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 .
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 35-54 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 35-54 of copending Application No. 18572541 in view of Jenwatanavet (US 20170168134)
Regarding claim 35, copending Application No. 18572541 claims a method for determining a transmission signal in multiple received signals, wherein the method comprises: sending a transmission signal, receiving a first signal, which contains at least part of the transmission signal, via a first receiver; receiving a second signal, which contains at least part of the transmission signal, via a second receiver; and determining the transmission signal in the received signals by comparing the received signals with one another, wherein comparing comprises a determination of a time difference and/or phase difference between the first signal and the second signal,
Regarding claim 35, copending Application No. 18572541 does not claim a transmission signal time period, in which the transmission signal is contained in the first signal and the second signal, depends on the determined time difference and/or phase difference. Jenwatanavet teaches a transmission signal time period, in which the transmission signal is contained in the first signal and the second signal, depends on the determined time difference and/or phase difference (para 4, “determining times at which the first, second, third, and fourth reflected signals are received respectively by the first, second, third, and fourth receivers. The remote object's location may be determined by a processor based on the determined times at which the first, second, third, and fourth reflected signals were received respectively at the first, second, third, and fourth receivers and known locations of the first, second, third, and fourth receive” and para 57, “the high amplitude bursts 31a, 32a, 33a are all received at roughly the same time, the smaller bursts 31d, 32d, 33d are received at different times consistent with the different distances traversed by the reflected RF signals received by each RF receive”). It would have been obvious to modify copending Application No. 18572541 to include a transmission signal time period, in which the transmission signal is contained in the first signal and the second signal, depends on the determined time difference and/or phase difference because it would use to determine the location of the object
Regarding claim 36, copending Application No. 18572541 claims the received first signal is divided into several signal sections, wherein one or more signal points are determined in the signal section.
Regarding claim 37, copending Application No. 18572541 claims a time and/or phase angle assigned to the signal point is determined and/or multiple signal points are determined, wherein the signal points are arranged offset from one another and/or are arranged offset from a reference point by a predetermined phase angle.
Regarding claim 38, copending Application No. 18572541 claims the received second signal is divided into several further signal sections.
Regarding claim 39, copending Application No. 18572541 claims a curve function of the respective further signal section is determined; and/or b. the further signal section has the same phase angle range as the signal section.
Regarding claim 40, copending Application No. 18572541 claims one or more further signal points are determined in the further signal section.
Regarding claim 41, copending Application No. 18572541 claims a. a further time assigned to the further signal point and/or phase angle is determined; and/or b. a number of determined further signal points corresponds to a number of determined signal points.
Regarding claim 42, copending Application No. 18572541 claims a. multiple further signal points are determined, wherein the further signal points are arranged offset from one another and/or offset from a reference point by a predetermined phase angle are arranged; and/or b. each signal point is assigned a further signal point; and/or C. the further signal point in the further signal section has the same phase angle as the signal point in the signal section or that the further signal point in the further signal section is arranged offset from the signal point in the signal section by a predetermined phase angle.
Regarding claim 43, copending Application No. 18572541 claims at least one offset characteristic value is determined which depends on a time difference and/or phase angle difference between the first signal and the second signal.
Regarding claim 44, copending Application No. 18572541 claims a. the offset characteristic value is determined by determining a time difference and/or phase angle difference from a pair of signal points; and/or b. the time difference for at least one signal point pair corresponds to a difference between a time assigned to the signal point and a further time assigned to a further signal point; and/or C. the phase angle difference for at least one signal point pair corresponds to a difference between a phase angle assigned to the signal point and a further phase angle assigned to the further signal point; and/or d. the time difference is determined by several pairs of signal points, wherein a first signal point of the first signal is adjacent to a second signal point of the first signal and/or a first further signal point of the second signal is adjacent to a second further signal point of the second signal; and/or e. it is checked whether the at least one offset characteristic value lies within a predetermined range, wherein it is determined that the transmission signal time period corresponds to the period in which several offset characteristic values lie within the predetermined range.
Regarding claim 45, copending Application No. 18572541 claims several offset characteristic values are determined, wherein groups which have several offset characteristic values are formed, and for each group a variance of the offset characteristic values is determined and/or the difference between a maximum value of the offset characteristic value and a minimum value of the offset characteristic value is formed.
Regarding claim 46, copending Application No. 18572541 claims a. a time period is determined in which difference values and/or variance values are smaller than a predetermined threshold value; and/or b. it is checked whether a time period, in which the difference values and/or variance values and/or variance values are smaller than a predetermined threshold value, is not longer than a predetermined time period; and/or C. the time period depends on at least one difference value between a maximum value of the offset characteristic value and a minimum value of the offset characteristic value of a group and/or on at least one variance value.
Regarding claim 47, copending Application No. 18572541 claims the time period in which several difference values and/or variance values are smaller than the predetermined threshold value, and which is not longer than a predetermined time period, is determined as a transmission signal time period.
Regarding claim 48, copending Application No. 18572541 claims a third signal, which contains a reflected signal and is time-offset from the first signal and the second signal, is received via a third receiver.
Regarding claim 49, copending Application No. 18572541 claims at least one further offset characteristic value is formed, which depends on a time difference between the first signal and the third signal, and at least one other offset characteristic value is formed, which depends on a time difference between the second signal and the third signal.
Regarding claim 50, copending Application No. 18572541 claims a. several further offset characteristic values are determined, wherein groups are formed which have several further offset characteristic values, and for each group a variance of the several further offset characteristic values is determined and/or the difference between a maximum value of the further offset characteristic value and a minimum value of the further offset characteristic value is formed; and/or b. several other offset characteristic values are determined, wherein groups are formed which have several other offset characteristic values, and for each group a variance of the several other offset characteristic values is determined and/or the difference between a maximum value of the other offset characteristic value and a minimum value of the other offset characteristic value is formed.
Regarding claim 51, copending Application No. 18572541 claims a further time period is determined in which the difference values and/or variance values are below a predetermined threshold value, wherein the transmission signal time period corresponds to an overlap time period in which the time period overlaps with the further time period; and/or b. another time period is determined in which the difference values and/or variance values are below the predetermined threshold value, wherein the transmission signal time period corresponds to an overlap time period in which the time period overlaps with the other time period.
Regarding claim 52, copending Application No. 18572541 claims a signal section of the first signal and a further signal section of the second signal, which are compared to determine the transmission signal in the received signals, have the same phase angle range.
Regarding claim 53, copending Application No. 18572541 claims device comprising: at least one transmitter for sending a transmission signal; a first receiver for receiving a first signal which contains at least part of the transmission signal; a second receiver for receiving a second signal which contains at least part of the transmission signal; and an evaluation device which compares the received signals with one another to determine the transmission signal in the received signals, wherein comparing comprises determining a time difference and/or phase angle difference between the first signal and the second signal.
Regarding claim 53, copending Application No. 18572541 does not claim a transmission signal time period, in which the transmission signal is contained in the first signal and the second signal, depends on the determined time difference. Jenwatanavet teaches a transmission signal time period, in which the transmission signal is contained in the first signal and the second signal, depends on the determined time difference (para 4, “determining times at which the first, second, third, and fourth reflected signals are received respectively by the first, second, third, and fourth receivers. The remote object's location may be determined by a processor based on the determined times at which the first, second, third, and fourth reflected signals were received respectively at the first, second, third, and fourth receivers and known locations of the first, second, third, and fourth receive” and para 57, “the high amplitude bursts 31a, 32a, 33a are all received at roughly the same time, the smaller bursts 31d, 32d, 33d are received at different times consistent with the different distances traversed by the reflected RF signals received by each RF receive”). It would have been obvious to modify copending Application No. 18572541 to include a transmission signal time period, in which the transmission signal is contained in the first signal and the second signal, depends on the determined time difference because it would use to determine the location of the object.
Regarding claim 54, copending Application No. 18572541 claims a. the device has a third receiver for receiving a third signal containing the signal; and/or b. a distance between the receivers is at most half a wavelength of the received signal; and/or C. the transmitter is configured such that the transmission signal is a sound wave or an electro-magnetic wave.
This is a provisional nonstatutory double patenting rejection.
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) 35-37, 43-44, 48-49, and 53-54 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jenwatanavet (US 20170168134).
Regarding claim 35 and 53, Jenwatanavet teaches a method for determining a transmission signal in multiple received signals (para 57, “The first noticeable spike or increase in amplitude may be used to denote the precise time in which the reflected signals are received, although different criteria may be used for noting the reception time of each signal”), wherein the method comprises: sending a transmission signal (para 57, “ the vertical axis represents the amplitude of recovered signals, the units of which depend on the unit of the transmitted signal”), receiving a first signal, which contains at least part of the transmission signal, via a first receiver (para 57, “the high amplitude bursts 31a, 32a, 33a are all received at roughly the same time, the smaller bursts 31d, 32d, 33d are received at different times consistent with the different distances traversed by the reflected RF signals received by each RF receive”); receiving a second signal, which contains at least part of the transmission signal, via a second receiver (para 57, “the high amplitude bursts 31a, 32a, 33a are all received at roughly the same time, the smaller bursts 31d, 32d, 33d are received at different times consistent with the different distances traversed by the reflected RF signals received by each RF receive”); and determining the transmission signal in the received signals by comparing the received signals with one another, wherein comparing comprises a determination of a time difference and/or phase difference between the first signal and the second signal, wherein a transmission signal time period, in which the transmission signal is contained in the first signal and the second signal, depends on the determined time difference and/or phase difference (para 57, “the high amplitude bursts 31a, 32a, 33a are all received at roughly the same time, the smaller bursts 31d, 32d, 33d are received at different times consistent with the different distances traversed by the reflected RF signals received by each RF receive”)
Regarding claim 36, Jenwatanavet teaches the received first signal is divided into several signal sections, wherein one or more signal points are determined in the signal section (para 57, “the high amplitude bursts 31a, 32a, 33a are all received at roughly the same time, the smaller bursts 31d, 32d, 33d are received at different times consistent with the different distances traversed by the reflected RF signals received by each RF receive”)”)
Regarding claim 37, Jenwatanavet teaches a time and/or phase angle assigned to the signal point is determined (para 57, “, the smaller bursts 31d, 32d, 33d are received at different times consistent with the different distances traversed by the reflected RF signals received by each RF receiver. The first noticeable spike or increase in amplitude may be used to denote the precise time in which the reflected signals are received, although different criteria may be used for noting the reception time of each signal. Such a time differential as demonstrated in the graphs of the response signals 31, 32, 33 may be used to calculate a position of the remote object”)
Regarding claim 43, Jenwatanavet teaches at least one offset characteristic value is determined which depends on a time difference to denote the precise time in which the reflected signals are received, although different criteria may be used for noting the reception time of each signal. Such a time differential as demonstrated in the graphs of the response signals 31, 32, 33 may be used to calculate a position of the remote object”). The cross out sections of the claim are not required because they are alternative embodiments of the claim.
Regarding claim 44, Jenwatanavet teaches the offset characteristic value is determined by determining a time difference (para 57, “, the smaller bursts 31d, 32d, 33d are received at different times consistent with the different distances traversed by the reflected RF signals received by each RF receiver. The first noticeable spike or increase in amplitude may be used to denote the precise time in which the reflected signals are received, although different criteria may be used for noting the reception time of each signal. Such a time differential as demonstrated in the graphs of the response signals 31, 32, 33 may be used to calculate a position of the remote object”)
Regarding claim 48, Jenwatanavet teaches a third signal, which contains a reflected signal and is time-offset from the first signal and the second signal, is received via a third receiver (para 57, “the high amplitude bursts 31a, 32a, 33a are all received at roughly the same time, the smaller bursts 31d, 32d, 33d are received at different times consistent with the different distances traversed by the reflected RF signals received by each RF receive”)”)
Regarding claim 49, Jenwatanavet teaches at least one further offset characteristic value is formed, which depends on a time difference between the first signal and the third signal, and at least one other offset characteristic value is formed, which depends on a time difference between the second signal and the third signal (para 57, “the high amplitude bursts 31a, 32a, 33a are all received at roughly the same time, the smaller bursts 31d, 32d, 33d are received at different times consistent with the different distances traversed by the reflected RF signals received by each RF receive”)”).
Regarding claim 54, Jenwatanavet teaches the device has a third receiver for receiving a third signal containing the signal (para 57, “the high amplitude bursts 31a, 32a, 33a are all received at roughly the same time, the smaller bursts 31d, 32d, 33d are received at different times consistent with the different distances traversed by the reflected RF signals received by each RF receive”); .
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.
Claim(s) 38 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jenwatanavet as applied to claim 35 above, and further in view of Li et al (US 20210278496).
Regarding claim 38, Li teaches the received second signal is divided into several further signal sections (para 394, “performing time-domain feature extraction on the N sampling points; and determining whether the received signal can be divided into three segment, the middle segment, the left extreme value segment, and the right extreme value segment within the time period corresponding to the frequency fluctuation (the frequency fluctuation may be different in each segment”) Jenwatanavet to include the received second signal is divided into several further signal sections because it is merely a substitution of a signal of Jenwatanavet for the signal of Li to yield a predictable received signal. The cross out sections of the claim are not required because they are alternative embodiments of the claim.
Claim(s) 39-42 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jenwatanavet in view of Li as applied to claim 38 above, and further in view of Nonin (US 20210258724).
Regarding claim 39, Nonin teaches each of a first distance measurement signal and a second distance measurement signal respectively”). It would have been obvious to modify Jenwatanavet in view of Li to include the further signal section has the same phase angle range as the signal section because it is expected that two received signals would have the same phase range of the transmitted signal. The cross out sections of the claim are not required because they are alternative embodiments of the claim.
Regarding claim 40, Li teaches one or more further signal points are determined in the further signal section (para 394, “performing time-domain feature extraction on the N sampling points; and determining whether the received signal can be divided into three segment, the middle segment, the left extreme value segment, and the right extreme value segment within the time period corresponding to the frequency fluctuation (the frequency fluctuation may be different in each segment”). It would have been obvious to modify Jenwatanavet to include one or more further signal points are determined in the further signal section because it would ensure the measured signal is the reflection of the transmitted signal.
Regarding claim 41, Jenwatanavet teaches a further time assigned to the further signal point and/or phase angle is determined (para 57);
Regarding claim 42, Li teaches multiple further signal points are determined, wherein the further signal points are arranged offset from one another (para 394, “performing time-domain feature extraction on the N sampling points; and determining whether the received signal can be divided into three segment, the middle segment, the left extreme value segment, and the right extreme value segment within the time period corresponding to the frequency fluctuation (the frequency fluctuation may be different in each segment”) Jenwatanavet to include multiple further signal points are determined, wherein the further signal points are arranged offset from one another because it would ensure the measured signal is the reflection of the transmitted signal. The cross out sections of the claim are not required because they are alternative embodiments of the claim.
Claim(s) 45-47, 50 and 52 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jenwatanavet as applied to claim 35 above, and further in view of Nonin (US 20210258724).
Regarding claim 45, Nonin teaches several offset characteristic values are determined, wherein groups which have several offset characteristic values are formed, and for each group a variance of the offset characteristic values is determined (par 18) Jenwatanavet to include several offset characteristic values are determined, wherein groups which have several offset characteristic values are formed, and for each group a variance of the offset characteristic values is determined because if the signals have a low variance they are the same signals. The cross out sections of the claim are not required because they are alternative embodiments of the claim.
Regarding claim 46, Nonin teaches a time period is determined in which difference values and/or variance values are smaller than a predetermined threshold value (para 164) Jenwatanavet to include a time period is determined in which difference values and/or variance values are smaller than a predetermined threshold value because if the signals have a low variance they are the same signals. The cross out sections of the claim are not required because they are alternative embodiments of the claim.
Regarding claim 47, since determined as a transmission signal time period is contignent on the time period in which several difference values and/or variance values are smaller than the predetermined threshold value, and which is not longer than a predetermined time period, the broadest reasonable interpretation of claim does not need to include determining the transmission signal time period.
Regarding claim 50, Nonin teaches several further offset characteristic values are determined, wherein groups are formed which have several further offset characteristic values, and for each group a variance of the several further offset characteristic values is determined (para 164) Jenwatanavet to include several further offset characteristic values are determined, wherein groups are formed which have several further offset characteristic values, and for each group a variance of the several further offset characteristic values is determined because if the signals have a low variance they are the same signals. The cross out sections of the claim are not required because they are alternative embodiments of the claim.
Regarding claim 52, Nonin teaches a signal section of the first signal and a further signal section of the second signal, which are compared to determine the transmission signal in the received signals, have the same phase angle range (para 21, “a first device and a second device based on carrier phase detection, and includes a distance measurement operation unit configured to calculate the plurality of distances based on respective phases of a plurality of carrier signals included in each of a first distance measurement signal and a second distance measurement signal respectively”). It would have been obvious to modify Jenwatanavet to include the further signal section has the same phase angle range as the signal section because it is expected that two received signals would have the same phase range of the transmitted signal.
Claim(s) 51 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jenwatanavet in view of Nonin as applied to claim 50 above, and further in view of Akamine et al (US 20210018588).
Regarding claim 51, Nonin teaches a further time period is determined in which the difference values and/or variance values are below a predetermined threshold value (para 164). It would have been obvious to modify Jenwatanavet to include a further time period is determined in which the difference values and/or variance values are below a predetermined threshold value because if the signals have a low variance they are the same signals.
Regarding claim 51, Akamine et al (US 20210018588). Akamine teaches the transmission signal time period corresponds to an overlap time period in which the time period overlaps with the further time period (para 105) Jenwatanavet to include the transmission signal time period corresponds to an overlap time period in which the time period overlaps with the further time period because it is merely a substitution of how the radar device of Akamine operates with how the radar device of Jenwatanavet operates to yield a predictable radar device. The cross out sections of the claim are not required because they are alternative embodiments of the claim.
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TIMOTHY A. BRAINARD
Primary Examiner
Art Unit 3648
/TIMOTHY A BRAINARD/Primary Examiner, Art Unit 3648