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 .
Information Disclosure Statement
This office acknowledges receipt of the following item(s) from the applicant:
Information Disclosure Statement(s) (IDS) filed on 27 January 2025. The references have been considered.
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 16-26 and 29-31 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 8-13 and 16-20 of U.S. Patent No. 12,111,390. Although the claims at issue are not identical, they are not patentably distinct from each other because the only difference is the current claims do not claim retrofitted.
The bolded comparison of the claims will show that the claims are obvious variants of one another.
Claim 16 of the current application states: A method for operating a radar system having a transmitter connected to a transmit/receive module, the method comprising: controlling a local oscillator of the transmitter to output linear frequency-modulated sweep signals, controlling switching states of transmit and receive switches of transmit and receive channels respectively of the transmit/receive module, and controlling attenuation levels of first and second variable attenuators of the transmit and receive channels respectively so that the radar system operates in a pulsed search mode during a first time period; controlling the local oscillator to output linear frequency-modulated sweep signals, controlling the switching states of the transmit and receive switches, and controlling the attenuation levels of the first and second variable attenuators so that the radar system operates in a pulsed tracking mode during a second time period subsequent to the first time period; and controlling the local oscillator to output linear frequency-modulated sweep signals, controlling the switching states of the transmit and receive switches, and controlling the attenuation levels of the first and second variable attenuators so that the radar system operates in an FMCW mode during a third time period subsequent to the first time period, wherein the radar system is capable of detecting targets at long range when operating in the pulsed search mode, detecting targets at mid-range when operating in the pulsed tracking mode, and detecting targets at short range when operating in the FMCW mode.
Claim 16 of ‘390 states: A method for operating a radar system having a transmitter connected to a retrofitted transmit/receive module, the method comprising: controlling a local oscillator of the transmitter to output linear frequency-modulated sweep signals, controlling switching states of transmit and receive switches of transmit and receive channels respectively of the retrofitted transmit/receive module, and controlling attenuation levels of first and second variable attenuators of the transmit and receive channels respectively SO that the radar system operates in a pulsed search mode during a first time period; controlling the local oscillator to output linear frequency-modulated sweep signals, controlling the switching states of the transmit and receive switches, and controlling the attenuation levels of the first and second variable attenuators so that the radar system operates in a pulsed tracking mode during a second time period subsequent to the first time period; and controlling the local oscillator to output linear frequency-modulated sweep signals, controlling the switching states of the transmit and receive switches, and controlling the attenuation levels of the first and second variable attenuators so that the radar system operates in an FMCW mode during a third time period subsequent to the first time period, wherein the radar system is capable of detecting targets at long range when operating in the pulsed search mode, detecting targets at mid-range when operating in the pulsed tracking mode, and detecting targets at short range when operating in the FMCW mode.
As can be seen through the comparison, the only difference between the two claims is the word retrofitted used to describe the transmit/receive module. The differences between the claims are negligible and not significant enough to overcome a double patenting rejection.
Dependent Claims 17-20 of the current application are identical to Claim 17-20 of ‘390.
Claim 21 of the current application states: A radar system comprising a FMCW radar system, a transmit/receive module connected to the FMCW radar system, and an antenna connected to the transmit/receive module, wherein: the FMCW radar system comprises a transmitter, a receiver connected to the transmitter, analog-to-digital converters connected to the receiver, a digital signal processor connected to the analog-to-digital converters, and a microcontroller connected to the digital signal processor and to the transmitter; the transmit/receive module comprises a transmit channel and a receive channel; the transmit channel comprises a transmit switch that is connected to the transmitter and to the microcontroller; and the receive channel comprises a first receive switch that is connected to the receiver and to the microcontroller, wherein the microcontroller is configured to: control switching states of the transmit switch and the first receive switch to enable selective operation in an FMCW mode or in either of a pulsed search mode or pulsed tracking mode; and control the transmitter in the pulsed search mode to generate successive linear frequency-modulated sweep signals and control the switching states of the transmit switch and first receive switch so that the transmit switch is open when the first receive switch is closed and the transmit switch is closed when the first receive switch is open during each linear frequency-modulated sweep signal.
Claim 8 of ‘390 states: A radar system comprising a FMCW radar system, a retrofit transmit/receive module connected to the FMCW radar system, and an antenna connected to the retrofit transmit/receive module, wherein: the FMCW radar system comprises a transmitter, a receiver connected to the transmitter, analog-to-digital converters connected to the receiver, a digital signal processor connected to the analog-to-digital converters, and a microcontroller connected to the digital signal processor and to the transmitter; the retrofit transmit/receive module comprises a transmit channel and a receive channel; the transmit channel comprises a transmit switch that is connected to the transmitter and to the microcontroller; and the receive channel comprises a first receive switch that is connected to the receiver and to the microcontroller, wherein the microcontroller is further configured to: control switching states of the transmit switch and the first receive switch to enable selective operation in an FMCW mode or in either of a pulsed search mode or pulsed tracking mode; and control the transmitter in the pulsed search mode to generate successive linear frequency-modulated sweep signals and control the switching states of the transmit switch and first receive switch so that the transmit switch is open when the first receive switch is closed and the transmit switch is closed when the first receive switch is open during each linear frequency-modulated sweep signal.
As can be seen through the comparison, the only difference between the two claims is the word retrofitted used to describe the transmit/receive module. The differences between the claims are negligible and not significant enough to overcome a double patenting rejection.
Dependent Claims 22-26 and 29-31 of the current application are identical to Claim 9-13 of ‘390.
Allowable Subject Matter
Claims 27, 28 and 32-35 are allowed.
The following is an examiner’s statement of reasons for allowance: Referring to Claim 27, the prior art of record does not disclose nor suggest it be an obvious modification wherein the microcontroller is configured to: control switching states of the transmit switch and the first receive switch to enable selective operation in an FMCW mode or in either of a pulsed search mode or pulsed tracking mode; and control the transmitter in the pulsed tracking mode to generate successive odd- and even-numbered linear frequency-modulated sweep signals and control the switching states of the transmit switch and the first receive switch so that the transmit switch is closed and the first receive switch is open during generation of the odd-numbered linear frequency-modulated sweep signals and so that the transmit switch is open and the first receive switch is closed during generation of the even-numbered linear frequency-modulated sweep signals; Referring to Claim 32, the prior art of record does not disclose nor suggest it be an obvious modification wherein the microcontroller is configured to: control switching states of the transmit switch and the first receive switch to enable selective operation in an FMCW mode or in either of a pulsed search mode or pulsed tracking mode; and control the transmitter in the FMCW mode to generate successive linear frequency-modulated sweep signals and control the switching states of the transmit switch and first receive switch so that the transmit switch and first receive switch remain closed and are not opened during generation of the linear frequency-modulated sweep signals.
Claims 28 and 33-35 are dependent on Claims 27 and 32 and are allowed for the same reasons.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WHITNEY T MOORE whose telephone number is (571)270-3338. The examiner can normally be reached Monday-Friday from 7am-4pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jack Keith can be reached at (571) 272-6878. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WHITNEY MOORE/Primary Examiner, Art Unit 3646
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