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 .
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.
Claims 1-20 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.
The claims are generally narrative and indefinite, failing to conform with current U.S. practice. They appear to be a literal translation into English from a foreign document and are replete with grammatical and idiomatic errors. Some of the more noticeable issues have been listed below.
Regarding Claims 1, 4-5, 8-10, and 15-20 the term “continuous ultrasonic signal array” renders the claim indefinite. An array is a matrix like structure and there is no such structure here as it does not appear to be an array of transducers and a person of ordinary skill would not understand how a signal can be an array.
Regarding Claims 2, the term frequency modulation in a unit of a pulse width renders the claim indefinite. A pulse width can be any arbitrarily chosen length and any frequency modulation being done during transmission would read on the claim. A person of ordinary skill would not be able to ascertain the metes and bounds of the claim limitation in order to avoid infringement.
Regarding Claims 3, the term perform synchronous time gating in the unit of the set pulse width. It is unclear what is being synchronous. Moreover, any gating of the pulse for any period of time would be synchronous with the pulse. A person of ordinary skill would not be able to ascertain the metes and bounds of the claim limitation in order to avoid infringement.
Regarding Claim 5, the term array mixed with signal as well as echo output a mixed signal. It is unclear what the array is and how it can be mixed with an echo. Any received signal in the echo would be mixed with anything picked up by the receiver. It is unclear what process is being done and what is being mixed together. A person of ordinary skill would not be able to ascertain the metes and bounds of the claim limitation in order to avoid infringement.
Regarding Claim 7, the array can be delayed as well as a pulse width. It is unclear as any delay of any arbitrary time could be equal to any chosen pulse width. A person of ordinary skill would not be able to ascertain the metes and bounds of the claim limitation in order to avoid infringement.
Regarding Claim 8, the predetermined time period can be any arbitrarily chosen time and it would read on the claim. Moreover it is unclear how a delayed array can be output. A person of ordinary skill would not be able to ascertain the metes and bounds of the claim limitation in order to avoid infringement.
Regarding Claims 10 it is unclear if second ADC is the same as claim 7 or if it is a different one as well as having the same mixing issue as claim 5.
Regarding Claims 12 the term amplitude of frequency analysis result is indefinite. It is unclear what it is as an amplitude-frequency representation of the frequency analysis result is simply as many amplitudes as analyzed frequencies. This frequency can also be arbitrarily chosen. As such it is unclear what the amplitude of first frequency and what amplitude of second frequency are multiplied. A person of ordinary skill would not be able to ascertain the metes and bounds of the claim limitation in order to avoid infringement.
Regarding Claims 14 the term pairs as part of array and multidimensional space are indefinite. It is unclear if the pairs are part of the array or not. Regarding the multidimensional space it is unclear if it is physical or data or display as any display on a screen is two dimensional. A person of ordinary skill would not be able to ascertain the metes and bounds of the claim limitation in order to avoid infringement.
The remaining claims also have indefinite issues similar to the above listed issues.
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 (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 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 1-4, 8, 15, 20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Green (US 4016750 A) or Crostack (US 4271705 A).
Regarding claim 1, Green discloses a signal generator configured to generate a continuous ultrasonic signal array that is frequency modulated[Col 3; Lines 1-15 has continous signal with frequency modulation];
a gating switch configured to perform time gating to allow part of ultrasonic signals in the continuous ultrasonic signal array to pass through the gating switch[Col 2 Line 60- Col 3 Line 10 has gated signal source #20 in Fig 1 and transmitter gate #24 to control signals from timing];
a transmitter configured to emit ultrasonic signals, having passed through the gating switch, toward an object[Fig 1 has transducer #10 that get signals from the gate #24 and gated signal source #20 for object #18];
a receiver configured to receive an echo signal reflected from the object[Fig 1 has receiver #30];
and a signal processor configured to measure a location of the object by using the echo signal[Abstract, Fig 1 has signal processor].
Crostack discloses a signal generator configured to generate a continuous ultrasonic signal array that is frequency modulated[Claim 9 has continous signal, Claim 1 and abstract has desired frequency and modulation];
a gating switch configured to perform time gating to allow part of ultrasonic signals in the continuous ultrasonic signal array to pass through the gating switch[Fig 6 has gates T1 and T1 for shaping the pulse in terms of duration meaning time gating];
a transmitter configured to emit ultrasonic signals, having passed through the gating switch, toward an object[Fig 6 has acoustic transducer];
a receiver configured to receive an echo signal reflected from the object[Fig 6 has acoustic transducer];
and a signal processor configured to measure a location of the object by using the echo signal[Col 2 has background of invention using ultrasonic reflections to analyze objects].
Regarding claim 15, Green discloses generating, by using the signal generator, a continuous ultrasonic signal array that is frequency modulated[Col 3; Lines 1-15 has continuous signal with frequency modulation];
performing, by using the gating switch, time gating to allow part of ultrasonic signals in the continuous ultrasonic signal array to pass through the gating switch[Col 2 Line 60- Col 3 Line 10 has gated signal source #20 in Fig 1 and transmitter gate #24 to control signals from timing];
emitting, by using the transmitter, ultrasonic signals, which are allowed to pass through the gating switch, toward an object[Fig 1 has transducer #10 that get signals from the gate #24 and gated signal source #20 for object #18];
receiving, by using the receiver, an echo signal reflected from the object[Fig 1 has receiver #30]; and measuring, by using the signal processor, a location of the object by using the echo signal[Abstract, Fig 1 has signal processor].
Crostack discloses generating, by using the signal generator, a continuous ultrasonic signal array that is frequency modulated[Claim 9 has continuous signal, Claim 1 and abstract has desired frequency and modulation];
performing, by using the gating switch, time gating to allow part of ultrasonic signals in the continuous ultrasonic signal array to pass through the gating switch[Fig 6 has gates T1 and T1 for shaping the pulse in terms of duration meaning time gating];
emitting, by using the transmitter, ultrasonic signals, which are allowed to pass through the gating switch, toward an object[Fig 6 has acoustic transducer];
receiving, by using the receiver, an echo signal reflected from the object[Fig 6 has acoustic transducer];
and measuring, by using the signal processor, a location of the object by using the echo signal[Col 2 has background of invention using ultrasonic reflections to analyze objects].
Regarding claim 20, Green discloses an ultrasonic distance sensor configured to measure a location of an object[Summary of invention has distance to object and time of travel];
and a processor configured to perform an operation of the device by using the measured location of the object[Abstract, Fig 1 has signal processor],
wherein the ultrasonic distance sensor comprises[Fig 1 has sensor]:
a signal generator configured to generate a continuous ultrasonic signal array that is frequency modulated[Col 3; Lines 1-15 has continuous signal with frequency modulation];
a gating switch configured to perform time gating to allow part of ultrasonic signals in the continuous ultrasonic signal array to pass through the gating switch[Col 2 Line 60- Col 3 Line 10 has gated signal source #20 in Fig 1 and transmitter gate #24 to control signals from timing];
a transmitter configured to emit ultrasonic signals, having passed through the gating switch, toward the object[Fig 1 has transducer #10 that get signals from the gate #24 and gated signal source #20 for object #18];
a receiver configured to receive an echo signal reflected from the object[Fig 1 has receiver #30];
and a signal processor configured to measure the location of the object by using the echo signal[Abstract, Fig 1 has signal processor].
Crostack discloses an ultrasonic distance sensor configured to measure a location of an object[Col 2 has background of invention using ultrasonic reflections to analyze objects];
and a processor configured to perform an operation of the device by using the measured location of the object[Col 2 has background of invention using ultrasonic reflections to analyze objects],
wherein the ultrasonic distance sensor comprises[Fig 6 shows sensor]:
a signal generator configured to generate a continuous ultrasonic signal array that is frequency modulated[Claim 9 has continuous signal, Claim 1 and abstract has desired frequency and modulation];
a gating switch configured to perform time gating to allow part of ultrasonic signals in the continuous ultrasonic signal array to pass through the gating switch[Fig 6 has gates T1 and T1 for shaping the pulse in terms of duration meaning time gating];
a transmitter configured to emit ultrasonic signals, having passed through the gating switch, toward the object[Fig 6 has acoustic transducer];
a receiver configured to receive an echo signal reflected from the object[Fig 6 has acoustic transducer];
and a signal processor configured to measure the location of the object by using the echo signal[Col 2 has background of invention using ultrasonic reflections to analyze objects].
Regarding claim 2, Green discloses wherein the signal generator is configured to generate respective ultrasonic signals by performing frequency modulation in a unit of a pulse width, the pulse width being set based on a target resolution.[Col 3, Lines 1-10, Col 7 Lines 50-65, Fig 4 has periodic pulses for object scanning meaning pulse width]
Crostack discloses wherein the signal generator is configured to generate respective ultrasonic signals by performing frequency modulation in a unit of a pulse width, the pulse width being set based on a target resolution. [Col 2, Lines 30-40, Col 5 Lines 15-20, Col 6, Lines 15-20 and claim 12 all have pulse width being adjusted].
Regarding claim 3, Green discloses wherein the gating switch is configured to perform synchronous time gating in the unit of the set pulse width to pass one ultrasonic signal through the gating switch. [Fig 4 shows pulse from time T1 to T2 meaning one signal sent; See also Col 2 Line 60- Col 3 Line 10 has gated signal source #20 in Fig 1 and transmitter gate #24 to control signals from timing].
Crostack discloses wherein the gating switch is configured to perform synchronous time gating in the unit of the set pulse width to pass one ultrasonic signal through the gating switch. [Fig 6 has gates T1 and T1 for shaping the pulse in terms of duration meaning time gating].
Regarding claim 4, Green discloses wherein the one ultrasonic signal comprises an ultrasonic signal that is first in order in the continuous ultrasonic signal array. [Col 4 lines 45-50 has transducer array and Col 3; Lines 1-15 has continuous signal with frequency modulation; See also Col 2 Line 60- Col 3 Line 10 has gated signal source #20 in Fig 1 and transmitter gate #24 to control signals from timing meaning a signal is chosen first].
Crostack discloses wherein the one ultrasonic signal comprises an ultrasonic signal that is first in order in the continuous ultrasonic signal array[Fig 6 has gates T1 and T1 for shaping the pulse in terms of duration meaning time gating and pulse is chosen; See also Col 3, Lines 20-25, Col 4, Lines 35-40, Col 5 Lines 35-40].
Regarding claim 8, Green discloses further comprising a signal delayer configured to delay the continuous ultrasonic signal array, generated by the signal generator, by a predetermined time period and configured to output the delayed ultrasonic signal array. [Col 2 Line 60- Col 3 Line 10 has gated signal source #20 in Fig 1 and transmitter gate #24 to control signals from timing meaning signals can be delayed based on timing].
Crostack discloses further comprising a signal delayer configured to delay the continuous ultrasonic signal array, generated by the signal generator, by a predetermined time period and configured to output the delayed ultrasonic signal array. [Fig 6 has gates T1 and T1 for shaping the pulse in terms of duration meaning time gating meaning pulse timing and shaping would be a delayer for the signals].
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 5-7, 10, 13, 16-19 are rejected under 35 U.S.C. 103 as being unpatentable over Green (US 4016750 A) or Crostack (US 4271705 A) as applied to claims 1, 4, 8 and 15 above, and further in view of Petroff (US 5226328 A).
Regarding claim 5 and 16, Green or Crostack does not explicitly teach further comprising a first mixer configured to mix the continuous ultrasonic signal array with the echo signal to output a first mixed signal.
Petroff teaches that further comprising a first mixer configured to mix the continuous ultrasonic signal array with the echo signal to output a first mixed signal. [Fig 2a has mixer #22 and Fig 7a has mixer #22a]
It would have been obvious to one of ordinary skill in the art before the filing date to have modified the sensor in Green or Crostack with the mixer Petroff in order to mix the echo with the signal for processing.
Regarding claims 6 and 17, Green or Crostack does not explicitly teach wherein the signal processor is configured to measure the location of the object by performing frequency analysis on the first mixed signal through Fast Fourier transform (FFT).
Petroff teaches wherein the signal processor is configured to measure the location of the object by performing frequency analysis on the first mixed signal through Fast Fourier transform (FFT). [Abstract and Fig 7B and claims 3 has FFT for locating objects as shown in claim 1]
It would have been obvious to one of ordinary skill in the art before the filing date to have modified the sensor in Green or Crostack with the FFT in Petroff in order to process the signal for object location through frequency analysis.
Regarding claim 7, Green or Crostack does not explicitly teach further comprising a first analog-to-digital converter (ADC) configured to convert the first mixed signal into a digital signal and configured to transmit the digital signal to the signal processor. [Though Green has Abstract, claim 1, 9 and 15 have converting echo into electrical signals meaning analog to digital].
Petroff teaches further comprising a first analog-to-digital converter (ADC) configured to convert the first mixed signal into a digital signal and configured to transmit the digital signal to the signal processor. [A/D converter #36 in Fig 2a and #36a in Fig 7a has conversion of analog to digital signal; See also claim 5]
It would have been obvious to one of ordinary skill in the art before the filing date to have modified the sensor in Green or Crostack with the ADC of Petroff in order to convert analog to digital signals for processing.
Regarding claims 10 and 19, Green or Crostack does not explicitly teach further comprising a second mixer configured to mix the continuous ultrasonic signal array, delayed by the signal delayer, with the echo signal configured to output a second mixed signal, wherein the signal processor is configured to measure the location of the object based on a first frequency analysis result of the first mixed signal and a second frequency analysis result of the second mixed signal.
Petroff teaches further comprising a second mixer configured to mix the continuous ultrasonic signal array, delayed by the signal delayer, with the echo signal configured to output a second mixed signal, [Fig 2a has mixer #22 and Fig 7a has mixer #22a]
wherein the signal processor is configured to measure the location of the object based on a first frequency analysis result of the first mixed signal and a second frequency analysis result of the second mixed signal. [Fig 2a has processor processing the mixed signal]
It would have been obvious to one of ordinary skill in the art before the filing date to have modified the sensor in Green or Crostack with duplicate mixers and signal processing of Petroff in order to process the signal for object location through frequency analysis.
Moreover it would have been obvious to one having ordinary skill in the art at the time the invention was made to duplicate the mixer, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Regarding claim 13, Green or Crostack does not explicitly teach further comprising: a first ADC configured to convert the first mixed signal into a first digital signal and configured to transmit the first digital signal to the signal processor; and a second ADC configured to convert the second mixed signal into a second digital signal and configured to transmit the second digital signal to the signal processor. [Though Green has Abstract, claim 1, 9 and 15 have converting echo into electrical signals meaning analog to digital]
Petroff teaches further comprising: a first ADC configured to convert the first mixed signal into a first digital signal and configured to transmit the first digital signal to the signal processor; and a second ADC configured to convert the second mixed signal into a second digital signal and configured to transmit the second digital signal to the signal processor. [A/D converter #36 in Fig 2a and #36a in Fig 7a has conversion of analog to digital signal; See also claim 5]]
It would have been obvious to one of ordinary skill in the art before the filing date to have modified the sensor in Green or Crostack with the ADC of Petroff in order to convert analog to digital signals for processing.
Moreover it would have been obvious to one having ordinary skill in the art at the time the invention was made to duplicate the ADC, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Regarding claim 18, Green, as modified, teaches delaying the continuous ultrasonic signal array by a predetermined time period and outputting the delayed ultrasonic signal array. [Col 2 Line 60- Col 3 Line 10 has gated signal source #20 in Fig 1 and transmitter gate #24 to control signals from timing meaning signals can be delayed based on timing].
Crostack, as modified, teaches delaying the continuous ultrasonic signal array by a predetermined time period and outputting the delayed ultrasonic signal array. [Fig 6 has gates T1 and T1 for shaping the pulse in terms of duration meaning time gating meaning pulse timing and shaping would be a delayer for the signals].
Claim 9 are rejected under 35 U.S.C. 103 as being unpatentable over Green (US 4016750 A) or Crostack (US 4271705 A) as applied to claim 8 above, and further in view of Hossack (US 6108273 A).
Regarding claim 9, Green or Crostack does not explicitly teach wherein the signal delayer configured to delay the continuous ultrasonic signal array by a time corresponding to half a pulse width of an ultrasonic signal. [Though having gated signal means delays are possible]
Hossack teaches that wherein the signal delayer configured to delay the continuous ultrasonic signal array by a time corresponding to half a pulse width of an ultrasonic signal. [Fig 21 has transmit waveform with incremental delay meaning it would read on any arbitrarily chosen pulse width]
It would have been obvious to one of ordinary skill in the art before the filing date to have modified the sensor in Green or Crostack with the delay of Hossack in order to delay or beamform the signals or simply adjust the timing.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to delay the signals by an arbitrary chosen pulse width, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Green (US 4016750 A) or Crostack (US 4271705 A) in view of Petroff (US 5226328 A) as applied to claim 10 above, and further in view of Eccardt (US 5761155 A).
Regarding claim 11, Green or Crostack or Petroff does not explicitly teach wherein the signal processor is configured to determine a location, commonly indicated in the first frequency analysis result and the second frequency analysis result, as the location of the object. [Fig 1 shows two sensors finding the object common to it. Filter analysis and correlation analysis on Col 7 shows frequencies used to find the object]
Eccardt teaches that wherein the signal processor is configured to determine a location, commonly indicated in the first frequency analysis result and the second frequency analysis result, as the location of the object. [Fig 1 shows two sensors finding the object common to it. Filter analysis and correlation analysis on Col 7 shows frequencies used to find the object]
It would have been obvious to one of ordinary skill in the art before the filing date to have modified the sensor in Green or Crostack with the multiple readings of Eccardt in order to use multiple readings to locate and object.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Green (US 4016750 A) or Crostack (US 4271705 A) in view of Petroff (US 5226328 A) and Eccardt (US 5761155 A) as applied to claim 11 above, and further in view of Kishi (US 20060281429 A1) or Fasching (US 5337289 A).
Regarding claim 12, Kishi teaches wherein the signal processor is configured to determine the location of the object based on a result of multiplying an amplitude of the first frequency analysis result by an amplitude of the second frequency analysis result. [0131 has multiplier on amplitude of output signal]
Fasching teaches wherein the signal processor is configured to determine the location of the object based on a result of multiplying an amplitude of the first frequency analysis result by an amplitude of the second frequency analysis result. [Col 7, Lines 1-5 have multiplier on amplitude]
It would have been obvious to one of ordinary skill in the art before the filing date to have modified the sensor in Green or Crostack with the multiplier of Kishi or Fasching in order to user a multiplier on amplitude for processing the signal for compensation or beamshaping.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Green (US 4016750 A) or Crostack (US 4271705 A) as applied to claim 1 above, and further in view of Pure (US 3469229 A) or Gonzalez (US 20210080570 A1).
Regarding claim 14, Green or Crostack does not explicitly teach wherein a plurality of pairs of transmitters and receivers are provided, and wherein the signal processor is configured to reconstruct a multi-dimensional space by using the plurality of pairs of transmitters and receivers.
Pure teaches wherein a plurality of pairs of transmitters and receivers are provided, and wherein the signal processor is configured to reconstruct a multi-dimensional space by using the plurality of pairs of transmitters and receivers. [Claim 3 has pairs of transmitters and receivers and Col 5, Lines 40-50 have display on chart meaning 2 dimensional space]
Gonzalez teaches that wherein a plurality of pairs of transmitters and receivers are provided, and wherein the signal processor is configured to reconstruct a multi-dimensional space by using the plurality of pairs of transmitters and receivers. [0033 and 0054-0055 pairs of transmitters and receivers and 0031 have display meaning 2 dimensional space]
It would have been obvious to one of ordinary skill in the art before the filing date to have modified the sensor in Green or Crostack with the multiple pairs of transmitters and receivers of Pure or Gonzalez for more coverage and redundancy and to have a two dimensional screen display.
Conclusion
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/VIKAS ATMAKURI/Examiner, Art Unit 3645
/JAMES R HULKA/Primary Examiner, Art Unit 3645