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 .
Status of Claims
The following is a non-final, first office action in response to the communication filed 04/03/2024. Claim 1 is currently pending and has been examined.
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged. Benefit is given to the priority document VN1-2023-02839 and the effective filing date of 04/27/2023.
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.
Claim 1 is 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.
Several issues render the claim indefinite:
Line 1 recites “target proximity”. There is insufficient antecedent basis for this limitation in the claim. Although a target may inherently have proximity (see MPEP 2173.05(e)), no target has been previously recited, rendering the term indefinite. For purposes of examination, “target proximity” will be read as “the proximity of a target”.
In lines 1-2, it is unclear from the word order whether it is the pulse signal accumulation system or the target that is in the supersonic and ultrasonic flying devices. For purposes of examination, the pulse signal accumulation system will be interpreted as being in the flying device, and the word order will be read in a way that makes this clearer: “A pulse signal accumulation system in supersonic and ultrasonic flying devices for determining the proximity of a target…”
In line 2, the meaning of an “ultrasonic flying device” is not understood. “Ultrasonic” ordinarily refers to acoustic signals at frequencies higher than human hearing. However, the specification does not appear to be directed to acoustic sensing, and it is not clear in what sense the flying device is “ultrasonic”. For purposes of examination, the word ultrasonic will not be given patentable weight, and appropriate clarification is requested.
Line 5 recites “a communication block”, and line 20 also recites “a communication block”. It is not clear whether these two recitations refer to the same or different communication blocks. For purposes of examination, they will be read as referring to the same communication block.
The term “narrow-width singles pulses” in line 10 is a relative term which renders the claim indefinite. The term “narrow-width” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Although the specification on page 4, paragraph 2 recites “an extremely short pulse transmitter”, this context does not define the limits of which pulses would be considered narrow-width or extremely short. For purposes of examination the term “narrow-width” will not be given patentable weight.
Lines 10-11 recite “a transmitting antenna”, and line 17 recites “a set of independent transmitting and receiving antennas”. It is not clear whether the set of antennas of line 17 comprises the antenna of lines 10-11. For purposes of examination, the set of antennas of line 17 will be read as comprising the antenna of lines 10-11. Appropriate clarification is requested.
Line 18 recites “the flying device”. There is insufficient antecedent basis for this limitation in the claim. Although “flying devices” are recited in the preamble in line 2, it is not clear to which, if any, of these flying devices line 18 refers.
Lines 22-23 recite “…an algorithm that ensures that the target has entered the influence zone”. Where applicant acts as his or her own lexicographer to specifically define a term of a claim contrary to its ordinary meaning, the written description must clearly redefine the claim term and set forth the uncommon definition so as to put one reasonably skilled in the art on notice that the applicant intended to so redefine that claim term. Process Control Corp. v. HydReclaim Corp., 190 F.3d 1350, 1357, 52 USPQ2d 1029, 1033 (Fed. Cir. 1999). The term “ensures” in line 22 is used by the claim to mean “verifies,” while the accepted meaning is “makes certain that (something) shall occur or be the case.” The term is indefinite because the specification does not clearly redefine the term.
Line 22 recites “the influence zone”. There is insufficient antecedent basis for this limitation in the claim, as an influence zone has not previously been recited or defined. For purposes of examination, the influence zone will be read as referring to the observed space of lines 18-19.
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 for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over Whorf et al. (US-20220349989-A1; hereinafter Whorf) in view of Factor et al. (US-20140209678-A1; hereinafter Factor), further in view of the Department of Defense’s interface standard MIL-STD-704F for Aircraft Electric Power Characteristics (referred to hereinafter as MIL-STD-704F).
Regarding claim 1, Whorf discloses [Note: what Whorf fails to disclose is strike-through]
A (see at least [0070]; “A direction finding (DF) processor 520 may function to combine each of the individual signals and communicate the combined signal to a vehicle controller 522.”) in supersonic flying devices (see at least [0079]; “The WBDF aperture 120 may be directly applicable to a small UAV flight slow and level at a constant altitude, or a munition flying ballistic at supersonic speeds, or anything in between, as well as many other options.”) for determining the proximity of a target (see at least [0052]; “Referring now to FIG. 3, a diagram of an element coordinate separation 300 exemplary of an embodiment of the inventive concepts disclosed herein is shown. Each individual element 122-128 may be slightly offset from another to reduce the direction of arrival ambiguity estimated from the relative phase of the received signal at each element. These precise signals may enable an overall capability of the WBDF aperture 120 to achieve high certainty of target location.”), comprising:
a digital processing block (see at least Fig. 5, direction finding processor 520) that receives demodulated signals after wave separation from a receiver (see at least [0070]; “In embodiments, the system 500 may include a down conversion, digitization and feature extraction 512-518 via a down converter individually coupled with each of the individual antenna elements 122-128.”), accumulates the demodulated signals, and generates (see at least [0070]; “A direction finding (DF) processor 520 may function to combine each of the individual signals and communicate the combined signal to a vehicle controller 522.”), and also receives control commands from the communication block and generates synchronized pulses to control the entire operation (see at least [0070]; “The vehicle controller 522 may operatively couple with each of the elements of the planar array and a vehicle function 524.” Fig. 5 shows that communication between the vehicle controller 522 and the planar array 122-128 passes through the DF processing 520.) of the receiver and a transmitter (see at least [0046]; “In some embodiments, the antenna element 122 may include an aperture 136 associated with the elongated dielectric feed to provide transmission and reception of radar energy.”);
a high-frequency transceiver block (see at least Fig. 5, digitization and feature extraction blocks 512-518) that comprises signal generation and reception circuits, envelope wave separation circuits (see at least [0046]; “In some embodiments, the antenna element 122 may include an aperture 136 associated with the elongated dielectric feed to provide transmission and reception of radar energy.” See also [0070]; “In embodiments, the system 500 may include a down conversion, digitization and feature extraction 512-518 via a down converter individually coupled with each of the individual antenna elements 122-128.”), (see at least [0046]; “The antenna element 122 may include a cover 134 and couple to the aerial vehicle 130 via a cable connection 132. In some embodiments, the antenna element 122 may include an aperture 136 associated with the elongated dielectric feed to provide transmission and reception of radar energy.”), while the received signal is wave-separated (see at least [0070]; “In embodiments, the system 500 may include a down conversion, digitization and feature extraction 512-518 via a down converter individually coupled with each of the individual antenna elements 122-128.”) (see at least [0052]; “These precise signals may enable an overall capability of the WBDF aperture 120 to achieve high certainty of target location.”) within a coverage area (see at least [0051]; “In one embodiment of the inventive concepts disclosed herein, the WBDF aperture 120 may be configured for a forward field-of-view with an azimuth potential 222 of within approximately +/−180 degrees of the forward y axis 162 and an elevation potential 220 of approximately +/−90 degrees of the down z axis 166.”);
an antenna block (see at least Fig. 1, antennas 122-138) that radiates high-frequency signals into space and receives them back (see at least [0046]; “The antenna element 122 may include a cover 134 and couple to the aerial vehicle 130 via a cable connection 132. In some embodiments, the antenna element 122 may include an aperture 136 associated with the elongated dielectric feed to provide transmission and reception of radar energy.”), comprising a set of independent transmitting and receiving antennas (see at least [0046]; “Each individual antenna element may be individually powered and configured to operatively couple with the aerial vehicle via a cable.”), with directional patterns and arrangements on the flying device to observe an entire forward space along a direction of movement (see at least [0051]; “In one embodiment of the inventive concepts disclosed herein, the WBDF aperture 120 may be configured for a forward field-of-view with an azimuth potential 222 of within approximately +/−180 degrees of the forward y axis 162 and an elevation potential 220 of approximately +/−90 degrees of the down z axis 166. In some embodiments, the elevation potential 220 may be substantially greater than the indicated 180 degrees depending on aerial vehicle structure, vehicle size, and available radar penetration of the vehicle structure.”); and
a communication block (see at least Fig. 5, vehicle controller 522) providing a transmission channel for control information from the flying device to the digital processing block (see at least [0070]; “A direction finding (DF) processor 520 may function to combine each of the individual signals and communicate the combined signal to a vehicle controller 522. The vehicle controller 522 may operatively couple with each of the elements of the planar array and a vehicle function 524.”)
However, Whorf does not explicitly teach:
Generating target proximity warning signals;
Comparison and alerting circuits;
Transmitting narrow width single pulses;
Comparing the received signal against an adaptive threshold;
A power supply block responsible for voltage transformation suitable for each of a signal circuit, ensuring isolation from other signals and complying with military and aviation standards; and
Receiving by the communication block pulse signal indications from the digital processing block when an algorithm ensures that the target has entered the influence zone.
Whorf discloses a sideband direction finding aperture that provides target tracking, and Factor is directed to a system and device for protecting aircrafts against incoming threats that also incorporates target tracking. Factor teaches:
A pulse signal accumulation system (see at least Fig. 1, aircraft protection system 100; see also [0161]; “In some embodiments, the pulse Doppler radar MWS may provide parameters related to the transmitter waveform, such as Tx frequency, waveform pulse-wave (PW), pulse repetition rate (PRR), pulse repetition frequency (PRF), pulse repetition interval (PRI) or inter-pulse period (IPP), modulation of the above, number of pulses per each integration cycle, coherent and non-coherent integration parameters, threshold levels, and/or other parameters that may be used for implementing low-band confirmation functionality inside or together with the MWS sensor.”) in flying devices (see at least [0007]; “The present invention may include, for example, systems, devices, and methods for protecting aircrafts against incoming threats.”) for determining proximity of a target (see at least [0009]; “The MACS-D-LB system may perform the following operations: verify that a threat exists (e.g., verify that the suspected threat is not a false alarm); measure or estimate the threat characteristics (e.g., distance of the threat from the aircraft, velocity of the incoming threat, or the like); track the threat (e.g., by two stages, first Low-Band and then Ka-Band RF tracking); point an integral (e.g., Laser) IR counter-measure accurately on the threat or towards the threat; counter the incoming threat by means of the IR counter-measure (e.g., Jamming).”), comprising:
a digital processing block (see at least Fig. 1, DSP module 107) that receives demodulated signals after wave separation from a receiver (see at least Fig. 3, demodulation occurs at 319 and the signal is sent to the FPGA 301. The FPGA sends signals to the DSP, see [0118]; “FPGA 301 may perform part of the signal processing algorithms for confirmation, as well as fine and precise tracking of the threat; and may provide digital outputs (for example, to DSP module 107 of FIG. 1).”), accumulates the demodulated signals (see at least [0161]; “coherent and non-coherent integration parameters”), and generates target proximity warning signals to a communication block (see at least Fig. 4A, block 401 “Threat initial detection by pulse doppler radar missile warning system” and block 402 “Provision of threat parameters and rough (sector) angular position to central computer”.), and also generates pulses to control the operation (see at least [0101]; “DSP module 107 may comprise a digital signal processor or other suitable processor or controller which may perform, for example, processing of the data generated from both low and high frequency bands of the Dual RF Frequency Band Unified RVS with DIRCM, pre-triggering of the countermeasure functionality of the unified RVS, calculation of threat fine angular position out of low frequency band data for activation of the high frequency band functionality, and/or calculation of threat precise angular position for activation of the DIRCM functionality and controlling the elevation motor 104 and azimuth motor 105.”) of the receiver and a transmitter (see at least [0108]; “FIG. 3 may demonstrate architecture of the Dual RF Frequency Band unified RVS with DIRCM that comprises an implementation of a high and low frequency transmitter and receiver with array beam forming, high frequency receiver and low frequency receiver that may utilize a dual axis sigma/delta architecture; other suitable architectures or components may be used.”);
a high-frequency transceiver block (see at least Fig. 1, RF Module 101) that comprises signal generation and reception circuits (see at least the circuit diagram of Fig. 3), envelope wave separation circuits (see at least [0114]; “Antenna high frequency interfaces 311 may further be used for receiving the high frequency RF Rx signals (e.g., from high and low frequency antennas 325) that may then pass through circulators or switches 310, may be amplified using Low Noise Amplifiers (LNAs) 313, may be filtered using BPFs 314, and may be down-converted to the IF2 frequency using mixers 315 and RF source 306.”), comparison and alerting circuits (see at least [0077]; “In some embodiments, the calculation of fine and precise angular position of the incoming threat using the tracking and confirmation functionality and both frequency bands of Dual RF Frequency Band unified RVS with DIRCM may be performed by methods such as, for example, dual axis sigma/delta calculation or mono-pulse tracking, amplitude comparison, phase comparison, and/or other suitable methods.” See also [0118]; “FPGA 301 may perform part of the signal processing algorithms for confirmation, as well as fine and precise tracking of the threat; and may provide digital outputs (for example, to DSP module 107 of FIG. 1).”), a high-frequency signal is transmitted as narrow-width single pulses through a transmitting antenna (see at least [0016]; “In some demonstrative embodiments of the present invention, the system comprises: a pulse Doppler radar Missile Warning System (MWS) comprising a waveform transmitter; wherein the dual-band RF track-and-confirm module is a passive receiving module that avoids transmitting of waveforms, and that receives a return of the waveform transmitted by said waveform transmitter of said pulse Doppler radar MWS.” See also Fig. 3, antennas 325), while the received signal is wave-separated (see again [0114]) and compared against an adaptive threshold (see at least [0161]; “In some embodiments, the pulse Doppler radar MWS may provide parameters related to the transmitter waveform, such as Tx frequency, waveform pulse-wave (PW), pulse repetition rate (PRR), pulse repetition frequency (PRF), pulse repetition interval (PRI) or inter-pulse period (IPP), modulation of the above, number of pulses per each integration cycle, coherent and non-coherent integration parameters, threshold levels, and/or other parameters that may be used for implementing low-band confirmation functionality inside or together with the MWS sensor.”) for target detection (see at least [0010; “In accordance with the present invention, by utilizing a specific antenna design on the MACS-D-LB system, as well as dedicated RF signal processing, the MACS-D-LB system may perform the following: an active Low-Band MWS performs detection (by using Low-Band signals); the active pulse Doppler MWS declares the threat, or provides pre-alarm of the threat; the active pulse Doppler MWS provides threat-related data (e.g., antenna, antenna sector, real-time radar parameters) to the central computer via an interface…’) within a coverage area (see at least [0151; “Each antenna covers a sector of approximately 60 to 90 degrees, in Azimuth and Elevation planes. For example, there may be 4 to 6 antennas used in the pulse Doppler radar MWS, and each antenna may be installed in (or mounted on) a different area or section of the aircraft. There may be a small overlap between the coverage of the multiple antennas, for example, in the Azimuth plane. The antennas may be installed over the Azimuth plane of the aircraft, and thus it may be possible to extract a better Azimuth angular location or direction of the threat (e.g., rather than an Elevation angular location or direction of the threat).”);
a power supply block (see at least Fig. 1, power supply 106);
an antenna block (see at least Fig. 1, low band and high band antennas 102) that radiates high-frequency signals into space and receives them back (see at least), comprising a set of independent transmitting and receiving antennas (see at least [0151]; “The signal may be transmitted by the pulse Doppler radar MWS, may be echoed back from the threat, and may be received by the same antenna and transmitted back to the LRU for signal processing.”); and
a communication block (see at least Fig. 1, interface 110, and [0100]; “Mechanical chassis 108 may comprise one or more external electrical connectors that may be used as connection to interface 110 with the A/C, pulse Doppler radar MWS and the central computer.”) providing a transmission channel for control information from the flying device to the digital processing block (see at least [012]]; “After extraction of threat parameters (block 402), the threat data and navigation data may be provided (block 403) to the Dual RF Frequency Band Unified RVS with DIRCM. The threat data may include the prioritized data by the optional central computer (block 405).”) and also receiving pulse signal indications from the digital processing block when an algorithm ensures that the target has entered the influence zone (see at least Fig. 4A, step 402: “Provision of threat parameters and rough (sector) angular position to central computer”).
Both Whorf and Factor are directed to using radar on an aircraft to find a precise angular location of a target. Whorf does not teach details for the underlying circuitry or transmitted signals. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the radar system used in Whorf to include the signal generation circuits, comparison and alerting circuits, the transmission of pulses, the comparison of received signals to a threshold and the use of a power supply block as taught by Factor. One of ordinary skill would be motivated to include these elements as they represent known techniques in the radar art, to which one of ordinary skill would turn to fill in the details on which Whorf is silent. Use of Factor’s techniques would have a reasonable expectation of success due to both Whorf and Factor using radar on and airborne vehicle with the purpose of finding a precise angular location of a target. Furthermore, incorporating into Whorf the teachings of Factor on generating target proximity warning signals and sending indications when the target is detected into the would have been obvious to one of ordinary skill in order to communicate the results of radar detection. Doing so also gives the possibility of receiving feedback and prioritization, as taught by Factor (see Factor at least Fig. 4A, blocks 402 and 405).
However, neither Whorf nor Factor explicitly teach a power supply block responsible for voltage transformation suitable for each of a signal circuit, ensuring isolation from other signals and complying with military and aviation standards.
MIL-STD-704F teaches a power supply block responsible for voltage transformation suitable for each of a signal circuit, ensuring isolation from other signals and complying with military and aviation standards (see at least page 9, section 5.4.5; “Equipment having multiple input terminals for connection to more than one power source shall isolate the inputs from each other so that one power source cannot supply power to another. AC inputs shall not be paralleled. DC inputs shall be protected with blocking diodes if they are paralleled.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the Department of Defense’s interface standard in the electrical systems of Whorf because the invention of Whorf is directed towards military applications such as missiles and unmanned aircraft systems (see Whorf at least [0003]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US-3792471-A discloses a radar tracking system for use on supersonic airplanes or missiles.
US-20210404783-A1 discloses a radar warning system on supersonic aircraft.
US-20120002049-A1 discloses a radar transmitter and receiver mounted in a supersonic missile.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Ashley B. Raynal whose telephone number is (703)756-4546. The examiner can normally be reached Monday - Friday, 8 AM - 4 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Vladimir Magloire can be reached at (571) 270-5144. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ASHLEY BROWN RAYNAL/Examiner, Art Unit 3648
/VLADIMIR MAGLOIRE/Supervisory Patent Examiner, Art Unit 3648