DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-2, 15-17, 22 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 7 and 12 of U.S. Patent No. 11876548. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the current application are broader than the claims of the patent and are anticipated by the claims of the patent.
Claims 1-24 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-33 of U.S. Patent No. 11063625. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the current application are broader than the claims of the patent and are anticipated by the claims of the patent.
The following is the claim comparison of the current application with the claims of the corresponding patent.
For Claim 1:
Application 18/517,550
Patent No. 11063625
A method for avoiding radiation of an object by a wireless device, comprising the steps of: detecting, by one or more sensors of the wireless device, an orientation of the wireless device in a three dimensional space relative to the object;
Claim 1: A method for avoiding radiation of a user or structure by a wireless device having at least one steerable antenna, comprising the steps of: detecting in a three dimensional space, using one or more cameras, microphones, audio sensors, ultrasound sensors or transducers, range finders, capacitive sensors, gyroscopes, light detectors, or motion detectors, an orientation of said wireless device relative to either or both said user and said structure;
determining, by a processor of the wireless device, zones in the three dimensional space corresponding with one or more directions of the object relative to a steerable antenna of the wireless device
determining zones or spans of directions in the three dimensional space corresponding with one or more directions of either or both said user and said structure relative to said at least one steerable antenna; and
adjusting, by the processor, a beam radiation pattern of said steerable antenna to radiate in one or more directions which are not in said zones in the three dimensional space
adjusting one or more beam radiation patterns of said at least one steerable antenna to radiate in one or more directions which are not in said zones or spans of directions in the three dimensional space,
wherein said steerable antenna is configured to radiate energy in particular directions while providing nulls in other directions,
wherein said at least one steerable antenna is configured to steer or direct its energy in particular directions while providing nulls or dead zones in other directions,
wherein said adjusting step adjusts the beam radiation pattern for direction of energy radiated from the steerable antenna to one or more of said particular directions while avoiding said zones in the three dimensional space
and wherein said adjusting step adjusts the one or more beam radiation patterns for direction of energy to one or more of said particular directions while avoiding said zones or spans of directions in the three dimensional space, and
wherein said steerable antenna operates on one or multiple bands and radiates energy at one or more frequencies in a range of 10 GHz to 500 GHz
wherein said at least one steerable antenna operates on one or multiple bands and radiates at one or more frequencies in the range of 10 GHz to 500 GHz.
For Claim 2:
Application 18/517,550
Patent No. 11063625
wherein said one or more sensors comprises one or more cameras, microphones, audio sensors, ultrasound sensors or transducers, range finders, capacitive sensors, gyroscopes, light detectors, or motion detectors
Claim 1: detecting in a three dimensional space, using one or more cameras, microphones, audio sensors, ultrasound sensors or transducers, range finders, capacitive sensors, gyroscopes, light detectors, or motion detectors,
For Claim 3:
Application 18/517,550
Patent No. 11063625
wherein detecting step comprises one or more of: capturing one or more images with at least one camera; detecting ambient light or blockage thereof with at least one light sensor; detecting motion of said wireless device with at least one gyroscope; detecting one or more of audio or ultrasonic signals relating to the orientation of the object with one or more of a microphone, ultrasonic sensor, or ultrasonic transducer; and detecting relative position of the object with at least one capacitive sensor
Claim 2: wherein said detecting step comprises one or more of: capturing one or more images with at least one camera; detecting ambient light or blockage thereof with at least one light sensor; detecting motion of said wireless device with at least one gyroscope; detecting one or more of audio or ultrasonic signals relating to the orientation of the user or structure with one or more of a microphone, ultrasonic sensor, or ultrasonic transducer; and detecting relative position of the user or structure with at least one capacitive sensor.
For Claim 4:
Application 18/517,550
Patent No. 11063625
further comprising a step of receiving signals, by the wireless device, arriving from one or more directions that are within said zones of said object.
Claim 4: further comprising a step of receiving signals arriving from one or more directions that are within said zones or spans of directions of said user or structure.
For Claim 5:
Application 18/517,550
Patent No. 11063625
wherein the beam radiation pattern of said steerable antenna is different from a beam receiving pattern of said steerable antenna in said step of receiving signals.
Claim 3: wherein a directional radiating pattern of said one or more beams is different from a receiving pattern used in said step of receiving said signals.
For Claim 6:
Application 18/517,550
Patent No. 11063625
wherein said steerable antenna comprises multiple antenna elements embedded in said wireless device
Claim 12: wherein said at least one steerable antenna comprises a plurality of steerable antennas
For Claim 7:
Application 18/517,550
Patent No. 11063625
wherein adjusting the beam radiation pattern, of the steerable antenna comprises controlling radiations of the multiple antenna elements.
Claim 5: wherein said at least one steerable antenna or said another antenna uses one or more of: beamforming, beamsteering, beam or antenna element selection, adaptive beamforming, multibeam combining, MIMO, phasing, beam switchable array, active combining, passive combining, and hybrid antenna structure.
For Claim 8:
Application 18/517,550
Patent No. 11063625
wherein the object comprises a user of the wireless device
Claim 1: A method for avoiding radiation of a user or structure by a wireless device having at least one steerable antenna
For Claim 9:
Application 18/517,550
Patent No. 11063625
wherein the object comprises a structure remote from the wireless device.
Claim 1: A method for avoiding radiation of a user or structure by a wireless device having at least one steerable antenna
For Claim 10:
Application 18/517,550
Patent No. 11063625
wherein said steerable antenna comprises an antenna array.
Claim 12: wherein said at least one steerable antenna comprises a plurality of steerable antennas
For Claim 11:
Application 18/517,550
Patent No. 11063625
wherein said antenna array comprises multiple input and multiple output(MIMO)} antenna array
Claim 5: wherein said at least one steerable antenna or said another antenna uses one or more of: beamforming, beamsteering, beam or antenna element selection, adaptive beamforming, multibeam combining, MIMO, phasing, beam switchable array, active combining, passive combining, and hybrid antenna structure.
For Claim 12:
Application 18/517,550
Patent No. 11063625
herein said steerable antenna radiates time-division multiplexed communication signals.
Claim 7: further comprising using time division duplexing for communication, using said one or more beams radiated by said at least one steerable antenna and signals received by at least one of said at least one steerable antenna.
For Claim 13:
Application 18/517,550
Patent No. 11063625
the time-division multiplexed communication signals have a time division time period; and the said steps of detecting, determining, and adjusting are performed once per time division time period.
Claim 10: wherein said steps of detecting, determining, and adjusting are performed multiple times as said one or more parameters change over time.
For Claim 14:
Application 18/517,550
Patent No. 11063625
and wherein said steps of detecting, determining, and adjusting are performed repeatedly.
Claim 10: wherein said steps of detecting, determining, and adjusting are performed multiple times as said one or more parameters change over time.
Claims 3-4, 24, 6-7, 9-11, 14, 16-17, 19-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 7, 12 of U.S. Patent No. 11876548 in view of US 20110250928 A1 (See the 102 rejection bellow)
It would be obvious to one of ordinary skills in the art at the time of the filing to modify invention by U.S. Patent No. 11876548 with invention by US 20110250928 A1 in order perform safe distance measurements or safe communication with one of the well understood systems such as radar, sonal, wireless communication device and lidar.
Claims 5, 12-13, 18, 23 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 7, 12 of U.S. Patent No. 11876548 in view of US 9,362,994 B2 (See the 103 rejection bellow).
Claim 8 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 7, 12 of U.S. Patent No. 11876548 in view of US 20130237272 A1 (See the 103 rejection bellow).
The following is the claim comparison of the current application with the claims of the corresponding patent.
For claim 1:
Application 18/517,550
Patent No. 11876548
A method for avoiding radiation of an object by a wireless device, comprising the steps of: detecting, by one or more sensors of the wireless device, an orientation of the wireless device in a three dimensional space relative to the object;
Claim 7: A method for avoiding or reducing radiation of a user or structure by a wireless device having at least one steerable antenna, comprising: sensing with one or more sensors selected from the group consisting of cameras, microphones, audio sensors, ultrasound sensors or transducers, range finders, capacitive sensors, gyroscopes, light detectors ,or motion detectors, used for computational determination of spatial orientation in three dimensional space, an orientation of said wireless device relative to either or both said user and said structure;
receiving signals from said one or more sensors pertaining to said orientation in the three dimensional space;
determining, by a processor of the wireless device, zones in the three dimensional space corresponding with one or more directions of the object relative to a steerable antenna of the wireless device
using said signals, computing zones or spans of directions corresponding with one or more directions of said user or structure relative to said at least one steerable antenna in the three dimensional space; and
adjusting, by the processor, a beam radiation pattern of said steerable antenna to radiate in one or more directions which are not in said zones in the three dimensional space
adjusting one or more beams of said at least one steerable antenna to accentuate its radiation pattern in one or more directions which are not in said zones or spans of directions
wherein said steerable antenna is configured to radiate energy in particular directions while providing nulls in other directions,
adjusting one or more beams of said at least one steerable antenna to accentuate its radiation pattern in one or more directions which are not in said zones or spans of directions,
wherein said adjusting step adjusts the beam radiation pattern for direction of energy radiated from the steerable antenna to one or more of said particular directions while avoiding said zones in the three dimensional space
adjusting one or more beams of said at least one steerable antenna to accentuate its radiation pattern in one or more directions which are not in said zones or spans of directions,
wherein said steerable antenna operates on one or multiple bands and radiates energy at one or more frequencies in a range of 10 GHz to 500 GHz
herein said at least one steerable antenna operates on one or multiple bands, and wherein said at least one steerable antenna radiates or receives at one or more frequencies in the range of 10 GHz to 500 GHz.
For Claim 2:
Application 18/517,550
Patent No. 11876548
wherein said one or more sensors comprises one or more cameras, microphones, audio sensors, ultrasound sensors or transducers, range finders, capacitive sensors, gyroscopes, light detectors, or motion detectors
Claim 7: one or more detectors selected from the group consisting of one or more cameras, microphones, audio sensors, ultrasound sensors or transducers, range finders, capacitive sensors, gyroscopes, light detectors, or motion detectors
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of pre-AIA 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 –
the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for a patent.
Claim(s) 1-4, 6-7, 10-11, 14-17, 19-22, 24 is/are rejected under pre-AIA 35 U.S.C. 102(a) as being anticipated by D1 US 20110250928 A1.
Regarding claim 1, 15 D1 US 20110250928 A1 teaches
1, 15 (currently amended) A method for avoiding radiation of an object by a wireless device, comprising the steps of:
detecting, by one or more sensors of the wireless device, an orientation of the wireless device in a three dimensional space relative to the object;[0042]
determining, by a processor of the wireless device, zones in the three dimensional space corresponding with one or more directions of the object relative to a steerable antenna of the wireless device; and[0087-0088][0080]( any real world “external object” (such as a user or other structure) exists in three-dimensions, the location and boundaries of the object (e.g., from the left side of the person to the right side of the person) will constitute a zone or a span of directions in three dimensional space, fig. 8 shows two directions /zones corresponding to object A and B)
adjusting, by the processor, a beam radiation pattern of said steerable antenna to radiate in one or more directions which are not in said zones in the three dimensional space,[0032+0080] (minimize/avoid emission to external objects)[0005-0009]
wherein said steerable antenna is configured to radiate energy in particular directions while providing nulls in other directions,[0080,0005-0009]
wherein said adjusting step adjusts the beam radiation pattern for direction of energy radiated from the steerable antenna to one or more of said particular directions [0080]while avoiding said zones in the three dimensional space,[0032] and
wherein said steerable antenna operates on one or multiple bands and radiates energy at one or more frequencies in a range of 10 GHz to 500 GHz.[0034]
2, 22 (original) The method of claim 1, wherein said one or more sensors comprises one or more cameras, microphones, audio sensors, ultrasound sensors or transducers, range finders, capacitive sensors, gyroscopes, light detectors, or motion detectors.[0042]
3. (currently amended) The method of claim 1,wherein detecting step comprises one or more of:
capturing one or more images with at least one camera;[0047-0048][0039]
detecting ambient light or blockage thereof with at least one light sensor;
detecting motion of said wireless device with at least one gyroscope;
detecting one or more of audio or ultrasonic signals relating to the orientation of the object with one or more of a microphone, ultrasonic sensor, or ultrasonic transducer; and
detecting relative position of the object user or structure with at least one capacitive sensor.[0033]
4, (original) The method of claim 1, further comprising a step of receiving signals, by the wireless device, arriving from one or more directions that are within said zones of said object.[0044]
6. (original)The method of claim 1, wherein said steerable antenna comprises multiple antenna elements(138) embedded in said wireless device.(fig. 8)
7. The method of claim 6,wherein adjusting the beam radiation pattern, of the steerable antenna comprises controlling radiations of the multiple antenna elements.[0080](fig. 8)
10.(original) The method of claim 1, wherein said steerable antenna comprises an antenna array. (fig. 8)
11.(original)The method of claimn10,wherein said antenna array c:omprises multiple input and multiple output(MIMO)} antenna array,[0037]
14. (original) The method of claim 1, and wherein said steps of detecting, determining, and adjusting are performed repeatedly. (merely repeating operation in order to constantly avoid irradiation)
16. (original) The wireless device of claim 15 wherein said steerable antenna operates on one or multiple bands. [0029]
17. (original) The wireless device of claim 15 further comprising a receiver, in communication with said steerable antenna, for receiving wireless signals. (fig. 8)
19. (original) The wireless device of claim 15 further comprising a transmitter, in communication with said steerable antenna, for transmitting wireless signals. (fig. 8)
20. (original) The wireless device of claim 15 further comprising a transceiver, in communication with said steerable antenna, for transmitting wireless signals, receiving wireless signals, or transmitting and receiving wireless signals. (fig. 8)
21(original) The wireless device of claim 15, wherein said steerable antenna comprises a plurality of antenna elements. (fig. 8)
24.(original) The wireless device of claim 15 wherein said receiver receives said over-the-air signals in one or more directions that are within said zones of direction of said object.(fig. 8)
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 5, 12-13, 18, 23 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over D1 in view of D2 US 9,362,994 B2.
Regarding claim 5 D1 does not teach but D2 teaches
5, 18, 23 (original) The method of claim 4, wherein the beam radiation pattern of said steerable antenna is different from a beam receiving pattern of said steerable antenna in said step of receiving signals.( col 1:37-38, 2:27-30, 6:48-62. D1 beamforming employs distinct transmission and reception beam patterns . For example, the mobile station maintains separate beamforming capabilities for uplink (transmission) and downlink (reception), as detailed in Table 1, which lists distinct “Tx Hybrid BF capability” fields including “Number of Tx analog beamforming patterns (or beams) per array/subarray,” and distinct “Rx Hybrid BF capability” fields with “Number of Rx analog beamforming-patterns (or beams) per array/subarray.”)
12.(original) The method of claim 10, wherein said steerable antenna radiates time-division multiplexed communication signals. (col 9 lines 39-47)
It would be obvious to one of ordinary skills in the art at the time of the filing to modify invention by D1 with invention by D2 in order to improve the performance and mitigate propagation loss.
13. (original) The method of claim 12, wherein the time-division multiplexed communication signals have a time division time period; and the said operations are performed once per time division time period. (col 9 lines 30-col 10 line 9)
It would be obvious to one of ordinary skills in the art at the time of the filing to modify invention by D1 with invention by D2 in order to allow bidirectional communication over a single frequency by alternating transmit and receive operations in different time slots.
Claim 8 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over D1 in view of D3 US 20130237272 A1.
Regarding claim 8 D1 does not teach but D2 teaches
8. (original) The method of claim1,wherein the object comprises a user of the wireless device. (abstract)
It would be obvious to one of ordinary skills in the art at the time of the filing to modify invention by D1 with invention by D2 in order to protect user from radiation .
Claim 9 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over D1.
Although D1 does not explicitly say structure
9. (original) The method of claim i, wherein the object comprises some location in some specific direction remote from the wireless device. ([0032] )
It would be obvious to one of ordinary skills in the art at the time of the filing to modify invention by D1 in order to prevent irradiation of the structure.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HELENA SERAYDARYAN whose telephone number is (571)270-0706. The examiner can normally be reached on M-T, 7:30-5pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert Hodge can be reached on (571)272-2097. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HELENA H SERAYDARYAN/ Examiner, Art Unit 3645
/ROBERT W HODGE/ Supervisory Patent Examiner, Art Unit 3645