DETAILED ACTION
Status of Claims
Claims 1-9 are currently pending and have been examined in this application. This NON-FINAL communication is the first action on the merits.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
Applicant’s claim for the benefit of a prior-filed application filed in PCT JP 2021141578 on 08/31/2021 under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
Claim Objections
The claims are objected to because of the following informalities:
[Claim 9, ln. 19] Typographical error, “[[the]] a target object detecting unit”.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: Such claim limitation(s) is/are:
“target object detecting unit that is configured to detect a position and a velocity of the target object…;” in claims 1-2
“relay reflection target object selecting unit that is configured to select, as a relay reflection target object, a moving body…;” in claim 1
“multipath ghost condition setting unit that is configured to set a multipath ghost condition…;” in claims 1, 3-4
“multipath ghost determining unit that is configured to extract a target object that meets the multipath ghost condition…;” in claims 1-2, 5-8
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claims 1-9 are rejected under 35 U.S.C. 103 as being unpatentable over Yomo (US 20230080655) in view of Dvorecki (US 20240053467).
Regarding Claims 1, 9, Yomo teaches the following limitations:
A vehicle radar apparatus that is mounted to a vehicle and detects a target object in a vicinity of an own vehicle, the vehicle radar apparatus comprising: (Yomo - [0032] The present disclosure relates to, for example, a radar apparatus using a radio signal in a millimeter-wave band, and a technique for preventing a reflective object present outside of a viewing angle covering a detection target area from being detected inside of the viewing angle as a false image due to an effect of multipath caused by a reflective object (e.g., mirror reflective object) present inside of the viewing angle. It is assumed that the radar apparatus of the present disclosure is fixedly installed as a road light installed on the roadside and an infrastructure to monitor unauthorized entry, for example. The present disclosure is not limited thereto, however, and may be applied to a radar apparatus mounted on a moving object such as a vehicle.)
(Claim 9) a processor; a non-transitory computer-readable storage medium; and a set of computer-executable instructions stored in the computer-readable storage medium that, when read and executed by the processor, to implement: (Yomo - [0062] main reflective object detector 603 compares the state of the reflection detected by radar signal processor 602 with the stored mirror reflective object patterns, Yomo does not explicitly teach “non-transitory computer-readable storage medium”.)
a target object detecting unit that is configured to detect a position and a velocity of the target object by transmitting a radar wave to the vicinity of the own vehicle, (Yomo - [0032], [0060] Radar signal processor 602 detects the position, velocity, strength, etc. of a determination target from the reflected radio wave received at antenna 601.)
receiving a reflected wave of the radar wave, and (Yomo - [0050] The signal level of the reflected wave as a direct wave from real reflective object 303 received by radar apparatus 101 is higher than the signal level of the reflected wave of ghost reflective object 203 illustrated in FIG. 2.)
performing frequency analysis on transmission and reception signals; (Yomo - [0050], [0062] Yomo does not explicitly teach “frequency analysis”.)
a relay reflection target object selecting unit that is configured to select, as a relay reflection target object, a moving body that is capable of relaying transmission and reception of the radar wave to and from another target object, from a plurality of target objects detected by the target object detecting unit; (Yomo – [Fig. 1], [Fig. 21] plurality, [0032], [0050], [0038] FIG. 1 illustrates radar apparatus 101, real reflective object 102, which is an existing object in detection area 108 of radar apparatus 101, ghost reflective object 103, which is a ghost, mirror reflective object 104 present in detection area 108 of radar apparatus 101, multipath reflection point 105, direct wave route (solid line) 106, multipath routes (dashed lines) 107a and 107b, and detection area (dashed and dotted line) 108. [0062] In pre-measurement, main reflective object detector 603 determines whether candidates for mirror reflective object 204 have been detected from the state of reflection detected by radar signal processor 602)
a multipath ghost condition setting unit that is configured to set a multipath ghost condition that indicates the position and the velocity of the target object erroneously detected by the target object detecting unit as a result of a stationary object to which the radar wave is relayed by the relay reflection target object, based on the position and the velocity of the relay reflection target object and a velocity of the own vehicle; and (Yomo - [0032], [0060], [0062], [0061] Classification processor 612 assigns individual identification numbers (IDs) to detected objects for point cloud data detected and outputted by radar signal processor 602, and selects, from the detected objects to which the IDs are assigned, a detected object corresponding to a ghost determination signal inputted from shadowing determiner 611. Note that classification processor 612 does not output a warning signal or outputs a warning signal indicating a possibility of ghosting to a warning determiner (not illustrated) in accordance with the inputted ghost determination signal. [0132] map generator 2101, for example, subtracts the movement vector that is based on the moving path of radar apparatus 101b, and performs processing such that a reflection point from the same stationary object is overwritten on the same coordinates at each point in time.)
a multipath ghost determining unit that is configured to extract a target object that meets the multipath ghost condition from the plurality of target objects detected by the target object detecting unit, determine that the extracted target object is a multipath ghost, and restrict output of a detection result from the target object detecting unit to an external apparatus. (Yomo - [0032], [0060-0062], [0063] area specifier 608 extracts a warning target area in the ghosting area where ghosting possibly occurs by a real reflective object outside the detection area, based on the geometric positional relationship between mirror reflective object 204 and radar apparatus 101 (step S703). [0068] When auxiliary reflective object detector 610 detects a real reflective object, shadowing determiner 611 observes temporal variations for the received reflected wave from the real reflective object (step S705), and determines whether shadowing occurs (step S706). [0069] When shadowing determiner 611 determines that the variation in the signal level is equal to or less than a predetermined value and no shadowing occurs (step S706: No), the determination target is considered to be a ghost,)
Yomo does not explicitly teach the following limitations, however Dvorecki, in the same field of endeavor, teaches:
frequency analysis (Dvorecki – [0735] wherein the processor is configured to transform the digital Rx signal into a frequency-domain radar Rx signal in a frequency-domain, to determine cross-correlation (XCORR) data corresponding to a plurality of Doppler values)
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the radar apparatus of Yomo with the frequency-domain radar Rx signal of Dvorecki in order to perform a Doppler Fast Fourier Transform used to extract velocity information (Dvorecki – [0140]).
a non-transitory computer-readable storage medium (Dvorecki – [0698] one or more tangible computer-readable (“machine-readable”) non-transitory storage media 2602, which may include computer-executable instructions, e.g., implemented by logic 2604, operable to, when executed by at least one computer processor, enable the at least one computer processor to implement one or more operations and/or functionalities)
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the processing of Yomo with the non-transitory storage media of Dvorecki in order to enable the at least one computer processor to implement one or more operations and/or functionalities (Dvorecki – [0698]).
Regarding Claim 2, Yomo further teaches:
wherein: the target object detecting unit is configured to periodically repeatedly perform a detection operation of the target object; and (Yomo – [Fig. 7], [0032], [0060-0063], [0068-0069])
in response to the target object that meets the multipath ghost condition being extracted a plurality of times from the plurality of target objects detected by the target object detecting unit, the multipath ghost determining unit is configured to determine that the target object that is extracted a plurality of times is the multipath ghost. (Yomo – [Fig. 7], [0032], [0060-0063], [0068-0069])
Regarding Claims 3-4, Yomo further teaches:
wherein: the multipath ghost condition setting unit is configured to estimate a velocity of the multipath ghost based on the azimuth and the velocity of the relay reflection target object and the velocity of the own vehicle, and (Yomo – [0032], [0060-0063], [0068-0069], [0086] In a case where radar apparatus 101 to be used is capable of performing two-dimensional (azimuth angle and elevation angle) angle measurement, area specifier 608 determines reflection direction “a” of a wave inputted from radar apparatus 101 to mirror reflective object 1002 at point 1205 where line 1202 connecting the center of square 1201 and radar apparatus 101 intersects with mirror reflective object 1002.)
set the multipath ghost condition based on the estimated multipath ghost velocity, and an azimuth and a distance of the relay reflection target object. (Yomo – [0068-0069], [0086])
Regarding Claims 5-8, Yomo further teaches:
wherein: the multipath ghost determining unit is configured to attach information indicating that the target object is the multipath ghost to the target object that is determined to be the multipath ghost among the plurality of target objects detected by the target object detecting unit, and (Yomo – [0061], [0068-0069])
output the detection result of the target object from the target object detecting unit to the external apparatus. (Yomo – [0061])
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's
disclosure or directed to the state of art is listed on the enclosed PTO-892.
The following is a brief description for relevant prior art that was cited but not applied:
Pavek (US 9739881) describes a Boolean association method for determining true target detections and target positions that reduces many of the ghosts or incorrect detections that can produce image artifacts.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRANDON JAMES HENSON whose telephone number is (703)756-1841. The examiner can normally be reached Monday-Friday 9:00 am - 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Resha H. Desai can be reached at (571) 270-7792. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRANDON JAMES HENSON/Examiner, Art Unit 3648
/RESHA DESAI/Supervisory Patent Examiner, Art Unit 3648