DETAILED ACTION
Response to Arguments
Applicant’s arguments filled 03/20/2026 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-6, 8-21 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over HAMMERSCHMIDT(US20210033703A1) in view of Kulkarni(US20160066137A1)
Regarding claim 1, HAMMERSCHMIDT discloses
A sensor system, comprising: at least one transmitter (“at least one transmitter” [0004]); a receiver circuit (“at least one receiver” [0004]); and a metamaterial layer (“a first millimeter-wave (mm-wave) metamaterial “ [0004]) having a relative position that is configured to vary relative to at least one of the at least one transmitter or the receiver circuit (“the first mm-wave metamaterial track is arranged around the rotational axis” [0004]), wherein the metamaterial layer comprises single continuous array of elementary structures arranged within a coordinate system of the metamaterial layer (“ a first array of elementary structures” [0004]), wherein the single continuous array of elementary structures comprises a first metamaterial characteristic that changes along a first coordinate variation of the coordinate system (“at least one first characteristic that changes around a perimeter of the first mm-wave metamaterial track” [0004]) […] wherein the at least one transmitter is configured to transmit a first electromagnetic transmit wave toward the metamaterial layer (“at least one transmitter configured to transmit an electro-magnetic transmit signal towards the mm-wave metamaterial track” [0006]), wherein the metamaterial layer is configured to convert the first electromagnetic transmit wave into a first electromagnetic receive wave based on the relative position (“where the mm-wave metamaterial track converts the electro-magnetic transmit signal into an electro-magnetic receive signal” [0006]), and wherein the receiver circuit is configured to receive the first electromagnetic receive wave (“at least one receiver configured to receive the first electro-magnetic receive signal” [0004]) and determine the relative position based on the first electromagnetic receive wave (“An absolute angular position of the rotatable target object 30 is then determined” [0065]).
HAMMERSCHMIDT does not appear to explicitly disclose second metamaterial characteristic that changes along a second coordinate variation of the coordinate system wherein the array is a single continuous array. Kulkarni discloses, a second metamaterial characteristic that changes along a second coordinate variation of the coordinate system (“ If programmed and/or commanded to do so the system trains a given array by causing the reader node to change the polarization pattern of each of the elements of that array” [0232] & FIG.5, Parts.551-554), and wherein the first metamaterial characteristic is different from the second metamaterial characteristic (“a given antenna array consists of a plurality of antenna elements, where the elements may vary in properties, such as directionality, polarization, and the like” [0227]).
Kulkarni teaches in the same field of radio antenna array design. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify HAMMERSCHMIDT with the teachings of Kulkarni to incorporate the features of a second metamaterial characteristic that changes along a second coordinate variation of the coordinate system wherein the array is a single continuous array so as to gain the advantage of improving signal strength patterns availability [0227, Kulkarni]. Also, since it has been held that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill (MPEP 2143).
Regarding claim 2, HAMMERSCHMIDT as modified by Kulkarni discloses
The sensor system of claim 1, wherein the receiver circuit is configured to generate a first measured value of the first electromagnetic receive wave (“ receives one or more signals (i.e., sensor signals) from one or more sensor elements in the form of raw measurement data and derives, from the sensor signal, a measurement signal that represents the physical quantity” [0026] & “A receiver circuit may receive and demodulate a receive signal, and evaluate an amplitude modulation“[0070])), generate a second measured value of the first electromagnetic receive wave (“ A certain change in phase
or amplitude relative to the carrier signal (i.e., a phase shift or an amplitude shift) can correspond to the absolute angular position of the corresponding metamaterial track” [0072]), apply a first function using the first measured value and the second measured value to obtain a first measurement, apply a second function using the first measured value and the second measured value to obtain a second measurement (“A receiver circuit may receive and demodulate a receive signal, and evaluate an amplitude modulation and/or a phase modulation of the receive signal using amplitude analysis and/or phase analysis” [0070]), and determine the relative position based on the first measurement and the second measurement, wherein the second function is different from the first function (“The DSP 84 is configured to perform the aforementioned phase analysis, amplitude analysis, and/or frequency analysis to determine an absolute angular position of the metamaterial track “ [0087])
Regarding claim 3, HAMMERSCHMIDT as modified by Kulkarni discloses
The sensor system of claim 1, wherein the at least one transmitter is configured to transmit the first electromagnetic transmit wave, having a wave property set to a first value (“ the transceiver 35 may transmit a continuous mm-wave as a carrier signal that has a constant frequency” [0072]), toward the metamaterial layer (FIG.3A, Part.36) and transmit a second electromagnetic transmit wave, having the wave property set to a second value, toward the metamaterial layer, wherein the first value of the wave property is different from the second value of the wave property (“multiple transmitter antennas or transmitter antenna arrays may be used such that each antenna or antenna array is focused on a different track.” [0057]), wherein the metamaterial layer is configured to convert the first electromagnetic transmit wave into the first electromagnetic receive wave based on the relative position (“an electro-magnetic transmit signal is converted into an electro-magnetic receive signal by interacting with a metamaterial track” [0065]), wherein the metamaterial layer is configured to convert the second electromagnetic transmit wave into a second electromagnetic receive wave based on the relative position (“Each receiver antenna is coupled to receiver circuitry configured to demodulate a receive signal in order to determine a characteristic of the receive signal” [0065]), and wherein the receiver circuit is configured to receive the first electromagnetic receive wave and the second electromagnetic receive wave (“Two or more mm-wave parameters of a same receive signal or of different receive signals may be evaluated simultaneously ” [0094]), and determine the relative position based on the first electromagnetic receive wave and the second electromagnetic receive wave (“An absolute angular position of the rotatable target object 30 is then determined by the receiver circuit” [0065]).
Regarding claim 4, HAMMERSCHMIDT as modified by Kulkarni discloses
The sensor system of claim 3, wherein the wave property set to the first value is a first polarization and the wave property set to the second value is a second polarization (“an influence on the polarization is realized since the direction of the dominant E Field in the gap is changing” [0100]), or wherein the wave property set to the first value is a first frequency range and the wave property set to the second value is a second frequency range (“Frequency modulation may be used on the transmitter side to characterize the transfer function of the transmission channel including the metamaterial over frequency” [0082]).
Regarding claim 5, HAMMERSCHMIDT as modified by Kulkarni discloses
The sensor system of claim 3, wherein the receiver circuit is configured to generate a first measured value of the first electromagnetic receive wave( “A receiver circuit may receive and demodulate a receive signal, and evaluate an amplitude modulation“[0070])), generate a second measured value of the second electromagnetic receive wave (“ A certain change in phase or amplitude relative to the carrier signal (i.e., a phase shift or an amplitude shift) can correspond to the absolute angular position of the corresponding metamaterial track” [0072]), apply a first function using the first measured value and the second measured value to obtain a first measurement, apply a second function using the first measured value and the second measured value to obtain a second measurement (“A receiver circuit may receive and demodulate a receive signal, and evaluate an amplitude modulation and/or a phase modulation of the receive signal using amplitude analysis and/or phase analysis” [0070]), and determine the relative position based on the first measurement and the second measurement, wherein the second function is different from the first function (“The DSP 84 is configured to perform the aforementioned phase analysis, amplitude analysis, and/or frequency analysis to determine an absolute angular position of the metamaterial track “ [0087]).
Regarding claim 6, HAMMERSCHMIDT as modified by Kulkarni discloses
The sensor system of claim 5, wherein the first measured value is at least one of an amplitude or a frequency of the first electromagnetic receive wave (“The DSP 84 is configured to perform the aforementioned phase analysis, amplitude analysis, and/or frequency analysis to determine an absolute angular position of the metamaterial track and/or the rotatable target object based on the determined” [0087]).
Regarding claim 8, HAMMERSCHMIDT as modified by Kulkarni discloses
The sensor system of claim 3, wherein the receiver circuit is configured to generate a first measurement based on a first function that has a first defined correlation with a variation of the first metamaterial characteristic relative to the relative position (“ the receiver circuit is configured to determine a phase” [0072]), wherein the receiver circuit is configured to use a measurement of the first electromagnetic receive wave and a measurement of the second electromagnetic receive wave as first input variables for the first function to generate the first measurement (“The DSP 84 is configured to perform the aforementioned phase analysis, amplitude analysis, and/or frequency analysis to determine an absolute angular position of the metamaterial track “ [0087]), wherein the receiver circuit is configured to generate a second measurement based on a second function that has a second defined correlation with a variation of the […] relative to the relative position (“A receiver circuit may receive and demodulate a receive signal, and evaluate an amplitude modulation” [0070]), wherein the receiver circuit is configured to use the measurement of the first electromagnetic receive wave and the measurement of the second electromagnetic receive wave as second input variables for the second function to generate the second measurement (“This change in coupling capacitance along the rotation direction (i.e., along the perimeter of the metamaterial track) shifts the resonance frequency such that the change in the phase shift or the amplitude of the receive signal with respect to the transmit signal can be measured “ [0098]), and wherein the receiver circuit is configured to determine the relative position based on the first measurement and the second measurement (“compare the determined phase and/or amplitude to the phase and/or amplitude of the carrier signal, respectively, to derive the absolute angular position of the corresponding metamaterial track” [0072]).
HAMMERSCHMIDT discloses making a second measurement based on a second function that has a second defined correlation with a metamaterial variation but not appear to explicitly disclose a second metamaterial characteristic that changes along a second coordinate variation of the coordinate system wherein the array is a single continuous array. Kulkarni discloses a second metamaterial characteristic (“ If programmed and/or commanded to do so the system trains a given array by causing the reader node to change the polarization pattern of each of the elements of that array” [0232] & FIG.5, Parts.551-554).
Kulkarni teaches in the same field of radio antenna array design. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify HAMMERSCHMIDT with the teachings of Kulkarni to incorporate the features of a second metamaterial characteristic that changes along a second coordinate variation of the coordinate system wherein the array is a single continuous array so as to gain the advantage of improving signal strength patterns availability [0227, Kulkarni]. Also, since it has been held that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill (MPEP 2143).
Regarding claim 9, HAMMERSCHMIDT as modified by Kulkarni discloses
The sensor system of claim 3, wherein the receiver circuit is configured to generate a first measurement based on the first electromagnetic receive wave and the second electromagnetic receive wave
, wherein the first measurement has a first dependency on the first metamaterial characteristic relative to the relative position (“the rotation direction may be determined at each zero-crossing or at some other switching threshold of a first measurement signal “ [0076]), wherein the receiver circuit is configured to generate a second measurement based on the first electromagnetic receive wave and the second electromagnetic receive wave, wherein the second measurement has a second dependency on the […] metamaterial characteristic relative to the relative position (“ A positive value of the second measurement signal at a falling edge of the first measurement signal may indicate a second rotation direction” [0077]), and wherein the receiver circuit is configured to determine the relative position based on the first measurement and the second measurement (“The DSP 84 is configured to perform the aforementioned phase analysis, amplitude analysis, and/or frequency analysis to determine an absolute angular position of the metamaterial track “ [0087]).
HAMMERSCHMIDT discloses making a second measurement based on the first electromagnetic receive wave and the second electromagnetic receive wave with a dependency on a metamaterial variation but not appear to explicitly disclose a second metamaterial characteristic that changes along a second coordinate variation of the coordinate system wherein the array is a single continuous array. Kulkarni discloses a second metamaterial characteristic (“ If programmed and/or commanded to do so the system trains a given array by causing the reader node to change the polarization pattern of each of the elements of that array” [0232] & FIG.5, Parts.551-554).
Kulkarni teaches in the same field of radio antenna array design. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify HAMMERSCHMIDT with the teachings of Kulkarni to incorporate the features of a second metamaterial characteristic that changes along a second coordinate variation of the coordinate system wherein the array is a single continuous array so as to gain the advantage of improving signal strength patterns availability [0227, Kulkarni]. Also, since it has been held that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill (MPEP 2143).
Regarding claim 10, HAMMERSCHMIDT as modified by Kulkarni discloses
The sensor system of claim 1, wherein the receiver circuit is configured to generate a first measurement based on a first function that has a first defined correlation with a variation of the first metamaterial characteristic relative to the relative position (“the rotation direction may be determined at each zero-crossing or at some other switching threshold of a first measurement signal “ [0076]), wherein the receiver circuit is configured to use a first wave measurement and a second wave measurement of the first electromagnetic receive wave as first input variables for the first function to generate the first measurement (“ DSP may evaluate the sign of the second measurement signal at each zero crossing of the first measurement signal” [0078]), wherein the receiver circuit is configured to generate a second measurement based on a second function that has a second defined correlation with a variation of the […] metamaterial characteristic relative to the relative position(“ A positive value of the second measurement signal at a falling edge of the first measurement signal may indicate a second rotation direction” [0077]), wherein the receiver circuit is configured to use the first wave measurement and the second wave measurement as second input variables for the second function to generate the second measurement, and wherein the receiver circuit is configured to determine the relative position based on the first measurement and the second measurement (“The DSP 84 is configured to perform the aforementioned phase analysis, amplitude analysis, and/or frequency analysis to determine an absolute angular position of the metamaterial track “ [0087]).
HAMMERSCHMIDT discloses making a second measurement based on a second function that has a second defined correlation with a variation of the metamaterial characteristic but not appear to explicitly disclose a second metamaterial characteristic that changes along a second coordinate variation of the coordinate system wherein the array is a single continuous array. Kulkarni discloses a second metamaterial characteristic (“ If programmed and/or commanded to do so the system trains a given array by causing the reader node to change the polarization pattern of each of the elements of that array” [0232] & FIG.5, Parts.551-554).
Kulkarni teaches in the same field of radio antenna array design. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify HAMMERSCHMIDT with the teachings of Kulkarni to incorporate the features of a second metamaterial characteristic that changes along a second coordinate variation of the coordinate system wherein the array is a single continuous array so as to gain the advantage of improving signal strength patterns availability [0227, Kulkarni]. Also, since it has been held that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill (MPEP 2143).
Regarding claim 11, HAMMERSCHMIDT as modified by Kulkarni discloses
The sensor system of claim 1, wherein the receiver circuit is configured to generate a first measurement based on the first electromagnetic receive wave, wherein the first measurement has a first dependency on the first metamaterial characteristic relative to the relative position(“the rotation direction may be determined at each zero-crossing or at some other switching threshold of a first measurement signal “ [0076]), wherein the receiver circuit is configured to generate a second measurement based on the first electromagnetic receive wave, wherein the second measurement has a second dependency on the […] metamaterial characteristic relative to the relative position (“ A positive value of the second measurement signal at a falling edge of the first measurement signal may indicate a second rotation direction” [0077]), and wherein the receiver circuit is configured to determine the relative position based on the first measurement and the second measurement (“The DSP 84 is configured to perform the aforementioned phase analysis, amplitude analysis, and/or frequency analysis to determine an absolute angular position of the metamaterial track “ [0087]).
HAMMERSCHMIDT discloses making a second measurement based on the first electromagnetic receive wave, wherein the second measurement has a second dependency on the metamaterial characteristic but not appear to explicitly disclose a second metamaterial characteristic that changes along a second coordinate variation of the coordinate system wherein the array is a single continuous array. Kulkarni discloses a second metamaterial characteristic (“ If programmed and/or commanded to do so the system trains a given array by causing the reader node to change the polarization pattern of each of the elements of that array” [0232] & FIG.5, Parts.551-554).
Kulkarni teaches in the same field of radio antenna array design. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify HAMMERSCHMIDT with the teachings of Kulkarni to incorporate the features of a second metamaterial characteristic that changes along a second coordinate variation of the coordinate system wherein the array is a single continuous array so as to gain the advantage of improving signal strength patterns availability [0227, Kulkarni]. Also, since it has been held that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill (MPEP 2143).
Regarding claim 12, HAMMERSCHMIDT as modified by Kulkarni discloses
The sensor system of claim 1, wherein the elementary structures have coordinate-dependent characteristic that varies along the first coordinate variation of the coordinate system (“the mm-wave metamaterial track includes an array of elementary structures having at least one first characteristic that changes along the mm-wave metamaterial track in the linear moving direction“ [0006])
HAMMERSCHMIDT does not appear to explicitly disclose second metamaterial characteristic that changes along a second coordinate variation of the coordinate system wherein the array is a single continuous array. Kulkarni discloses, varies along the second coordinate variation of the coordinate system (“a given antenna array consists of a plurality of antenna elements, where the elements may vary in properties, such as directionality, polarization, and the like” [0227]).
Kulkarni teaches in the same field of radio antenna array design. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify HAMMERSCHMIDT with the teachings of Kulkarni to incorporate the features of a second metamaterial characteristic that changes along a second coordinate variation of the coordinate system wherein the array is a single continuous array so as to gain the advantage of improving signal strength patterns availability [0227, Kulkarni]. Also, since it has been held that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill (MPEP 2143).
Regarding claim 13, HAMMERSCHMIDT as modified by Kulkarni discloses
The sensor system of claim 12, wherein the coordinate-dependent characteristic is a coordinate-dependent coupling that varies along the first coordinate variation of the coordinate system (“the mm-wave metamaterial track includes an array of elementary structures having at least one first characteristic that changes along the mm-wave metamaterial track in the linear moving direction“ [0006]) […], and wherein each coordinate of the metamaterial layer has a unique coordinate-dependent coupling (“The overall array provides macroscopic properties, which can be designed by the used elementary structures and their coupling paths.” [0036]).
HAMMERSCHMIDT does not appear to explicitly disclose second metamaterial characteristic that changes along a second coordinate variation of the coordinate system wherein the array is a single continuous array. Kulkarni discloses, varies along the second coordinate variation of the coordinate system (“a given antenna array consists of a plurality of antenna elements, where the elements may vary in properties, such as directionality, polarization, and the like” [0227]).
Kulkarni teaches in the same field of radio antenna array design. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify HAMMERSCHMIDT with the teachings of Kulkarni to incorporate the features of a second metamaterial characteristic that changes along a second coordinate variation of the coordinate system wherein the array is a single continuous array so as to gain the advantage of improving signal strength patterns availability [0227, Kulkarni]. Also, since it has been held that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill (MPEP 2143).
Regarding claim 14, HAMMERSCHMIDT as modified by Kulkarni discloses
The sensor system of claim 3, wherein the elementary structures have coordinate-dependent characteristic that varies along the first coordinate variation of the coordinate system(“the mm-wave metamaterial track includes an array of elementary structures having at least one first characteristic that changes along the mm-wave metamaterial track in the linear moving direction“ [0006]) […], wherein the receiver circuit is configured to generate a first measurement based on the first electromagnetic receive wave and the second electromagnetic receive wave (“the rotation direction may be determined at each zero-crossing or at some other switching threshold of a first measurement signal “ [0076]), wherein the first measurement has a first dependency on the coordinate-dependent characteristic relative to the relative position (“the behavior may also change with the frequency where it is operated and a structure that behaves as transmission line for one frequency may also expose a filter characteristic or create a resonance at another frequency of operation” [0038]), wherein the receiver circuit is configured to generate a second measurement based on the first electromagnetic receive wave and the second electromagnetic receive wave, (“ A positive value of the second measurement signal at a falling edge of the first measurement signal may indicate a second rotation direction” [0077]) wherein the second measurement has a second dependency on the coordinate-dependent characteristic relative to the relative position, […] and wherein the receiver circuit is configured to determine the relative position based on the first measurement and the second measurement (“The DSP 84 is configured to perform the aforementioned phase analysis, amplitude analysis, and/or frequency analysis to determine an absolute angular position of the metamaterial track “ [0087]).
HAMMERSCHMIDT does not appear to explicitly disclose second metamaterial characteristic that changes along a second coordinate variation of the coordinate system wherein the array is a single continuous array. Kulkarni discloses, varies along the second coordinate variation of the coordinate system (“ If programmed and/or commanded to do so the system trains a given array by causing the reader node to change the polarization pattern of each of the elements of that array” [0232] & FIG.5, Parts.551-554)wherein the second dependency is different from the first dependency (“a given antenna array consists of a plurality of antenna elements, where the elements may vary in properties, such as directionality, polarization, and the like” [0227]).
Kulkarni teaches in the same field of radio antenna array design. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify HAMMERSCHMIDT with the teachings of Kulkarni to incorporate the features of a second metamaterial characteristic that changes along a second coordinate variation of the coordinate system wherein the array is a single continuous array so as to gain the advantage of improving signal strength patterns availability [0227, Kulkarni]. Also, since it has been held that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill (MPEP 2143).
Regarding claim 15, HAMMERSCHMIDT as modified by Kulkarni discloses
The sensor system of claim 1, wherein the first metamaterial characteristic affects a first millimeter-wave (mm-wave) property of the metamaterial layer (“The structures or their arrangement in the array is varied around the rotational axis and changes at least one of the mm-wave properties of the arrangement dependent on the rotational angel of the actual position” [0092])
HAMMERSCHMIDT does not appear to explicitly disclose second metamaterial characteristic that changes along a second coordinate variation of the coordinate system wherein the array is a single continuous array. Kulkarni discloses the second metamaterial characteristic affects a second mm-wave property of the metamaterial layer (“ If programmed and/or commanded to do so the system trains a given array by causing the reader node to change the polarization pattern of each of the elements of that array” [0232] & FIG.5, Parts.551-554), and wherein the first mm-wave property is different from the second mm-wave property (“a given antenna array consists of a plurality of antenna elements, where the elements may vary in properties, such as directionality, polarization, and the like” [0227]).
Kulkarni teaches in the same field of radio antenna array design. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify HAMMERSCHMIDT with the teachings of Kulkarni to incorporate the features of a second metamaterial characteristic that changes along a second coordinate variation of the coordinate system wherein the array is a single continuous array so as to gain the advantage of improving signal strength patterns availability [0227, Kulkarni]. Also, since it has been held that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill (MPEP 2143).
Regarding claim 16, HAMMERSCHMIDT as modified by Kulkarni discloses
wherein the first metamaterial characteristic is a radial orientation of the elementary structures that changes incrementally along the first coordinate variation (FIG.6B, Parts 61b-64b), or wherein the first metamaterial characteristic is a polarization sensitivity of the elementary structures that rotates incrementally along the first coordinate variation (“The mm-wave property can be for example the […] polarization” [0092] & “ the structures in each row have a different angled orientation with respect to structures in neighboring rows” [0100])
Regarding claim 17, HAMMERSCHMIDT discloses as modified by Kulkarni discloses
The sensor system of claim 1, wherein the […] metamaterial characteristic is a size of the elementary structures that changes incrementally along the second coordinate variation (FIG.6D, Parts.61D-64D), or wherein the […] metamaterial characteristic is a geometry of the elementary structures that is scaled incrementally along the second coordinate variation (“the loop size of consecutive rows gradually changes along the rotation direction” [0104])
Although HAMMERSCHMIDT discloses wherein the metamaterial characteristic varies geometrically, it does not appear to explicitly disclose second metamaterial characteristic that changes along a second coordinate variation of the coordinate system wherein the array is a single continuous array. Kulkarni discloses this second metamaterial characteristic (“a given antenna array consists of a plurality of antenna elements, where the elements may vary in properties, such as directionality, polarization, and the like” [0227]).
Kulkarni teaches in the same field of radio antenna array design. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify HAMMERSCHMIDT with the teachings of Kulkarni to incorporate the features of a second metamaterial characteristic that changes along a second coordinate variation of the coordinate system wherein the array is a single continuous array so as to gain the advantage of improving signal strength patterns availability [0227, Kulkarni]. Also, since it has been held that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill (MPEP 2143).
Regarding claim 18, HAMMERSCHMIDT discloses as modified by Kulkarni discloses
The sensor system of claim 1, wherein the coordinate system is a polar coordinate system, the first coordinate variation is a radial dimension of the polar coordinate system (“each metamaterial track is configured such that a characteristic or property of the metamaterial changes along the perimeter of the track” [0066]), and […]an angular dimension of the polar coordinate system (“where antenna A3 picks up (i.e., couples out) the transmitted signal having an altered property due to the transmission along the metamaterial track 33.” [0119])
Although HAMMERSCHMIDT discloses angular dimension of the polar coordinate system, it does not appear to explicitly disclose second metamaterial characteristic that changes along a second coordinate variation of the coordinate system wherein the array is a single continuous array. Kulkarni discloses this second metamaterial characteristic (“a given antenna array consists of a plurality of antenna elements, where the elements may vary in properties, such as directionality, polarization, and the like” [0227]).
Kulkarni teaches in the same field of radio antenna array design. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify HAMMERSCHMIDT with the teachings of Kulkarni to incorporate the features of a second metamaterial characteristic that changes along a second coordinate variation of the coordinate system wherein the array is a single continuous array so as to gain the advantage of improving signal strength patterns availability [0227, Kulkarni]. Also, since it has been held that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill (MPEP 2143).
Regarding claim 19, HAMMERSCHMIDT as modified by Kulkarni discloses
The sensor system of claim 1, wherein the coordinate system is a Cartesian coordinate system, the first coordinate variation is a first axial direction (“The elementary structures can be three-dimensional as well, such as spiral coils and nested split ring resonators that are oriented into all three Cartesian coordinate directions” [0042]),
HAMMERSCHMIDT does not appear to explicitly disclose second metamaterial characteristic that changes along a second coordinate variation of the coordinate system wherein the array is a single continuous array. Kulkarni discloses, the second coordinate variation is a second axial direction that is different to the first axial direction (FIG.5, Parts.551-554)
Kulkarni teaches in the same field of radio antenna array design. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify HAMMERSCHMIDT with the teachings of Kulkarni to incorporate the features of the second coordinate variation being a second axial direction that is different to the first axial direction so as to gain the advantage of improving signal strength patterns availability [0227, Kulkarni]. Also, since it has been held that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill (MPEP 2143).
Regarding claim 20, HAMMERSCHMIDT as modified by Kulkarni discloses
The sensor system of claim 1, wherein the receiver circuit is configured to measure a phase shift of the first electromagnetic receive wave (“Then a local measurement of phase shift or amplitude attenuation is used” [0083]), and determine a distance to the metamaterial layer based on the phase shift (“a phase shift between two receive signals may be analyzed for determining an absolute angular position” [0073])
Regarding claim 21, HAMMERSCHMIDT as modified by Kulkarni discloses
The sensor system of claim 1, wherein the first metamaterial characteristic is a radial orientation of the elementary structures that changes incrementally along the first coordinate variation (“each metamaterial track is configured such that a characteristic or property of the metamaterial changes
along the perimeter of the track” [0066]), or wherein the first metamaterial characteristic is a polarization sensitivity of the elementary structures that rotates incrementally along the first coordinate variation (“The mm-wave property can be for example the […] polarization” [0092] & “ the structures in each row have a different angled orientation with respect to structures in neighboring rows” [0100]), and wherein the […] metamaterial characteristic is a size of the elementary structures that changes incrementally along the second coordinate variation(FIG.6D, Parts.61D-64D), or wherein the […] metamaterial characteristic is a geometry of the elementary structures that is scaled incrementally along the second coordinate variation (“the loop size of consecutive rows gradually changes along the rotation direction” [0104])
Although HAMMERSCHMIDT discloses wherein the metamaterial characteristic varies geometrically, it does not appear to explicitly disclose second metamaterial characteristic that changes along a second coordinate variation of the coordinate system wherein the array is a single continuous array. Kulkarni discloses this second metamaterial characteristic (“a given antenna array consists of a plurality of antenna elements, where the elements may vary in properties, such as directionality, polarization, and the like” [0227]).
Kulkarni teaches in the same field of radio antenna array design. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify HAMMERSCHMIDT with the teachings of Kulkarni to incorporate the features of a second metamaterial characteristic that changes along a second coordinate variation of the coordinate system wherein the array is a single continuous array so as to gain the advantage of improving signal strength patterns availability [0227, Kulkarni]. Also, since it has been held that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill (MPEP 2143).
Regarding claim 23, HAMMERSCHMIDT as modified by Kulkarni discloses
The sensor system of claim 1, wherein each elementary structure of the single continuous array of elementary structures is coupled to one or more elementary structures of the single continuous array of elementary structures (“a metamaterial is a two-dimensional (2D) or three-dimensional (3D) array of elementary structures, which are coupled to each other” [0035]).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over HAMMERSCHMIDT(US20210033703A1) as modified by Kulkarni(US20160066137A1), as applied to claim 5 above, and further in view of Qi(US20220261608A1).
Regarding claim 7, HAMMERSCHMIDT as modified by Kulkarni discloses all of the limitations of claim 5 While HAMMERSCHMIDT as modified by Kulkarni discloses a first and second function, HAMMERSCHMIDT does not explicitly disclose each respective formula. Qi discloses wherein, the second function includes M12 + M22, wherein M1 denotes the first measured value and M2 denotes the second measured value (EQU.5), wherein the first function includes M2/M1, wherein M1 denotes the first measured value and M2 denotes the second measured value, or wherein the first function includes (M1 – M2)/(M1 + M2), wherein M1 denotes the first measured value and M2 denotes the second measured value (EQU.6).
Qi teaches in the same field of radio frequency signal processing. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify HAMMERSCHMIDT as modified by Kulkarni with the teachings of Qi to incorporate the features of the second function including M12 + M22 and the first function including either M2/M1 or (M1 – M2)/(M1 + M2) so as to gain the advantage of improving positioning accuracy [0080, Qi]. Also, since it has been held that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill (MPEP 2143).
Allowable Subject Matter
Claim 22 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Documents Considered but not Relied Upon
The prior art made of record and not relied upon is considered pertinent to the applicant’s Disclosure.
Shams(US20220393341A1) is considered analogous art to the instant application as it discloses in [0021] “Metamaterials are typically arranged in repeating patterns. For antennas, metamaterials may be built at scales much smaller than the wavelengths of transmission signals radiated by the metamaterial.”
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/C.P.R./Examiner, Art Unit 3646
/JACK W KEITH/Supervisory Patent Examiner, Art Unit 3646
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