DETAILED NON-FINAL OFFICE 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 .
Comments
The drawings of December 19, 2024 are hereby accepted as FORMAL.
The information disclosure statements (IDS) of December 19, 2024 and of May 20, 2026 have been considered during examination. The applicant-cited references are considered no closer to the claimed invention that the examiner-cited prior art. Please see the “Prior Art of General Interest” section below.
Please note that any mention of a line number of a claim in this office action refers to the claims as they appear in the official claim listing in the image file wrapper (IFW).
Objection to the Specification
The text of 37 CFR 1.52(b)(6) is as follows:
“(6) Other than in a reissue application or reexamination or supplemental examination proceeding, the paragraphs of the specification, other than in the claims or abstract, may be numbered at the time the application is filed, and should be individually and consecutively numbered using Arabic numerals, so as to unambiguously identify each paragraph. The number should consist of at least four numerals enclosed in square brackets, including leading zeros (e.g., [0001]). The numbers and enclosing brackets should appear to the right of the left margin as the first item in each paragraph, before the first word of the paragraph, and should be highlighted in bold. A gap, equivalent to approximately four spaces, should follow the number. Nontext elements (e.g., tables, mathematical or chemical formulae, chemical structures, and sequence data) are considered part of the numbered paragraph around or above the elements, and should not be independently numbered. If a nontext element extends to the left margin, it should not be numbered as a separate and independent paragraph. A list is also treated as part of the paragraph around or above the list, and should not be independently numbered. Paragraph or section headers (titles), whether abutting the left margin or centered on the page, are not considered paragraphs and should not be numbered.” (Bold added).
The specification is hereby objected to under 37 CFR 1.52(b)(6) in that headers in the specification have paragraph numbering and in that there is paragraph numbering at the top of the first page of the claim listing (presumed to be the end of the specification spilling over onto the claim listing).
Claim Interpretation
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 1-20 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.
In independent claim 1, the mentions of “time sample vectors” as being in a “pair” are indefinite and unclear in context in there is no earlier recitation of pairing. Substantially the same remarks apply to the uses of the word, “pair” and pairs” on lines 8-14 of dependent claim 8; on lines 3-7 of dependent claim 9; on lines 6-8 of independent claim 11; on lines 10-15 of dependent claim 16; on lines 4-8 of dependent claim 17; and, on lines 10-12 of independent claim 20.
On lines 5-7 of claim 1, it is not clear what is meant by each of the uses of the adjective “respective.” What is the reference in view for these uses of the word “respective”? Substantially the same remarks apply to the uses of the adjective “respective” in claims 8, 9, 11, 16, 17, and 20.
On line 3 of independent claim 20, the acronym, “PLL” is indefinite and unclear in context in that it is not defined in the claim. This rejection may be overcome by replacing “PLL” with “Phase Locked Loop (PLL).”
Each of dependent claims 2-10 is unclear, at least, in that it depends from unclear, independent claim 1.
Each of dependent claims 12-19 is unclear, at least, in that it depends from unclear, independent claim 11.
Potentially-Allowable Subject Matter
Claims 1, 11, and 20 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action. Please, also, see sections 3 and 11 of this office action as to allowability of the pending claims.
Claims 2-10 and 12-19 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Prior Art of General Interest
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Naden et al (‘561) is of general interest for the disclosure related to frequency reference offset, noting, for example, column 10 at lines 36-57, where the measurement of frequency reference offset is disclosed. However, none of the claimed features recited in independent claim 1 relating to the use a Discrete Fourier Transform to determine a “frequency reference offset” (lines 9-14) is disclosed. Similarly, none of the claimed features recited in independent claim 11 relating to the use a Discrete Fourier Transform to determine a “frequency reference offset” (lines 10-15) is disclosed. Likewise, none of the claimed features recited in independent claim 20 relating to the use a Discrete Fourier Transform to determine a “frequency reference offset” (lines 14-19) is disclosed. Despite this noted disclosure in Naden et al (‘561), it is considered merely to show the state of the related prior art.
The remarks regarding Naden et al (‘939) are substantially those made above with reference to Naden et al (‘561), since Naden et al (‘939) issued from a divisional application of the application that issued as Naden et al (‘561).
Wu et al (‘995) is of general interest for disclosing a distributed radar system. However, none of the claimed features recited in independent claim 1 relating to the use a Discrete Fourier Transform to determine a “frequency reference offset” (lines 9-14) is disclosed. Similarly, none of the claimed features recited in independent claim 11 relating to the use a Discrete Fourier Transform to determine a “frequency reference offset” (lines 10-15) is disclosed. Likewise, none of the claimed features recited in independent claim 20 relating to the use a Discrete Fourier Transform to determine a “frequency reference offset” (lines 14-19) is disclosed. Despite this noted disclosure in Naden et al (‘561), it is considered merely to show the state of the related prior art.
Wu et al (‘965) is of general interest for disclosing a distributed radar system. However, none of the claimed features recited in independent claim 1 relating to the use a Discrete Fourier Transform to determine a “frequency reference offset” (lines 9-14) is disclosed. Similarly, none of the claimed features recited in independent claim 11 relating to the use a Discrete Fourier Transform to determine a “frequency reference offset” (lines 10-15) is disclosed. Likewise, none of the claimed features recited in independent claim 20 relating to the use a Discrete Fourier Transform to determine a “frequency reference offset” (lines 14-19) is disclosed. Despite this noted disclosure in Naden et al (‘561), it is considered merely to show the state of the related prior art.
Bae et al (WO 2024/172242 A1) is of general interest for showing the state of the related prior art. Bae et al (‘392) is made of record as an English-language equivalent of Bae et al (WO 2024/172242 A1).
Each of Lin et al (CN 117319152 A); Narasimhan (‘135); Bruckert et al (‘431); and, Gu et al (‘943) is of general interest for showing the state of the related prior art.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BERNARR E GREGORY whose telephone number is (571)272-6972. The examiner can normally be reached on Mondays through Fridays from 7:30 am to 3:30 pm eastern time.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Vladimir Magloire, can be reached at telephone number 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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/BERNARR E GREGORY/Primary Examiner, Art Unit 3648
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