DETAILED ACTION
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 .
Response to Amendment
Receipt is acknowledged of the Preliminary Amendment filed on June 24, 2024. Accordingly, claims 1-8 and newly added claims 9-20 are currently pending in the application.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on June 24, 2024 is being considered by the examiner.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of copending Application No. 18/722,588 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the reference application claims all that is claimed.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
It is noted that:
The term “gradation of light” as recited in the claims is given its broadest reasonable interpretation, which is common and consistent with the interpretation that those skilled in the art would reach, as “light reception level”.
The term “a camera” as recited in the appealed claims at issue was given its broadest reasonable interpretation, which is common and consistent with the interpretation that those skilled in the art would reach, as “light receiving element”.
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.
Claims 1-5 and 7-16 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Blanche (US 2020/0158855 A1).
Blanche teaches a method for measuring a property possessed by an object comprising:
PNG
media_image1.png
524
930
media_image1.png
Greyscale
PNG
media_image2.png
654
964
media_image2.png
Greyscale
With regard to claim 1, a propagation environment estimation method for estimating a propagation environment of a radio wave (electromagnetic (EM) waves in a radiofrequency (RF) range) using a scale model (FIG. 2A, target 210), the propagation environment estimation method comprising: creating a scale model (FIG. 2A, target 210); installing, in the scale model (FIG. 2A, target 210), a light source (FIG. 2A, laser source 220) regarded as a transmission station of a radio wave (electromagnetic (EM) waves in a radiofrequency (RF) range); irradiating (FIG. 2A, light beam 240) a measurement range in the scale model (FIG. 2A, target 210) by the light source (FIG. 2A, laser source 220); capturing (FIG. 11, camera 1120) the measurement range irradiated by the light source (FIG. 2A, laser source 220); and calibrating (using scaled-reduction factor N) gradation of light (FIG. 2A, 2D image 260 of the target 210) obtained by the capture for converting (using scale reduction factor N) it into a reception level (signal intensity) of the radio wave (electromagnetic (EM) waves in a radiofrequency (RF) range) (For more details, please read: Abstract; paragraphs: [0006]-[0008], [0026]-[0037], [0042]-[0045], [0063]-[0068], [0077]-[0080]; and claim 1).
With regard to claim 2, setting a scale of the scale model (FIG. 2A, target 210) prior to the creation of the scale model (FIG. 2A, target 210), the setting of the scale including: acquiring information regarding an installation space of the transmission station in a target area (FIG. 2A, specific scatterers or portions of the target 210); acquiring dimensions of the light source (FIG. 2A, laser source 220); and setting the scale such that the light source (FIG. 2A, laser source 220) is accommodated in a corresponding portion of the installation space in the scale model (FIG. 2A, target 210) (For more details, please read: Paragraphs: [0006]-[0008] and [0077]-[0080]).
With regard to claims 3 and 9, setting a scale of the scale model (FIG. 2A, target 210) prior to the creation of the scale model (FIG. 2A, target 210), the setting of the scale including: acquiring information of a range in which a propagation environment of the radio wave (electromagnetic (EM) waves in a radiofrequency (RF) range) is to be measured in a target area (FIG. 2A, specific scatterers or portions of the target 210) (FIG. 10D, and paragraph: [0077]); recognizing a portion of the scale model (FIG. 2A, target 210) corresponding to said range as the measurement range (Paragraphs: [0027], [0031] and [0035]); acquiring information of an irradiation range by the light source (FIG. 2A, laser source 220) (FIGS. 10A-C, and paragraph: [0078]); and setting the scale such that the measurement range falls within the irradiation range (FIG. 10D, and paragraphs: [0077]-[0080]).
With regard to claims 4, 10, 11 and 12, applying reflection treatment to at least a part of the scale model (FIG. 2A, target 210) (“the surface of the model was coated with gold”) such that a light reflectance in the scale model (FIG. 2A, target 210) matches a radio wave reflectance in a target area (FIG. 2A, specific scatterers or portions of the target 210) (FIG. 5, and paragraph: [0052]).
With regard to claims 5 and 13-16, setting a wavelength of light emitted from the light source (FIG. 2A, laser source 220) on a basis of a frequency of the radio wave (electromagnetic (EM) waves in a radiofrequency (RF) range) assumed to be used in a target area (FIG. 2A, specific scatterers or portions of the target 210) such that a behavior of light in the scale model (FIG. 2A, target 210) matches a behavior of the radio wave (electromagnetic (EM) waves in a radiofrequency (RF) range) in the target area (FIG. 2A, specific scatterers or portions of the target 210) (Paragraphs: [0006]-[0008], [0033]; and claims 1 and 13).
With regard to claim 7, a propagation environment estimation system (FIG. 2A, system 200) that estimates a propagation environment of a radio wave (electromagnetic (EM) waves in a radiofrequency (RF) range) using a scale model (FIG. 2A, target 210), the propagation environment estimation system comprising: a 3D printer (Photonic Professional GT 3D printer or Nanoscribe 3D printer) that creates a scale model (FIG. 2A, target 210); an element mounter (FIG. 10D, nanoantenna element 1050) that installs, in the scale model (FIG. 2A, target 210), a light source (FIG. 2A, laser source 220) regarded as a transmission station of a radio wave (electromagnetic (EM) waves in a radiofrequency (RF) range); a controller (electronic circuitry, such as a computer processor, not shown but disclosed in paragraphs: [0043] and [0083]) that causes the light source (FIG. 2A, laser source 220) to irradiate a measurement range in the scale model (FIG. 2A, target 210); and a camera (FIG. 11, camera 1120) that captures the measurement range irradiated by the light source (FIG. 2A, laser source 220), wherein the controller (electronic circuitry, such as a computer processor, not shown but disclosed in paragraphs: [0043] and [0083]) is configured to execute calibration processing of converting (using scale reduction factor N) gradation of light (FIG. 2A, 2D image 260 of the target 210) obtained by the capture into a reception level (signal intensity) of the radio wave (electromagnetic (EM) waves in a radiofrequency (RF) range) (Paragraphs: [0006], [0007] and [0026]-[0037]) (For more details, please read: Abstract; paragraphs: [0006]-[0008], [0026]-[0037], [0042]-[0045], [0063]-[0068], [0077]-[0080]; and claim 1).
With regard to claim 8, a propagation environment estimation device (FIG. 2A, system 200) that estimates a propagation environment of a radio wave (electromagnetic (EM) waves in a radiofrequency (RF) range) using a scale model (FIG. 2A, target 210), the propagation environment estimation device comprising: a 3D printer (Photonic Professional GT 3D printer or Nanoscribe 3D printer) that creates a scale model (FIG. 2A, target 210); an element mounter (FIG. 10D, nanoantenna element 1050) that installs, in the scale model (FIG. 2A, target 210), a light source (FIG. 2A, laser source 220) regarded as a transmission station of a radio wave (electromagnetic (EM) waves in a radiofrequency (RF) range); a controller (electronic circuitry, such as a computer processor, not shown but disclosed in paragraphs: [0043] and [0083]) that causes the light source (FIG. 2A, laser source 220) to irradiate a measurement range in the scale model (FIG. 2A, target 210); and a camera (FIG. 11, camera 1120) that captures the measurement range irradiated by the light source (FIG. 2A, laser source 220), wherein the controller (electronic circuitry, such as a computer processor, not shown but disclosed in paragraphs: [0043] and [0083]) is configured to execute calibration processing of converting (using scale reduction factor N) gradation of light (FIG. 2A, 2D image 260 of the target 210) obtained by the capture into a reception level (signal intensity) of the radio wave (electromagnetic (EM) waves in a radiofrequency (RF) range) (Paragraphs: [0006], [0007] and [0026]-[0037]) (For more details, please read: Abstract; paragraphs: [0006]-[0008], [0026]-[0037], [0042]-[0045], [0063]-[0068], [0077]-[0080]; and claim 1).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Applicants’ attention is invited to the followings whose inventions disclose similar devices.
Murakami et al. (US 2024/0413918 A1) teaches a propagation model estimation system.
Abrakitov (UA 76745 U) teaches a device for analog modeling of the processes of propagation of acoustic waves.
CONTACT INFORMATION
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HOAI-AN D. NGUYEN whose telephone number is (571) 272-2170. The examiner can normally be reached MON-THURS (7:00 AM - 5:00 PM).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, LEE E. RODAK can be reached at 571-270-5628. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
HOAI-AN D. NGUYEN
Primary Examiner
Art Unit 2858
/HOAI-AN D. NGUYEN/ Primary Examiner, Art Unit 2858