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.
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.
Claim 21, 23-39 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-15 of U.S. Patent No. 12095155. Although the claims at issue are not identical, they are not patentably distinct from each other because scopes of the inventions overlap.
The following is the comparison between the rejected claims with the US Patent:
For Claim 21
Current Application
U.S. Patent No. 12095155
A radar sensor, comprising: a sensor housing including a cavity retaining a processing board within the cavity;
Claim 1: A radar sensor, comprising: a sensor housing including a cavity retaining a processing board within the cavity;
a cover forming a face of the sensor housing, the cover defining a radome having a recess into the cavity, the recess including a first area and a second area separate from and connected to the first area;
Claim 1: a cover forming a face of the sensor housing, the cover defining a radome having a recess into the cavity, the recess including a first area and a second area separate from and connected to the first area,
a plurality of transmit antennas on a surface of the processing board, the transmit antennas being adjacent to and separated by a first gap from the first area, the transmit antennas configured to transmit RF signals through the first area; and
Claim 1: a plurality of transmit antennas on a surface of the processing board, the transmit antennas being adjacent to and separated by a first gap from the first area, the transmit antennas configured to transmit RF signals through the first area; and
a plurality of receive antennas on the surface of the processing board, the receive antennas being adjacent to and separated by a second gap from the second area, the receive antennas configured to receive RF signals returning through the second area,
Claim 1: a plurality of receive antennas on the surface of the processing board, the receive antennas being adjacent to and separated by a second gap from the second area, the receive antennas configured to receive RF signals returning through the second area,
wherein the recess includes an outer surface recessed into the cavity and an inner surface recessed into the cavity.
Implicit, as any recess would have an outer surface and an inner surface.
For Claim 23
Current Application
U.S. Patent No. 12095155
wherein the entire recess forms a first plane offset by a gap of a set width from the surface of the processing board.
Claim 15: wherein the first area of the recess and the second area of the recess maintain a gap of a set width from the surface of the processing board.
For claim 24
Current Application
U.S. Patent No. 12095155
wherein: the first area is connected directly to the second area via a first corner of the first area that overlaps a second corner of the second area to define truncated edges of the first area and the second area;
Claim 1: the first area is connected directly to the second area via a first corner of the first area that overlaps a second corner of the second area to define truncated edges of the first area and the second area;
the first area and the second area are each defined by a plurality of separate and distinct edges
Claim 1: the first area and the second area are each defined by a plurality of separate and distinct edges
For Claim 25
Current Application
U.S. Patent No. 12095155
centers of patches of the plurality of receive antennas are aligned parallel along a major axis; and
Claim 2: centers of the plurality of receive antennas are aligned parallel along a major axis.
centers of patches of the plurality of transmit antennas are offset from the major axis and aligned along a second axis oblique to the major axis
Claim 3: centers of the plurality of transmit antennas are offset from the major axis and aligned along a second axis oblique to the major axis.
For Claim 26
Current Application
U.S. Patent No. 12095155
wherein the major axis and the second axis are separated by an angle of substantially 45 degrees.
Claim 7: wherein the major axis and the second axis are separated by an angle of substantially 45 degrees.
For Claim 27
Current Application
U.S. Patent No. 12095155
wherein the plurality of transmit antennas and the plurality of receive antennas are oriented with edges parallel to the second axis.
Claim 4: wherein the plurality of transmit antennas and the plurality of receive antennas are oriented parallel to the second axis.
For Claim 28
Current Application
U.S. Patent No. 12095155
the plurality of transmit antennas and the plurality of receive antennas are oriented to face in opposite directions; and
Claim 5: wherein the plurality of transmit antennas and the plurality of receive antennas are aligned to face in opposite directions.
patches of the plurality of receive antennas and the plurality of transmit antennas are of the same shape.
Claim 6: wherein patches of the plurality of receive antennas and the plurality of transmit antennas are of the same shape.
For Claim 29
Current Application
U.S. Patent No. 12095155
wherein the plurality of receive antennas each include only a single antenna patch.
Claim 9: wherein the plurality of receive antennas each include only a single antenna patch.
For Claim 30
Current Application
U.S. Patent No. 12095155
Wherein a first receive antenna of the receive antennas includes a lower patch edge and a second receive antenna of the receive antennas includes an upper patch edge, the lower patch edge being parallel to the upper patch edge.
Claim 10: wherein a first receive antenna of the receive antennas includes a lower patch edge and a second receive antenna of the receive antennas includes an upper patch edge, the lower patch edge being parallel to the upper patch edge.
For Claim 31
Current Application
U.S. Patent No. 12095155
a first transmit antenna of the transmit antennas includes a lower patch edge and a second transmit antenna of the transmit antennas includes an upper patch edge; and
Claim 11: a first transmit antenna of the transmit antennas includes a lower patch edge and a second transmit antenna of the transmit antennas includes an upper patch edge; and
at least a portion of the lower patch edge is disposed above at least a portion of the upper patch edge relative to a minor axis, the minor axis running perpendicular to the major axis.
Claim 11: at least a portion of the lower patch edge is disposed above at least a portion of the upper patch edge relative to a minor axis, the minor axis running perpendicular to the major axis.
For Claim 32
Current Application
U.S. Patent No. 12095155
wherein the plurality of receive antennas include a first receive antenna with a first antenna patch and a second receive antenna with a second antenna patch, the radar sensor further comprising a first and second inoperative antenna patch, wherein the first and second receive antennas are disposed between the first and second inoperative antenna patches.
Claim 12: wherein the plurality of receive antennas include a first receive antenna with a first antenna patch and a second receive antenna with a second antenna patch, the radar sensor further comprising a first and second inoperative antenna patch, wherein the first and second receive antennas are disposed between the first and second inoperative antenna patches.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “wherein the recess includes an outer surface recessed into the cavity and an inner surface recessed into the cavity” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
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.
Claim(s) 21-23, 27 and 29-30 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by D1 JP 2007201868 A.
Regarding claims bellow D1 teaches
21. (New) A radar sensor, comprising:
a sensor housing(fig. 1) including a cavity retaining a processing board within the cavity;
a cover forming(see fig. 1 and image bellow ) a face of the sensor housing, the cover defining a radome having a recess(5, 50c, 50b or 50c only ) into the cavity, the recess including a first area(5 or part of 50c which is closer to the transmitter ) and a second area(50b or another part of 50c which is closer to the receiver) separate from and connected to the first area;(connected through 50c)
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a plurality of transmit antennas(1 and fig. 3) on a surface of the processing board(3), the transmit antennas being adjacent to and separated by a first gap from the first area(fig. 1 antenna 1 is separated from 5 by gap ), the transmit antennas configured to transmit RF signals through the first area; and(implicit)
a plurality of receive antennas(2) on the surface of the processing board(3), the receive antennas being adjacent to and separated by a second gap from the second area, the receive antennas configured to receive RF signals returning through the second area(50b), (fig. 1 and 3)
wherein the recess(5, 50c, 50b or 50c inner and outer surfaces) includes an outer surface recessed into the cavity and an inner surface recessed into the cavity.(see image above)
22. (New) The radar sensor of claim 21 wherein, the first area, the second area, and
an area connecting the first area and the second area are positioned parallel on a shared plane on an outer surface of the cover.(if we take as recess 50c only and taking part of 50c as first area and another part of 50c as second area limitation is automatically being satisfied.)
23. (New) The radar sensor of claim 21, wherein the entire recess forms a first plane offset by a gap of a set width from the surface of the processing board.(fig. 1 50c offset by constant gap)
27. (New) The radar sensor of claim 21, wherein the plurality of transmit antennas and the plurality of receive antennas are oriented with edges parallel to the second axis.( fig. 1)
29. (New) The radar sensor of claim 21, wherein the plurality of receive antennas each include only a single antenna patch.(fig. 3)
30. (New) The radar sensor of claim 21, whereina first receive antenna of the receive antennas includes a lower patch edge and a second receive antenna of the receive antennas includes an upper patch edge, the lower patch edge being parallel to the upper patch edge.(fig. 3)
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.
Claim(s) 25-26, 31-36, 38-40 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by D1 JP 2007201868 A in view of D2 JP 2012220418 A.
Although D1 does not explicitly teach D2 teaches
25. (New) The radar sensor of claim 21, wherein:centers of patches of the plurality of receive antennas are aligned parallel along a major axis; and
centers of patches of the plurality of transmit antennas are offset from the major axis and aligned along a second axis oblique to the major axis.(fig. 2 see selection bellow presented in fig.)
26. (New) The radar sensor of claim 25, wherein the major axis and the second axis are separated by an angle of substantially 45 degrees. (.see selection of the antennas in fig. 2 presented bellow)
31. (New) The radar sensor of claim 25, wherein:a first transmit antenna of the transmit antennas includes a lower patch edge and a second transmit antenna of the transmit antennas includes an upper patch edge; and
at least a portion of the lower patch edge is disposed above at least a portion of the upper patch edge relative to a minor axis, the minor axis running perpendicular to the major axis(.see selection of the antennas in fig. 2 presented bellow and fig. 1 of D2)
It is clear that transmitter and receiver antenna arrangement can be 2D arrays (as for example presented in D2 fig. 2 ) and then one can chose set of antennas to satisfy the limitations above and it is just a matter of the design choice and clearly within the skills of one of ordinary skills in the art and can be used as well known in the art for different polarization requirements(see as example selection of antennas from fig. 2 of D2
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).
It would be obvious to one of ordinary skills in the art at the time of the filing to modify invention by D1 with invention by D2 in order to provide multidimensional antenna array which can measure different polarizations. (see abstract)
Although D1 does not teach D2 teaches
32. (New) The radar sensor of claim 21, wherein the plurality of receive antennas include a first receive antenna with a first antenna patch and a second receive antenna with a second antenna patch,(D2: fig. 1,2)
Although neither D1 or D2 teach the radar sensor further comprising a first and second inoperative antenna patch, wherein the first and second receive antennas are disposed between the first and second inoperative antenna patches
Turning on and off different sets of the antennas is just a matter of the design choice in order to save the power and to obtain desired beam shape.
Regarding claim 33 D1 teaches
33. (New) A radar sensor, comprising:
a sensor housing including a cavity retaining a processing board within the cavity;(fig. 3 and see rejection for claim 21 )
a cover forming a face of the sensor housing, the cover defining a radome including a first area and a second area separate from and connected to the first area; ;(fig. 3 and see rejection for claim 21 )
a plurality of transmit antenna patches on a surface of the processing board, the transmit antenna patches being adjacent to and separated by a first gap from the first area, the transmit antenna patches configured to transmit RF signals through the first area; and;(fig. 3 and see rejection for claim 21 )
a plurality of receive antenna patches on the surface of the processing board, the receive antenna patches being adjacent to and separated by a second gap from the second area, the receive antenna patches configured to receive RF signals returning through the second area, ;(fig. 3 and see rejection for claim 21 )
but D1 does not teach while D2 teaches
wherein: the receive antenna patches are positioned with centers aligned along a major axis, and
oriented oblique to the major axis.(D2: fig. 1)
It would be obvious to one of ordinary skills in the art at the time of the filing to modify invention by D1 with invention by D2 in order to provide desired polarization plane (see page 2).
34. (New) The radar sensor of claim 33, wherein the transmit antenna patches are positioned with centers aligned along a second axis, the second axis at an oblique angle to the major axis.(D2 fig. 2)(see the rejection for claims 25, 26 )
35. (New) The radar sensor of claim 34 wherein the oblique angle is substantially 45 degrees.(obvious design modification see the rejection for claims 25, 26)
36. (New) The radar sensor of claim 33, wherein:the receive antenna patches and the transmit antenna patches are oriented parallel to the oblique axis; and
the receive antenna patches and the transmit antenna patches are spaced at half an operating wavelength along the major axis.(D2 fig. 1 and rejection for claims 25)
38. (New) The radar sensor of claim 33, wherein:a first transmit antenna of the transmit antennas includes a lower patch edge and a second transmit antenna of the transmit antennas includes an upper patch edge; and
at least a portion of the lower patch edge is disposed above at least a portion of
the upper patch edge relative to a minor axis, the minor axis running perpendicular to the major axis.(see D2 fig. 1 minor axis is added axis. Major axis is perpendicular to it)
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Although D1 does not teach D2 teaches
39, wherein the plurality of receive antennas include a first receive antenna with a first antenna patch and a second receive antenna with a second antenna patch,(D2: fig. 1,2)
Although neither D1 or D2 teach the radar sensor further comprising a first and second inoperative antenna patch, wherein the first and second receive antennas are disposed between the first and second inoperative antenna patches
Turning on and off different sets of the antennas is just a matter of the design choice in order to save the power and to obtain desired beam shape.
40. (New) The radar sensor of claim 33, wherein:the first area and the second area are part of a recess into the cavity;
the first area and the second area of the recess are on a same plane and parallel to an outer surface of the cover; and
the recess includes an outer surface recessed into the cavity and an inner surface recessed into the cavity.(D1 fig. 3)
Claim(s) 28 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by D1 JP 2007201868 A in view of D3 JP 2003344535 A.
D1 does not teach but D3 teaches
28. (New) The radar sensor of claim 21, wherein:the plurality of transmit antennas and the plurality of receive antennas are oriented to face in opposite directions; and
patches of the plurality of receive antennas and the plurality of transmit antennas are of the same shape.(D3: fig. 9)
It would be obvious to one of ordinary skills in the art at the time of the filing to modify invention by D1 with invention by D3 in order to provide optimal wiring of the antenna.
Claim(s) 37 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by D1 JP 2007201868 A and D2 and further in view of D3 JP 2003344535 A.
Although D1 and D2 do not teach D3 teaches
37. (New) The radar sensor of claim 36, wherein the receive antenna patches and transmit antenna patches are oriented to face opposite directions.(fig. 9)
It would be obvious to one of ordinary skills in the art at the time of the filing to modify invention by D1 with invention by D3 in order to provide optimal wiring of the antenna.
Allowable Subject Matter
Claim 24 is allowable over prior art.
The following is a statement of reasons for the indication of allowable subject matter: the Examiner has not found any prior art that would render obvious the claim limitations directed to “the first area is connected directly to the second area via a first corner of the first area that overlaps a second corner of the second area to define truncated edges of the first area and the second area; and
the first area and the second area are each defined by a plurality of separate and distinct edges.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HELENA SERAYDARYAN whose telephone number is (571)270-0706. The examiner can normally be reached on M-T, 7:30-5pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Resha Desai can be reached on (571)270-7792. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HELENA H SERAYDARYAN/ Examiner, Art Unit 3648
/TIMOTHY A BRAINARD/Primary Examiner, Art Unit 3648
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