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 1, 14 objected to because of the following informalities: “ultra-wideband, UWB,” in claim 1 lines 2-3, claim 14 line 2, respectively. It appears that it should be “ultra-wideband (UWB)”. Appropriate corrections are required.
Claim 10 objected to because of typographical error: “claim 8” in line 1. It appears that “8” should be “9” because “directional antennas” is mentioned in claim 9. 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.
Claim 10 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.
Claim 10 recites the limitation "The guidance system of claim 8, wherein the directional antennas are millimeter wave, mmWave, antennas" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim because “directional antennas” is not defined or mentioned. Because the claim is indefinite and cannot be properly construed, for purposes of examination, this limitation is being interpreted as "The guidance system of claim [[8]] 9, wherein the directional antennas are millimeter wave, mmWave, antennas". Appropriate clarification is required.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 15 rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because claim 15 disclose non-statutory embodiments (under the broadest reasonable interpretation (BRI) of the claims when read in light of the specification and in view of one skilled in the art) and non-statutory subject matter is not eligible for patent protection.
Claim 15 recites “A computer program”, which covers transitory propagating signals. The transitory embodiments are not directed to statutory subject matter and not eligible for patent protection. The claims do not limit the program to the statutory embodiments. The BRI of “A computer program” encompasses non-statutory transitory forms of signal transmission, such as a propagating signal per se. When the BRI of a claim covers a signal per se, the claim must be rejected under 35 U.S.C. §101 as covering non-statutory subject matter. See In re Nuijten, 500 F.3d 1346, 1356-1357 (Fed. Cir. 2007) (a transitory, propagating signal does not fall within any statutory category). Thus, a claim to “A computer program” that can be a carrier wave covers a non-statutory embodiment and therefore should be rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter. So claim 15 fail step 1 of the eligibility analysis for “the four categories of statutory subject matter”, that is claim 15 failures to fall within a statutory class.
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.
Claims 1-14, 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Williams (US5,818,381, hereafter Williams) in view of McEwan (US5,361,070, hereafter McEwan).
Regarding claim 1, Williams (‘381) discloses that A guidance system {title (ELECTRONIC VIEWING AID); Fig.1; col.1 lines 50-51 (using the personal radar system); col.2 lines 65-66(Fig.1, radar system of an electronic viewing aid)}, comprising:
a body-wearable device {Fig.5; col.1 lines 49-51 (radar front end assembly is adapted to be worn on the head of the user, i.e., the person using the personal radar system)}, said body-wearable device comprising an {Fig.1; Fig.5; Fig.17; col.2 lines 65-66(Fig.1, radar system of an electronic viewing aid); col.12 lines 63-67 (Fig.17, the reference numerals 308 indicate antenna radiation patterns for the transmit and receive antennae. duplexer (a Tx/Rx switch) 326 is coupled to the antennae, and receives a transmitter signal from a transmitter 324.); col.13 lines 5-6 (The reflected signal from a detected object received by the antennae)};
a processing unit operatively coupled to the { Fig.1 items 22 (radar front end assembly), 24 (Signal processing means); col.16 lines 24-26 (radar front end assembly (22), the Signal processing means (24).)}, said processing unit being configured:
receive an input from the { Fig.1 items 57 (output), 58 (ADC), 60 (signal processing unit); col.5 lines 11-13 (fed to an input of an analogue-to-digital converter (ADC) 58 through an output line 57.), 17 (the signal processing unit 60)};
execute a guidance function using the input received from the UWB communication transceiver { col.5 lines 19-24 (The Signal processing unit 60 computes the range and Velocity of the object(s) detected relative to the user, and, where possible, identifies said object, generates an audio output Signal); col.14 lines 24-27 (walk indoors or outdoors without colliding with, or being obstructed by, any Stationary or moving object in the immediate environment thereof)}.
However, Williams (‘381) does not explicitly disclose (see words with underline) “ultra-wideband, UWB” transceiver. In the same field of endeavor, McEwan (‘070) discloses that
an ultra-wideband, UWB communication transceiver {title (Ultra-wideband radar motion sensor); Fig.1; col.2 lines 50-51 (Fig.1, UWB radar motion sensor.); col.3 lines 29-30 (The transmit pulse is directly radiated by the transmit antenna 36. There are several UWB antennas), 45-46 (The receive antenna 38 is connected to a UWB detector (receiver or sampler) 40,)};
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Williams (‘381) with the teachings of McEwan (‘070) {use Ultra-wideband radar} to use Ultra-wideband radar. Doing so would allow many independent UWB sensors co-located without interference and allow user adjustable detection range so as to improve short-range operation without frequency spectrum interference in certain applications (e.g. motion detection, monitor for activity in a room), as recognized by McEwan (‘070) {col.1 lines 45-49 (microphonics caused by the use of short radar wavelengths combined with audio frequency processing, frequency crowding, poor short-range operation); col.2 lines 2-3 (many independent UWB sensors may be co-located without interference), 15 (motion detection), 32-34 (User adjustable detection range is another outstanding feature of UWB sensors); col.8 lines 30-34 (rooms, monitored for activity, the sensitivity could be set so high that the slightest motion of a person in an adjacent room is detected.)}.
Regarding claim 2, which depends on claim 1, the combination of Williams (‘381) and McEwan (‘070) discloses that in the guidance system,
the UWB communication transceiver is configured to operate in a radar mode {see Williams (‘381) Fig.1; col.2 lines 65-66(Fig.1, radar system of an electronic viewing aid); see McEwan (‘070) for “UWB” in the rejection of claim 1}.
Regarding claim 3, which depends on claim 1, the combination of Williams (‘381) and McEwan (‘070) discloses that in the guidance system,
the UWB communication transceiver is configured to operate in a ranging mode { see Williams (‘381) Fig.1; col.2 lines 65-66(Fig.1, radar system of an electronic viewing aid); col.5 lines 19-21 (The signal processing unit 60 computes the range and velocity of the object(s) detected relative to the user, and, where possible, identifies said object(s)); see McEwan (‘070) for “UWB” in the rejection of claim 1}.
Regarding claim 4, which depends on claim 1, the combination of Williams (‘381) and McEwan (‘070) discloses that the guidance system further comprising
a feedback unit operatively coupled to the processing unit { see Williams (‘381) col.5 lines 21-26 (The signal processing unit 60, generates an audio output signal, audio signal is fed to an output audio cable 102 connected to stereo earphones 98 worn by the user); Examiner’s note: “earphones” for “a feedback unit”. “audio cable” for “operatively coupled” },
said feedback unit being configured to receive an output from the guidance function from the processing unit and to feedback said output to a user { see Williams (‘381) col.5 lines 21-26 (The signal processing unit 60 contains object-recognition algorithms to aid in the identification of detected objects, and generates an audio output signal, audio signal is fed to an output audio cable 102 connected to stereo earphones 98 worn by the user); Examiner’s note: “contains object-recognition algorithms to aid in the identification of detected objects” for “from the guidance function from the processing unit”}.
Regarding claim 5, which depends on claims 1 and 4, the combination of Williams (‘381) and McEwan (‘070) discloses that in the guidance system,
the feedback unit is integrated into the body-wearable device { see Williams (‘381) Fig.5 item 98 (earphones)}.
Regarding claim 6, which depends on claims 1 and 4-5, the combination of Williams (‘381) and McEwan (‘070) discloses that in the guidance system,
the feedback unit is an audio device { see Williams (‘381) Fig.5 item 98 (earphones); col.5 lines 21-26 (The signal processing unit 60, generates an audio output signal, audio signal is fed to an output audio cable 102 connected to stereo earphones 98 worn by the user)}.
Regarding claim 7, which depends on claims 1 and 4-6, the combination of Williams (‘381) and McEwan (‘070) discloses that in the guidance system,
the audio device is an earphone or a pair of earphones { see Williams (‘381) Fig.5 item 98 (earphones); col.5 lines 21-26 (The signal processing unit 60, generates an audio output signal, audio signal is fed to an output audio cable 102 connected to stereo earphones 98 worn by the user)}.
Regarding claim 8, which depends on claim 1, the combination of Williams (‘381) and McEwan (‘070) discloses that in the guidance system,
the body-wearable device is a head-wearable device, in particular a pair of glasses { see Williams (‘381) Fig.1 items 22 (radar front end assembly), 24 (Signal processing means); Fig.5 items 22; col.5 line 65 (FIG. 5 shows the SMART system 22 when worn by a user); col.16 lines 24-26 (radar front end assembly (22), the Signal processing means (24).)}.
Regarding claim 9, which depends on claim 1, the combination of Williams (‘381) and McEwan (‘070) discloses that the guidance system further comprising
a plurality of directional antennas or an antenna array operatively coupled to the UWB communication transceiver { see Williams (‘381) Fig.1 items 30 (transmit antenna), 32 (receive antenna); Fig.2 item 78 (transmit array), 90 (phased array); Fig.17 item 308; col.4 line 1 (transmit antenna 30 and a receive antenna 32); col.5 line 41 (planar phased array 90); col.6 line 35 (elements 68 of the transmit array 78); col.12 lines 63-65 (the reference numerals 308 indicate antenna radiation patterns for the transmit and receive antennae.); see McEwan (‘070) for “UWB” in the rejection of claim 1}.
Regarding claim 10, which depends on claims 1 and 8, the combination of Williams (‘381) and McEwan (‘070) discloses that in the guidance system,
the directional antennas are millimeter wave, mmWave, antennas {see Williams (‘381) col.2 lines 36-37 (using an operating radiation of millimetre wavelength); col.6 line 29 (The radiation fed to or from the array); col.11 lines 37-38 (the radiation pattern from the transmit antenna 30); col.12 line 11 (Carrier signal frequency: 94 GHz)}.
Regarding claim 11, which depends on claim 1, Williams (‘381) does not explicitly disclose “an omnidirectional antenna operatively coupled to the UWB communication transceiver”. In the same field of endeavor, McEwan (‘070) discloses that the system further comprising
an omnidirectional antenna operatively coupled to the UWB communication transceiver { Fig.1; col.2 lines 50-51 (Fig.1, UWB radar motion sensor.); col.3 lines 29-30 (The transmit pulse is directly radiated by the transmit antenna 36. There are several UWB antennas), 45-46 (The receive antenna 38 is connected to a UWB detector (receiver or sampler) 40,); col.9 lines 19-20 (Detection ranges from 1 to 10 feet are practical with omnidirectional antennas.)}.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Williams (‘381) with the teachings of McEwan (‘070) {use Ultra-wideband radar with omnidirectional antennas } to use Ultra-wideband radar with omnidirectional antennas. Doing so would allow many independent UWB sensors co-located without interference and allow user adjustable detection range so as to improve short-range operation without frequency spectrum interference in certain applications (e.g. motion detection, monitor for activity in a room) with low cost, as recognized by McEwan (‘070) {col.1 lines 45-49 (microphonics caused by the use of short radar wavelengths combined with audio frequency processing, frequency crowding, poor short-range operation); col.2 lines 2-3 (many independent UWB sensors may be co-located without interference), 15 (motion detection), 32-34 (User adjustable detection range is another outstanding feature of UWB sensors); col.8 lines 30-34 (rooms, monitored for activity, the sensitivity could be set so high that the slightest motion of a person in an adjacent room is detected.); col.9 line 24 (low cost)}.
Regarding claim 12, which depends on claim 1, the combination of Williams (‘381) and McEwan (‘070) discloses that in the guidance system,
the guidance function is an indoor guidance function { see Williams (‘381) col.5 lines 19-24 (The Signal processing unit 60 computes the range and Velocity of the object(s) detected relative to the user, and, where possible, identifies said object, generates an audio output Signal); col.14 lines 24-27 (walk indoors or outdoors without colliding with, or being obstructed by, any Stationary or moving object in the immediate environment thereof)}.
Regarding claim 13, which depends on claim 1, the combination of Williams (‘381) and McEwan (‘070) discloses that in the guidance system,
the processing unit is integrated into the body-wearable device {see Williams (‘381) col.5 lines 17-18 (the signal processing unit 60 are housed in the belt-pack unit 24.); col.15 line 32 (the personal radar system (22,24))}.
Regarding claim 14, as modified above, Williams (‘381) discloses that A method of operating a guidance system {title (ELECTRONIC VIEWING AID); Fig.1; col.1 lines 50-51 (using the personal radar system); col.2 lines 65-66(Fig.1, radar system of an electronic viewing aid); Examiner’s note: Fig.1 for “A method of operating a guidance system”}, said guidance system comprising a body-wearable device having an ultra-wideband, UWB, communication transceiver and a processing unit operatively coupled to the UWB communication transceiver, and the method comprising: receiving, by the processing unit, an input from the UWB communication transceiver; executing, by said processing unit, a guidance function using the input received from the UWB communication transceiver.
{The claim limitations above are the same or substantially the same scope as the corresponding claim limitations in claim 1. Therefore the claim limitations above are rejected in the same or substantially the same manner as in claim 1. See the rejections of claim 1}.
Regarding claims 17-20, Applicant recites claim limitations of the same or substantially the same scope as that of claims 2-5, respectively. Accordingly, claims 17-20 are rejected in the same or substantially the same manner as claims 2-5, respectively, shown above.
Claims 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Williams (‘381) and McEwan (‘070) in view of Bell et al . (US 10,809,079, hereafter Bell).
Regarding claim 15, the combination of Williams (‘381) and McEwan (‘070) discloses that discloses that
{ see the rejection of claim 14}.
However, Williams (‘381) and McEwan (‘070) do not explicitly disclose (see words with underline) “A computer program comprising executable instructions which, when executed by a processing unit”. In the same field of endeavor, Bell (‘079) discloses that
A computer program comprising executable instructions which, when executed by a processing unit {Fig.3; col.14 lines 11 (garment 300, include), 22 (volatile storage or memory media may be used to store), 24 (programs,), 26-28 (executable instructions , processing element 305.)};
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the combination of Williams (‘381) and McEwan (‘070) with the teachings of Bell (‘079) {use memory to store program and execute the program by processing element} to use memory to store program and execute the program by processing element. Doing so would use integrated circuits to configure the processing element 305 (e.g. use FPGA, ASIC, PLAs, etc.) so as to configure the processing element for particular use or execute instructions stored in volatile or non-volatile media by the processing element for particular use without change hardware, as recognized by Bell (‘079) {col.13 lines 39-46 (the processing element 305 may be embodied as integrated circuits, application specific integrated circuits (ASICs), field programmable gate arrays (FPGAs ), programmable logic arrays (PLAs ), hardware accelerators, other circuitry, and/or the like. As will therefore be understood, the processing element 305 may be configured for a particular use or configured to execute instructions stored in volatile or non-volatile media), 49-52 (the processing element 305 may be capable of performing steps or operations according to embodiments of the present disclosure when configured accordingly)}.
Regarding claim 16, as modified above, Williams (‘381) and McEwan (‘070) do not explicitly disclose (see words with underline) “A non-transitory computer-readable medium comprising the computer program of claim 15”. In the same field of endeavor, Bell (‘079) discloses that
A non-transitory computer-readable medium comprising the computer program of claim 15 { Fig.3; col.14 lines 11 (garment 300, include), 22 (volatile storage or memory media may be used to store), 24 (programs,), 26-28 (executable instructions , processing element 305.). See the rejection of claim 15.}.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the combination of Williams (‘381) and McEwan (‘070) with the teachings of Bell (‘079) {use memory to store program and execute the program by processing element} to use memory to store program and execute the program by processing element. Doing so would use integrated circuits to configure the processing element 305 (e.g. use FPGA, ASIC, PLAs, etc.) so as to configure the processing element for particular use or execute instructions stored in volatile or non-volatile media by the processing element for particular use without change hardware, as recognized by Bell (‘079) {col.13 lines 39-46 (the processing element 305 may be embodied as integrated circuits, application specific integrated circuits (ASICs), field programmable gate arrays (FPGAs ), programmable logic arrays (PLAs ), hardware accelerators, other circuitry, and/or the like. As will therefore be understood, the processing element 305 may be configured for a particular use or configured to execute instructions stored in volatile or non-volatile media), 49-52 (the processing element 305 may be capable of performing steps or operations according to embodiments of the present disclosure when configured accordingly)}.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2013/0050009 discloses that “a feedback unit operatively coupled to the processing unit” { Fig.3 items 14 (micro-processor), 22 (audio processing), 23 (speaker)}, “said feedback unit being configured to receive an output from the guidance function from the processing unit and to feedback said output to a user” { Fig.3 items 14 (micro-processor), 22 (audio processing), 23 (speaker); [0021] lines 10-12 (the user of this invention will be able to discern the range, location and motion of individual objects )}, which further support the rejection of claim 4.
US 2013/0050009 also discloses that “the feedback unit is integrated into the body-wearable device” {Fig.5 item 23 (speaker)}, which further support the rejection of claim 5.
WO2014168499 discloses that “the body-wearable device is a head-wearable device, in particular a pair of glasses” {Fig.1}, which further support the rejection of claim 8.
US 20190182415 discloses that “an omnidirectional antenna operatively coupled to the UWB communication transceiver” {[0115] lines 1-3 (an antenna consists of an arrangement of metallic conductors ( elements ) , electrically connected ( often through a transmission line ) to the receiver or transmitter), 14-17 (Antennas can be designed to transmit and receive radio waves in all horizontal directions equally ( omnidirectional antennas ) , or preferentially in a particular direction ( directional or high gain antennas); [0127] lines 1-2 (A radar range finder and hidden object locator is based on ultra - wide band radar)}, which further support the rejection of claim 11.
US20110307172 discloses that “the guidance function is an indoor guidance function” {[0019] lines 2-4 (unified solution for navigational assistance for all environments such as but not limited to (a) Public Outdoor, (b) Indoor with GPS ( c) Indoor without GPS)}, which further support the rejection of claim 12.
US 2013/0050009 also discloses that “the processing unit is integrated into the body-wearable device” {[0019] lines 2-3 (integrated sampling radar technology to create a unique device); [0041] lines 1-2 (The Visual Assistance system is controlled via embedded microprocessor 14}, which further support the rejection of claim 13.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YONGHONG LI whose telephone number is (571)272-5946. The examiner can normally be reached 8:30am - 5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Vladimir Magloire can be reached at (571)270-5144. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/YONGHONG LI/ Examiner, Art Unit 3648
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