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 .
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).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No. 12,169,235
Regarding claims 1 and 14, Claim 1 of US Patent No. 12,169,235 discloses a method for operating a synthetic aperture radar, SAR, mode, in an SAR instrument, wherein the method comprises the steps of:
acquiring at least one subswath positioned in an across track direction of a movement of the SAR instrument, wherein the at least one subswath is acquired during at least one acquisition burst duration and at a predetermined radio frequency bandwidth (Claim 1: acquiring at least one subswath positioned in an across track direction of a movement of the SAR instrument, wherein the at least one subswath is acquired at a predetermined radio frequency bandwidth);
adjusting the at least one acquisition burst duration and one or more of (Claim 1: adjusting)
(a) the predetermined radio frequency bandwidth (Claim 1: (a) the predetermined radio frequency bandwidth),
(b) a number of parallel simultaneous subswaths (Claim 1: (b) a number of parallel simultaneous subswaths) and
(c) an inserted burst duration for a further subswath based upon a predetermined parameter (Claim 1: (c) an inserted burst duration for a further subswath based upon a predetermined parameter); and
constructing an SAR image based on the acquired at least one subswath (Claim 1: constructing an SAR image based on the acquired at least one subswath).
Regarding claim 2, Claim 2 of US Patent No. 12,169,235 discloses wherein the predetermined parameter is a subswath geometry and/or a spatial resolution and/or a radiometric resolution and/or a noise equivalent sigma zero, NESZ, and/or a polarization (Claim 2: wherein the predetermined parameter is a subswath geometry and/or a spatial resolution and/or a radiometric resolution and/or a noise equivalent sigma zero, NESZ, and/or a polarization).
Regarding claim 3, Claim 3 of US Patent No. 12,169,235 discloses adjusting the radio frequency bandwidth during acquisition of the at least one subswath, wherein the adjustment is configured to alter the spatial resolution and/or the NESZ of the constructed SAR image (Claim 3: adjusting the radio frequency bandwidth during acquisition of the at least one subswath, wherein the adjustment is configured to alter the spatial resolution and/or the NESZ of the constructed SAR image).
Regarding claim 4, Claim 5 of US Patent No. 12,169,235 discloses simultaneously acquiring a plurality of subswaths (Claim 5: simultaneously acquiring a plurality of subswaths).
Regarding claim 5, Claim 6 of US Patent No. 12,169,235 discloses wherein the plurality of subswaths are acquired by Beam Switch Wide Swath, BSWS, with or without digital beamforming, DBF (Claim 6: wherein the plurality of subswaths are acquired by Beam Switch Wide Swath, BSWS, with or without digital beamforming, DBF).
Regarding claim 6, Claim 7 of US Patent No. 12,169,235 discloses wherein the digital beamforming comprises multiple receive sub-apertures in azimuth, MAPS, and/or coherent summation of signals from the sub-apertures in one column into one single signal, ScoRe (Claim 7: wherein the digital beamforming comprises multiple receive sub-apertures in azimuth, MAPS, and/or coherent summation of signals from the sub-apertures in one column into one single signal, ScoRe).
Regarding claim 7, Claim 8 of US Patent No. 12,169,235 discloses acquiring a plurality of subswaths simultaneously by changing an antenna beam direction of the SAR instrument between a first pulse of the SAR instrument and a second pulse of the SAR instrument and/or transmit in the plurality of subswaths simultaneously (Claim 8: acquiring a plurality of subswaths simultaneously by changing an antenna beam direction of the SAR instrument between a first pulse of the SAR instrument and a second pulse of the SAR instrument and/or transmit in the plurality of subswaths simultaneously).
Regarding claim 8, Claim 9 of US Patent No. 12,169,235 discloses simultaneously acquiring a plurality of the plurality of subswaths by using a plurality of SAR instrument antenna beams (Claim 9: simultaneously acquiring a plurality of the plurality of subswaths by using a plurality of SAR instrument antenna beams).
Regarding claim 9, Claim 2 of US Patent No. 12,169,235 discloses adjusting the radio frequency bandwidth of the SAR instrument during acquisition of the at least one subswath, wherein the adjustment is configured to alter the NESZ of the constructed SAR image (Claim 2: adjusting the radio frequency bandwidth during acquisition of the at least one subswath, wherein the adjustment is configured to alter the spatial resolution and/or the NESZ of the constructed SAR image).
Regarding claim 10, Claim 10 of US Patent No. 12,169,235 discloses adjusting an average ground velocity of the acquisition of the at least one subswath (Claim 10: adjusting an average ground velocity of the acquisition of the at least one subswath).
Regarding claim 11, Claim 11 of US Patent No. 12,169,235 discloses roll steering the SAR instrument (Claim 11: roll steering the SAR instrument).
Regarding claim 12, Claim 12 of US Patent No. 12,169,235 discloses wherein the at least one subswath is acquired in an along track interferometric, ATI, ground moving target indication, GMTI, mode and/or a single, dual or quad polarization and/or vessel detection mode (Claim 12: wherein the at least one subswath is acquired in an along track interferometric, ATI, ground moving target indication, GMTI, mode and/or a single, dual or quad polarization and/or vessel detection mode).
Regarding claim 13, Claim 13 of US Patent No. 12,169,235 discloses
wherein the SAR instrument comprises a processing unit, and wherein the processing unit comprises a computer program suitable to execute the method (Claim 13: wherein the SAR instrument comprises a processing unit, and wherein the processing unit comprises a computer program suitable to execute the method).
Regarding claim 15, Claim 15 of US Patent No. 12,169,235 discloses
planar phased array antenna and/or a reflect array and/or a reflector and/or a horn antenna structure (Claim 15: planar phased array antenna and/or a reflect array and/or a reflector and/or a horn antenna structure).
Regarding claim 16, Claim 16 of US Patent No. 12,169,235 discloses
wherein adjusting one or more of (a) the predetermined radio frequency bandwidth, (b) a number of parallel simultaneous subswaths and (c) an inserted burst duration for a further subswath based upon a predetermined parameter comprises adjusting at least two of (a), (b) and (c) (Claim 16: wherein adjusting one or more of (a) the predetermined radio frequency bandwidth, (b) a number of parallel simultaneous subswaths and (c) an inserted burst duration for a further subswath based upon a predetermined parameter comprises adjusting at least two of (a), (b) and (c)).
Regarding claim 17, Claim 17 of US Patent No. 12,169,235 discloses
wherein adjusting one or more of (a) the predetermined radio frequency bandwidth, (b) a number of parallel simultaneous subswaths and (c) an inserted burst duration for a further subswath based upon a predetermined parameter comprises adjusting each of (a), (b) and (c) (Claim 17: wherein adjusting one or more of (a) the predetermined radio frequency bandwidth, (b) a number of parallel simultaneous subswaths and (c) an inserted burst duration for a further subswath based upon a predetermined parameter comprises adjusting each of (a), (b) and (c)).
Regarding claim 18, Claim 18 of US Patent No. 12,169,235 discloses
wherein the processing unit is configured to adjust at least two of (a), (b) and (c) (Claim 18: wherein the processing unit is configured to adjust at least two of (a), (b) and (c)).
Regarding claim 19, Claim 19 of US Patent No. 12,169,235 discloses wherein the processing unit is configured to adjust each of (a), (b) and (c) (Claim 19: wherein the processing unit is configured to adjust each of (a), (b) and (c)).
Allowable Subject Matter
Claims 1-19 would be allowable if the terminal disclaimer is filed to overcome an obviousness-type double patenting rejection.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY X PHAM whose telephone number is (571)270-7115. The examiner can normally be reached Mon-Fri: 8:30-5:00.
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/TIMOTHY X PHAM/Primary Examiner, Art Unit 3648
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