DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendments
The amendment filed 06/24/2026 is entered.
Claims 21-22 are amended.
Claims 23-24 are new.
Claims 1-5, 8-15, and 18-24 are pending.
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.
Claims 1, 3-5, 9, 11, 13-15, 19, and 21-22 are rejected under 35 U.S.C. 103 as being unpatentable over Chang (TW I768772 B) in view of Electronics Notes (Electronics Notes, “Antenna RF Diplexer,” electronics-notes.com, 2020).
Regarding Claim 1, Chang teaches:
An FMCW (Frequency Modulated Continuous Wave) radar for detecting an object having a sensor, comprising:
a chirp signal generator, generating a radar signal ([0057]: “linear FM synthesizer (Chirp Synthesizer) 100”);
a transmitter module, transmitting the radar signal to the object; wherein the transmitter module comprises a transmission antenna and a power amplifier ([0057]: “transmitted through a transmitting antenna 102 via a transmitting circuit”; [0069]: “power amplifier”);
a receiver module, receiving a reflection signal from the object, wherein the reflection signal comprises a feature signal and a sense signal, and wherein the receiver module comprises a reception antenna and a reception circuit ([0057]: “The reflected signal RX is received by a receiving antenna 104, and then coupled by a mixer 112.”; [0066]: “a reflection signal RXH of the person to be tested and a tag reflection signal RXT of the identity tag”; [0070]: “receiving circuit”);
a processing module, generating an integrated digital signal according to the reflection signal and the radar signal ([0057]: “The coupled output signal is filtered by a low pass filter or a band pass filter 106 to remove high frequency signals (such as the linear frequency modulation signal TX and the reflected signal RX) to generate an intermediate frequency signal IF, which is then converted into a digital signal by an analog to digital converter (ADC) 108”); and
a computing module, analyzing the integrated digital signal, so as to obtain first digital information and second digital information ([0057]: “...processed by a processor 110 to obtain distance, direction and vital sign.”; [0072]: “RXH”: “RXT”; “identity information of the identity tag IDT (such as identity frequency), human body distance and breathing, heartbeat and other physiological information of the tester.”);
wherein the first digital information corresponds to the feature signal, and the second digital information corresponds to the sense signal ([0072]: “RXH”: “RXT”);
wherein the computing module divides the integrated digital signal into the first digital information and the second digital information according to a partition frequency point ([0077]: “Doppler-FFT”; “identity frequency”; “physiological frequency information”);
wherein the computing module comprises … a division unit … ([0077]; Examiner note: processing unit 332 performs a Doppler FFT to separate the first digital information from the second digital information);
wherein the division unit … divides the integrated digital signal into low and high portions, the low portion is considered as the first digital information, and the high portion is considered as the second digital information ([0077-0079]; [0079]: “the identity frequency of the identity tag IDT2 to be tested is generally set higher than the physiological frequencies such as breathing and heartbeat”; “the identity frequency of the identity tag IDT2 to be tested is at a specific frequency (distance) on the right side of the matrix M3 (such as the upper right shadow), and then determine that the phase frequency peak at a similar position below is the physiological frequency of the person being tested, such as breathing and heartbeat.”).
Chang does not explicitly teach that the computing module comprises a frequency selection unit which provides the partition frequency point, or that the division unit uses the partition frequency point to divide the integrated digital signal into low and high portions.
However, Electronics Notes is in the field of RF diplexers (Electronics Notes [pg. 1]) and teaches:
wherein the computing module comprises a frequency selection unit and a division unit, and the frequency selection unit provides the partition frequency point (Electronics Notes [pg. 1]: “Antenna diplexer or RF diplexer splitter/combiner used for combining and splitting RF feeders”; [pg. 3]: “cut-off frequency”);
wherein the division unit uses the partition frequency point to divide the integrated digital signal into low and high portions … (Electronics Notes [pg. 3]: “the diplexer routes all signals at frequencies below the cut-off frequency of the low pass filter to one port, and all signals above the cut-off frequency of the high pass filter to the other port.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Chang and use a diplexer (e.g., one comprising low-pass and high-pass filters) to select a partition frequency and divide the integrated digital signal into low and high portions, as taught by Electronics Notes, with a reasonable expectation of success. Chang already recognizes that the reflection signal comprises both a feature signal and a sense signal at different frequencies. Using a known low-pass and high-pass filtering diplexer to separate the feature signal and the sense signal based on a cutoff frequency is an application of a known technique to yield a predictable result.
Regarding Claim 11, Chang teaches:
A detection method for an FMCW radar, comprising:
generating a radar signal by a chirp signal generator ([0057]: “linear FM synthesizer (Chirp Synthesizer) 100”);
transmitting the radar signal to an object by a transmitter module, wherein the object has a sensor, and wherein the transmitter module comprises a transmission antenna and a power amplifier ([0057]: “transmitted through a transmitting antenna 102 via a transmitting circuit”; [0008]: “identity tag”; [0069]: “power amplifier”);
receiving a reflection signal from the object by a receiver module, wherein the reflection signal comprises a feature signal and a sense signal, and wherein the receiver module comprises a reception antenna and a reception circuit ([0057]: “The reflected signal RX is received by a receiving antenna 104, and then coupled by a mixer 112.”; [0066]: “a reflection signal RXH of the person to be tested and a tag reflection signal RXT of the identity tag”; [0070]: “receiving circuit”);
generating an integrated digital signal according to the reflection signal and the radar signal ([0057]: “The coupled output signal is filtered by a low pass filter or a band pass filter 106 to remove high frequency signals (such as the linear frequency modulation signal TX and the reflected signal RX) to generate an intermediate frequency signal IF, which is then converted into a digital signal by an analog to digital converter (ADC) 108”);
analyzing the integrated digital signal, so as to obtain first digital information and second digital information, wherein the first digital information corresponds to the feature signal, and the second digital information corresponds to the sense signal ([0057]: “...processed by a processor 110 to obtain distance, direction and vital sign.”; [0072]: “RXH”: “RXT”; “identity information of the identity tag IDT (such as identity frequency), human body distance and breathing, heartbeat and other physiological information of the tester.”); and
dividing the integrated digital signal into the first digital information and the second digital information according to a partition frequency point ([0077]: “Doppler-FFT”; “identity frequency”; “physiological frequency information”);
…
… dividing the integrated digital signal into low and high portions by a division unit, wherein the low portion is considered as the first digital information, and the high portion is considered as the second digital information ([0077-0079]; [0079]: “the identity frequency of the identity tag IDT2 to be tested is generally set higher than the physiological frequencies such as breathing and heartbeat”; “the identity frequency of the identity tag IDT2 to be tested is at a specific frequency (distance) on the right side of the matrix M3 (such as the upper right shadow), and then determine that the phase frequency peak at a similar position below is the physiological frequency of the person being tested, such as breathing and heartbeat.”).
Chang does not explicitly teach that a frequency selection unit provides the partition frequency point, or that the division unit uses the partition frequency point to divide the integrated digital signal into low and high portions.
However, Electronics Notes is in the field of RF diplexers (Electronics Notes [pg. 1]) and teaches:
providing the partition frequency point by a frequency selection unit (Electronics Notes [pg. 3]: “cut-off frequency”); and
using the partition frequency point to divide the integrated digital signal into low and high portions by a division unit … (Electronics Notes [pg. 3]: “the diplexer routes all signals at frequencies below the cut-off frequency of the low pass filter to one port, and all signals above the cut-off frequency of the high pass filter to the other port.”).
The rationale to modify Chang with the teachings of Electronics Notes persists from Claim 1.
Regarding Claims 3 and 13, Chang as modified teaches: wherein the processing module comprises:
an FMCW demodulator, generating an IF (Intermediate Frequency) signal according to the reflection signal and the radar signal ([0072]: “demodulation unit 328”; “obtain an intermediate frequency signal IF’”); and
an ADC (Analog-to-Digital Converter), converting the IF signal into the integrated digital signal ([0072]: “analog-to-digital converter 330 converts the analog intermediate frequency signal IF’ into a digital form for processing”).
Regarding Claims 4 and 14, Chang as modified teaches: wherein the IF signal comprises a first frequency difference between the feature signal and the radar signal, and a second frequency difference between the sense signal and the radar signal ([0061]: “f0 = f1 - f2”; [0064]: “the intermediate frequency signal IF contains the physiological information”; [0090]: “the frequency of the tag reflection signal RXT is the frequency of the corresponding linear frequency modulation signal TX’ plus or minus the identity frequency”).
Regarding Claims 5 and 15, Chang as modified teaches: wherein the computing module comprises:
a Fourier transform unit, performing a range-FFT (Fast Fourier Transform) and a Doppler-FFT on the integrated digital signal, so as to generate a conversion result ([0076]: “the processing unit 332 performs a range fast Fourier transform”; [0077]: “the processing unit 332 performs a longitudinal Doppler fast Fourier transform”); and
an analysis unit, analyzing the conversion result, so as to obtain the first digital information and the second digital information ([0078]: “control unit 312 analyzes whether it contains physiological information”; “the control unit 312 can identify an object (i.e., the ID tag IDT2 to be tested)”; [0079]).
Regarding Claims 9 and 19, Chang as modified teaches: wherein the first digital information comprises information related to breath and/or heartbeat ([0064]: “breathing and heartbeat”).
Regarding Claims 21 and 22, Chang as modified does not explicitly teach: wherein the partition frequency point is 25MHz or 50MHz.
However, in that Chang teaches that the reflection signal comprises a feature signal and a sense signal at different frequencies ([0076]), and Electronics Notes teaches using a diplexer with a cutoff frequency to split a signal into high and low signals (Electronics Notes [pg. 3]), it would have been obvious to one of ordinary skill in the art to select a partition frequency point of about 25MHz or 50MHz through routine experimentation, as the partition/cutoff frequency must be selected based on the known frequencies of the feature signal and the sense signal. See MPEP 2144.05 II.
Regarding Claims 23 and 24, Chang as modified teaches: wherein the division unit is applied to a digital domain and is arranged after the ADC. As discussed above regarding Claims 1 and 11, Chang is modified to use a digital implementation of the diplexer taught by Electronics Notes to divide Chang’s digital signal. Therefore, in the modified system, the division unit would operate in the digital domain after the ADC.
Claims 2, 10, 12, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Chang (TW I768772 B) and Electronics Notes (Electronics Notes, “Antenna RF Diplexer,” electronics-notes.com, 2020), as applied to Claims 1 and 11 above, and further in view of Solie (US 2009/0121847).
Regarding Claims 2 and 12, Chang as modified does not explicitly teach: wherein the sensor is an SAW (Surface Acoustic Wave) sensor.
However, Solie is in the field of SAW sensors (Solie [Abstract]) and teaches: wherein the sensor is an SAW (Surface Acoustic Wave) sensor (Solie [0012]: “surface acoustic wave sensors”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Chang and use a SAW sensor, as taught by Solie, with a reasonable expectation of success. SAW sensors are beneficial for measuring temperature, pressure, and chemical concentration.
Regarding Claims 10 and 20, Chang as modified does not explicitly teach – but Solie teaches: wherein the second digital information comprises information related to temperature, humidity, pressure, and/or chemical composition (Solie [0041]: “estimate a possible temperature of the sensor 170”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Change and measure temperature, humidity, pressure, and/or chemical composition, as taught by Solie, with a reasonable expectation of success. Measuring temperature, humidity, pressure, and/or chemical composition is beneficial for monitoring physical characteristics of a person or an environment.
Claims 8 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Chang (TW I768772 B) and Electronics Notes (Electronics Notes, “Antenna RF Diplexer,” electronics-notes.com, 2020), as applied to Claims 1 and 11 above, and further in view of Brett (US 2020/0233059).
Regarding Claims 8 and 18, Chang as modified does not explicitly teach: wherein the chirp signal generator provides the radar signal with different signal parameters in a first interval and a second interval.
However, Brett is in the field of radar (Brett [Abstract]) and teaches: wherein the chirp signal generator provides the radar signal with different signal parameters in a first interval and a second interval (Brett [0029]: “system 500 can transmit a sequence of chirps towards target 114, each having different parameters”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Chang and use different radar signals with different signal parameters in a first interval and a second interval, as taught by Brett, with a reasonable expectation of success. Using different signal parameters is beneficial for reducing interference and detecting different objects.
Response to Arguments
Applicant’s arguments, filed 06/24/2026, with respect to Claim Rejections under 35 U.S.C. 112 have been fully considered and are persuasive. The previous 112(b) rejections have been overcome.
Applicant’s arguments, filed 06/24/2026, with respect to Claim Rejections under 35 U.S.C. 103 have been fully considered but they are not persuasive.
Applicant argues that Electronics Notes teaches only an RF diplexer applied to analog signals and therefore does not teach the claimed frequency selection unit or division unit, which are applied to digital signals.
Examiner respectfully disagrees and asserts that Electronics Notes teaches that an RF diplexer may use low-pass and high-pass filters to divide a signal into low and high portions according to a cut-off frequency (Electronics Notes [pg. 3]). Electronics Notes does not appear to teach that the RF diplexer can only be used in the analog domain, or use the word “analog.” Applicant’s focus on a specific analog implementation does not negate the broader teaching.
Furthermore, RF diplexers comprising low-pass and high-pass filters are known to be implemented digitally. For example, Shelby (US 2021/0351899) teaches a digital signal processor (DSP)-based diplexer that digitizes an analog RF signal using an analog-to-digital converter and splits the digital signal into low and high portions using respective digital low-pass and high-pass filters (Shelby [0008]; Fig. 8). Zinser (US 2010/0150032) similarly teaches converting an analog RF signal into a digital signal and separating the digital signal into two frequency bands using a Quadrature Mirror Filter. Quadrature Mirror Filters often comprise low-pass and high-pass filters (Smith III, “Quadrature Mirror Filters (QMF),” 2011).
In response to Applicant’s argument that the proposed modification or combination would change Chang’s principle of operation, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981). The proposed combination does not require using an analog RF diplexer to divide Chang’s digital signal. Instead, one of ordinary skill in the art would recognize that the diplexer taught by Electronics Notes could be implemented in either the analog or digital domain and would have used a digital implementation to divide Chang’s digital signal.
Conclusion
THIS ACTION IS MADE FINAL. 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 NOAH Y. ZHU whose telephone number is (571) 270-0170. The examiner can normally be reached Monday-Friday, 8AM-4PM.
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/NOAH YI MIN ZHU/Examiner, Art Unit 3648
/BRADY W FRAZIER/Primary Examiner, Art Unit 3648
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