DETAILED ACTION
Response to Amendment
This action is in response to applicant’s submission filed on July 2, 2026.
No claims are amended.
Claims 1-14 are pending this application.
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 1-3 and 5-14 are rejected under 35 U.S.C. 103 as being unpatentable over Patole et al (US 2016/0054438 A1) in view of Hollander et al (US 2005/0117624 A1).
Regarding Claim 1, Patole teaches a vibration estimation system for estimating vibration of at least one target, comprising [0018 for a vibration monitoring and analysis tool]:
a transceiver configured to generate, transmit, and receive electromagnetic signals [0024 for transceiver element 302];
a radiating antenna coupled to the transceiver and arranged and configured to radiate an electromagnetic transmit signal from the transceiver in a transmission direction [0024 for transceiver with FMCW chirp]
with a radiation pattern comprising a main lobe having a distance-dependent extension in a plane perpendicular to the transmission direction [0024 for a transceiver (antenna pattern) getting a reflected FMCW chirp with means to mix and filter (process) the signal],
and to return to the transceiver an electromagnetic reflection signal resulting from reflection of the transmit signal at the at least one target [0020 for reflecting FMCW chirp from target object],
when the at least one target is located within the distance-dependent extension of the main lobe of the transmit signal [0020 for a radar system sending signal in waves that transmitted and reflected off of the target object];
processing circuitry coupled to the transceiver and configured to estimate the vibration of the target based on a difference between the transmit signal and the reflection signal [0028 for using a DSP to quantify the vibration parameters].
Patole fails to explicitly teach and an aiming arrangement arranged and configured to provide a visible aiming pattern visually indicating the distance-dependent extension of the main lobe of the transmit signal.
Hollander has a hand-held infrared thermometer or radiometer (abstract) and teaches and an aiming arrangement arranged and configured to provide a visible aiming pattern visually indicating the distance-dependent extension of the main lobe of the transmit signal [0038 for using laser sighting device to indicate the energy zone (using outline to measure distance)].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the vibration estimation techniques, as disclosed by Patole, further including the laser calculations as taught by Hollander for the purpose to indicates the outline of the energy zone (Hollander, 0038).
Regarding Claim 10, Patole teaches a method of estimating vibration of a target, using a vibration estimation system comprising [0018 for a vibration monitoring and analysis tool]
a transceiver, a radiating antenna coupled to the transceiver [0024 for transceiver element 302];
processing circuitry coupled to the transceiver [0028 for using a DSP to quantify the vibration parameters];
and an aiming arrangement, the method comprising: generating, by the transceiver, an electromagnetic transmit signal [0024 for transceiver element 302];
radiating, by the radiating antenna, the transmit signal in a transmission direction with a radiation pattern comprising a main lobe having a distance-dependent extension in a plane perpendicular to the transmission direction [0024 for a transceiver (antenna pattern) getting a reflected FMCW chirp with means to mix and filter (process) the signal];
returning, by the radiating antenna to the transceiver, an electromagnetic reflection signal resulting from reflection of the transmit signal at the at least one target, when the at least one target is located within the distance-dependent extension of the main lobe of the transmit signal [0020 for reflecting FMCW chirp from target object];
estimating, by the processing circuitry, the vibration of the target based on a difference between the transmit signal and the reflection signal 0017 and 0028 for using a DSP].
Patole fails to explicitly teach and providing, by the aiming arrangement, a visible aiming pattern visually indicating the distance-dependent extension of the main lobe of the transmit signal.
Hollander has a hand-held infrared thermometer or radiometer (abstract) and teaches and an aiming arrangement arranged and configured to provide a visible aiming pattern visually indicating the distance-dependent extension of the main lobe of the transmit signal [0038 for using laser sighting device to indicate the energy zone (using outline to measure distance)].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the vibration estimation techniques, as disclosed by Patole, further including the laser calculations as taught by Hollander for the purpose to indicates the outline of the energy zone (Hollander, 0038).
Regarding Claim 2, Patole fails to explicitly teach the aiming arrangement is mechanically coupled to the radiating antenna, in such a way that movement of the radiating antenna results in corresponding movement of the aiming arrangement.
Hollander has a hand-held infrared thermometer or radiometer (abstract) and teaches the aiming arrangement is mechanically coupled to the radiating antenna, in such a way that movement of the radiating antenna results in corresponding movement of the aiming arrangement [0048 for having a laser sighting device with an upper shell and integrated into the same housing (moving together)].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the vibration estimation techniques, as disclosed by Patole, further including the laser calculations as taught by Hollander for the purpose to indicates the outline of the energy zone (Hollander, 0038).
Regarding Claim 3, Patole fails to explicitly teach the aiming arrangement comprises a laser.
Hollander has a hand-held infrared thermometer or radiometer (abstract) and teaches the aiming arrangement comprises a laser [0038 for using laser sighting device to indicate the energy zone (using outline to measure distance)].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the vibration estimation techniques, as disclosed by Patole, further including the laser calculations as taught by Hollander for the purpose to indicates the outline of the energy zone (Hollander, 0038).
Regarding Claim 5, Patole fails to explicitly teach the aiming arrangement comprises an actuator moving the laser to form the aiming pattern.
Hollander has a hand-held infrared thermometer or radiometer (abstract) and teaches the aiming arrangement comprises an actuator moving the laser to form the aiming pattern [0046 for using a scanning laser].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the vibration estimation techniques, as disclosed by Patole, further including the laser calculations as taught by Hollander for the purpose to measure the distance (Hollander, 0046).
Regarding Claim 6, Patole fails to explicitly teach the aiming pattern comprises a plurality of concentric geometric forms substantially coinciding with the distance-dependent extension of the main lobe of the transmit signal.
Hollander has a hand-held infrared thermometer or radiometer (abstract) and teaches the aiming pattern comprises a plurality of concentric geometric forms substantially coinciding with the distance-dependent extension of the main lobe of the transmit signal [0046 for using a scanning laser].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the vibration estimation techniques, as disclosed by Patole, further including the laser calculations as taught by Hollander for the purpose to measure the distance (Hollander, 0046).
Regarding Claim 7 and 12, Patole teaches the transmit signal exhibiting a time-varying frequency [0021 for FMCW chirp with linear sweeps];
the transceiver being configured to form a measurement signal indicative of the difference between the transmit signal and the reflection signal [0024-0025 for reflecting a FMCW chirp];
and the processing circuitry being configured to estimate the vibration of the target based on the measurement signal [0028 for using a DSP].
Regarding Claim 8 and 13, Patole teaches the transceiver being configured to mix the transmit signal and the reflection signal to form the measurement signal [0025 for complex conjugate mixing];
and the processing circuitry being configured to: sample the measurement signal, resulting in a sampled data set [0027];
perform FFT on the sampled data set, resulting in an FFT data set [0030 for performing FFT on a range bin];
and estimate the vibration of the target based on the FFT data set [0036 for calculating vibration using FFT].
Regarding Claim 9 and 14, Patole teaches the measurement signal being indicative of a phase difference between the transmit signal and the reflection signal [0031 for calculating phase for vibration target object and varying phase φl also using formula for f].
Regarding Claim 11, Patole fails to explicitly teach the aiming arrangement comprises a laser; and the method comprises moving the laser to form the aiming pattern.
Hollander has a hand-held infrared thermometer or radiometer (abstract) and teaches the aiming arrangement comprises a laser [0046 for laser light circle];
and the method comprises moving the laser to form the aiming pattern [0046 for using a scanning laser].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the vibration estimation techniques, as disclosed by Patole, further including the laser calculations as taught by Hollander for the purpose to measure the distance (Hollander, 0046).
Claims 4 are rejected under 35 U.S.C. 103 as being unpatentable over Patole et al (US 2016/0054438 A1) in view of Hollander et al (US 2005/0117624 A1) as applied to claim 1 above, and further in view of Vossiek et al (US 2021/0405183 A1).
Regarding Claim 4, Patole fails to explicitly teach the aiming arrangement comprises a holographic pattern generator arranged modify light emitted by the laser to form the aiming pattern.
Vossiek has a radar system for capturing surroundings of a moving object (abstract) and teaches the aiming arrangement comprises a holographic pattern generator arranged modify light emitted by the laser to form the aiming pattern [0033, and 0168 for using holography for calibrating antenna arrays to a target].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the vibration estimation techniques, as disclosed by Patole, further including the holographic calculations as taught by Vossiek for the purpose to perform a calibration using the holography method (Vossiek, 0033).
Response to Arguments
Applicant's arguments fail to comply with 37 CFR 1.111(b) because they amount to a
general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references.
In applicant’s arguments page 7, first paragraph of applicant’s arguments, the applicant states that Hollander does not teach a visible aiming pattern. The examiner respectfully disagrees: Hollander teaches that the laser sighting ring 11 is sized and positioned to approximated indicate the outline of the energy zone, the ring tracks the distance dependent extension as the visible aiming pattern of claim 1 [Hollander, 0038 and 0048].
In applicant’s arguments page 7, second paragraph of applicant’s arguments, the applicant states that Hollander does not teach a transmit signal. The examiner respectfully disagrees: Hollander has a distance measuring device with a ultrasonic transmitter/receiver and receives the reflected wave from the target generating a returning reflected signal [Hollander, 0023 and 0040].
In applicant’s arguments page 7, third paragraph of applicant’s arguments, the applicant states that combination of Patole and Hollander does not teach the claim features. The examiner respectfully disagrees: Patole teaches a transceiver, antenna, and circuitry to estimate target vibration based on phase and frequency differences [Patole, 0031]. Hollander supplements the remote sensing device with a laser sighting device to project a visible indication with the location of the field of view on a target surface [Hollander, 0004]. Adding Hollander’s visible aiming to Patole’s radar vibrations system is a well-known problem identified in Hollander [Hollander, 0006] and the current application where the main lobe (field of view) covers the intended target [Specification, page 2, lines 10-20].
The examiner acknowledges that this is a broader interpretation than Applicant’s.
However, examiners are not only allowed to apply broad interpretations, but are required to do so, as it reduces the possibility that the claims, once issued, will be interpreted more broadly than is justified. MPEP §2111. Patentability is determined by the “broadest reasonable interpretation
consistent with the specification” (MPEP §2111), not the narrowest reasonable interpretation. And Applicant does not have an explicit lexicographical statement in line with MPEP §2111.01
subsection IV requiring a specific interpretation of the relevant phrases which forces the examiner to interpret them only one way.
The express, implicit, and inherent disclosures of a prior art reference may be relied upon in the rejection of claims under 35 U.S.C. 102 or 103. "The inherent teaching of a prior art reference, a question of fact, arises both in the context of anticipation and obviousness." In re Napier, 55 F.3d 610, 613, 34 USPQ2d 1782, 1784 (Fed. Cir. 1995).
For applicant’s benefit, portions of the cited reference(s) have been cited to aid in the review of the rejection(s). While every attempt has been made to be thorough and consistent within the rejection it is noted that the PRIOR ART MUST BE CONSIDERED IN ITS ENTIRETY, including disclosures that teach away from the claims. See MPEP 2141.02 VI.
“The use of patents as references is not limited to what the patentees describe as their own inventions or to the problems with which they are concerned. They are part of the literature of the art, relevant for all they contain.” In re Heck, 699 F.2d 1331, 1332-33, 216 USPQ 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006, 1009, 158 USPQ 275, 277 (CCPA 1968)). A reference may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art, including non-preferred embodiments. Merck & Co. v.Biocraft Laboratories, 874 F.2d 804, 10 USPQ2d 1843 (Fed. Cir.), cert. denied, 493 U.S. 975 (1989). See also Upsher-Smith Labs. v. Pamlab, LLC, 412 F.3d 1319, 1323, 75 USPQ2d 1213, 1215 (Fed. Cir. 2005) See MPEP 2123.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMARINA MAKHDOOM whose telephone number is (703)756-1044. The examiner can normally be reached Monday – Thursdays from 8:30 to 5:30 pm eastern time.
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/SAMARINA MAKHDOOM/
Examiner, Art Unit 3648
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