Prosecution Insights
Last updated: October 27, 2026
Application No. 18/909,957

POSITIONING SYSTEM AND VEHICLE INCLUDING POSITIONING SYSTEM, AND POSITIONING METHOD

Non-Final OA §102§103§112
Filed
Oct 09, 2024
Priority
Apr 26, 2022 — JP 2022-072710 +1 more
Examiner
BYTHROW, PETER M
Art Unit
3648
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Murata Manufacturing Co., Ltd.
OA Round
1 (Non-Final)
88%
Grant Probability
Favorable
1-2
OA Rounds
4m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allowance Rate
917 granted / 1043 resolved
+35.9% vs TC avg
Moderate +11% lift
Without
With
+10.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
14 currently pending
Career history
1064
Total Applications
across all art units

Statute-Specific Performance

§101
9.8%
-30.2% vs TC avg
§103
36.4%
-3.6% vs TC avg
§102
30.9%
-9.1% vs TC avg
§112
20.0%
-20.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1043 resolved cases

Office Action

§102 §103 §112
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 . Election/Restrictions Applicant’s election without traverse of Invention I (claims 1-14) in the reply filed on 09/22/2026 is acknowledged. Claim Objections Claim 11 is objected to because of the following informalities: claim 11 is recited as being dependent upon claim 3, however Examiner believes Applicant intended for claim 11 to depend from claim 10. 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. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 3-7, 10, 12-14 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claims 3 and 10 recite the limitation “the second transceiver” in the last line of the claims. There is insufficient antecedent basis for these limitations in the claims. Claims 3 and 10 depend from claims 1 and 8 respectively, however the disclosure of a second transceiver is recited in claims 2 and 9 respectively. Claim 4 is rejected at least for its dependence upon rejected claim 3. Claims 5-7 and 12-14 suffer the same antecedent basis issues as claims 3 and 10 above. Namely, the recitation of features of the second transceiver where no prior antecedent basis is present. 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 (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 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)(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. Claim(s) 1-4, 8-11 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Shabtay (US 2025/0172682, PCT Filed Mar 31, 2022). Claim 1: Shabtay discloses A positioning apparatus (para 0039, 0077) comprising: a first transceiver transmitting and receiving a radio wave; and a signal processing circuitry receiving a signal from the transceiver (para 0213-0222), wherein the first transceiver includes a first transmitter including a plurality of transmitting antennas for transmitting radio waves and a first receiver including a plurality of receiving antennas for receiving reflected waves (para 0070, 0078). Claim 2: Shabtay discloses a second transceiver (para 0200, 0201), wherein the second transceiver includes a second transmitter including a plurality of transmitting antennas for transmitting radio waves and a second receiver including a plurality of receiving antennas for receiving reflected waves from a target (para 0070, 0078), and the signal processing circuitry is connected to the first transceiver and the second transceiver (para 0213-0222) Claim 3: Shabtay discloses a mixer that mixes a transmission signal and a reception signal to generate an intermediate frequency signal (para 0137, 0138), and synchronization signal generation circuitry that synchronizes signal processing in a frequency band of the intermediate frequency signal between the first transceiver and the second transceiver (para 0213-0222, 0254, 0255, 0265-0269) Claim 4: Shabtay discloses an analog-to-digital converter (ADC) in the first transceiver, wherein the ADC converts the intermediate frequency signal to a digital signal and output to the signal processing circuitry (para 0117) Claim 8: Shabtay discloses A positioning system comprising a vehicle (para 0039, 0077), a positioning apparatus including a first transceiver transmitting and receiving a radio wave and signal processing circuitry (para 0213-0222),, wherein the positioning apparatus is mounted to the vehicle (para 0039, 0077), the first transceiver includes a first transmitter including a plurality of transmitting antennas for transmitting radio waves and a first receiver including a plurality of receiving antennas for receiving reflected waves (para 0070, 0078). Claim 9: Shabtay discloses a second transceiver (para 0200, 0201), wherein the second transceiver includes a second transmitter including a plurality of transmitting antennas for transmitting radio waves and a second receiver including a plurality of receiving antennas for receiving reflected waves from a target (para 0070, 0078), and the signal processing circuitry is connected to the first transceiver and the second transceiver (para 0213-0222) Claim 10: Shabtay discloses a mixer that mixes a transmission signal and a reception signal to generate an intermediate frequency signal (para 0137, 0138), and synchronization signal generation circuitry that synchronizes signal processing in a frequency band of the intermediate frequency signal between the first transceiver and the second transceiver (para 0213-0222, 0254, 0255, 0265-0269) Claim 11: Shabtay discloses an analog-to-digital converter (ADC) in the first transceiver, wherein the ADC converts the intermediate frequency signal to a digital signal and output to the signal processing circuitry (para 0117) 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claim(s) 5-7, 12-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shabtay (US 2025/0172682, PCT Filed Mar 31, 2022) as applied to claims 3 and 10 above, and further in view of Lim (US 10629998). Claim 5: Shabtay does not specifically disclose in the first transceiver, a physical distance between the first transmitter and first receiver is different from a physical distance between the second transmitter and second receiver. In the same field of endeavor, Lim discloses a vehicular radar system having plural arrays of transmitting and receiving elements (cvol 1 lines 27-45, col 2 lines 19 – col 3 lines 5) wherein in a first antenna group, a physical distance between the first transmitter and first receiver is different from a physical distance between the second transmitter and second receiver (fig 4, 8, 9, col 12 line 43 – col 13 line 32). It would have been obvious to modify the invention such that it comprised the above limitations, as taught by Lim in order to accommodate accurate short range and long range measurements for collision avoidance. Claim 6: Shabtay does not specifically disclose the physical distance between the first transmitter and first receiver is smaller than the physical distance between the second transmitter and second receiver. In the same field of endeavor, Lim discloses a vehicular radar system having plural arrays of transmitting and receiving elements (cvol 1 lines 27-45, col 2 lines 19 – col 3 lines 5) wherein the physical distance between the first transmitter and first receiver is smaller than the physical distance between the second transmitter and second receiver (fig 4, 8, 9, col 12 line 43 – col 13 line 32). It would have been obvious to modify the invention such that it comprised the above limitations, as taught by Lim in order to accommodate accurate short range and long range measurements for collision avoidance. Claim 7: Shabtay does not specifically disclose the physical distance between the first transmitter and first receiver is larger than the physical distance between the second transmitter and second receiver. In the same field of endeavor, Lim discloses a vehicular radar system having plural arrays of transmitting and receiving elements (cvol 1 lines 27-45, col 2 lines 19 – col 3 lines 5) wherein the physical distance between the first transmitter and first receiver is larger than the physical distance between the second transmitter and second receiver (fig 4, 8, 9, col 12 line 43 – col 13 line 32). It would have been obvious to modify the invention such that it comprised the above limitations, as taught by Lim in order to accommodate accurate short range and long range measurements for collision avoidance. Claim 12: Shabtay does not specifically disclose in the first transceiver, a physical distance between the first transmitter and first receiver is different from a physical distance between the second transmitter and second receiver. In the same field of endeavor, Lim discloses a vehicular radar system having plural arrays of transmitting and receiving elements (cvol 1 lines 27-45, col 2 lines 19 – col 3 lines 5) wherein in a first antenna group, a physical distance between the first transmitter and first receiver is different from a physical distance between the second transmitter and second receiver (fig 4, 8, 9, col 12 line 43 – col 13 line 32). It would have been obvious to modify the invention such that it comprised the above limitations, as taught by Lim in order to accommodate accurate short range and long range measurements for collision avoidance. Claim 13: Shabtay does not specifically disclose the physical distance between the first transmitter and first receiver is smaller than the physical distance between the second transmitter and second receiver. In the same field of endeavor, Lim discloses a vehicular radar system having plural arrays of transmitting and receiving elements (cvol 1 lines 27-45, col 2 lines 19 – col 3 lines 5) wherein the physical distance between the first transmitter and first receiver is smaller than the physical distance between the second transmitter and second receiver (fig 4, 8, 9, col 12 line 43 – col 13 line 32). It would have been obvious to modify the invention such that it comprised the above limitations, as taught by Lim in order to accommodate accurate short range and long range measurements for collision avoidance. Claim 14: Shabtay does not specifically disclose the physical distance between the first transmitter and first receiver is larger than the physical distance between the second transmitter and second receiver. In the same field of endeavor, Lim discloses a vehicular radar system having plural arrays of transmitting and receiving elements (cvol 1 lines 27-45, col 2 lines 19 – col 3 lines 5) wherein the physical distance between the first transmitter and first receiver is larger than the physical distance between the second transmitter and second receiver (fig 4, 8, 9, col 12 line 43 – col 13 line 32). It would have been obvious to modify the invention such that it comprised the above limitations, as taught by Lim in order to accommodate accurate short range and long range measurements for collision avoidance. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The additionally cited prior art comprises embodiments of plural transceiver radar systems having synchronization. Woodington (US 2004/0246170) discloses a vehicular radar system comprising plural transceivers Guarin (US 2022/0196826) discloses a radar system having plural synchronized transceivers Any inquiry concerning this communication or earlier communications from the examiner should be directed to PETER M BYTHROW whose telephone number is (571)270-1468. The examiner can normally be reached on Monday-Friday 830am-5pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Resha Desai can be reached at (571) 270-7792. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /PETER M BYTHROW/Primary Examiner, Art Unit 3648
Read full office action

Prosecution Timeline

Oct 09, 2024
Application Filed
Oct 13, 2026
Non-Final Rejection mailed — §102, §103, §112 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
88%
Grant Probability
98%
With Interview (+10.6%)
2y 4m (~4m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1043 resolved cases by this examiner. Grant probability derived from career allowance rate.

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