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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 02/23/2026 has been entered.
Response to Amendments
Claims 1 and 11 are amended.
Claims 6-7 and 16-17 are previously cancelled.
Claims 21-22 are new.
Claims 1-5, 8-15, and 18-22 are pending.
Response to Arguments
Applicant’s arguments, filed 02/23/2026, with respect to Claim Rejections under 35 U.S.C. 102 and 103 have been fully considered but are moot because they do not apply to the specific combination of references used in the current rejections.
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(s) 21 and 22 is/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.
Regarding Claim 21, the claim recites the limitation “about 25MHz or 50MHz.” The term “about” is a relative term which renders the claim indefinite. The term “about” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The value of the partition frequency point has been rendered indefinite by the use of the term “about.”
Regarding Claim 22, the claim recites the limitation “about 25MHz or 50MHz.” The term “about” is a relative term which renders the claim indefinite. The term “about” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The value of the partition frequency point has been rendered indefinite by the use of the term “about.”
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 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 to modify Chang and use a diplexer, or an equivalent frequency-specific signal splitter, to select a partition frequency and divide the integrated digital signal into low and high portions, as taught by Electronics Notes. Chang already recognizes that the reflection signal comprises both a feature signal and a sense signal at different frequencies. Using a well-known frequency-specific device such as a 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 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 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 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 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 teaches: wherein the first digital information comprises information related to breath and/or heartbeat ([0064]: “breathing and heartbeat”).
Regarding Claims 21 and 22, Chang does not explicitly teach: wherein the partition frequency point is about 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.
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 does not explicitly teach – but Solie 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 to modify Chang and use a SAW sensor, as taught by Solie. SAW sensors are well-known in the art and are beneficial for measuring temperature, pressure, and chemical concentration.
Regarding Claims 10 and 20, Chang 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 to modify Change and measure temperature, humidity, pressure, and/or chemical composition, as taught by Solie. Measuring temperature, humidity, pressure, and/or chemical composition is well-known in art and is beneficial for monitoring physical characteristics of a person of 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 does not explicitly teach – but Brett 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 to modify Chang and use different radar signals with different signal parameters in a first interval and a second interval, as taught by Brett. Using different signal parameters is well-known in the art and if beneficial for reducing interference and detecting different objects.
Conclusion
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
/William Kelleher/Supervisory Patent Examiner, Art Unit 3648
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