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 .
Information Disclosure Statement
The information disclosure statement filed March 13, 2024, fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. Specifically, the following foreign documents have been filed without a translation or with only the abstract translated into English, which is insufficient given the level of complexity of the instant application:
WO2021117559A1
JP2003198247A
JP2011112600A
JP2018141764A
CN112462357A
It has been placed in the application file, but the information referred to therein has not been considered.
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.
Claims 1-8 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claim 1 recites “a detection region setting unit configured to set a predetermined region including the position as a detection region in a detectable range in which the target is to be detected” and subsequently recites “wherein the detection unit executes detection in the detection region set by the detection region setting unit” which is indefinite, because it appears to be relying on knowledge of the position of the target in order to detect the target in the first place, i.e., a chicken or egg-type dilemma. The position of the target can only be known by the detector after the transmitting elements, receiving elements, calculation unit, and position determination unit have performed their operations. Thus, it makes no sense for the detection unit to rely completely on the detection region setting unit to “execute detection” when the target must have necessarily already been detected by the detection unit in order to find the position in the first place such that the position is supplied to the detection region setting unit. In other words, the claim is apparently reliant on a circular logic, when it should perhaps be more closely aligned with an iterative mechanism, i.e., an initial detection followed by iterative refinement. Dependent claims 2-8 fail to cure the deficiency.
Claim 3 recites “a plurality of setting patterns each including one or more detection regions” which is indefinite, because it is unclear how the plurality of setting patterns can be viewed as a structural element of the invention so as to further limit the invention of claim 2, from which claim 3 depends. Instead, the setting patterns appear to be an intended use of the detection unit, i.e., each merely a mode of operation of the detection unit, rather than an independent element of the invention.
Claim Rejections - 35 USC § 102
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 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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-6 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Homma et al. (US 2023/0003876 A1), hereinafter Homma.
Regarding claim 1, Homma discloses a detector (abstract, regarding an electronic device includes a transmission antenna that transmits a transmission wave, a reception antenna that receives a reflected wave that is the transmission wave having been reflected, and a control unit that detects an object that reflects the transmission wave) comprising:
a detection unit (sensor 5; fig. 1) including
one or more transmitting elements (transmission unit 20; fig. 2) configured to transmit a frequency modulated continuous wave (FMCW) type transmitted electromagnetic wave (para. [0047], regarding when a distance or the like is measured by using a millimeter-wave radar, a frequency-modulated continuous wave radar (hereinafter, referred to as an FMCW radar) is often used),
two or more receiving elements (reception units 30A-30D; fig. 2) configured to receive a reflected electromagnetic wave obtained by the transmitted electromagnetic wave being reflected by a target (para. [0072], regarding the reception antenna 31 may receive the reflected wave R that is the reflected transmission wave T; fig. 2),
a calculation unit (distance FFT processing unit 11; fig. 2) configured to calculate a distance to the target and an angle of arrival of the reflected electromagnetic wave using the transmitted electromagnetic wave and the reflected electromagnetic wave (para. [0079], regarding he distance FFT processing unit 11 estimates a distance between the mobility device 100 equipped with the electronic device 1 and the object 200 on the basis of the beat signals supplied from the respective AD conversion units 35; fig. 2), and
a position determination unit (object detecting unit 16; fig. 2) configured to determine a position of the target using the distance and the angle of arrival (para. [0089], regarding the object detecting unit 16 may perform detection of an object by performing, for example, clustering processing on the basis of the supplied distance information, velocity information, and angle information); and
a detection region setting unit (control unit 10; fig. 2) configured to set a predetermined region including the position as a detection region in a detectable range in which the target is to be detected (para. [0106], regarding the control unit 10 that is performing detection of an object in the object detection range (3) may switch the range in which detection of an object is performed from the object detection range (3) to the object detection range (2); fig. 4),
wherein the detection unit executes detection in the detection region set by the detection region setting unit (see again para. [0106], fig. 4).
Regarding claim 2, Homma discloses the invention in claim 1, and further discloses wherein the detection region setting unit (10) is configured to set a plurality of regions as the detection region (para. [0105], regarding the control unit 10 may enable a plurality of object detection ranges (for example, the object detection ranges (1) to (4) in FIG. 4 ) based on the transmission signal and the reception signal to be changed).
Regarding claim 3, Homma discloses the invention in claim 2, and further disclose the invention further comprising a plurality of setting patterns each including one or more detection regions (as shown in fig. 4), wherein the detection region setting unit is configured to switch the setting pattern based on a predetermined condition (see again para. [0105]).
Regarding claim 4, Homma discloses the invention in claim 1, and further discloses wherein the detection region setting unit is configured to set an asymmetric region with respect to a center of a detectable range of the detector as the detection region (as shown in fig. 4).
Regarding claim 5, Homma discloses the invention in claim 1, and further discloses wherein the number of the receiving elements is four or more (30A-30D; fig. 2).
Regarding claim 6, Homma discloses the invention in claim 1, and further discloses wherein a frequency of the transmitting electromagnetic wave is 55 GHz or more (para. [0113], regarding the wavelength A of the transmission wave T may be a wavelength of the transmission wave T having a center frequency of 79 GHz when a frequency band of the transmission wave T is, for example, from 77 GHz to 81 GHz).
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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
a) Determining the scope and contents of the prior art.
b) Ascertaining the differences between the prior art and the claims at issue.
c) Resolving the level of ordinary skill in the pertinent art.
d) Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Tokudome et al. (US 2020/0340286 A1), hereinafter Tokudome, in view of Homma et al. (US 2023/0003876 A1), hereinafter Homma, in view of.
Regarding claim 7, Tokudome discloses an automatic door system (abstract, regarding a door opening and closing device) comprising: a detector (detection unit 12; fig. 1); and an automatic door (back door 4; fig. 1) opened and closed based on a detection result in the detection region set by the detection region setting unit of the detector (para. [0036], regarding when the detection unit 12 detects a moving object including the user and a third party other than the user, the control unit 28 performs determination (an authentication process) on whether or not the moving object is the user using the authentication unit 26; when it is determined that the predetermined operation has been established, the control unit 28 causes the drive unit 24 to drive for opening when the door 4 is in a closed state or causes the drive unit 24 to drive for closing when the door 4 is in an open state; figs. 3A-3B).
Tokudome does not appear to specifically disclose the detector according to claim 1.
However, Homma is in the field of remote detection (abstract) and teaches the detector in claim 1 (per the rejection of claim 1 detailed hereinabove).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the invention of Tokudome to include the detector of Homma, with a reasonable expectation of success, in order to provide the door opening and closing device of Tokudome with a means for fine tuning the detection as an iterative process (see again Homma, para. [0106]).
Regarding claim 8, Tokudome discloses an opening and closing system (abstract, regarding a door opening and closing device) comprising: a detector (detection unit 12; fig. 1); and one of a shutter and a gate (gate chosen; back door 4; fig. 1) opened and closed based on a detection result in the detection region set by the detection region setting unit of the detector (para. [0036], regarding when the detection unit 12 detects a moving object including the user and a third party other than the user, the control unit 28 performs determination (an authentication process) on whether or not the moving object is the user using the authentication unit 26; when it is determined that the predetermined operation has been established, the control unit 28 causes the drive unit 24 to drive for opening when the door 4 is in a closed state or causes the drive unit 24 to drive for closing when the door 4 is in an open state; figs. 3A-3B).
Tokudome does not appear to specifically disclose the detector according to claim 1.
However, Homma teaches the detector in claim 1 (per the rejection of claim 1 detailed hereinabove).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the invention of Tokudome to include the detector of Homma, with a reasonable expectation of success, in order to provide the door opening and closing device of Tokudome with a means for fine tuning the detection as an iterative process (see again Homma, para. [0106]).
Conclusion
The cited references made of record in the contemporaneously filed PTO-892 form and not relied upon in the instant office action are considered pertinent to applicant's disclosure, and may have one or more of the elements in Applicant’s disclosure and at least claim 1.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRADY W FRAZIER whose telephone number is (469)295-9263. The examiner can normally be reached Monday-Friday 9:00am-5:00pm CT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, William Kelleher can be reached at 571-272-7753. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRADY W FRAZIER/ Primary Examiner, Art Unit 3648