Prosecution Insights
Last updated: April 19, 2026
Application No. 18/754,072

HEALTH ASSESSMENT OF VEHICLES USING UNINTENDED EMISSIONS

Non-Final OA §103
Filed
Jun 25, 2024
Examiner
RORIE, ALYSSA N
Art Unit
3662
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Nokomis, Inc.
OA Round
1 (Non-Final)
78%
Grant Probability
Favorable
1-2
OA Rounds
2y 10m
To Grant
97%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allow Rate
59 granted / 76 resolved
+25.6% vs TC avg
Strong +20% interview lift
Without
With
+19.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
18 currently pending
Career history
94
Total Applications
across all art units

Statute-Specific Performance

§101
22.6%
-17.4% vs TC avg
§103
48.8%
+8.8% vs TC avg
§102
0.6%
-39.4% vs TC avg
§112
26.9%
-13.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 76 resolved cases

Office Action

§103
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 . Drawings The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: LRU(s) 1090. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. Specification The disclosure is objected to because of the following informalities: Page 9 (line 3-4) “Discrete Furrier Transform” should read “Discrete Fourier Transform” Page 9 (line 3) “Fast Furrier Transform” should read “Fast Fourier Transform” Page 12 (line 10) “tunning” should read “tuning” Page 14 (line 35) “tunning” should read “tuning” Page 20 (line 33-34) “emission signature analyzer 160” should read “emission signature analyzer 140” Appropriate correction is required. Claim Objections Claim 35 objected to because of the following informalities: Claim 35 (line 2) “tunned” should read “tuned” Appropriate correction is required. 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 21, 34, 36, and 40 are rejected under 35 U.S.C. 103 as being unpatentable over Kildal (US2017/0012714A1) in view of Swartz et al. (US2003/0167139A1), hereinafter Kildal and Swartz respectively. Regarding claim 21, (New) Kildal teaches a structure configured to determine a health of an electrical component within a vehicle (see at least [0015] “According to a first aspect of the invention there is provided an apparatus for measuring over-the-air (OTA) wireless communication performance in an automotive application of a device under test arranged on or in a vehicle, such as a car or a bus, comprising: a chamber defining an internal cavity therein, and a platform for supporting the vehicle, wherein the chamber is adapted to enclose the platform, wherein the platform is a rotatable platform that can rotate the vehicle, and wherein the floor of the chamber is inwardly reflective, and optionally covered with a top layer to resemble asphalt or other road covers.” also see at least [0068]). Examiner interprets that a structure configured to determine a health of an electrical component within a vehicle is encompassed at least by an apparatus for measuring over-the-air (OTA) wireless communication performance in an automotive application of a device under test arranged on or in a vehicle. Swartz more explicitly teaches a structure configured to determine a health of an electrical component within a vehicle in a response to processing a signature of an emission of an electromagnetic energy in a radio frequency (RF) range from the electrical component (see at least [0039] “embodiments of the present invention provide an apparatus 100 (with associated methods, computer device, and computer software program product) capable of identifying a source of electromagnetic emission based upon the characteristics of the electromagnetic emission…In some instances, embodiments of the apparatus 100 are capable of identifying the source 700 of the electromagnetic emission as well as providing other useful information for facilitating identification of other characteristics of the source, such as the operating state of the source 700 or the presence of other equipment or accessories on or about the source 700. ” also see at least [0041]). Examiner interprets that a structure configured to determine a health of an electrical component within a vehicle is encompassed at least by an apparatus 100 (with associated methods, computer device, and computer software program product) capable of identifying a source of electromagnetic emission based upon the characteristics of the electromagnetic emission, health of an electrical component is encompassed at least by operating state of the source 700, in a response to processing a signature of an emission of an electromagnetic energy in a radio frequency (RF) range from the electrical component is encompassed at least by based upon the characteristics of the electromagnetic emission, and signature of an emission is encompassed at least by characteristics of the electromagnetic emission. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of Kildal of a structure configured to determine a health of an electrical component within a vehicle with the teaching of teaches a structure configured to determine a health of an electrical component within a vehicle in a response to processing a signature of an emission of an electromagnetic energy in a radio frequency (RF) range from the electrical component found in Swartz. One could combine the teachings in order to have a structure configured to determine a health of an electrical component within a vehicle in a response to processing a signature of an emission of an electromagnetic energy in a radio frequency (RF) range from the electrical component with a reasonable expectation of success. One would have been motivated to do so in order to provide a cost efficient apparatus for testing wireless communications to vehicles with the same or improved measurement quality (see at least Kildal, [0013]) and further to increase efficiency and identifying instances where maintenance or repair is necessary (see at least Swartz, [0041]). Regarding claim 34, (New) the combination of Kildal and Swartz teaches the structure of claim 21 as detailed above. Kildal teaches comprising: an antenna configured to capture the emission (see at least [0077] “Further, a chamber antenna/measurement antenna 4' is preferably arranged in the chamber, and is preferably arranged as a vertical linear array antenna.” also see at least [0074]); and a signature analyzer (see at least [0074] “The measurement instrument preferably comprises analyzing means, e.g. realized by dedicated software on a personal computer or the like, and can e.g. comprise a commercially available measuring instrument, such as a network analyzer or spectrum analyzer or similar, for determining the transmitted power between the antennas. Additionally or alternatively, the measuring instrument may comprise a base station emulator.”), and a control unit configured to process the signature of the emission in the digital form (see at least [0078] “As best seen in FIG. 3, the apparatus further preferably comprises two branched distribution networks 7 connecting the vertical linear array elements for each polarization to each of two ports of the measuring instrument, here shown as...a controller 6b, such as a PC.”). Examiner interprets that signature analyzer is encompassed at least by analyzing means and control unit is encompassed at least by controller 6b, such as a PC. Kildal does not explicitly teach but suggests including: a receiver configured to receive the emission from the antenna and convert the emission into a digital form (see at least [0093] “It is envisioned that this distribution network also may be realized digitally, by having DA/AD converters and transmitting/receiving amplifiers”). Examiner interprets that receiver is suggested at least by receiving amplifiers. However, Swartz more explicitly teaches comprising: an antenna configured to capture the emission (see at least [0023] “Note that other configurations of a sensor device 200 are also anticipated according to other embodiments of the present invention. For example, the sensor device 200 may also comprise an RF antenna having an associated RF-indicating device, wherein such an RF device is capable of indicating, for example, detected power over either a large detection bandwidth, a narrow bandwidth, or a time varying center frequency with a narrow bandwidth. An RF emission is typically a high frequency emission having a frequency range, for example, in the hundreds of MHz.”); and a signature analyzer (see at least [0004] “the analyzing unit used for receiving and processing the collected electromagnetic emission signal from the vehicle.”), including: a receiver configured to receive the emission from the antenna and convert the emission into a digital form (see at least [0020] “The apparatus 100 generally comprises...a receiver 500, and a computer device 600. The sensor device 200 is operably engaged with the data transmitter 400 for detecting the electromagnetic emission of the source 700 as corresponding sensed emission data and then transmitting the sensed emission data to the receiver 500.” and [0029] “As shown in FIGS. 1 and 2, once the emission data has been detected and converted to digital emission data, the digital emission data may be manipulated in various manners prior to being transmitted to the computer device 600. Transmission of the digital emission data is accomplished via a data transmitter 400 communicating with a corresponding receiver 500 operably engaging the computer device 600.”), and a control unit configured to process the signature of the emission in the digital form (see at least [0020] “The apparatus 100 generally comprises...a computer device 600...the sensed emission data is received by the computer device 600 and processed to facilitate the identification of the source 700.” and [0038] “Once the digital emission data is received by the computer device 600, the digital emission data is processed or otherwise analyzed by the computer device 600 (Block 940), such as by applying STFT or JTFA thereto. The processed results may then be converted into a graphical representation (Block 950) and/or analyzed to identify a characteristic marker of the source 700 (Block 960).”). Examiner interprets that antenna is encompassed at least by sensor device 200, signature analyzer is encompassed at least by analyzing unit, receiver is encompassed at least by receiver 500, control unit is encompassed at least by computer device 600, and signature of the emission is encompassed at least by characteristic marker. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of Kildal of an antenna configured to capture the emission; and a signature analyzer, and a control unit configured to process the signature of the emission in the digital form and the suggested teaching of : a receiver configured to receive the emission from the antenna and convert the emission into a digital form with the more explicit teaching of comprising: an antenna configured to capture the emission; and a signature analyzer, including: a receiver configured to receive the emission from the antenna and convert the emission into a digital form, and a control unit configured to process the signature of the emission in the digital form found in Swartz. One could combine the teachings in order to have a structure comprising: an antenna configured to capture the emission; and a signature analyzer, including: a receiver configured to receive the emission from the antenna and convert the emission into a digital form, and a control unit configured to process the signature of the emission in the digital form with a reasonable expectation of success. One would have been motivated to do so in order to provide a cost efficient apparatus for testing wireless communications to vehicles with the same or improved measurement quality (see at least Kildal, [0013]) and further to increase efficiency and identifying instances where maintenance or repair is necessary (see at least Swartz, [0041]). Regarding claim 36, (New) the combination of Kildal and Swartz teaches the structure of claim 21 as detailed above. Kildal does not explicitly teach wherein the emission comprises an unintended emission. However, Swartz more explicitly teaches wherein the emission comprises an unintended emission (see at least [0039] “Thus, embodiments of the present invention provide an apparatus 100 (with associated methods, computer device, and computer software program product) capable of identifying a source of electromagnetic emission based upon the characteristics of the electromagnetic emission. Such an apparatus 100 is capable of detecting the electromagnetic emission of the source 700 from a distance in an accurate and reliable manner. The apparatus 100 is further capable of collecting emission data having a sufficient signal-to-noise ratio to allow effective processing and analysis of the emission data for producing high resolution identification results.”). Examiner interprets that an unintended emission is encompassed at least by noise. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Kildal with the teaching of wherein the emission comprises an unintended emission found in Swartz. One could combine the teachings in order to have a structure wherein the emission comprises an unintended emission with a reasonable expectation of success. One would have been motivated to do so in order to provide a cost efficient apparatus for testing wireless communications to vehicles with the same or improved measurement quality (see at least Kildal, [0013]) and further to increase efficiency and identifying instances where maintenance or repair is necessary (see at least Swartz, [0041]). Regarding claim 40, (New) Kildal teaches a structure configured to determine a health of a vehicle (see at least [0015] “According to a first aspect of the invention there is provided an apparatus for measuring over-the-air (OTA) wireless communication performance in an automotive application of a device under test arranged on or in a vehicle, such as a car or a bus, comprising: a chamber defining an internal cavity therein, and a platform for supporting the vehicle, wherein the chamber is adapted to enclose the platform, wherein the platform is a rotatable platform that can rotate the vehicle, and wherein the floor of the chamber is inwardly reflective, and optionally covered with a top layer to resemble asphalt or other road covers.” also see at least [0068]). Examiner interprets that a structure configured to determine a health of a vehicle is encompassed at least by an apparatus for measuring over-the-air (OTA) wireless communication performance in an automotive application of a device under test arranged on or in a vehicle. Swartz more explicitly teaches a structure configured to determine a health of a vehicle in a response to processing a signature of an emission of an electromagnetic energy in a radio frequency (RF) range from an electrical component within the vehicle (see at least [0039] “embodiments of the present invention provide an apparatus 100 (with associated methods, computer device, and computer software program product) capable of identifying a source of electromagnetic emission based upon the characteristics of the electromagnetic emission…In some instances, embodiments of the apparatus 100 are capable of identifying the source 700 of the electromagnetic emission as well as providing other useful information for facilitating identification of other characteristics of the source, such as the operating state of the source 700 or the presence of other equipment or accessories on or about the source 700. ” also see at least [0041]). Examiner interprets that a structure configured to determine a health of a vehicle is encompassed at least by an apparatus 100 (with associated methods, computer device, and computer software program product) capable of identifying a source of electromagnetic emission based upon the characteristics of the electromagnetic emission, health of an electrical component is encompassed at least by operating state of the source 700, in a response to processing a signature of an emission of an electromagnetic energy in a radio frequency (RF) range from the electrical component is encompassed at least by based upon the characteristics of the electromagnetic emission, and signature of an emission is encompassed at least by characteristics of the electromagnetic emission. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of Kildal of a structure configured to determine a health of a vehicle with the teaching of a structure configured to determine a health of a vehicle in a response to processing a signature of an emission of an electromagnetic energy in a radio frequency (RF) range from an electrical component within the vehicle found in Swartz. One could combine the teachings in order to have a structure configured to determine a health of a vehicle in a response to processing a signature of an emission of an electromagnetic energy in a radio frequency (RF) range from an electrical component within the vehicle with a reasonable expectation of success. One would have been motivated to do so in order to provide a cost efficient apparatus for testing wireless communications to vehicles with the same or improved measurement quality (see at least Kildal, [0013]) and further to increase efficiency and identifying instances where maintenance or repair is necessary (see at least Swartz, [0041]). Claim 39 is rejected under 35 U.S.C. 103 as being unpatentable over Kildal (US2017/0012714A1) in view of Swartz et al. (US2003/0167139A1) in further view of Mohan et al. (US6137992A), hereinafter Kildal, Swartz, and Mohan respectively. Regarding claim 39, (New) the combination of Kildal and Swartz teaches the structure of claim 21 as detailed above. Kildal teaches comprising an antenna (see at least [0077] “Further, a chamber antenna/measurement antenna 4' is preferably arranged in the chamber, and is preferably arranged as a vertical linear array antenna.” also see at least [0074]) and a control unit (see at least [0078] “As best seen in FIG. 3, the apparatus further preferably comprises two branched distribution networks 7 connecting the vertical linear array elements for each polarization to each of two ports of the measuring instrument, here shown as...a controller 6b, such as a PC.”). Examiner interprets that antenna is encompassed at least by chamber antenna/measurement antenna 4' and control unit is encompassed at least by controller 6b, such as a PC. Kildal does not explicitly teach the control unit configured to measure a change in a signal strength or a field strength in a response to the vehicle moving relative to the antenna. Swartz teaches comprising an antenna (see at least [0023] “Note that other configurations of a sensor device 200 are also anticipated according to other embodiments of the present invention. For example, the sensor device 200 may also comprise an RF antenna having an associated RF-indicating device, wherein such an RF device is capable of indicating, for example, detected power over either a large detection bandwidth, a narrow bandwidth, or a time varying center frequency with a narrow bandwidth. An RF emission is typically a high frequency emission having a frequency range, for example, in the hundreds of MHz.”) and a control unit (see at least [0020] “The apparatus 100 generally comprises...a computer device 600”). Examiner interprets that antenna is encompassed at least by sensor device 200 and control unit is encompassed at least by computer device 600. Mohan suggests the control unit configured to measure a change in a signal strength or a field strength in a response to the vehicle moving relative to the antenna (see at least Col. 4 lines 26-28 “The system also includes a spectrum analyzer 164 that monitors the strength of the RF signal being transmitted to the vehicle receiver.”). Examiner interprets that the claim is written in the alternative and therefore only one of the limitations needs to be addressed. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of Kildal of an antenna and a control unit with the teaching of an antenna and a control unit found in Swartz and the suggested teaching of the control unit configured to measure a change in a signal strength or a field strength in a response to the vehicle moving relative to the antenna found in Mohan. One could combine the teaching in order to have a structure comprising an antenna and a control unit, the control unit configured to measure a change in a signal strength or a field strength in a response to the vehicle moving relative to the antenna with at reasonable expectation of success. One would have been motivated to do so in order to provide a cost efficient apparatus for testing wireless communications to vehicles with the same or improved measurement quality (see at least Kildal, [0013]) and further to increase efficiency and identifying instances where maintenance or repair is necessary (see at least Swartz, [0041]). Allowable Subject Matter The following is a statement of reasons for the indication of allowable subject matter: Claims 22-33, 35, and 37-38 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The reason for indicating allowable subject matter over the prior art of record is similar as the reasons for allowance recited in the parent application 17/479,578 (see Notice of Allowance of 04/05/2024), and further the prior art of record does not teach limitations pertaining to “a peripheral wall defining a hollow interior and an antenna mounted within a thickness of the peripheral wall and external to the vehicle at least partially received within the hollow interior”, “at least one antenna disposed within a thickness of the base, the at least one antenna configured to capture the emission”, “the mat including an antenna configured to capture the emission”, “antennas embedded within the concrete material”, “antennas embedded within the asphalt material”, “antennas embedded within the cement material”, and “a vehicle washer with an antenna array” among other limitations presented in the instant application. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kildal et al. (US2018/0375594A1) Discloses an apparatus for measuring over-the-air (OTA) wireless communication performance in an automotive application of a device under test (DUT) arranged on or in a vehicle. The apparatus includes a chamber defining an internal volume therein, such as an EMC chamber or a semi-anechoic chamber. Further, a rotatable platform for supporting the vehicle is provided enclose in the internal volume, together with at least one chamber antenna. A communication system test instrument is further provided for measuring the transmission between the device under test and the chamber antenna. The chamber antenna is an array antenna, including a horizontal linear array of antenna elements, the chamber antenna preferably providing a plane wave in near-field where the vehicle is located. The array may further include a plurality of horizontal linear arrays, overlying each other in a vertical direction. Pabst (US2020/0264223A1) Discloses a measurement system for performing measurements of the total radiated power of a device under test has an anechoic chamber, a positioner with a device section for supporting the device under test, at least one link antenna for establishing communication with the device under test and a plurality of different measurement antennas. Sassi et al. (US2022/0276364A1) Discloses technologies and techniques for determining power parameters of at least one radio system arranged in or on a vehicle. A rotatable platform may be provided for receiving and rotating the vehicle, as well as a simulation antenna, a base station emulator connected to the simulation antenna, at least one test antenna, and at least one test device, connected to the at least one test antenna and/or to the simulation antenna, for determining at least one power parameter of the at least one radio system depending on a rotation angle of the vehicle. The simulation antenna includes at least three antennas which, in respect of a rotation axis of the rotatable platform, are arranged at identical angular distances over an entire angular range about the rotatable platform. Villarroel et al. (US2008/0309565A1) Discloses a signal measurement system that tests an RF component in an RF test facility, such as an RF anechoic chamber. The system includes a repeater which is connected to an exterior antenna disposed outside the chamber and a transmitting antenna disposed inside the chamber. The repeater receives the RF broadcast signal from the exterior antenna and rebroadcasts it as an RF testing signal inside the chamber. The subject antenna receives the RF testing signal, which is then analyzed with a computer. The repeater may also modify the RF testing signal to produce a wide variety of test situations that mimic those available in a traditional field-test. Zerod et al. (US5739695A) Discloses a method for dynamically testing a radio system having output terminals connectable to a speaker system in a motor vehicle wherein the method utilizes a dynamometer, a transverse electromagnetic cell, a signal generator and a signal analyzer and includes the steps of placing the motor vehicle in the transverse electromagnetic cell, connecting the output terminals to the signal analyzer, operating the motor vehicle on the dynamometer inside the transverse electromagnetic cell, generating a signal using the signal generator, transmitting the signal from the signal generator to the transverse electromagnetic cell, emitting the signal onto the motor vehicle, and measuring an output signal generated by the radio system at the output terminals using the signal analyzer. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALYSSA N RORIE whose telephone number is (571)272-6962. The examiner can normally be reached Monday - Friday (out of office every other Friday) 7:30 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, Jelani Smith can be reached at 571-270-3969. 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. /A.R./Examiner, Art Unit 3662 /JELANI A SMITH/Supervisory Patent Examiner, Art Unit 3662
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Prosecution Timeline

Jun 25, 2024
Application Filed
Mar 04, 2025
Response after Non-Final Action
Feb 02, 2026
Non-Final Rejection — §103 (current)

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Expected OA Rounds
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2y 10m
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