is 2λ. Transmitting antenna TX1 is offset outwardly by 1λ, from receiving antenna RX1 in the horizontal. Symmetrically thereto, transmitting antenna TX2 is offset outwardly by 1λ, with respect to receiving antenna RX4.”, NOTE: accordingly, the value of DH is in a range of 0.45 to 0.8 times the wavelength of the transmission signal and the value of dRH2 is equal to or greater than 1),
a spacing between adjacent antennas included in the second antenna group in the vertical direction is dRV2× DV (see paragraph 0032, “The distance from patch to patch within each group antenna is λ/2 in both the horizontal as well as in the vertical. The four receiving antennas RX1 through RX4 are situated at distances of 2λ, i.e., the distance between the phase centers of two adjacent receiving antennas is 2λ. Transmitting antenna TX1 is offset outwardly by 1λ, from receiving antenna RX1 in the horizontal. Symmetrically thereto, transmitting antenna TX2 is offset outwardly by 1λ, with respect to receiving antenna RX4.”, NOTE: accordingly, the value of DV is in a range of 0.45 to 0.8 times the wavelength of the transmission signal and the value of dRV2 is equal to or greater than 1),
the DH and the DV are values in a range of 0.45 to 0.8 times the wavelength of the transmission signal (NOTE: a value chosen from this range fulfills the values needed to meet the spacing requirements as noted in paragraph 0032), and
each of the dTH1, the dTV1, the dTH2, the dTV2, the dRH1, the dRV1, the dRH2, and the dRV2 is a value equal to or greater than 1 (NOTE: a value chosen from this range fulfills the values needed to meet the spacing requirements as noted in paragraph 0032).
Regarding claim 19, Loesch further discloses
The radar apparatus according to claim 14, wherein:
the third direction is a same direction as the first direction (see annotated Fig. 10 in claim 1 and in claim 14), and
the fourth direction is a same direction as the second direction(see annotated Fig. 10 in claim 1 and in claim 14).
Regarding claim 20, Loesch further discloses
The radar apparatus according to claim 1, wherein
a spacing between adjacent antennas in the third antenna group is equal to or greater than one wavelength of the transmission signal (see paragraph 0032, “The four receiving antennas RX1 through RX4 are situated at distances of 2λ, i.e., the distance between the phase centers of two adjacent receiving antennas is 2λ. Transmitting antenna TX1 is offset outwardly by 1λ, from receiving antenna RX1 in the horizontal. Symmetrically thereto, transmitting antenna TX2 is offset outwardly by 1λ, with respect to receiving antenna RX4.”).
Regarding claims 21 and 22, the same cited section and rationale as claim 1 is applied.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Loesch et al. (US 20190391230 A1) in view of KISHIGAMI (US 20190115670 A1).
Regarding claim 10, Loesch discloses [Note: what Loesch fails to clearly disclose is strike-through]
The radar apparatus according to claim 1, wherein
KISHIGAMI discloses,
a spacing between adjacent antennas includes one or more unequal spacings in at least one of the third antenna group, the first antenna group, and the second antenna group (see paragraph 0135, “That is, in a case where it is assumed that the first antenna group and the third antenna group are identical in position in a vertical direction, the interelement spacings between vertically adjacent antennas in the first antenna group (Tx #1 and TX #2) (or the third antenna group (Rx #1 to Rx #3)), the second antenna (Tx #3), and the fourth antenna (Rx #4) may be equal spacings or unequal spacings.”).
It would have been obvious to someone with ordinary skill in the art prior to the
effective filing date of the claimed invention to incorporate the features as disclosed by KISHIGAMI into the invention of Loesch. Both references are considered analogous arts to the claimed invention as they both disclose a vehicular MIMO radar device. The combination of would be obvious with a reasonable expectation of success in order to increase aperture size by the radar system (see paragraph 0008 of KISHIGAMI).
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Loesch et al. (US 20190391230 A1) in view of IWASA et al. (US 20190285738 A1).
Regarding claim 13, Loesch discloses [Note: what Loesch fails to clearly disclose is strike-through]
The radar apparatus according to claim 1, wherein
IWASA discloses,
the plurality of transmission antenna elements include two types of antenna elements differing at least in size (see paragraph 0218, “Note that in FIG. 24, the sizes of the transmitting antenna elements Tx#1 through #8 and the receiving antenna elements Rx#1 through #6 are the same. However, the sizes of the transmitting antenna elements Tx#1 through #8 and the receiving antenna elements Rx#1 through #6 may differ, as long as the sizes are such that there is no interference among adjacent antenna elements.”).
It would have been obvious to someone with ordinary skill in the art prior to the
effective filing date of the claimed invention to incorporate the features as disclosed by IWASA into the invention of Loesch. Both references are considered analogous arts to the claimed invention as they both disclose a vehicular MIMO radar device. The combination of would be obvious with a reasonable expectation of success in order to increase the antenna gain of the main transmission beam (see paragraph 0058 of IWASA).
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 NAZRA N. WAHEED whose telephone number is (571)272-6713. The examiner can normally be reached M-F (8 AM - 4:30 PM).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Vladimir Magloire can be reached at (571)270-5144. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/NAZRA NUR WAHEED/Examiner, Art Unit 3648
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