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 Amendment
Applicant’s remarks have been given full consideration, as such this Office Action has been modified in view of Amendments filed on 05/26/2026.
Response to Arguments
Applicant's arguments filed "Remarks" on 05/26/2026 have been fully considered but they are not persuasive.
Applicant’s arguments with respect to independent claims 1 and 13, “none of the citations to Zhang disclose "using a time delay with respect to ...”" and “the time delay is a "time delay with respect to the at least one radar transmitter unit/ at least one communication transmitter unit." Thus, the time delay is not a time delay measuring when the same signal is transmitted and received, but a coordination of two different signals from two different sources,” 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.
Applicant alleges that: Regarding independent claims 1 and 13, “Zhang describes some form of scheduling the transmissions between "radar group members." However, this is not the same as scheduling "a transmission of the at least one communication transmitter unit using a time delay with respect to the at least one radar transmitter unit; or a transmission of the at least one radar transmitter unit using a time delay with respect to the at least one communication transmitter unit." In fact, the cited section of Zhang makes no mention of scheduling either, or both, radar pilot signals or communication pilot signals”. However, Zhang teaches as such in FIG. 7 and [0070]. Operation 720 represents transmitting radar pulses/signals based on a generated transmission schedule. FIG. 7 also depicts a plurality of radar transmitters 1-4 (each radar has at least one radar transmitter), wherein the transmission schedule may include parameters/pulses/signals from each of the four depicted radar transmitters. Additionally, the first pulse/signal scheduled in the transmission schedule will be the pilot radar signal. Altogether, Zhang discloses scheduling transmissions with respect to at least one radar transmitter unit and at least one communication transmitter unit (each radar transmitter may include a transmitter/receiver 318 with a corresponding transmit processor 316, as depicted in FIG. 3, see [0052]).
Applicant’s arguments with respect to dependent claim 12, “Zhang fails to even mention "range-domain orthogonality,"” 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 9-11, 13, 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (US 2022/0295237 A1, hereinafter Zhang) in view of Trainin et al. (US 2021/0173065 A1, hereinafter Trainin)
Regarding claim 1, Zhang discloses a system for joint communication and radar sensing ([Figure 3, 310] and [0052] the wireless device 310 may be a radar device for determining radio frequency sensing information, [0002] capable of supporting communication with multiple users, i.e. joint communication) comprising: at least one communication transmitter unit ([Figure 3, 318] transmitter)) configured to transmit at least one communication pilot signal; at least one radar transmitter unit configured to transmit at least one radar pilot signal ([Figure 3], [0048] and [0052] some of the transmissions may carry reference (pilot) signals (RS), i.e. the transmitter and receiver may be configured to send pilot signals, and a transmitter/receiver 318 with a corresponding transmit processor 316 and receive processor 370 that are configured to perform radar transmission and measurement); a control unit ([Figure 3, 375]) configured to schedule a transmission of the at least one communication transmitter unit- ([Figure 7, 720] and [0070] the first radar 702 may transmit, at 718, the transmission schedule to the second radar 704 and/or the first radar 702 may transmit, at 718, the transmission schedule to the third radar, i.e. a schedule for radar transmissions is configured); and at least one receiver unit configured to receive the at least one radar pilot signal with the- -with respect to the at least one communication pilot signal or the at least one communication pilot signal transmitted- -with respect to the at least one radar pilot signal ([Figure 4] and [0060] reception of the radar/return signal for determining a distance/location of the object, wherein said radar/return signal may include a pilot signal as explained above, see [0048]).
Zhang is not relied on for the claim language -using a time delay with respect to the at least one radar transmitter unit; or a transmission of the at least one radar transmitter unit using a time delay with respect to the at least one communication transmitter unit; and -with the time delay-. However, Trainin teaches [abstract] a method for multistatic radar communications, which includes timing information for a plurality of radar pulses such as timing offset or delay between one or more radar pulses. Trainin also teaches -using a time delay with respect to the at least one radar transmitter unit; or a transmission of the at least one radar transmitter unit using a time delay with respect to the at least one communication transmitter unit; and -with the time delay- (referring to FIG. 7, [0075] describes “the radar transmitter 710 may transmit a radar alert frame followed by a codeword sequence to the radar receiver 720 prior to transmitting the radar pulses 712. The radar alert frame may alert the radar receiver 720 of the upcoming radar pulses 712. In some aspects, the radar alert frame may include timing information that can be used to synchronize a receiver (RX) clock of the radar receiver 720 with a transmit (TX) clock of the radar transmitter 710. For example, the timing information may indicate a timing offset or delay between one or more codewords of the codeword sequence and the beginning of the transmission of the radar pulses 712,” i.e. FIG. 7 depicts each of the radar pulses 712 (being sent between transmitters) containing timing information which may be time delay between two separate pulses).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective
filing date of the claimed invention to modify Zhang to include a time delay specific to the claimed invention, as taught by Trainin, in order to aid in [0040] enabling multistatic radar functionality such as [0003] synchronization between the timing of transmitted radar pulses, and [0050] enable a receiving device to perform fine timing and frequency estimations.
Regarding claim 9, Zhang discloses at least one communication pilot signal or the at least one radar pilot signal correspond to a waveform with a prefix ([0046] The symbols on DL may be cyclic prefix. [0048] Some of the transmissions may carry reference (pilot) signals (RS). That is, signal transmission symbols may be cyclic prefix on a pilot signal).
Regarding claim 10, Zhang discloses the prefix is a cyclic prefix ([0046] The symbols on DL may be cyclic prefix).
Regarding claim 11, Zhang discloses the control unit ([Figure 3, 375]) is configured to generate the time delay corresponding to a predefined time range within the prefix ([0060] A time delay may be measured corresponding to a predefined time range within [0046] a cyclic prefix).
Regarding claim 13, the claimed limitations of the claim are rejected as the same reasons as set forth in claim 1.
Regarding claim 19, the claimed limitations of claim are rejected as the same reasons as set forth in the combination of claims 9 and 11.
Regarding claim 20, the claimed limitations of claim are rejected as the same reasons as set forth in claim 10.
Claims 2-5, 7, 8, 14-18 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (US 2022/0295237 A1, hereinafter Zhang) and Trainin et al. (US 2021/0173065 A1, hereinafter Trainin) as applied in claims above, and further in view of Sahin et al. (US 2022/0350009 A1, hereinafter Sahin.)
Regarding claim 2, Zhang discloses the control unit ([Figure 3, 375]).
The combination of Zhang and Trainin does not specifically disclose to generate a frequency shift for the at least one communication transmitter unit or the at least one radar transmitter unit, and wherein the at least one receiver unit is further configured to receive the at least one radar pilot signal with the frequency shift with respect to the at least one communication pilot signal. However, Sahin discloses a system for ([0003] modulating joint radar communication signals via the use of frequency shifting. [Figure 3] and [0064]-[0066] a frequency shift may be applied to the reference signal waveform (i.e., the reference signal 304 of FIG. 3), i.e. a frequency shift is related to the radar pilot signal. That is, a receiver/transmitter unit is configured to receive/transmit a pilot signal with a frequency shift).
Therefore, it would have been obvious to a person of skill in the art before the effective filling date of the claimed invention to modify the combination of Zhang and Trainin to generate a frequency shift for the at least one communication transmitter unit or the at least one radar transmitter unit, and wherein the at least one receiver unit is further configured to receive the at least one radar pilot signal with the frequency shift with respect to the at least one communication pilot signal, as taught by Sahin, in order to enhance data communication capabilities ([0012]).
Regarding claim 3, Zhang discloses the control unit ([Figure 3, 375]) and wherein the at least one receiver unit is configured to perform channel estimation based on the time delay or the frequency shift in order to separate communication and radar sensing channels. ([0054] Each receiver may perform decisions based on channel estimates computed by the channel estimator 358 using [0060] a time delay or [0065] frequency shift. [0056] Channel estimates derived by a channel estimator 358, may be provided to different antennas 352 via separate transmitters 354TX, i.e. the ability to separate communication and radar sensing channels).
The combination of Zhang and Sahin does not specifically disclose to transmit the time delay or the frequency shift to the at least one receiver unit prior to the reception of the at least one communication pilot signal and the at least one radar pilot signal. However, Trainin discloses ([0075] the radar transmitter 710 may transmit a radar alert frame followed by a codeword sequence to the radar receiver 720 prior to transmitting the radar pulses 712. The radar alert frame may include timing information such as indicating a timing offset or delay. That is, a time delay or frequency shift may be transmitted prior to transmitting communication or radar pilot signals via the radar alert frame.)
Therefore, it would have been obvious to a person of skill in the art before the effective filling date of the claimed invention to modify the combination of Zhang and Sahin to include, transmitting a time delay or frequency shift to a receiver prior to receiving a communication and radar pilot signal, as taught by Trainin, in order to improve radar signals being implemented by existing wireless communication systems and networks and thus improve system performance.
Regarding claim 4, Zhang discloses at least one receiver unit ([Figure 3] and [0052] Transmitter/receiver 318) is configured to: perform the channel estimation in range-domain based on the time delay; or perform the channel estimation in Doppler-domain based on the frequency shift. ([Figure 1] and [0028] A radar device 103 may transmit a wireless signal 105 and use information about the signal to image an environment or determine information about a target 107 based on range, doppler, and/or angle information determined from the wireless signal. [Figure 7, 702] and [0074] Radar device 702 may perform operations such as range estimation, direction estimation, Doppler estimation, etc. That is, the receiver unit may be configured to perform estimations such as range-domain or Doppler-domain based on a [0060] time delay or [0065] frequency shift).
Regarding claim 5, Zhang discloses at least one receiver unit is configured to generate range profiles based on the channel estimation in the Doppler-domain based on the frequency shift. ([Figure 1] and [0028] a radar device 103 may transmit a wireless signal 105 and use information about the signal to image an environment or determine information about a target 107 based on range, doppler, and/or angle information determined from the wireless signal. [Figure 3] and [0055] The controller/processor 359 can be associated with a memory 360 that stores program codes and data. That is, range can be calculated from the channel estimation from the Doppler-domain and frequency shift. The range can then be stored in memory as a range profile).
Regarding claim 7, Zhang discloses the control unit ([Figure 3, 375]) is configured to: generate the time delay using a digital pilot modulation; or generate the time delay using one or more time delay units ([0060] A time delay may be measured between transmission of the radar signal and reception from another signal for determining a distance to the object from which the return signal was received, i.e. generating a time delay using multiple time delay units measured from multiple signals).
Regarding claim 8, Zhang discloses the control unit ([Figure 3, 375]).
The combination of Zhang and Trainin does not specifically disclose to generate the frequency shift using a digital pilot modulation; or generate the frequency shift using one or more frequency offsets. However, Sahin discloses ([Figure 3] and [0065] frequency shifting the reference signal waveform, i.e. the reference signal 304 of FIG. 3, read on generating the frequency shift via a digital pilot modulation signal.)
Therefore, it would have been obvious to a person of skill in the art before the effective filling date of the claimed invention to modify the combination of Zhang and Trainin to generate the frequency shift using a digital pilot modulation; or generate the frequency shift using one or more frequency offsets, as taught by Sahin, in order to enhance data communication capabilities ([0012]).
Regarding claim 14, the claimed limitations of claim are rejected as the same reasons as set forth in claim 2.
Regarding claim 15, the claimed limitations are rejected as the same reasons as set forth in claim 3.
Regarding claim 16, the claimed limitations of claim are rejected as the same reasons as set forth in claim 4.
Regarding claim 17, the claimed limitations of claim are rejected as the same reasons as set forth in claim 7.
Regarding claim 18, the claimed limitations of claim are rejected as the same reasons as set forth in claim 8.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (US 2022/0295237 A1, hereinafter Zhang) and Trainin et al. (US 2021/0173065 A1, hereinafter Trainin) as applied in claims above, and further in view of Stettiner (US 2020/0393536 A1, hereinafter Stettiner).
Regarding claim 12, Zhang discloses the control unit ([Figure 3, 375]) is configured to schedule transmissions by scheduling the at least one communication transmitter unit and the at least one radar transmitter unit using a time delay ([Figure 7, 720] and [0070] The first radar 702 may transmit, at 718, the transmission schedule to the second radar 704 and/or the first radar 702 may transmit, at 718, the transmission schedule to the third radar. That is, a radar group may transmit signals on [0019] a transmission schedule, based on [0060] a time delay, via [0048] pilot signals from the transmitters) such that a separation of the radar and communication pilot signals is- -at the at least one receiver unit ([0056] Channel estimates derived by a channel estimator 358, may be provided to different antennas 352 via separate transmitters 354TX, i.e. the ability to separate communication and radar sensing channels).
The combination of Zhang and Trainin is not relied on for the claim language -determinable at the at least one receiver unit by range-domain orthogonality-. However, Stettiner teaches [abstract] a method of radar sensor detection used to estimate collisions with other radar signals. Stettiner also teaches -determinable at the at least one receiver unit by range-domain orthogonality- ([0084] describes “suppression methods in the time or frequency domain include time-frequency blanking, reconstructing and then subtracting, and range domain orthogonal projection filtering. In a multistatic adaptive pulse compression algorithm, concurrently received radar signals within the same frequency band are separated given the knowledge of the individual radar waveforms,” i.e. signals may be scheduled/separated determined by range-domain orthogonality).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective
filing date of the claimed invention to modify the combination of Zhang and Trainin to include the use of range-domain orthogonality, as taught by Stettiner, in order to aid in [0014] allowing radar the ability to sense their surrounding in a reliable and efficient manner, and [0018] help reduce signal-to-noise ratio.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (US 2022/0295237 A1, hereinafter Zhang), Trainin et al. (US 2021/0173065 A1, hereinafter Trainin) and Sahin et al. (US 2022/0350009 A1, hereinafter Sahin) as applied to claims above, and further in view of Laghezza et al. (US 2020/0348389 A1, hereinafter Laghezza).
Regarding claim 6, Zhang discloses the at least one receiver unit ([Figure 3] and [0052] Transmitter/receiver 318).
The combination of Zhang, Trainin, and Sahin do not specifically disclose to combine the range profiles to generate a range-Doppler map, a range-velocity map, a delay- Doppler map, or a delay-velocity map. However, Laghezza discloses the range-Doppler map is calculated ([0046]), from the range profile of the radar signal ([0027]).
Therefore, it would have been obvious to a person of skill in the art before the effective filling date of the claimed invention to modify the combination of Zhang, Trainin, and Sahin to include, generating a range-Doppler map, as taught by Laghezza, in order to enhance data communication ([0009]).
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW JAMES DWYER whose telephone number is (571)272-5121. The examiner can normally be reached M-F 6 a.m. - 3 p.m. EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Yuwen Pan can be reached at (571) 272-7855. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW JAMES DWYER/Examiner, Art Unit 2649
/JOSHUA L SCHWARTZ/ Primary Patent Examiner, Art Unit 2649
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