DETAILED ACTION
Response to Amendment
The amendment filed August 27, 2026 has been entered.
Claim 1 are amended.
Claim 2-3, and 5-10 are cancelled.
Claims 11-15 are new.
Claims 1, 4, and 11-15 are pending this application
Claim Rejections - 35 USC § 102
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, 4, and 11-15 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Arkind et al (US 2021/0320425 A1).
Regarding Claim 1, Arkind teaches radar apparatus comprising [0079]:
a radar transmitting circuit, which, in operation, transmits a radar signal using a transmitting array antenna [0080 for transmitter];
and a radar receiving circuit, which, in operation, receives a reflected wave signal that is the radar signal reflected from a target using a receiving array antenna [0080 for receiver, 0083 for echo],
wherein: one array antenna selected from the transmitting array antenna and the receiving array antenna includes a at least two first antenna groups [0099 for wo groups of TX columns, one at each side of the physical aperture],
each of the at least two first antenna groups includes two adjacent first antennas arranged with a first spacing in a first direction and with a second spacing in a second direction perpendicular to the first direction [0118-0120 for plurality of transmit elements arranged in multiple rows of two TX elements each]
and the at least two first antenna groups are arranged at different positions from each other in the second direction [0120-0121 for having both horizontal and vertical array elements],
and shifted from each other by a half of the first spacing in the first direction [0132 for integer multiple of half the distance between the transmit elements in the physical array and the receive skewing factor DRX is an integer multiple of half the distance between the receive elements],
another array antenna selected from the transmitting array antenna and the receiving array antenna includes at least two second antenna groups [0095 for two opposing TX columns, such that each row includes a plurality of receive elements uniformly spaced from each other and each column],
each of the at least two second antenna groups includes a plurality of two adjacent second antennas arranged with the first spacing in the first direction and the second spacing in a direction opposite to the second direction [0135 for vertical spacing for the transmit physical elements in the left and right columns is 3λ/2],
and the at least two second antenna groups are arranged at different positions from each other in the second direction, and shifted from each other by a half of the first spacing in a direction opposite to the first direction [0132 for skewing factor DTX is an integer multiple of half the distance between the transmit elements in the physical array and the receive skewing factor DRX is an integer multiple of half the distance between the receive elements].
Regarding Claim 4, Arkind teaches positions of the plurality of second antennas are different from each other in the first direction [0095 for each row includes a plurality of receive elements uniformly spaced from each other and each column].
Regarding Claim 11, Arkind teaches a radar signal processing method comprising [0079]:
transmitting a radar signal using a transmitting array antenna connected to a radar transmitting circuit [0080 for a transmitter];
receiving a reflected wave signal that is the radar signal reflected from a target using a receiving array antenna connected to a radar receiving circuit [0080 for receiver, and 0083 for echo];
and outputting information regarding an azimuth or a distance of the target, wherein: one array antenna selected from the transmitting array antenna and the receiving array antenna includes at least two first antenna groups [0099 for wo groups of TX columns, one at each side of the physical aperture],
each of the at least two first antenna groups includes two adjacent first antennas arranged with a first spacing in a first direction [0118-0120 for plurality of transmit elements arranged in multiple rows of two TX elements each]
and with a second spacing in a second direction perpendicular to the first direction [0120-0121 for having both horizontal and vertical array elements],
and the at least two first antenna groups are arranged at different positions from each other in the second direction [0128 for plurality of RX rows each having a plurality of receive elements a plurality of TX columns each having a plurality of transmit elements arranged in multiple rows of two elements each],
and shifted from each other by a half of the first spacing in the first direction [0132 for integer multiple of half the distance between the transmit elements in the physical array and the receive skewing factor DRX is an integer multiple of half the distance between the receive elements],
an other array antenna selected from the transmitting array antenna and the receiving array antenna includes at least two second antenna groups [0095 for two opposing TX columns, such that each row includes a plurality of receive elements uniformly spaced from each other and each column],
each of the at least two second antenna groups includes two adjacent second antennas arranged with the first spacing in the first direction and the second spacing in a direction opposite to the second direction [0135 for vertical spacing for the transmit physical elements in the left and right columns is 3λ/2],
and the at least two second antenna groups are arranged at different positions from each other in the second direction, and shifted from each other by a half of the first spacing in a direction opposite to the first direction [0132 for skewing factor DTX is an integer multiple of half the distance between the transmit elements in the physical array and the receive skewing factor DRX is an integer multiple of half the distance between the receive elements].
Regarding Claim 12, Arkind teaches radar signal processing circuit comprising [0079]:
a radar transmitting circuit that outputs a radar signal to a transmitting array antenna [0080 for a transmitter];
and a radar receiving circuit that receives a reflected wave signal that is the radar signal reflected from a target from a receiving array antenna [0080 for receiver, and 0083 for echo],
and outputs information regarding an azimuth or a distance of the target, wherein [0083 for azimuth and elevation data]:
one array antenna selected from the transmitting array antenna and the receiving array antenna includes at least two first antenna groups [0099 for wo groups of TX columns, one at each side of the physical aperture],
each of the at least two first antenna groups includes two adjacent first antennas arranged with a first spacing in a first direction [0118-0120 for plurality of transmit elements arranged in multiple rows of two TX elements each]
and with a second spacing in a second direction perpendicular to the first direction [0120-0121 for having both horizontal and vertical array elements],
and the at least two first antenna groups are arranged at different positions from each other in the second direction [0128 for plurality of RX rows each having a plurality of receive elements a plurality of TX columns each having a plurality of transmit elements arranged in multiple rows of two elements each],
and shifted from each other by a half of the first spacing in the first direction [0132 for integer multiple of half the distance between the transmit elements in the physical array and the receive skewing factor DRX is an integer multiple of half the distance between the receive elements],
an other array antenna selected from the transmitting array antenna and the receiving array antenna includes at least two second antenna groups [0095 for two opposing TX columns, such that each row includes a plurality of receive elements uniformly spaced from each other and each column],
each of the at least two second antenna groups includes two adjacent second antennas arranged with the first spacing in a direction opposite to the first direction [0135 for vertical spacing for the transmit physical elements in the left and right columns is 3λ/2],
and the at least two second antenna groups are arranged at different positions from each other in the second direction, and shifted from each other by a half of the first spacing in a direction opposite to the first direction [0132 for skewing factor DTX is an integer multiple of half the distance between the transmit elements in the physical array and the receive skewing factor DRX is an integer multiple of half the distance between the receive elements].
Regarding Claim 13, Arkind teaches positions of the plurality of second antennas are different from each other in the second direction [0095 for each row includes a plurality of receive elements uniformly spaced from each other and each column includes a plurality of transmit elements uniformly spaced from each other, the array forming a rectangular physical aperture].
Regarding Claim 14, Arkind teaches positions of the plurality of first antennas are different from each other in the first direction [0095].
Regarding Claim 15, Arkind teaches positions of the plurality of first antennas are different from each other in the second direction [0095 for each row includes a plurality of receive elements uniformly spaced from each other and each column].
Response to Arguments
Applicant’s arguments with respect to claims 1, 4, and 11-15 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 6, last paragraph the applicant presents the amended claims. The examiner thanks the applicant for the amendments.
In applicant’s arguments page 7, third paragraph the applicant states that Kishigami fails to teach the antenna groups. The examiner respectfully disagrees: new reference Arkind teaches there are two groups of TX columns, one at each side of the physical aperture. Each group may contain one or more columns [Arkind, 0099].
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.
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/SAMARINA MAKHDOOM/
Examiner, Art Unit 3648
Prosecution Insights