DETAILED ACTION
Response to Amendment
The amendment filed July 22, 2026 has been entered.
Claims 1, 8, 14-15, and 18 are amended.
Claims 1-18 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 1-10, and 12-18 are rejected under 35 U.S.C 103 as being unpatentable over Mueller et al (US 2017/0241825 A1) in view in view of Lang et al (US 2020/0174098 A1).
Regarding Claim 1, Mueller teaches a radar apparatus, comprising [0040 for radar frequency range 75 GHz];
a transceiver circuit comprising a frequency synthesizer [0041 for fractional N module element 104 with loop filter element 106 and VCO element 107 also figure 1a element 13 for transmitting and receiving (transceiver) in one element];
and a control circuit configured to set different operational modes of the transceiver circuit [0041 for processor element 102],
wherein the transceiver circuit is controlled in a detection mode [0041],
emit a sequence of subsequent frequency modulated continuous wave (FMCW) radar chirps in a transmit frequency band between a minimum frequency and a maximum frequency [0008 for using fmin and fmax, and 0043 for generating FMCW];
and in another operational mode different from the detection mode [0012-0013 for warm up time (mode) with ramp frequency].
Mueller fails to explicitly teach calibrate the transceiver circuit by adjusting the frequency synthesizer to a frequency outside the transmit frequency band to perform one or more other operations of the transceiver circuit.
Lang has a method comprising generating a frequency-modulated RF oscillator signal and feeding the RF oscillator signal to a first transmitting channel (abstract) and teaches calibrate the transceiver circuit by adjusting the frequency synthesizer to a frequency outside the transmit frequency band to perform one or more other operations of the transceiver circuit [0037-0038 for phase calibration of Tx signals and shifting the LO output signal].
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 monitoring techniques, as disclosed by Mueller, further including the calibration calculations as taught by Lang for the purpose to bring a phase shift to the signal (Lang, 0039).
Regarding Claim 2, Mueller teaches the control circuit is configured to [0041];
adjust the frequency synthesizer to a first frequency inside the transmit frequency band during the detection mode [0011, with 0045 for fundamental frequency interval];
and adjust the frequency synthesizer to a second frequency outside the transmit frequency band during the other operational mode [0051-0052 for multiple frequency intervals with warm up, settling times with frequency ramps].
Regarding Claim 3, Mueller teaches the control circuit is configured to [0040];
set the detection mode during a transmit time interval [0052 for using transmission frequency intervals];
and set the other operational mode during another time interval outside the transmit time interval [0052].
Regarding Claim 4, Mueller teaches the control circuit is configured to adjust, in the other operational mode, the frequency synthesizer to a frequency which equal to or smaller than 99.99% of the minimum frequency of the transmit frequency band, or equal to or larger than 100.01 % of the maximum frequency of the transmit frequency band [0022 for using values greater than 5% or 10%].
Regarding Claim 5, Mueller teaches the control circuit is configured to vary, in the other operational mode, a frequency of the frequency synthesizer outside the transmit frequency band [0051 for a pulsing (vary) PLL also figure 4A element 222 for having ranges outside of fundamental interval].
Regarding Claim 6, Mueller teaches the control circuit is configured to vary the frequency of the frequency synthesizer
Regarding Claim 7, Mueller teaches a variation bandwidth of the frequency of the frequency synthesizer is smaller than the transmit frequency band [0022-0024 for frequency difference of 10-200 MHz].
Regarding Claim 8, Mueller teaches the other operational mode is a calibration mode or a monitoring mode of the transceiver circuit prior or subsequent to the detection mode [0012-0013].
Mueller fails to explicitly teach and wherein the control circuit is configured to calibrate the transceiver circuit by adjusting frequency synthesizer mode.
Lang has a method comprising generating a frequency-modulated RF oscillator signal and feeding the RF oscillator signal to a first transmitting channel (abstract) and teaches and wherein the control circuit is configured to calibrate the transceiver circuit by adjusting frequency synthesizer mode [0037-0038 for phase calibration of Tx signals and shifting the LO output signal].
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 monitoring techniques, as disclosed by Mueller, further including the calibration calculations as taught by Lang for the purpose to bring a phase shift to the signal (Lang, 0039).
Regarding Claim 9, Mueller fails to explicitly teach the calibration mode or the monitoring mode comprises a transmitter calibration mode and/or a receiver calibration mode of the transceiver circuit.
Lang has a method comprising generating a frequency-modulated RF oscillator signal and feeding the RF oscillator signal to a first transmitting channel and a second transmitting channel (abstract) and teaches the calibration mode or the monitoring mode comprises a transmitter calibration mode and/or a receiver calibration mode of the transceiver circuit [0038-0039 for using phase calibration by a computing unit].
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 monitoring techniques, as disclosed by Mueller, further including the calibration calculations as taught by Lang for the purpose to bring a phase shift to the signal (Lang, 0039).
Regarding Claim 10, Mueller fails to explicitly teach the transmitter calibration mode is a power calibration mode or a phase calibration mode of the transceiver circuit.
Lang has a method comprising generating a frequency-modulated RF oscillator signal and feeding the RF oscillator signal to a first transmitting channel and a second transmitting channel (abstract) and teaches the transmitter calibration mode is a power calibration mode or a phase calibration mode of the transceiver circuit [0038-0039 for using phase calibration by a computing unit].
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 monitoring techniques, as disclosed by Mueller, further including the calibration calculations as taught by Lang for the purpose to bring a phase shift to the signal (Lang, 0039).
Regarding Claim 12, Mueller teaches the control circuit is further configured to vary a target frequency of the frequency synthesizer outside the transmit frequency band during a settling time interval of a phase locked loop (PLL) between the end of a first chirp and the start of a subsequent second chirp [0022-0023 for frequency difference with 0052 for settling time between successive (first and second) ramps (chirps)].
Regarding Claim 13, Mueller teaches the control circuit is configured to adjust, in the other operational mode, the frequency synthesizer to a frequency in a frequency spectrum between spurious intermodulation products and the transmit frequency band [0022 for adjusting frequency for between minimum and maximum for different ranges].
Regarding Claim 14, Mueller teaches radar method, comprising [0040 for radar frequency range 75 GHz]:
controlling a transceiver circuit [0041 for fractional N module element 104 with loop filter element 106 and VCO element 107 also figure 1a element 13 for transmitting and receiving (transceiver) in one element]:
wherein controlling the transceiver circuit includes [0041 for processor element 102]:
emitting, in a detection mode, a sequence of subsequent frequency modulated continuous wave (FMCW) radar chirps in a transmit frequency band between a minimum frequency and a maximum frequency [0008 for using fmin and fmax, and 0043 for generating FMCW];
a frequency synthesizer to a frequency outside the transmit frequency band to perform one or more other operations of the transceiver circuit [0051 for max and mix frequencies with steps].
Mueller fails to explicitly teach and calibrating the transceiver circuit by adjusting, in another operational mode different from the detection mode.
Lang has a method comprising generating a frequency-modulated RF oscillator signal and feeding the RF oscillator signal to a first transmitting channel (abstract) and teaches and calibrating the transceiver circuit by adjusting, in another operational mode different from the detection mode [0037-0038 for phase calibration of Tx signals and shifting the LO output signal].
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 monitoring techniques, as disclosed by Mueller, further including the calibration calculations as taught by Lang for the purpose to bring a phase shift to the signal (Lang, 0039).
Regarding Claim 15, Mueller teaches radar apparatus [0040 for radar frequency range 75 GHz],
comprising a transceiver circuit comprising a frequency synthesizer [0041 for fractional N module element 104 with loop filter element 106 and VCO element 107 also figure 1a element 13 for transmitting and receiving (transceiver) in one element];
and a control circuit configured to cause the transceiver circuit to [0041 for processor element 102]
emit a sequence of subsequent FMCW radar chirps in a transmit frequency band between a minimum frequency and a maximum frequency [0008 for using fmin and fmax, and 0043 for generating FMCW],
wherein the control circuit is configured to vary a target frequency of the frequency synthesizer outside the transmit frequency band during a settling time interval of a phase locked loo, (PLL) between the end of a first chirp and the start of a subsequent second chirp [0051 for step wise radar system with figure 4A element 222 for a linear ramp].
Mueller fails to explicitly teach wherein the control circuit is configured to perform a frequency calibration sequence.
Lang has a method comprising generating a frequency-modulated RF oscillator signal and feeding the RF oscillator signal to a first transmitting channel (abstract) and teaches wherein the control circuit is configured to perform a frequency calibration sequence [0037-0038 for phase calibration of Tx signals and shifting the LO output signal].
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 monitoring techniques, as disclosed by Mueller, further including the calibration calculations as taught by Lang for the purpose to bring a phase shift to the signal (Lang, 0039).
Regarding Claim 16, Mueller teaches the second chirp is directly subsequent to the first chirp [0016 and figure 4a].
Regarding Claim 17, Mueller teaches the control circuit is configured to vary the target frequency within a variation bandwidth, wherein the variation bandwidth is smaller than the transmit frequency band [0022, and 0024].
Regarding Claim 18, Mueller teaches radar method, comprising [0040 for radar frequency range 75 GHz]:
controlling a transceiver circuit with a frequency synthesizer [0041 for fractional N module element 104 with loop filter element 106 and VCO element 107 also figure 1a element 13 for transmitting and receiving (transceiver) in one element],
wherein controlling the transceiver circuit with the frequency synthesizer includes [0041 for processor element 102]:
emitting a sequence of subsequent frequency modulated continuous wave (FMCW) radar chirps in a transmit frequency band min and fmax, and 0043 for generating FMCW],
and varying a target frequency of the frequency synthesizer outside the transmit frequency band during a settling time interval of a phase locked loop (PLL) between an end of a first chirp and a start of a subsequent second chirp [0051 for step wise radar system with figure 4A element 222 for a linear ramp].
Mueller fails to explicitly teach performing a frequency calibration sequence.
Lang has a method comprising generating a frequency-modulated RF oscillator signal and feeding the RF oscillator signal to a first transmitting channel (abstract) and teaches performing a frequency calibration sequence [0037-0038 for phase calibration of Tx signals and shifting the LO output signal].
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 monitoring techniques, as disclosed by Mueller, further including the calibration calculations as taught by Lang for the purpose to bring a phase shift to the signal (Lang, 0039).
Claim 11 is rejected under 35 U.S.C 103 as being unpatentable over Mueller et al (US 2017/0241825 A1) in view in view of Lang et al (US 2020/0174098 A1) as applied to claim 1 above, and further in view of Schrattennecker et al (US 2022/0229155 A1).
Regarding Claim 11, Mueller teaches the control circuit is configured adjust the frequency synthesizer a first frequency outside the transmit frequency band during the power calibration mode [0051-0052].
Mueller fails to explicitly teach and adjust the frequency synthesizer to a second frequency outside the transmit frequency band during the phase calibration mode.
Schrattennecker has a control circuitry may calibrate the radar circuitry using a multi-tone calibration signa (abstract) and teaches and adjust the frequency synthesizer to a second frequency outside the transmit frequency band during the phase calibration mode [0006 for having a power droop and phase shift (separate calibration operations at different frequencies)]
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 monitoring techniques, as disclosed by Mueller, further including the power calculations as taught by Schrattenecker for the purpose to ensure that accurate range, position, and/or velocity estimates (Schrattenecker, 0006).
Response to Arguments
Applicant’s arguments with respect to claims 1-18 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
In applicant’s arguments page 8, last paragraph of applicant’s arguments, the applicant states that Mueller fails to teach adjusting the frequency synthesize to a frequency outside the transmit band. The examiner thanks the applicant for the amendments. New reference Lang teaches calculations for phase calibration and sLO′(t)=cos(2π(fLO−fMOD)t) holds true for the output signal [Lang, 0038-0039] therefore calibration frequency is by construction offset outside the instantaneous transmit frequency.
In applicant’s arguments page 9, last paragraph of applicant’s arguments, the applicant states that Mueller fails to teach frequency calibration by varying target frequency. The examiner thanks the applicant for the amendments. New reference Lang teaches sinusoidal signal having a frequency fMOD that is e.g. between 0.1 and 2 MHz [Lang, 0038] by varying target frequency of the synthesizer during a settling time interval between first chirp and start of second chirp.
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
Prosecution Insights