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 .
Claim Objections
Claim 20 is objected to because of the following informalities: The recitation “causing a computer to execute image process” lacks proper grammar and/or punctuation. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claims 1-20 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claim 1 recites “processing circuitry configured to: periodically acquire echo data…and track the target” which is indefinite, because it is unclear how the processing circuitry alone can acquire echo data and track a target. Both activities would necessarily require equipment independent of and discrete from such processing circuitry, such as an antenna for receiving radar pulses. However, currently the claim encompasses circuitry that can “acquire echo data” and “track the target” without the use of any external equipment, which is outside the scope of the claimed invention. Claims 19-20 are likewise rejected, and dependent claims 2-18 fail to cure the deficiency.
Claim 1 recites “the detection area” which is indefinite for lack of proper antecedent basis. Claims 19-20 are likewise rejected, and dependent claims 2-18 fail to cure the deficiency.
Claim 1 recites “the level of the reflected wave at which the electromagnetic wave transmitted through an antenna is reflected at the position” which is indefinite for three reasons. First, the meaning of “the level of the reflected wave” is unclear. What level is being referred to? Second, there is a lack of antecedent basis for “the reflected wave.” Third, there is a lack of antecedent basis for “the electromagnetic wave.” Claims 19-20 are likewise rejected, and dependent claims 2-18 fail to cure the deficiency.
Claim 1 recites “calculate each fluctuation value of the potential target based on the acquired echo data of the potential target at each timing acquired the echo data” which is indefinite for three reasons. First, it is unclear what a fluctuation value is or how it is related to the acquired echo data, such that the fluctuation value is based on the echo data. Second, there is a mismatch between the claimed “the potential target” and the previously recited “one or a plurality of potential targets.” Second, “at each timing acquired the echo data” is unclear. Claims 19-20 are likewise rejected, and dependent claims 2-18 fail to cure the deficiency.
Claim 3 recites “the processing circuitry is configured to calculate the fluctuation value based on the area of the region formed by the end points when the velocity vectors share a common base point” which is indefinite, because it is unclear whether or not the “end points” are an element of the target tracking apparatus, or whether they are instead part of some calculation of which the target tracking apparatus is capable.
Claim 6 recites “determine a fluctuation threshold based on the size of the potential target” which is indefinite, because it is unclear if the processing circuitry has prior knowledge of the size of the potential target, or whether the processing circuitry is also determining the size of the target.
Claim Rejections - 35 USC § 102
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 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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-2, 4-5, and 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lin et al. (CN 114063055 A), hereinafter Lin.
Regarding claim 1, Lin discloses a target tracking apparatus for tracking a target on the water (abstract, regarding a moving target detection method and implementation system in a strong clutter environment on the sea surface), comprising:
processing circuitry configured to:
periodically acquire echo data indicating a correspondence relationship between a position in the detection area and the level of the reflected wave at which the electromagnetic wave transmitted through an antenna is reflected at the position (p. 3 of translation, referred to hereinafter, regarding compare the radar echo data to be measured with a sample library, and perform clutter and clutter detection; through the multi-frame scanning of the radar, the radar data to be tested is compared with the sample library to initially separate the target or update the sample library);
extract one or a plurality of potential targets to be tracked based on the level of the echo data (p. 4, regarding detect the target based on the preliminary separation of the clutter and the target);
calculate each fluctuation value of the potential target based on the acquired echo data of the potential target at each timing acquired the echo data (p. 7, regarding statistical analysis is performed based on the clutter background and the characteristics of various targets, and relevant thresholds and parameters are adaptively adjusted to detect and track various targets, thereby improving the detection and tracking capabilities of various targets);
determine a target to be tracked based on the fluctuation value (p. 8, regarding a parallel detection method for moving targets and stationary targets is formed, which are respectively input to the multi-hypothesis tracking module for further tracking processing; the tracking processing module can further reduce the false alarm rate and the false alarm rate of the track); and
track the target (p. 9, regarding as seen by tracking water surface floats, the system can track targets with little reflection and slow motion).
Regarding claim 2, Li discloses the invention in claim 1, and further discloses wherein: the processing circuitry is configured to calculate the fluctuation value based on the change in the velocity vector of the potential target calculated based on the position of the potential target acquired at each successive timing (p. 8, regarding the distribution of the sliding window meeting the threshold in the large candidate area can be further counted; if there is only one sliding window in the large candidate area, the velocity vector of this point can be counted for the next frame to appropriately change the large candidate; the shape of the area to greatly reduce the amount of sliding window calculation).
Regarding claim 4, Li discloses the invention in claim 1, and further discloses wherein: the processing circuitry is configured to select the potential target as a target to be tracked, whose fluctuation value is less than a fluctuation threshold (see again p. 8).
Regarding claim 5, Li discloses the invention in claim 1, and further discloses wherein: the processing circuitry is configured to select the potential target having the smallest fluctuation value as a target to be tracked (see again p. 8).
Regarding claim 18, Li discloses the invention in claim 1, and further discloses the invention further comprising: a memory including a computer code configured to, when executed by the processing circuitry, cause the apparatus to: periodically acquire echo data indicating a correspondence relationship between a position in the detection area and the level of the reflected wave at which the electromagnetic wave transmitted through an antenna is reflected at the position; extract one or a plurality of potential targets to be tracked based on the level of the echo data; calculate each fluctuation value of the potential target based on the acquired echo data of the potential target at each timing acquired the echo data; determined a target to be tracked based on the fluctuation value; and track the target (see rejection of claim 1 detailed hereinabove).
Regarding claim 19, Lin discloses a target tracking method for tracking target on the water, comprising:
periodically acquiring echo data indicating a correspondence relationship between a position in the detection area and the level of the reflected wave at which the electromagnetic wave transmitted through an antenna is reflected at the position (see again p. 3);
extracting one or a plurality of potential targets to be tracked based on the level of the echo data (see again p. 4);
calculating each fluctuation value of the potential target, based on the change in the velocity vector of the potential target calculated based on the position of the potential target acquired at each successive timing (see again p. 7);
determining a target to be tracked based on the fluctuation value (see again p. 8); and
tracking the target (see again p. 9).
Regarding claim 20, Lin discloses a non-transitory computer readable medium storing a program causing a computer to execute image process, the image process comprising:
periodically acquiring echo data indicating a correspondence relationship between a position in the detection area and the level of the reflected wave at which the electromagnetic wave transmitted through an antenna is reflected at the position (see again p. 3);
extracting one or a plurality of potential targets to be tracked based on the level of the echo data (see again p. 4);
calculating each fluctuation value of the potential target based on the acquired echo data of the potential target acquired at each timing (see again p. 7);
determining a target to be tracked based on the fluctuation value (see again p. 8); and
tracking the target (see again p. 9).
Allowable Subject Matter
Claims 3 and 6-17 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) set forth in this Office action and to include all of the limitations of the base claim and any intervening claims. Specifically, the prior art does not appear to teach the combined limitations of said dependent claims.
Conclusion
The cited references made of record in the contemporaneously filed PTO-892 form and not relied upon in the instant office action are considered pertinent to applicant's disclosure, and may have one or more of the elements in Applicant’s disclosure and at least claim 1.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRADY W FRAZIER whose telephone number is (469)295-9263. The examiner can normally be reached Monday-Friday 9:00am-5:00pm CT.
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/BRADY W FRAZIER/Primary Examiner, Art Unit 3648
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