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 based on an application filed in Romania on 12/06/2023. It is noted, however, that applicant has not filed a certified copy of the ROA202300809 application as required by 37 CFR 1.55.
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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 21-26, 30, and 32 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 16-18, 27, 30-32 and 35 of copending Application No. 18971503 (reference application).
Claim 20 being mapped to claim 17 of the reference application.
Claims 21, 23, and 30 being mapped to claims 16 and 31 of the reference application.
Claims 22 and 24 being mapped to claims 18 and 32 of the reference application.
Claim 25 being mapped to claim 27 of the reference application.
Claim 26 being mapped to claim 30 of the reference application.
Claim 32 being mapped to claim 35 of the reference application.
Although the claims at issue are not identical, they are not patentably distinct from each other because they recite similar subject matter (determining a tone quality indicator (TQI) and modulating the amplitude of the outgoing signal based on the TQI) with only minor variations.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
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.
(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) 16-34 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Knapp et al. (US 20230184885 A1).
Regarding claim 16, Knapp discloses
An integrated circuit for use in a short-range communication reflector device (see paragraph 0028, “FIG. 4 illustrates a block diagram of a radio frequency (RF) transmitter 100, in an embodiment. The RF transmitter 100 may be used in the FMCW radar system to transmit the RF signal. The RF transmitter 100 may be formed in an integrated circuit (IC),”), the integrated circuit comprising:
a processor (see Fig. 4); and
a tone generator electrically coupled to the processor (see Fig. 4, frequency signal generator 110);
wherein, for each channel of a plurality of channels (see paragraph 0028, “To avoid cluttering, FIG. 4 only shows one Tx channel of the RF transmitter 100, and the discussion herein focuses on one Tx channel. Skilled artisans would readily appreciate that the principle disclosed herein could be applied for any of the Tx channels of the RF transmitter 100.”):
the processor is configured to process incoming tone signals received via a plurality of antenna paths (see paragraph 0006, “In accordance with an embodiment, a radar transmitter includes: a phase shifter configured to receive a first radio frequency (RF) signal at an input terminal of the phase shifter”; Fig. 10; paragraph 0053, “In FIG. 10, the RF input signal received at the input terminal 810”), and to determine an IQ value of an incoming tone signal received on a selected antenna path of the plurality of antenna paths (see paragraph 0006, “wherein the phase shifter comprises an in-phase (I) component RF path and a quadrature (Q) component RF path, wherein the I-component RF path and the Q-component RF path are configured to generate a phase shift to the first RF signal according to a first scale factor for the I-component RF path and a second scale factor for the Q-component RF path”);
the tone generator is configured to generate, for each antenna path, an outgoing tone signal for transmission (see paragraph 0006, “a frequency control circuit, wherein the frequency control circuit is configured to generate the first scale factor, the second scale factor, and the termination control signal, wherein the frequency control circuit is configured to enable transmission of the second RF signal”); and
the processor is configured to instruct the tone generator to apply a phase shift to each outgoing tone signal, wherein the phase shift is equal to the phase of the determined IQ value for the selected antenna path (see paragraph 0006, the phase shifter is “configured to generate a second RF signal at an output terminal of the phase shifter”; paragraph 0061, “supplying a first radio frequency (RF) signal to a phase shifter, wherein the phase shifter comprises an in-phase (I) component RF path and a quadrature (Q) component RF path, wherein the I-component RF path and the Q-component RF path are configured to generate a phase shift to the first RF signal according to a first scale factor of the I-component RF path and a second scale factor of the Q-component RF path”).
Regarding claim 17, Knapp discloses
The integrated circuit of claim 16, wherein the selected antenna path is the same antenna path for each channel of the plurality of channels (see paragraph 0022, “the transmitted RF signal bounces back from a target, and is received by the FMCW radar system using one or more receive (Rx) antennas.”; paragraph 0028, “To avoid cluttering, FIG. 4 only shows one Tx channel of the RF transmitter 100, and the discussion herein focuses on one Tx channel. Skilled artisans would readily appreciate that the principle disclosed herein could be applied for any of the Tx channels of the RF transmitter 100.”).
Regarding claim 18, Knapp discloses
The integrated circuit of claim 16, wherein the selected antenna path is a different antenna path of the plurality of antenna paths for successive channels of the plurality of channels (see paragraph 0022, “the transmitted RF signal bounces back from a target, and is received by the FMCW radar system using one or more receive (Rx) antennas.”; paragraph 0028, “To avoid cluttering, FIG. 4 only shows one Tx channel of the RF transmitter 100, and the discussion herein focuses on one Tx channel. Skilled artisans would readily appreciate that the principle disclosed herein could be applied for any of the Tx channels of the RF transmitter 100.”; Fig. 10, 810A and 810B inputs).
Regarding claim 19, Knapp discloses
The integrated circuit of claim 18, wherein, for each channel, the selected antenna path is the antenna path on which a chronologically first tone signal is received (see paragraph 0024, “In some applications, the FMCW radar system may sweep the Tx antennas by transmitting an RF signal 31 from the first Tx antenna while the other Tx antennas remain idle (e.g., not transmitting RF signals), then transmitting from the second Tx antenna while other Tx antennas remain idle, and so on.”).
Regarding claim 20, Knapp discloses
The integrated circuit of claim 16, further comprising a mixer configured to down-convert incoming tone signals (see paragraph 0030, “The I carrier and the Q carrier are modulated by (e.g., multiplied with) the output signal 152 of the DAC 151 and the output signal 154 of the DAC 153, respectively, by the mixers 123 in the phase shifter 120”), and wherein the tone generator comprises a local oscillator (see paragraph 0029, “The frequency signal generator 110 comprises an oscillator 113 (e.g., a voltage-controlled oscillator) for generating a frequency signal”).
Regarding claim 21, Knapp discloses
The integrated circuit of claim 16, further comprising a power amplifier electrically coupled to both the processor and the tone generator (see Fig. 4, power amplifier 150), wherein, for each channel of the plurality of channels, the processor is further configured to:
determine a tone quality indicator, TQI, of the incoming tone signal received on the selected antenna path (see Figs. 2-3, 5-6 and 8; amplitude of signals can be determined); and
instruct the power amplifier to modulate an amplitude of each outgoing tone signal based on the determined TQI of the incoming tone signal received on the selected antenna path (see paragraph 0040, “When the termination control signal 161 is asserted (e.g., transmission of RF signal being disabled), the scaled I value 165 and the scaled Q value 169, which have smaller amplitudes than the I value 163 and the Q value 167, respectively, are used to generate the PSK modulated RF signal 126 with smaller amplitude, or equivalent, PSK modulated RF signal 126 with lower RF power.”).
Regarding claim 22, Knapp discloses
The integrated circuit of claim 21, wherein the processor is further configured to instruct the power amplifier to decrease the amplitude of each outgoing tone signal if the determined TQI is below a quality threshold (see paragraph 0075, “wherein reducing the power of the RF signal comprises reducing a first amplitude of the in-phase data signal and reducing a second amplitude of the quadrature data signal.”; paragraph 0043, “In the example of FIG. 6, the scaled I value 167 and the scaled Q value 169 are zero when the termination control signal 602 is asserted, as indicated by the zero values for the I value 603 and the Q value 604, which results in the I data signal 152 and the Q data signal 154 in FIG. 4 having reduced amplitude (e.g., zero amplitude). As a result, the power of the RF signal 126 is reduced to zero when the termination control signal 602 is asserted”).
Regarding claim 23, the same cited sections and rationale from claim 21 are applied.
Regarding claim 24, the same cited sections and rationale from claim 22 are applied.
Regarding claim 25, Knapp discloses
A short-range communication reflector device, comprising:
at least one antenna (see paragraph 0022, “the FMCW radar system transmits a radio frequency (RF) signal, which is a frequency-modulated continuous-wave signal, using one or more transmit (Tx) antennas. The transmitted RF signal bounces back from a target, and is received by the FMCW radar system using one or more receive (Rx) antennas.”); and
the integrated circuit according to claim 16 (see paragraph 0028, “The RF transmitter 100 may be formed in an integrated circuit (IC), such as an RFIC, an MMIC, or the like, using semiconductor manufacturing processes”).
Regarding claim 26, Knapp discloses
The short-range communication reflector device of claim 25, wherein the short-range communication reflector device is a key, or a mobile phone, or an electronic door lock, or a portable electronic device (see paragraph 0002, “Such applications include, for example, automotive radar systems”).
Regarding claim 27, the same cited sections and rationale from claim 16 are applied. The only difference between claim 16 and claim 27 is that claim 16 refers to an apparatus while claim 27 refers to a method. The examiner considers Knapp paragraph 0001 (“The present invention relates generally to systems and methods for transmit power reduction for radio frequency (RF) transmitters”) to show that the radar apparatus performs the radar method of claim 16. Knapp further discloses
transmitting, from the reflector to an initiator, the phase shifted outgoing tone signals via the plurality of antenna paths (see Fig. 1, transmitted signals).
Regarding claims 28-30, the same cited sections and rationale for claims 17-18 and 21 are applied.
Regarding claim 31, the same cited sections and rationale for claim 30 are applied.
Regarding claim 32, Knapp discloses
The method of claim 31, further comprising:
discarding or disregarding any tone signal received at the initiator that has an amplitude lower than a given threshold (see paragraph 0043, “In the example of FIG. 6, the scaled I value 167 and the scaled Q value 169 are zero when the termination control signal 602 is asserted, as indicated by the zero values for the I value 603 and the Q value 604, which results in the I data signal 152 and the Q data signal 154 in FIG. 4 having reduced amplitude (e.g., zero amplitude). As a result, the power of the RF signal 126 is reduced to zero when the termination control signal 602 is asserted.”).
Regarding claim 33, Knapp discloses
The method of claim 27, further comprising:
determining, at the initiator, an IQ value of the phase shifted tone signals received from the reflector (see paragraph 0006, “wherein the phase shifter comprises an in-phase (I) component RF path and a quadrature (Q) component RF path, wherein the I-component RF path and the Q-component RF path are configured to generate a phase shift to the first RF signal according to a first scale factor for the I-component RF path and a second scale factor for the Q-component RF path”).
Regarding claim 34, Knapp discloses
The method of claim 33, further comprising:
determining, at the initiator, a distance between the reflector and the initiator using the IQ values of the phase shifted tone signals received from the reflector and a distance ranging algorithm (see paragraph 0022, “the distance between the FMCW radar system and the target can be determined by finding the frequency difference between the transmitted and received RF signals.”).
Additional Relevant Art
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure and may be found on the accompanying PTO-892 Notice of References Cited:
Stevenson (US 4090196 A); In a transponder having first and second antennas an inverse gain modulator is provided. The inverse gain modulator comprises a power-responsive balance circuit coupled to the two antennas. The power level of the output signal returned by the second antenna is inversely related to the power level of the signal received by the first antenna.
Yu (US 20210190935 A1); Embodiments of the present disclosure describe mechanisms for radio frequency (RF) ranging between pairs of radio units based on radio signals exchanged between units. An exemplary radio system may include a first radio unit, configured to transmit a first radio signal, and a second radio unit configured to receive the first radio signal, adjust a reference clock signal of the second radio unit based on the first radio signal, and transmit a second radio signal generated based on the adjusted reference clock signal. Such a radio system may further include a processing unit for determining a distance between the first and second radio units based on a phase difference between the first radio signal as transmitted by the first radio unit and the second radio signal as received at the first radio unit. Disclosed mechanisms may enable accurate RF ranging using low-cost, low-power radio units.
Vehovc et al. (US 20190372218 A1); A method for calibration in a phased array antenna includes generating, by a master clock, a reference clock signal and generating an output signal corresponding to the reference clock signal by a phase-locked loop. The method further includes generating, by a local oscillator (LO), an LO signal corresponding to the output signal and generating a transmit calibration tone corresponding to a leakage of the LO signal and a direct current signal by an in-phase and quadrature (IQ) modulator. The method further includes receiving, by a phase detector in each of a plurality of RF devices in the phased array antenna, the transmit calibration tone and determining a relative phase shift between the transmit calibration tone and the reference clock signal received at an input of each of the plurality of RF devices by the phase detector.
Bloechl (US 11105917 B1); Provided are a system and method for generating phase-coherent signaling when ranging between a transmitting node and a receiving node during wireless communication. Phase coherence is established in response to phase adjustment of a signal to be transmitted from the receiving node, in which such adjustment is commensurate with at least an amount of phase attributable to signaling transmitted by the transmitted node and received at the receiving node. Phase shift attributable to the signaling is compensated for upon receipt of the signaling at a tag in communication with the receiving node.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ISABELLA A EDRADA whose telephone number is (571)272-4859. The examiner can normally be reached Mon - Fri 9am-5pm ET.
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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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/ISABELLA A EDRADA/Examiner, Art Unit 3648
/BERNARR E GREGORY/Primary Examiner, Art Unit 3648
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