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 .
DETAILED ACTION
This action is responsive to the Application filed on 3/7/2024.
This application claims the benefit of priority from Korean Patent Application No. KR10-2023-0147737 filed on 10/31/2023.
Claims 1-10 are pending in the case. Claims 1, 9, and 10 are independent claims.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 03/19/2025 was filed after the mailing date of the 03/07/2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1 is rejected under 35 U.S.C. § 101 because the claimed invention is directed to non-statutory subject matter. Independent claim 1 recites an “apparatus,” which the specification states may be “performed by computer program instructions” (paragraph 36 line 2). This allows the claim to encompass software per se, which is not a “process,” a “machine,” a “manufacture,” or a “composition of matter” as defined in 35 U.S.C. § 101. Examiner suggests adding a recitation of a “processor.”
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 5 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claim 5 recites the limitation "apparatus… further comprising… the jamming resource that receives the threat signal detected from the signal detector ". However, claim 1 already recited that the apparatus comprises a jamming resource. As such the claim appears to be is improperly formatted. Examiner suggests formatting claim 5 as follows:
The electronic apparatus of claim 1, further comprising: a frequency down converter that down-converts frequency of the first signal and transmits the first signal to the signal detector; and wherein the jamming resource receives the threat signal detected from the signal detector.
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.
Claim(s) 1, 3, 5, 8-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jocic, U. S. Patent Publication No. 7728755 published on 2010-06-01 (hereinafter Jocic).
As for independent claim 1, Jocic discloses an apparatus with a receiver that sequentially receives a first signal and a second signal:
(Jocic Col 2, Lines 60-64, Col 3, Lines 4-8, Col 4, Lines 42-53, discloses a system for jamming with a receiving module capable of receiving multiple signals simultaneously, “a system for jamming signals, the system comprising: at least one receiving/transmitting module; a control module for receiving data from the receiving/transmitting module and adapted to scan, from the data, an operational spectrum, and identify signals as potential threats based on the signals exceeding a threshold; and a plurality of channel processor modules instructed individually by the control module to transmit in parallel first response jam signals to temporarily neutralize the signals identified as potential threats, using the receiving/transmitting module”; “The system is a parallel processing jamming architecture which is designed to attack first and then concurrently investigate multiple signals simultaneously in the radio environment… determine whether the signal in its received bandwidth is unusual”)
a signal analyzer that analyzes the first signal and detects a threat signal in a first frequency band:
(Jocic Col 2, Lines 60-64, Col 11, Lines 1-4, Col 4 Lines 47-53 discloses a system for jamming with a control module that receives data from the receiver module and determines if there is a potential threat in the signal, “a system for jamming signals, the system comprising: at least one receiving/transmitting module; a control module for receiving data from the receiving/transmitting module and adapted to scan, from the data, an operational spectrum, and identify signals as potential threats based on the signals exceeding a threshold; and a plurality of channel processor modules instructed individually by the control module to transmit in parallel first response jam signals to temporarily neutralize the signals identified as potential threats, using the receiving/transmitting module”, “The baseband at the output of the down-converter 71 and after digitization by ADC 78 can be divided into very fine frequency bins by DSP 79 and then can examine which frequency bin (or bins) are being alarmed.”; “The system is organized such that the front-line or initial response is detected by a very fast-scanning primary receiver/processor, here forth called the Course Track and Lock Receiver (CTLR 26), which uses a composite threshold to determine whether the signal in its received bandwidth is unusual.”)
a controller that controls a jamming resource to generate a jamming signal corresponding to the threat signal in the first frequency band
(Jocic Col 13, Lines 11-19, discloses a processor controlling an oscillator to control a jamming signal (sometimes referred to as ‘noise’ in Jocic) corresponding to a specific frequency channel. “The oscillator must hop during the transmit on time during 132 to all four channel frequencies 131, 133, 134, 135 and at each channel frequency must produce the correct noise type and bandwidth for transmission. This could accomplished by the processor 124 programming the noise parameters through data bus 124 and then feeding the local oscillator 120 through switch 121 to up-convert the baseband noise generated by modules 123,126,127 through up-mixer 128 to yield the jam signal at 129”)
a transmitter that transmits the jamming signal
(Jocic Col 2, Lines 60-64 discloses a system for jamming with a transmitter module capable of transmitting the jamming signal, “a system for jamming signals, the system comprising: at least one receiving/transmitting module; a control module for receiving data from the receiving/transmitting module and adapted to scan, from the data, an operational spectrum, and identify signals as potential threats based on the signals exceeding a threshold; and a plurality of channel processor modules instructed individually by the control module to transmit in parallel first response jam signals to temporarily neutralize the signals identified as potential threats, using the receiving/transmitting module”)
a signal detector that identifies, after the jamming signal is transmitted, whether the threat signal is present in the first frequency band from the second signal while the signal analyzer identifying whether the threat signal is present in a second frequency band by analyzing the first signal or the second signal
(Jocic Col 5, Line 59 - Col 6, Line 34 discloses a signal detector (the “CPM” and “DSP in combination have the same function in Jocic), which, after the signal analyzer (the “CTLR” in Jocic), has found a threat in a first frequency band (called a “quantized step in frequency” in Jocic) and moved onto a second frequency band, continues to look for the threat signal in the first frequency band, “This is accomplished by CTLR 26 performing a fast super-heterodyne sweep of the spectrum present at the splitter output 14. The sweep is in fact a quantized step in frequency, or frequency hop, and the size of each frequency step determines the CTLR's 26 processing baseband bandwidth. … Once the CTLR 26 has chosen an available CPM 19 and handed off the target frequency and any additional information, the CTLR 26 will continue to sweep for more targets and leave the selected CPM 19 alone until the CTLR 26 retasks the CPM 19 for another target frequency … the CPM 19 initially transmits a first-response jam signal through its RF output … the selected CPM 19 continues to examine the targeted radio signal with much greater precision and detail using its Digital Signal Processor (DSP))
As for claim 3, the limitations of parent claim 1 have been discussed. Jocic discloses instructions for the jamming system if the threat signal is detected in the first frequency band by the signal analyzer, the controller determines that the jamming signal is invalid and changes allocation of the jamming resource:
(Jocic Col 6, Lines 31-37, 46-49 discloses a system for jamming that determines if the jamming signal is invalid (Jocic does this by analyzing the threat signal in great detail), while the jamming signal is transmitted, and changes the allocation of the jamming resource (referred to as refining the jamming algorithm in Jocic), “the selected CPM 19 continues to examine the targeted radio signal with much greater precision and detail using its Digital Signal Processor (DSP) 79. The CPM 19 will first refine the frequency discrimination and target the most suspect signal within the target band of frequencies communicated to it by the CTLR 26. Once accomplished, the CPM 19 can proceed by demodulating and formulating a more effective jam signal”, “Once formulation is accomplished, the first response jam signal is replaced by the newly synthesized jam signal at the input of the up-conversion stage 82 which is then remodulated to the target's same or offset frequency.”)
As for claim 5, the limitations of parent claim 1 have been discussed. Jocic discloses
a frequency down converter that down-converts frequency of the first signal and transmits the first signal to the signal detector:
(Jocic figure 3 shows a down converter between the receiver and the signal processor)
The jamming resource that receives the threat signal detected from the signal detector
(Jocic figure 3 shows a DSP between the down and up converter, which acts as the signal detector and produces the jamming resource, as previously discussed.)
And a frequency up converter that up-converts frequency of the jamming signal generated from the jamming resource:
(Jocic figure 3 shows an up converter between the signal processor and the signal transmitter)
As for claim 8, the limitations of parent claim 1 have been discussed. Jocic discloses the jamming resource including a noise generating apparatus:
(Jocic Col 3, Lines 26-29 discloses noise generation used in the jamming signal, “strike the target frequency with a general noise algorithm jam signal”)
As for independent claim 9, Jocic discloses an operating method of an electronic apparatus for jamming, the method comprising: receiving a first signal:
(Jocic Col 4, Lines 48-52, discloses receiving a signal “a very fast-scanning primary receiver/processor, here forth called the Course Track and Lock Receiver (CTLR 26), which uses a composite threshold to determine whether the signal in its received bandwidth is unusual”)
analyzing the first signal and detecting a threat signal in a first frequency band:
(Jocic Col 4, Lines 48-52, discloses analyzing the received signal to determine if it is a threat. “a very fast-scanning primary receiver/processor, here forth called the Course Track and Lock Receiver (CTLR 26), which uses a composite threshold to determine whether the signal in its received bandwidth is unusual”)
controlling a jamming resource to generate a jamming signal corresponding to the threat signal in the first frequency band:
(Jocic Col 13, Lines 11-19, discloses controlling an oscillator to control a jam signal (sometimes referred to as ‘noise’ in Jocic) corresponding to a specific frequency channel. “The oscillator must hop during the transmit on time during 132 to all four channel frequencies 131, 133, 134, 135 and at each channel frequency must produce the correct noise type and bandwidth for transmission. This could accomplished by the processor 124 programming the noise parameters through data bus 124 and then feeding the local oscillator 120 through switch 121 to up-convert the baseband noise generated by modules 123,126,127 through up-mixer 128 to yield the jam signal at 129”)
transmitting the jamming signal
(Jocic Col 6, Lines 17-18, discloses transmitting a jamming signal, “transmits a first-response jam signal through its RF output”)
while identifying whether the threat signal is present in a second frequency band by analyzing the first signal or a second signal that is received after the first signal, identifying whether the threat signal is present in the first frequency band from the second signal:
(Jocic Col 4, Lines 65-67, Col 5, line 59-col 6, line 34 discloses receiving multiple signals and searching for those signals in by analyzing multiple frequency bands “can immediately formulate a first response jam signal while concurrently listening to the target signal… the CTLR 26 immediately leaves the selected CPM 19 alone while it continues the rapid search for more suspect signals in its receive bandwidth” “This is accomplished by CTLR 26 performing a fast super-heterodyne sweep of the spectrum present at the splitter output 14. The sweep is in fact a quantized step in frequency, or frequency hop, and the size of each frequency step determines the CTLR's 26 processing baseband bandwidth. … Once the CTLR 26 has chosen an available CPM 19 and handed off the target frequency and any additional information, the CTLR 26 will continue to sweep for more targets and leave the selected CPM 19 alone until the CTLR 26 retasks the CPM 19 for another target frequency … the CPM 19 initially transmits a first-response jam signal through its RF output … the selected CPM 19 continues to examine the targeted radio signal with much greater precision and detail using its Digital Signal Processor (DSP))
As for claim independent 10, claim 10 reflects article of manufacture comprising computer executable instructions for implementing article of manufacture in claim 1 and is rejected along the same rationale.
(Jocic Col 14, Lines 38-45 discloses a software to use the system of jamming with the same limitations as discussed above, “it will be understood by those skilled in the art that the preferred embodiments are provided by a combination of hardware and software components, with some components being implemented by a given function or operation of a hardware or software system, and many of the data paths illustrated being implemented by data communication within a computer application or operating system. The structure illustrated is thus provided for efficiency of teaching the present preferred embodiment”)
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 2 is rejected under 35 U.S.C. 103 as being unpatentable over Jocic, U. S. Patent Publication No. 7728755 published on 2010-06-01 (hereinafter Jocic) in view of Gounalis, U. S. Patent Application Publication 7248203 published on 2007-07-24 (hereinafter Gounalis).
As for claim 2, the limitations of parent claim 1 have been discussed. Jocic discloses instructions for the jamming system wherein the controller determines whether the jamming signal is valid and stops generating the jamming signal by controlling the jamming resource:
(Jocic Col 11, Lines 26-34 discloses a mode for the jamming system to detect if the threat signal is detected while the jamming signal is transmitted and turning off the jamming signal if the threat is not detected, “In real-time the DSP 79 can perform analysis in conjunction with Mode 1 on signal intelligence content and use proprietary algorithms to determine whether the suspect signal is a threat or not. In the event the signal is not a threat, the DSP 79 can stop working on the target hit to conserve power”)
Jocic does not disclose “if the threat signal is not detected in the first frequency band by the signal analyzer for a predetermined period of time” but Gounalis discloses an apparatus comprising:
(Gounalis Col 17, Lines 26-30 discloses searching a frequency band (called a dwell in Gounalis) for a predetermined amount of time (called MDT in Gounalis which stands for minimum dwell time) and if no threat is detected, it moves on. “This signifies that the detection system executes the dwell every RVT, and "sits" there for a period of the MDT to observe one pulse. If nothing is detected, the system moves onto the next dwell in the sequence and "sits" for a period of MDT.”)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine Jocic with Gounalis in order to develop better jamming algorithms which conserves power by not jamming a signal not present.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Jocic, U. S. Patent Publication No. 7728755 published on 2010-06-01 (hereinafter Jocic) in view of Jo et al, U. S. Patent Application Publication 20220034997 published on 2022-2-03 (hereinafter Jo).
As for claim 4, the limitations of parent claim 1 have been discussed above. Jo discloses a jamming apparatus wherein the controller sets a threshold value for detecting the threat signal of the signal detector based on the threat signal, and wherein the signal detector outputs a video signal of a threat signal exceeding the threshold value from the first signal
(Jo et al paragraph [0028], [0042] discloses a device to measure the signal and output a video signal if a threshold is surpassed, “and the RF source signal output device 400 outputs a video signal 910 of the radar reception signal”, “If the video signal 910 output from the RF source signal output device 400 is input to the jamming transmission signal measurement device 900 and pulse signal strength of the video signal is greater than a threshold value”)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Jocic with Jo to allow for easy visualization of the threat signal and jamming signal by a user.
Claim 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Jocic, U. S. Patent Publication No. 7728755 published on 2010-06-01 (hereinafter Jocic) in view of Jaklitsch, U. S. Patent Application Publication 20230124074 published on 2023-04-20 (hereinafter Jaklitsch).
As for claim 6, the limitations of parent claim 5 have been discussed above. Jaklitsch discloses a digital radio frequency memory (DRFM) for generating a range gate pull-off/in (RGPO/I) signal based on the threat signal detected by the signal detector:
(Jaklitsch paragraphs [0007], [0053] discloses a DRFM to achieve range gate pull off/in effects in jamming, “Conventional digital radio frequency memory (DRFM) jammers were developed at least in part to address the complex problem of jamming radar waveforms… Also, range gate and/or velocity gate pull-off effects can be easily achieved. For example, an I-Q phasor that starts in the same range bin as the skin return, but with greater magnitude, can be slowly moved away in range and Doppler (range being the relative delay with respect to the skin return; Doppler being the pulse-to-pulse rotation of the I-Q phasor”)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Jocic with Jaklitsch to allow for range gate pull-off effects to allow for the ability to falsify location information of the jammer.
As for claim 7, the limitations of parent claim 5 have been discussed above. Jaklitsch discloses a doppler signal generating apparatus for generating a velocity gate pull-off/in (VGPO/I) signal based on the threat signal detected from the signal detector:
(Jaklitsch paragraphs [0007], [0053] discloses a doppler (in Jaklitsch the DRFM acts as the doppler generating apparatus) to achieve velocity gate pull off/in effects in jamming, “Conventional digital radio frequency memory (DRFM) jammers were developed at least in part to address the complex problem of jamming radar waveforms… Also, range gate and/or velocity gate pull-off effects can be easily achieved. For example, an I-Q phasor that starts in the same range bin as the skin return, but with greater magnitude, can be slowly moved away in range and Doppler (range being the relative delay with respect to the skin return; Doppler being the pulse-to-pulse rotation of the I-Q phasor”)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Jocic with Jaklitsch to allow for velocity gate pull-off effects to allow for the ability to falsify velocity information of the jammer.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN C LAWRENCE whose telephone number is (571)272-9833. The examiner can normally be reached Monday-Friday 7:30am-5pm.
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/JOHN CALEB LAWRENCE/Examiner, Art Unit 2646
/JEANETTE J PARKER/Supervisory Patent Examiner, Art Unit 2646