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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. JP 2023-185377, filed on October 31, 2023.
Information Disclosure Statement
The information disclosure statement (IDS) submitted complies with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 2 – 3, 6, 9 – 10, 12 – 13, 15 – 16 and 19 – 20 are 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.
The language “0.5 wavelengths or more and less than one wavelength” is ambiguous as to whether said language refers to one range or two distinct ranges, and, if two distinct ranges, it is not clear as to what the two distinct ranges are in reference two, separately. As such, the metes and bounds of the claims cannot be fully defined thus the claims are indefinite.
Dependent claim 10 is rejected due to dependency on rejected claim 9.
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)(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.
Claims 1 – 3, 5 – 16 and 18 – 21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Iwasa (US 20220003834 A1).
As to claims 1 and 14, Iwasa discloses a radar apparatus, comprising:
first radar circuitry which, in operation, includes a plurality of first transmission antennas and a plurality of first reception antennas (Fig. 7A – 7B); and
second radar circuitry which, in operation, includes a plurality of second transmission antennas and a plurality of second reception antennas, wherein the plurality of first transmission antennas transmit a first transmission signal having a predetermined center frequency, the plurality of second transmission antennas transmit a second transmission signal having the predetermined center frequency (Id.),
the plurality of first reception antennas receive at least one of a first reflected wave signal corresponding to the first transmission signal and a second reflected wave signal corresponding to the second transmission signal, the plurality of second reception antennas receive at least one of the first reflected wave signal and the second reflected wave signal (Id.), and
in a first direction, a minimum spacing between the plurality of first transmission antennas and a minimum spacing between the plurality of second reception antennas are different from each other by one wavelength or more of the first and the second transmission signals (at least Fig. 10A wherein the minimum horizontal spacing of transmit array is ½ of minimum horizontal spacing of receive array for at least two rows wherein each row can be its own transmit or receive subarray.), and
a minimum spacing between the plurality of first reception antennas and a minimum spacing between the plurality of second transmission antennas are different from each other by one wavelength or more of the first and the second transmission signals (Id.).
As to claims 2 and 15, Iwasa disclose the radar apparatus according to claim 1, wherein in the first direction, a first antenna spacing between adjacent ones of the plurality of first transmission antennas and a second antenna spacing between adjacent ones of the plurality of first reception antennas include spacings which provide a difference between the first antenna spacing and the second antenna spacing, the difference being 0.5 wavelengths or more and 0.8 wavelengths or less of the first and the second transmission signals, and a third antenna spacing between adjacent ones of the plurality of second transmission antennas and a fourth antenna spacing between adjacent ones of the plurality of second reception antennas include spacings which provide a difference between the third antenna spacing and the fourth antenna spacing, the difference being 0.5 wavelengths or more and 0.8 wavelengths or less of the first and the second transmission signals (Fig. 18A shows ½ wavelength horizontal spacing of first transmit array compared to receive array and the second and third transmit arrays show more than ½ wavelength as compared to receive array.).
As to claims 3 and 16, Iwasa discloses the radar apparatus according to claim 1, wherein: in the first direction, a first antenna spacing between adjacent ones of the plurality of first transmission antennas and a second antenna spacing between adjacent ones of the plurality of second reception antennas include spacings which provide a difference between the first antenna spacing and the second antenna spacing, the difference being 0.5 wavelengths or more and 0.8 wavelengths or less of the first and the second transmission signals, and a third antenna spacing between adjacent ones of the plurality of second transmission antennas and a fourth antenna spacing between adjacent ones of the plurality of first reception antennas include spacings which provide a difference between the third antenna spacing and the fourth antenna spacing, the difference being 0.5 wavelengths or more and 0.8 wavelengths or less of the first and the second transmission signals (Fig. 18A shows ½ wavelength horizontal spacing of first transmit array compared to receive array and the second and third transmit arrays show more than ½ wavelength as compared to receive array.).
As to claims 5 and 18, Iwasa discloses the radar apparatus according to claim 1, wherein: the minimum spacing between the plurality of first transmission antennas and the minimum spacing between the plurality of second transmission antennas are different from each other, or the minimum spacing between the plurality of first reception antennas and the minimum spacing between the plurality of second reception antennas are different from each other (Fig. 18A).
As to claims 6 and 19, Iwasa discloses the radar apparatus according to claim 1, wherein: the plurality of first transmission antennas, the plurality of first reception antennas, the plurality of second transmission antennas, and the plurality of second reception antennas are two-dimensionally disposed, the two dimensions including the first direction and a second direction different from the first direction, and in the second direction, the minimum spacing between the plurality of first transmission antennas and the minimum spacing between the plurality of second reception antennas are 0.5 wavelengths or more and less than one wavelength of the first and the second transmission signals, and the minimum spacing between the plurality of first reception antennas and the minimum spacing between the plurality of second transmission antennas are wider than the minimum spacing between the plurality of first transmission antennas and the minimum spacing between the plurality of second reception antennas (Fig. 18A).
As to claim 7, Iwasa discloses the radar apparatus according to claim 6, wherein: in the second direction, an antenna spacing between adjacent ones of the plurality of first reception antennas includes a spacing wider than an aperture length of the plurality of first transmission antennas, and an antenna spacing between adjacent ones of the plurality of second transmission antennas includes a spacing wider than an aperture length of the plurality of second reception antennas (Fig. 19C – 19D shows each horizontal receive spacing longer than aperture of second transmit array.).
As to claim 8, Iwasa discloses the radar apparatus according to claim 7, wherein: in the second direction, an antenna spacing between adjacent ones of the plurality of second reception antennas includes a spacing wider than the aperture length of the plurality of first transmission antennas, or an antenna spacing between adjacent ones of the plurality of first transmission antennas includes a spacing wider than the aperture length of the plurality of second reception antennas (Fig. 19C – 19D shows two vertical spacings of transmit array wider than the vertical spacing of receive array.).
As to claim 9, Iwasa discloses the radar apparatus according to claim 1, wherein: the plurality of first transmission antennas, the plurality of first reception antennas, the plurality of second transmission antennas, and the plurality of second reception antennas are two-dimensionally disposed, the two dimensions including the first direction and a second direction different from the first direction, both of the plurality of first transmission antennas and the plurality of second transmission antennas include three or more antennas, and both of the plurality of first reception antennas and the plurality of second reception antennas include three or more antennas (Figs. 19C – 19D shows three antenna for each array),
and in the second direction, the minimum spacing between the plurality of first transmission antennas and the minimum spacing between the plurality of second reception antennas in the first direction are 0.5 wavelengths or more and less than one wavelength of the first and the second transmission signals, and the minimum spacing between the plurality of first reception antennas and the minimum spacing between the plurality of second transmission antennas are 0.5 wavelengths or more and less than one wavelength of the first and the second transmission signals (Figs. 19C – 19D shows at least horizontal spacing of the receive array more than a wavelength larger than minimum spacing of horizontal distance of any transmit array. Figs. 19C – 19D shows the vertical spacing of transmit array three times larger than the vertical spacing of receive array, thus more than one wavelength.).
As to claim 10, Iwasa discloses the radar apparatus according to claim 9, wherein in the second direction, an antenna spacing between adjacent ones of the plurality of first reception antennas and an antenna spacing between adjacent ones of the plurality of second reception antennas include a spacing wider than an aperture length of the plurality of first transmission antennas, or an antenna spacing between adjacent ones of the plurality of first transmission antennas and an antenna spacing between adjacent ones of the plurality of second transmission antennas include a spacing wider than an aperture length of the plurality of second reception antennas (Figs. 19C – 19D At least three columns of transmit array longer than any column of receive array.).
As to claim 11, Iwasa discloses the radar apparatus according to claim 1, wherein: the plurality of first transmission antennas, the plurality of first reception antennas, the plurality of second transmission antennas, and the plurality of second reception antennas are two-dimensionally disposed, the two dimensions including the first direction and a second direction different from the first direction, and in the second direction, the minimum spacing between the plurality of first transmission antennas and the minimum spacing between the plurality of second reception antennas are different from each other by one wavelength or more of the first and the second transmission signals, and the minimum spacing between the plurality of first reception antennas and the minimum spacing between the plurality of second transmission antennas are different from each other by one wavelength or more of the first and the second transmission signals (at least Fig. 19D).
As to claim 12, Iwasa discloses the radar apparatus according to claim 11, wherein in the second direction, a first antenna spacing between adjacent ones of the plurality of first transmission antennas and a second antenna spacing between adjacent ones of the plurality of first reception antennas include spacings which provide a difference between the first antenna spacing and the second antenna spacing, the difference being 0.5 wavelengths or more and 0.8 wavelengths or less of the first and the second transmission signals, and a third antenna spacing between adjacent ones of the plurality of second transmission antennas and a fourth antenna spacing between adjacent ones of the plurality of second reception antennas include spacings which provide a difference between the third antenna spacing and the fourth antenna spacing, the difference being 0.5 wavelengths or more and 0.8 wavelengths or less of the first and the second transmission signals (Figs. 19C wherein the first and third transmit array show two different spacing each of which are at least greater than ½ wavelength as compared to the horizontal spacing of the receive array.).
As to claim 13, Iwasa discloses the radar apparatus according to claim 12, wherein in the second direction, the first antenna spacing and the fourth antenna spacing include spacings which provide a difference between the first antenna spacing and the fourth antenna spacing, the difference being 0.5 wavelengths or more and 0.8 wavelengths or less of the first and the second transmission signals, and the third antenna spacing and the second antenna spacing include spacings which provide a difference between the third antenna spacing and the second antenna spacing, the difference being 0.5 wavelengths or more and 0.8 wavelengths or less of the first and the second transmission signals (Figs 19C – 19D).
As to claim 20, Iwasa discloses the method for transmission and reception by a radar apparatus according to claim 14, wherein: the plurality of first transmission antennas, the plurality of first reception antennas, the plurality of second transmission antennas, and the plurality of second reception antennas are two-dimensionally disposed, the two dimensions including the first direction and a second direction different from the first direction, both of the plurality of first transmission antennas and the plurality of second transmission antennas include three or more antennas, and both of the plurality of first reception antennas and the plurality of second reception antennas include three or more antennas, and in the second direction, the minimum spacing between the plurality of first transmission antennas and the minimum spacing between the plurality of second reception antennas in the first direction are 0.5 wavelengths or more and less than one wavelength of the first and the second transmission signals, and the minimum spacing between the plurality of first reception antennas and the minimum spacing between the plurality of second transmission antennas are 0.5 wavelengths or more and less than one wavelength of the first and the second transmission signals (Figs. 19C – 19D).
As to claim 21, Iwasa discloses the method for transmission and reception by a radar apparatus according to claim 14, wherein: the plurality of first transmission antennas, the plurality of first reception antennas, the plurality of second transmission antennas, and the plurality of second reception antennas are two-dimensionally disposed, the two dimensions including the first direction and a second direction different from the first direction, and in the second direction, the minimum spacing between the plurality of first transmission antennas and the minimum spacing between the plurality of second reception antennas are different from each other by one wavelength or more of the first and the second transmission signals, and the minimum spacing between the plurality of first reception antennas and the minimum spacing between the plurality of second transmission antennas are different from each other by one wavelength or more of the first and the second transmission signals (Figs. 19C – 19D).
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 4 and 17 are rejected under 35 U.S.C. 103 as being obvious over Iwasa in view of Lee (US 20190310346 A1).
As to claims 4 and 17, Iwasa does not teach but Lee teaches the radar apparatus according to claim 1, wherein: the first radar circuitry which, in operation, receives the second reflected wave signal, the second radar circuitry which, in operation, receives the first reflected wave signal, and the radar apparatus further comprises control circuitry, which, in operation, determines, based on a comparison between a positioning result obtained using the first reflected wave signal and a positioning result obtained using the second reflected wave signal, whether or not the first reflected wave signal and the second reflected wave signal are direct waves from a target object (Lee Para. 9 “a determiner configured to determine a ghost target based on the virtual linear array signals of M+N channels.” Lee further teaches an array consisting of multiple transmit arrays and multiple receive arrays.).
In view of the teachings of Lee it would have been obvious to the ordinarily skilled before filing to determine multipath via the virtual array created via multiple receive channels in order to distinguish multipath from real objects of interest thereby improving accuracy.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL W JUSTICE whose telephone number is (571)270-7029. The examiner can normally be reached 7:30 - 5:30 M-F.
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, William Kelleher can be reached at 571-272-7753. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MICHAEL W JUSTICE/Examiner, Art Unit 3648