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 .
Allowable Subject Matter
Claim 9 is 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 claims (claims 5-8) and any intervening claims.
Reasons for Indicating Allowable Subject Matter
Claims 9 and subsequently claims 10-19 are allowable due to its dependency upon claim 9.
The following is an examiner’s statement of reasons for indicating allowable subject matter:
The following prior art previously made of record is considered pertinent to the reasons of allowance:
Haskins (US 2012/0252387) teaches sensors (abstract) comprising software-defined radio system ([0024]) and following limitations:
generate a digital complex baseband signal (baseband modulation to modulate complex baseband modulation [0064]);
convert the digital complex baseband signal to form an analogue baseband signal using the DAC (DACs [0036]);
modulate the analogue baseband signal with a carrier signal to provide the transmitted signal (modulator [0036]; [0060]);
demodulate the received signal to obtain in-phase and quadrature (IQ) components associated with the digital complex baseband signal (baseband in-phase and quadrature data waveforms generated [0036]; I/Q modulator [0069]); and
digitise the obtained IQ components (ADCs to digitize the signals).
However, the prior art previously and currently made of record fails to disclose or make obvious the limitation “allowable limitation” in combination with the rest of the limitations of claims 1 and 5-8. There is no reason absent hindsight to have combined and modified teachings of the cited references before the effective filing date of the claimed invention for a user to combine/modify prior arts in order to produce the claimed invention. Furthermore, such a configuration allows unwrapping the decimated phase shift signal to obtain a time-varying phase signal advantages claimed by present invention.
Therefore, claim(s) 9 overcome(s) previously and currently cited prior art and is/are found to be allowable.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 1 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over “Tseng et al.,” “Noncontact Vital- Sign Radar Sensor Using Metamaterial-Based Scanning Leaky-Wave Antenna,” IEEE 2016 (hereinafter Tseng) and “Shugayev et al.,” US 2023/0243760 (hereinafter Shugayev).
Regarding to claim 1, Tseng teaches a sensor for non-contact sensing of a physiological parameter of a body (noncontact vital-sign radar sensor),
the sensor comprising: a waveguide (waveguide, abstract ), the waveguide comprises a metamaterial (a metamaterial antenna, I. Introduction 2nd paragraph Col. 1 page 1) and is configured to receive a transmitted signal and to propagate the transmitted signal (transmitting and receiving antennas, Col. 2 page 1) to produce an evanescent electromagnetic field and to provide a received signal (antenna (evanescent electromagnetic field works like an antenna), electromagnetic wave hits the target, Col. 2 III. Doppler radar module circuitry, page 2),
wherein the waveguide is placed at a predetermined distance away from the body for non-contact sensing of a perturbation produced by a physiological motion of the body using the evanescent electromagnetic field (Figure 5 shows sensor in a predetermined distance from the body for measuring heartbeats), the perturbation produces a phase shift between the transmitted signal and the received signal for use in determining the physiological parameter of the body (electromagnetic wave hits the moving target, the wave will be scattered back with a Doppler frequency shift Col. 2 page 2; respiration and heartbeat rates measured, IV. Experimental Results page 3 Col. 1).
Tseng does not explicitly disclose details of spoof surface plasmon mode along the waveguide.
However, in the analogous field of endeavor in wireless sensors, Ho teaches a metamaterial sensor configuration exchange energy and information through the evanescent field ([0078]).
However, in the analogous field of endeavor in wireless sensors, Shugayev teaches a waveguide material include metamaterials that changes phase upon detection ([0048]), and operate as a wireless spoof plasmon sensor ([0091]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify metamaterial antenna as taught by Tseng to incorporate teaching of Shugayev, since spoof plasmon sensor was well known in the art as taught by Shugayev. One of ordinary skill in the art could have combined the elements as claimed by Tseng with no change in their respective functions, configuring its metamaterial surface to comprise a waveguide defining a plurality of spoof plasmon cavities ([0009]), and the combination would have yielded nothing more than predictable results to one of ordinary skill in the art before the effective filing date of the claimed invention. The motivation would have been to increase electromagnetic field localization on the surface to detect change in electromagnetic field ([0008] and [0011]), and there was reasonable expectation of success.
Regarding to claim 20, Tseng teaches a method for non-contact sensing of a physiological parameter of a body using one or more sensors (noncontact vital-sign radar sensor), wherein each of the one or more sensors comprises a waveguide (waveguide, abstract), the waveguide comprises a metamaterial (a metamaterial antenna, I. Introduction 2nd paragraph Col. 1 page 1) and is configured to propagate a transmitted signal to produce an evanescent electromagnetic field and to provide a received signal (antenna (evanescent electromagnetic field works like an antenna), electromagnetic wave hits the target, Col. 2 III. Doppler radar module circuitry, page 2), the evanescent electromagnetic field being used for non-contact sensing of a perturbation produced by a physiological motion of the body (cardiac and respiratory page 3 Col. 1), the method comprising:
(i) placing the waveguide at a predetermined distance away from the body for non-contact sensing of the perturbation (Figure 5 shows sensor in a predetermined distance from the body for measuring heartbeats);
(ii) providing the transmitted signal to the waveguide (transmitting and receiving antennas, Col. 2 page 1) electromagnetic wave hits the moving target, Col. 2 page 2).;
(iii) receiving the received signal from the waveguide (transmitting and receiving antennas, Col. 2 page 1, the wave will be scattered back with a Doppler frequency shift); and
(iv) processing the received signal and the transmitted signal to determine a phase shift between the transmitted signal and the received signal caused by the perturbation for determining the physiological parameter of the body (electromagnetic wave hits the moving target, the wave will be scattered back with a Doppler frequency shift Col. 2 page 2; respiration and heartbeat rates measured, IV. Experimental Results page 3 Col. 1).
Tseng does not explicitly disclose details of spoof surface plasmon mode along the waveguide.
However, in the analogous field of endeavor in wireless sensors, Ho teaches a metamaterial sensor configuration exchange energy and information through the evanescent field ([0078]).
However, in the analogous field of endeavor in wireless sensors, Shugayev teaches a waveguide material include metamaterials that changes phase upon detection ([0048]), and operate as a wireless spoof plasmon sensor ([0091]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify metamaterial antenna as taught by Tseng to incorporate teaching of Shugayev, since spoof plasmon sensor was well known in the art as taught by Shugayev. One of ordinary skill in the art could have combined the elements as claimed by Tseng with no change in their respective functions, configuring its metamaterial surface to comprise a waveguide defining a plurality of spoof plasmon cavities ([0009]), and the combination would have yielded nothing more than predictable results to one of ordinary skill in the art before the effective filing date of the claimed invention. The motivation would have been to increase electromagnetic field localization on the surface to detect change in electromagnetic field ([0008] and [0011]), and there was reasonable expectation of success.
Claims 2-4 are rejected under 35 U.S.C. 103 as being unpatentable over Tseng and Shugayev as applied to claim 1 above, and further in view of “Ho et al.,” WO 2020/081010 (hereinafter Ho).
Regarding to claim 2, Tseng and Shugayev together teach all limitations of claim 1 as set forth above.
Tseng and Shugayev do disclose metamaterial, but does not explicitly teach wherein the waveguide comprises a sensing layer on a sensing side of the waveguide adapted to detect the perturbation produced by the physiological motion of the body, a grounding layer on an opposite side to the sensing side, and a non-electrically conductive layer sandwiched between the sensing layer and the grounding layer, wherein the grounding layer is configured to confine the evanescent electromagnetic field to the sensing side of the waveguide.
However, in the analogous field of endeavor in wireless sensors using metamaterials, Ho teaches metamaterial sensor configuration comprising waveguide comprises a sensing layer on a sensing side of the waveguide adapted to detect the perturbation produced by the physiological motion of the body, a grounding layer on an opposite side to the sensing side, and a non-electrically conductive layer sandwiched between the sensing layer and the grounding layer, wherein the grounding layer is configured to confine the evanescent electromagnetic field to the sensing side of the waveguide (sensing layer of metamaterial 110 top, non-conductive layer 112 in middle, and a protective conductive layer 114 at bottom [0080]; exchange energy and information through the evanescent field of surface waves [0078]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify metamaterial antenna as taught by Tseng and Shugayev to incorporate teaching of Ho, since multiple layers of metamaterial, non-conductive and ground layer was well known in the art as taught by Hong. One of ordinary skill in the art could have combined the elements as claimed by Tseng and Shugayev with no change in their respective functions, configuring its metamaterial layer to be supported by beneath non-conductive layer and a ground layer, and the combination would have yielded nothing more than predictable results to one of ordinary skill in the art before the effective filing date of the claimed invention. The motivation would have been to ensure signals to propagate along the comb shaped metamaterial with little to no signal loss ([0082]), and there was reasonable expectation of success.
Regarding to claim 3, Tseng, Shugayev, and Ho together teach all limitations of claim 2 as set forth above.
Ho further teaches wherein the sensing layer comprises a comb-shaped rectangular strip, the comb-shaped rectangular strip having an elongated base and a plurality of teeth extending along and from the elongated base, wherein adjacent teeth of the plurality of teeth is separated by a gap ([0079]).
Regarding to claim 4, Tseng, Shugayev, and Ho together teach all limitations of claim 3 as set forth above.
Ho further teaches wherein a height of the plurality of teeth measured from the elongated base is adapted to vary a degree of wavelength confinement of the spoof surface plasmon mode (controlling height of the waves by changing number and dimensions of teeth [0012]).
Claims 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Tseng and Shugayev as applied to claim 1 above, and further in view of “Haskins et al.,” US 2012/0252387 (hereinafter Haskins).
Regarding to claim 5, Tseng and Shugayev together teach all limitations of claim 1 as set forth above.
Tseng and Shugayev teach the system comprising one or more sensors according to claim 1 but does not further disclose a software-defined radio (SDR) system configured to provide the transmitted signal and to receive the received signal.
However, in the analogous field of endeavor in sensors, Haskins teaches sensors (abstract) comprising software-defined radio system ([0024]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify metamaterial antenna as taught by Tseng and Shugayev to incorporate teaching of Haskins, since a software-defined radio system was well known in the art as taught by Haskins. One of ordinary skill in the art could have combined the elements as claimed by Tseng and Shugayev with no change in their respective functions, using a software-defined radio system in sensor, and the combination would have yielded nothing more than predictable results to one of ordinary skill in the art before the effective filing date of the claimed invention. The motivation would have been to provide agile, flexible, low-noise timing and frequency conversion signals ([0011]), and there was reasonable expectation of success.
Regarding to claim 6, Tseng, Shugayev, and Haskins together teach all limitations of claim 5 as set forth above.
Hanskins further disclose wherein the SDR system includes a digital-to-analogue converter (DAC) (digital-to-analog converters [0027]), the SDR system is configured to:
generate a digital complex baseband signal (baseband modulation to modulate complex baseband modulation [0064]);
convert the digital complex baseband signal to form an analogue baseband signal using the DAC (DACs [0036]);
modulate the analogue baseband signal with a carrier signal to provide the transmitted signal (modulator [0036]; [0060]);
demodulate the received signal to obtain in-phase and quadrature (IQ) components associated with the digital complex baseband signal (baseband in-phase and quadrature data waveforms generated [0036]; I/Q modulator [0069]); and
digitise the obtained IQ components (ADCs to digitize the signals).
Claims 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Tseng, Shugayev, and Hanskins as applied to claim 6 above, and further in view of “Agee,” US 2017/0350985 (hereinafter Agee).
Regarding to claims 7-8, Tseng, Shugayev, and Hanskins together teach all limitations of claim 6 as set forth above.
Tseng, Shugayev, and Hanskins do not further disclose wherein the SDR system is configured to perform complex conjugate multiplication of the digital complex baseband signal and the digitized IQ components to determine a phase shift signal associated with the phase shift between the transmitted signal and the received signal and wherein the SDR system is configured to filter the phase shift signal with a low-pass filter and to down-sample the filtered phase shift signal to form a decimated phase shift signal.
However, in the analogous field of digital signal processing, Agee teaches digital signal processing comprising a complex mixer which multiples the output signal by conjugate of complex signals, creating a complex signal with I and Q components, down converted by frequency shift ([0077]-[0080]) and wherein the SDR system is configured to filter the phase shift signal with a low-pass filter and to down-sample the filtered phase shift signal to form a decimated phase shift signal ([0081]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify metamaterial antenna as taught by Tseng and Shugayev to incorporate teaching of Agee, since a software-defined radio system was well known in the art as taught by Agee. One of ordinary skill in the art could have combined the elements as claimed by Tseng and Shugayev with no change in their respective functions, processing digital signal by multiplying the signal with conjugate of the complex signal and lowpass filtering, and the combination would have yielded nothing more than predictable results to one of ordinary skill in the art before the effective filing date of the claimed invention. The motivation would have been to remove unwanted signal from complex down converted signal, yielding analog scalar complex-baseband signal ([0081]), and there was reasonable expectation of success.
Conclusion
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/PATRICIA J PARK/
Primary Examiner, Art Unit 3798
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