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 .
Election/Restrictions
Applicant's election with traverse of Species A (Claims 1-10) in the reply filed on 03 February 2026 is acknowledged. The traversal is on the ground(s) that the Species are not mutually exclusive and there is no search burden. This is not found persuasive because Applicant’s own admitted ambiguity is evidence that the inventions are mutually exclusive. Not knowing if Claim 1 encompasses a single mode or multi-mode operation makes distinct from Species B which explicitly separates steps into different modes of operation. How would the Examiner know which steps apply to the different modes in order to search the claim properly if the assumption is this claim could cover both single and multi-mode operations. The MPEP provides several reasons restriction is proper: (a) the inventions have acquired a separate status in the art in view of their different classification; (b) the inventions have acquired a separate status in the art due to their recognized divergent subject matter; (c) the inventions require a different field of search (for example, searching different classes/subclasses or electronic resources, or employing different search queries); (d) the prior art applicable to one invention would not likely be applicable to another invention; (e) the inventions are likely to raise different non-prior art issues under 35 U.S.C. 101 and/or 35 U.S.C. 112, first paragraph. In this case at least C and D apply as the search for different distinct modes as claimed in Species B would require different search strategies.
The requirement is still deemed proper and is therefore made FINAL.
Information Disclosure Statement
This office acknowledges receipt of the following item(s) from the applicant:
Information Disclosure Statement(s) (IDS) filed on 25 March 2024. The references have been considered.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-10 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more and is not integrated into a practical application. The claim(s) recite(s) limitations that are considered to be data processing. Concepts determined to be abstract ideas, and thus patent ineligible, include certain methods of organizing human activity, such as fundamental economic practices (Alice, 573 U.S. at 219—20; Bilski, 561 U.S. at 611); mathematical formulas (Parker v. Flook, 437 U.S. 584, 594—95 (1978)); and mental processes (Gottschalk v. Benson, 409 U.S. 63, 69 (1972)). The 101 guidance instructs us to look to whether the claim recites: (1) any judicial exceptions, including certain groupings of abstract ideas (i.e., mathematical concepts, certain methods of organizing human activity such as a fundamental economic practice, or mental processes); and (2) additional elements that integrate the judicial exception into a practical application (see MPEP § 2106.05(a)-(c), (e)-(h)). Only if a claim (1) recites a judicial exception and (2) does not integrate that exception into a practical application, do we then look to whether the claim: (3) adds a specific limitation beyond the judicial exception that is not “well-understood, routine, conventional” in the field (see MPEP § 2106.05(d)); or (4) simply appends well-understood, routine, conventional activities previously known to the industry, specified at a high level of generality, to the judicial exception. As best understood, the claims contain limitations are directed to data processing, as is similar to Electric Power Group, Benson and Flook.
Specifically, the claims obtain data and process the data using various algorithms and mathematical concepts to make a determination based on the processed data; mathematical formulas, equations or calculations to provide the output, these will all fall under the category of Mathematical Concepts and along with mental processes they are considered to be abstract. See the updated 101 guidance issued in October 2019, sections A and C.
Analysis of the claims
Step 2A, Prong One: This part of the eligibility analysis evaluates whether the claim recites a judicial exception. As explained in MPEP 2106.04, subsection II, a claim “recites” a judicial exception when the judicial exception is “set forth” or “described” in the claim.
Claim 1 recites: estimating an overall noise level of a received radar signal; determining a first noise threshold based on the estimated overall noise level; generating a radar map from the radar signal, the radar map comprising a plurality of bins; determining a first subset of the plurality of bins having amplitudes that exceed the first noise threshold; determining a constant false alarm rate (CFAR) threshold only for each bin of the first subset of the plurality of bins; and determining that bins of the first subset having amplitudes exceeding the CFAR threshold correspond to one or more detected object.
This judicial exception is not integrated into a practical application because the claims do not recite any limitation that links the process to anything other than the processing of data and making a determination based on the result of the data processing which encompass the use of mathematical operations or can be performed as a mental process which are recognized abstract ideas.
Step 2A, Prong Two: This part of the eligibility analysis evaluates whether the claim as a whole integrates the recited judicial exception into a practical application of the exception. This evaluation is performed by (1) identifying whether there are any additional elements recited in the claim beyond the judicial exception, and (2) evaluating those additional elements individually and in combination to determine whether the claim as a whole integrates the exception into a practical application. See MPEP 2106.04(d).
The claim recites a first additional element of “generating a radar map from the radar signal”. This step is recited at a high level of generality and amounts to mere data processing. It is necessary to acquire the data and process it to use the recited judicial exception to perform the calculations. The step amounts to insignificant extra-solution activity and does not integrate the exception into a practical application.
When determining whether a claim simply recites a judicial exception with the words “apply it” (or an equivalent), such as mere instructions to implement an abstract idea on a computer, examiners may consider: (1) whether the claim recites only the idea of a solution or outcome i.e., the claim fails to recite details of how a solution to a problem is accomplished; (2) whether the claim invokes computers or other machinery merely as a tool to perform an existing process; and (3) the particularity or generality of the application of the judicial exception. See MPEP 2106.05(f). Here, this judicial exception is not integrated into a practical application because the claims do not recite any limitation that links the process to anything other than the processing of data and output (determination) of a result.
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because there are no elements in Claim 1 that appear to clearly have any actionable steps other than making a determination or outputting a result which would be mere extra-solution activity.
As is best understood Claim 1 is directed to gathering data for processing by a processor or processor based elements (although not claimed) and there are no explicit structural elements claimed in these claims that would be considered enough to make the claims non-abstract as the heart of the claim is directed to abstract processing steps. The use of generic/well known elements and general processors/computers for the mere implementation of an abstract idea on a computer does not qualify as significantly more. It is not claimed what happens after the final selection/determination step. How is the is the data used, is it transmitted or output in some manner for use, does the system perform another task based on the determination or is the operation merely used for determining most likely position. As currently claimed the limitations are just an operation of determining position without anything that would be considered significantly more, the operation of processing data to determine a position has been found to be an abstract idea.
Therefore, the limitation represents no more than mere instructions to apply the judicial exception on a computer and does not integrate the exception into a practical application of the exception.
Step 2B:
A conclusion that an additional element is insignificant extra-solution activity in Step 2A should be re-evaluated in Step 2B. See MPEP 2106.05, subsection I.A. At Step 2B, the re-evaluation of the insignificant extra-solution activity consideration takes into account whether or not the extra-solution activity is well understood, routine, and conventional in the field. See MPEP 2106.05(g).
Here, the assumed processor is equal to a machine being merely an object on which the method operates, which does not integrate the exception into a practical application or provide significantly more. Receiving data is basic data gathering and would not provide significantly more and is insignificant extra-solution activity as the use of a machine that contributes only nominally or insignificantly to the execution of the claimed method (e.g., in a data gathering step or in a field-of-use limitation) would not integrate a judicial exception or provide significantly more (MPEP 2106.05 (b), III). The processor also does` not pertain to an improvement to the functioning of a “computer system.” See MPEP § 2106.05(a). There is no indication that the assumed CPU being used needs to be more than a generic device.
Therefore, these limitation remains insignificant extra-solution activity even upon reconsideration and does not amount to significantly more.
The analysis under Step 2A, Prong Two is carried through to Step 2B.
Even when considered in combination, these additional elements represent mere instructions to apply an exception and insignificant extra-solution activity, and therefore the claimed invention is directed to an abstract idea without significantly more.
There are no limitations in the independent or the dependent claims that would make the processor/computer change in operation in a manner that would make it work in a way that is new and not capable of being done on a generic processor/computer. The processor in these claims performs merely as a tool and does not appear to provide an improvement to the functionality of a computer. Absent evidence to the contrary, claims 1-10 merely rely on the processing of data. Making a determination as a result of processed data is well known and conventional.
Claims 2-9 expand on the processing/mathematical concepts limitations by claim limitations directed to defining steps of the processing, setting values and use of the processed data and do not provide a practical application of the abstract idea or significantly more than the abstract idea itself.
Claim 10 teaches the step of receiving which is well known and convention and required for data gathering and as such does not provide a practical application of the abstract idea or significantly more than the abstract idea itself.
Claims 1-10 do not include additional elements that are sufficient to amount to significantly more than the abstract idea itself, and thus, the additional elements do not transform the abstract idea into a patent eligible application of the abstract idea. The additional elements, individually and as an ordered combination, do not transform the nature of the claim into a patent-eligible application. Taken alone or as an ordered combination, the limitations of claims do not amount to a claim as a whole that is significantly more than the judicial exception. Using obtained values from the computational operations is not a meaningful limitation that alone can amount to significantly more than the exception.
Claims 1-10 merely rely on generic components as a tool to apply the abstract idea. The application of the abstract idea to generic components does not transform the claim into a patent-eligible application of the abstract idea. While the newly provided guidance of December 2025 states that “When evaluating a claim as a whole, examiners should not dismiss additional elements as mere “generic computer components” without considering whether such elements confer a technological improvement to a technical problem, especially as to improvements to computer components or the computer system.” There are no limitations stating that the any assumed structural elements behave in a non-conventional manner or that the assumed processor is using collected and stored data for anything more than evaluation. All other dependent claims build upon the abstract idea and do not result in significantly more or a practical application and merely just expand on how the software and algorithms operate to process the data. There is no claim to how the processed data is used besides simply making a determination or what tangible step is taken once the processing is done that would link the processing of data to practical application or an actual actionable step. While the algorithms and calculation processing may be novel, novelty does not change the claim from being an abstract idea.
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 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.
Referring to Claim 1, the claim appears to be incomplete as the claim is missing an end result or step. The claim ends with determining that bins correspond to one or more detected object, but it is not claim what is done with or after this determination. It is not clear what the purpose is as there is no limitation to what is done with or after the determination by the radar system. Correction/clarification is required.
Claims 2-10 are dependent on Claim 1 and are allowed for the same reason.
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.
Claim(s) 1, 6, 8 and 10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Anderson et al. (Anderson, WO 2025/166010).
Referring to Claim 1, Anderson teaches estimating an overall noise level of a received radar signal (Fig. 7 #720; [0074]); determining a first noise threshold based on the estimated overall noise level ([0089]); generating a radar map from the radar signal, the radar map comprising a plurality of bins; determining a first subset of the plurality of bins having amplitudes that exceed the first noise threshold ([0091]); determining a constant false alarm rate (CFAR) threshold only for each bin of the first subset of the plurality of bins ([0097-0098]); and determining that bins of the first subset having amplitudes exceeding the CFAR threshold correspond to one or more detected object; [0099-0100] and also see Fig. 7-13 and associated text.
Referring to Claim 6, Anderson teaches wherein determining the first noise threshold based on the overall noise level comprises adding a predetermined offset to the estimated overall noise level; [0010] and [0076-0077].
Referring to Claim 8, Anderson teaches wherein determining the first subset of the plurality of bins having amplitudes that exceed the first noise threshold comprises comparing amplitudes of each of the plurality of bins of the radar map to the first noise threshold; [0114]).
Referring to Claim 10, Anderson teaches receiving the radar signal from a millimeter-wave radar sensor; [0032].
Allowable Subject Matter
Claims 2-5, 7 and 9 are 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WHITNEY T MOORE whose telephone number is (571)270-3338. The examiner can normally be reached Monday-Friday from 7am-4pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jack Keith can be reached at (571) 272-6878. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WHITNEY MOORE/Primary Examiner, Art Unit 3646