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 .
DETAILED ACTION
The application of Hans-Juergen Pirch for Ultra-Wide Band Radar For Tailgating Detection In An Access Control Systems filed 10/02/24 has been examined. Claims 1-20 are pending.
Specification
The abstract of the disclosure is objected to because there are some extra characters at the bottom of abstract page. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
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).
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Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 12136308 in view of Kincaid US Patent Application Publication 20210158637.
Claim 1 include the limitation of claim 1 of US Patent No. 12136308 but is silent on claiming the limitation of the reader device include an OOB physical interface and establish an OOB communication channel with a second device using the OOB physical layer. Kincaid in an analogous art teaches a reader device that includes an UWB physical interface (paragraph 017,032,034-035,045-046), OOB physical interface (low frequency, Bluetooth, paragraph 035, 045,051), and establish an OOB communication channel with a second device using the OOB physical layer (paragraph 035).
It would have been obvious to one of ordinary skill in the art to modify claim 1 of US Patent No. 12136308 as disclosed by Kincaid because such modification represents a power saving means.
Claim 2 include the limitation of claim 7 of US Patent 12136308 but is silent on claiming a correlator for determining a channel impulse response. Yang et al. in an analogous art teaches the use of a correlator to determine the channel impulse response (paragraph 062) further representing a reliable and efficient means for determining the channel impulse response.
Claim 3 include the limitations of claim 7 of US Patent 12136308 but is silent on claiming performing deconvolution of the specified pulse pattern. Armstrong in an analogous art teaches transmitting specified preamble symbols in the transmitted UWB signal, and performing deconvolution of the specified preamble symbols to more effectively determine the reflected UWB signal (paragraph 075).
Claim 4 is equivalent to claim 8 of US 12136308.
Claim 5 is equivalent to claim 2 of US 12136308.
Claim 6 is equivalent to claim 6 of US 12136308.
Claim 7 is equivalent to claim 2 of US 12136308.
The limitation of claim 8 is included claim 1 of US 12136308
Claim 9 include the limitation of claim 9 of US Patent No. 12136308 but is silent on claiming the limitation of an OOB physical interface and establish an OOB communication channel with a second device using the OOB physical layer. Kincaid in an analogous art teaches a reader device that includes an UWB physical interface (paragraph 017,032,034-035,045-046), OOB physical interface (low frequency, Bluetooth, paragraph 035, 045,051), and establish an OOB communication channel with a second device using the OOB physical layer (paragraph 035).
It would have been obvious to one of ordinary skill in the art to modify claim 9 of US Patent No. 12136308 as disclosed by Kincaid because such modification represents a power saving means.
Claims 10-12 include the limitation of claims 11-12 of US Patent 12136308.
The limitations of claim 13 are included in the limitation of claim 9 US Patent 12136308.
Claim 14 is equivalent to claim 10 of US 12136308.
The limitations of claim 15 are included in the limitation of claim 9 US Patent 12136308.
Claim 16 include the limitation of claim 18 of US Patent No. 12136308 but is silent on claiming the limitation of an OOB physical interface and establish an OOB communication channel with a second device using the OOB physical layer. Kincaid in an analogous art teaches a reader device that includes an UWB physical interface (paragraph 017,032,034-035,045-046), OOB physical interface (low frequency, Bluetooth, paragraph 035, 045,051), and establish an OOB communication channel with a second device using the OOB physical layer (paragraph 035).
It would have been obvious to one of ordinary skill in the art to modify claim 9 of US Patent No. 12136308 as disclosed by Kincaid because such modification represents a power saving means.
Claims 17-19 include the limitation of claims 19 of US Patent 12136308
Regarding claim 20, the limitations of claim 20 are included in claim 18 of US Patent 12136308.
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) 1, 5-11, and 13-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kincaid US Patent Application Publication 20210158637 in view of Jeon et al. US Patent Application Publication 20150124923.
Regarding claim 1, Kincaid teaches a reader device of an access control system, the reader device comprising: an ultra-wide band (UWB) physical layer (paragraph 017,032,034-035,045-046); an out of band (OOB) physical layer ; and processing circuitry operatively coupled to the OOB physical layer (low frequency, Bluetooth, paragraph 035, 045,051) and the UWB physical layer and configured to: establish an OOB communication channel with a separate second device using the OOB physical layer (paragraph 035,061); receive access credential information from the second device using the OOB communication channel (paragraph 059-061); use two-way ranging to receive ranging information from the second device using the UWB physical layer (010-011,013,023,053); grant access to a resource according to the access credential information and ranging information (paragraph 054). Kincaid is silent on teaching receiving a reflected signal using the UWB physical layer that corresponds to the transmitted signal reflecting off an object; and determine the number of people intending to pass through the physical portal using the received reflected signal. Jeon et al. in an analogous art teaches receiving a reflected signal using the UWB physical layer that corresponds to the transmitted signal reflecting off an object; and determine the number of people intending to pass through the physical portal using the received reflected signal (paragraph 063,072-075).
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the system the system of Kincaid as disclosed by Jeon because such modification represents the substation of known means for counting people for another known means for producing the predictable result of the number of people in a given area.
Regarding claim 5, Kincaid is silent on teaching detecting, by the reader device, a change in a number of received reflected signals that correspond to the transmitted UWB signal reflecting off one or more objects; and generating an alert according to the change in the number of received reflected signals. eon et al. in an analogous art teaches receiving a reflected signal using the UWB physical layer that corresponds to the transmitted signal reflecting off an object; and determine the number of people intending to pass through the physical portal using the received reflected signal (paragraph 063,072-075).
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the system the system of Kincaid as disclosed by Jeon because such modification represents the substitution of one known means for counting people for another known means for producing the predictable result of the number of people in a given area.
Regarding claim 6, Kincaid teaches the processing circuitry is configured to: open a UWB communication channel with the second device; and switch to communication with the second device using the UWB communication channel when the access credential information is authenticated (paragraph 059,061).
Regarding claim 7, Kincaid teaches authenticating, by the reader device, the access credential information; initiating the two-way ranging in response to the authenticating of the access credential information; and selectively granting the access to the resource according to the number of persons detected by the reader device (paragraph 059-061).
Regarding claim 8, Kincaid teaches a network interface operatively coupled to the processing circuit and providing an alert regarding the detected number of persons (paragraph 054) is silent on teaching detecting, by the reader device, a change in a number of received reflected signals that correspond to the transmitted UWB signal reflecting off one or more objects; and generating an alert according to the change in the number of received reflected signals. eon et al. in an analogous art teaches receiving a reflected signal using the UWB physical layer that corresponds to the transmitted signal reflecting off an object; and determine the number of people intending to pass through the physical portal using the received reflected signal (fig. 10, paragraph 063,072-075).
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the system the system of Kincaid as disclosed by Jeon because such modification represents the substitution of one known means for counting people for another known means for producing the predictable result of the number of people in a given area.
Regarding claim 9, Kincaid teaches a method of operating a reader device to control access to a resource, the method comprising: receiving access credential information at an ultra-wide band (UWB) capable reader device from a UWB capable credential device of a user using an out of band (OOB) communication channel established between the UWB capable reader device and the UWB capable credential device (paragraph 032,035-036);
using two-way UWB ranging to receive ranging information at the UWB capable reader device from the UWB capable credential device (010-011,013,023,053); granting access to the resource according to the access credential information and ranging information; transmitting a UWB signal using the UWB capable reader device (paragraph 052). Kincaid is silent on teaching receiving a reflected signal using the UWB physical layer that corresponds to the transmitted signal reflecting off an object; and determine the number of people intending to pass through the physical portal using the received reflected signal. Jeon et al. in an analogous art teaches receiving a reflected signal using the UWB physical layer that corresponds to the transmitted signal reflecting off an object; and determine the number of people intending to pass through the physical portal using the received reflected signal (paragraph 063,072-075).
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the system the system of Kincaid as disclosed by Jeon because such modification represents the substation of known means for counting people for another known means for producing the predictable result of the number of people in a given area.
Regarding claim 10-11, Kincaid is silent on teaching estimating a channel impulse response (CIR) of the reflected signal using the specified pattern of RF signal pulses included in the reflected signal and determine the number of people using the estimated CIR of the reflected signal. Jeon et al. in an analogous art teaches the processing circuitry (202) is configured to: include a specified pattern of radio frequency (RF) signal pulses in the transmit signal (a generator is used to generate a specific impulse signal, paragraph 025); estimate a channel impulse response (CIR) of the reflected signal using the specified pattern of RF signal pulses included in the reflected signal and determine the number of people using the estimated CIR of the reflected signal (the channel impulse response is determine by compensating the reflected signal with a compensating signal and determine the number of time the compensated reflected signal cross a threshold, paragraph 085-88).
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the system the system of Kincaid as disclosed by Jeon because such modification represents the substation of known means for counting people for another known means for producing the predictable result of the number of people in a given area.
Regarding claim 13, Kincaid is silent on teaching detecting, by the reader device, a change in a number of received reflected signals that correspond to the transmitted UWB signal reflecting off one or more objects; and generating an alert according to the change in the number of received reflected signals. eon et al. in an analogous art teaches receiving a reflected signal using the UWB physical layer that corresponds to the transmitted signal reflecting off an object; and determine the number of people intending to pass through the physical portal using the received reflected signal (paragraph 063,072-075).
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the system the system of Kincaid as disclosed by Jeon because such modification represents the substitution of one known means for counting people for another known means for producing the predictable result of the number of people in a given area.
Regarding claim 14, Kincaid teaches the reader device opening the UWB communication channel with the second device when the access credential information received via the OOB communication channel is authenticated and switching to communicating with the second device using the UWB communication channel (paragraph 059,061).
Regarding claim 15, Kincaid teaches authenticating, by the reader device, the access credential information; initiating the two-way ranging in response to the authenticating of the access credential information; and selectively granting the access to the resource according to the number of persons detected by the reader device (paragraph 059-061).
Regarding claim 16, Kincaid teaches a non-transitory computer-readable storage medium including instructions that, when executed by processing circuitry of an ultra-wide band (UWB) capable device (paragraph 032,034), cause the UWB capable device to perform acts comprising: receiving access credential information from a separate second device using an out of band (OOB) communication channel established between the UWB capable device and the second device (paragraph 061); using two-way UWB ranging to receive ranging information from the second device (determine location, paragraph 010-011,013,023, 053); granting access to a resource according to the access credential information and ranging information (paragraph 054). Kincaid is silent on teaching receiving a reflected signal using the UWB physical layer that corresponds to the transmitted signal reflecting off an object; and determine the number of people intending to pass through the physical portal using the received reflected signal. Jeon et al. in an analogous art teaches receiving a reflected signal using the UWB physical layer that corresponds to the transmitted signal reflecting off an object; and determine the number of people intending to pass through the physical portal using the received reflected signal (paragraph 063,072-075).
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the system the system of Kincaid as disclosed by Jeon because such modification represents the substation of known means for counting people for another known means for producing the predictable result of the number of people in a given area.
Regarding claim 17-18, Kincaid is silent on teaching estimating a channel impulse response (CIR) of the reflected signal using the specified pattern of RF signal pulses included in the reflected signal and determine the number of people using the estimated CIR of the reflected signal. Jeon et al. in an analogous art teaches the processing circuitry (202) is configured to: include a specified pattern of radio frequency (RF) signal pulses in the transmit signal (a generator is used to generate a specific impulse signal, paragraph 025); estimate a channel impulse response (CIR) of the reflected signal using the specified pattern of RF signal pulses included in the reflected signal and determine the number of people using the estimated CIR of the reflected signal (the channel impulse response is determine by compensating the reflected signal with a compensating signal and determine the number of time the compensated reflected signal cross a threshold, paragraph 085-88).
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the system the system of Kincaid as disclosed by Jeon because such modification represents the substation of known means for counting people for another known means for producing the predictable result of the number of people in a given area.
Regarding claim 20, Kincaid is silent on teaching detecting, by the reader device, a change in a number of received reflected signals that correspond to the transmitted UWB signal reflecting off one or more objects; and generating an alert according to the change in the number of received reflected signals. eon et al. in an analogous art teaches receiving a reflected signal using the UWB physical layer that corresponds to the transmitted signal reflecting off an object; and determine the number of people intending to pass through the physical portal using the received reflected signal (paragraph 063,072-075).
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the system the system of Kincaid as disclosed by Jeon because such modification represents the substitution of one known means for counting people for another known means for producing the predictable result of the number of people in a given area.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kincaid US Patent Application Publication 20210158637 in view of Jeon et al. US Patent Application Publication 20150124923 and further in view of Yang et al. US Patent Application Publication 20190098507.
Regarding claim 2, Kincaid is silent on teaching estimating a channel impulse response (CIR) of the reflected signal using the specified pattern of RF signal pulses included in the reflected signal and determine the number of people using the estimated CIR of the reflected signal. Jeon et al. in an analogous art teaches the processing circuitry (202) is configured to: include a specified pattern of radio frequency (RF) signal pulses in the transmit signal (a generator is used to generate a specific impulse signal, paragraph 025); estimate a channel impulse response (CIR) of the reflected signal using the specified pattern of RF signal pulses included in the reflected signal and determine the number of people using the estimated CIR of the reflected signal (the channel impulse response is determine by compensating the reflected signal with a compensating signal and determine the number of time the compensated reflected signal cross a threshold, paragraph 085-88). Jeon is not explicit in teaching the use of a correlator to determine the channel response. Yang et al. in an analogous art teaches the use of a correlator to determine the channel impulse response (paragraph 062)
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the system the system of Kincaid as disclosed by Jeon in view of Yang because such modification represents the substation of known means for counting people for another known means for producing the predictable result of the number of people in a given area.
Claim(s) 3-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kincaid US Patent Application Publication 20210158637 in view of Jeon et al. US Patent Application Publication 20150124923 in view of Yang et al. US Patent Application Publication 20190098507 and further in view of Armstrong US Patent Application Publication 2002/0063622.
Regarding claims 3-4, Kincaid is silent on teaching the reader device transmitting specified preamble symbols in the transmitted UWB signal, and performing deconvolution of the specified preamble symbols to determine the reflected UWB signal. Armstrong in an analogous art teaches transmitting specified preamble symbols in the transmitted UWB signal, and performing deconvolution of the specified preamble symbols to determine the reflected UWB signal (paragraph 075).
It would have been obvious to one of ordinary skill in the art to modify the system of Kincaid in view of Jeon in view of Yang as disclosed by Armstrong because such modification represents an improvement over the system of Kincaid in view of Jeon in view of Yang by providing the means for detecting the start of the data transmission and effective data recovery.
Claim(s) 12 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kincaid US Patent Application Publication 20210158637 in view of Jeon et al. US Patent Application Publication 20150124923 and further in view of Armstrong US Patent Application Publication 2002/0063622.
Regarding claim 12, Kincaid is silent on teaching the reader device transmitting specified preamble symbols in the transmitted UWB signal, and performing deconvolution of the specified preamble symbols to determine the reflected UWB signal. Armstrong in an analogous art teaches transmitting specified preamble symbols in the transmitted UWB signal, and performing deconvolution of the specified preamble symbols to determine the reflected UWB signal (paragraph 075).
It would have been obvious to one of ordinary skill in the art to modify the system of Kincaid in view of Jeon as disclosed by Armstrong because such modification represents an improvement over the system of Kincaid in view of Jeon by providing the means for detecting the start of the data transmission and effective data recovery.
Regarding claim 19, Kincaid is silent on teaching the reader device transmitting specified preamble symbols in the transmitted UWB signal, and performing deconvolution of the specified preamble symbols to determine the reflected UWB signal. Armstrong in an analogous art teaches transmitting specified preamble symbols in the transmitted UWB signal, and performing deconvolution of the specified preamble symbols to determine the reflected UWB signal (paragraph 075).
It would have been obvious to one of ordinary skill in the art to modify the system of Kincaid in view of Jeon as disclosed by Armstrong because such modification represents an improvement over the system of Kincaid in view of Jeon by providing the means for detecting the start of the data transmission and effective data recovery.
Conclusion
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/VERNAL U BROWN/Primary Examiner, Art Unit 2686