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 .
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.
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Claims 1-8,17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,072,421. Although the claims at issue are not identical, they are not patentably distinct from each other because regarding claim 1, U.S. Patent No. 12,072,421 discloses in claim 1, a radar sensor, comprising: a plurality of multiple input multiple output (MIMO) transmitters configured to transmit radar signals; and control logic coupled to the plurality of MIMO transmitters, the control logic configured to encode the radar signals transmitted by the plurality of MIMO transmitters using a mixture of sub-set digital codes that discriminate between a plurality of sub-sets of MIMO transmitters of the plurality of MIMO transmitters and Doppler-division codes that discriminate between different MIMO transmitters within each of the plurality of sub-sets of MIMO transmitters such that, for a particular MIMO transmitter of the plurality of MIMO transmitters, a sub-set digital code associated therewith identifies a particular sub-set to which the particular MIMO transmitter is assigned and a Doppler-division code associated therewith identifies the particular MIMO transmitter within the particular sub-set to which the particular MIMO transmitter is assigned.
Regarding claims 2-8, U.S. Patent No. 12,072,421 discloses in claims 2-11, a device wherein the radar signals generated by the plurality of MIMO transmitters include a plurality of frequency modulated continuous wave (FMCW) chirps, and wherein the control logic is configured to, for a first MIMO transmitter from the plurality of MIMO transmitters that is assigned to a first sub-set of MIMO transmitters from the plurality of sub-sets of MIMO transmitters, control a phase shift of each chirp generated by the first MIMO transmitter using a combination of a sub-set digital code for the first sub-set and a Doppler-division code for the first MIMO transmitter; wherein each of the sub-set digital code for the sub-set and the Doppler-division code for the first MIMO transmitter defines a phase shift, and wherein the control logic is configured to control the phase shift of a first chirp generated by the first MIMO transmitter based upon a sum of the phase shifts defined by the sub-set digital code for the sub-set and the Doppler-division code for the first MIMO transmitter; wherein the sub-set digital codes are pseudo-random digital codes selected from pseudo-random code sequences associated with each of the plurality of sub-sets of MIMO transmitters; wherein the plurality of MIMO transmitters are disposed on a plurality of MIMO radar transceiver devices, and wherein the MIMO transmitters disposed on each MIMO radar transceiver device are in the same sub-set of MIMO transmitters; wherein the control logic is further configured to generate the plurality of sub-sets of MIMO transmitters during runtime of the radar sensor; wherein the control logic is configured to reassign MIMO transmitters to sub-sets during runtime of the radar sensor in response to one or more runtime conditions; wherein the sub-set digital code associated with the particular MIMO transmitter defines a first phase shift, the Doppler-division code associated with the particular MIMO transmitter defines a second phase shift, and a phase shift of a chirp in a radar signal generated by the particular MIMO transmitter has a phase shift that is controlled to be a sum of the first and second phase shifts.
Regarding claim 17, U.S. Patent No. 12,072,421 discloses in claims 1,12, a program product, comprising: a non-transitory computer readable medium; and program code stored on the non-transitory computer readable medium and configured upon execution by one or more processors to encode radar signals transmitted by a plurality of multiple input multiple output (MIMO) transmitters using a mixture of sub-set digital codes that discriminate between a plurality of sub-sets of MIMO transmitters of the plurality of MIMO transmitters and Doppler-division codes that discriminate between different MIMO transmitters within each of the plurality of sub-sets of MIMO transmitters such that, for a particular MIMO transmitter of the plurality of MIMO transmitters, a sub-set digital code associated therewith identifies a particular sub-set to which the particular MIMO transmitter is assigned and a Doppler-division code associated therewith identifies the particular MIMO transmitter within the particular sub-set to which the particular MIMO transmitter is assigned.
Allowable Subject Matter
Claims 9-16 are allowed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARC-ANTHONY ARMAND whose telephone number is (571)272-5178. The examiner can normally be reached 8am-5pm.
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MARC - ANTHONY ARMAND
Primary Examiner
Art Unit 2813
/MARC-ANTHONY ARMAND/Primary Examiner, Art Unit 2813
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