DETAILED ACTION
Non-Final Rejection
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 .
Benefit of an Earlier Filing
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 Foreign Application No. (JP) 2019-142342 filed on 1st August, 2019.
Specification
The lengthy specification (more than 20 pages) has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant's cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 04/22/2026, 06/23/2025, 06/02/2025, 03/13/2025, 01/16/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claim(s) 1-15 of the instant application are rejected on the ground of nonstatutory double patenting as being unpatentable over Claim(s) 1-5, 9, 11-15, and 17-20 of U.S. Patent No. US 1,224,1961 B2 (NISHIMORI et al; hereinafter referred to as NISHIMORI’961).
Specifically, Claim(s) 1-5, 9, 11-15, and 17-20 of NISHIMORI’961 are directed to device and method for detecting target object. The present application is directed to the subject matter with substantially similar features. The Claim(s) of the present application are either anticipated by NISHIMORI’961 or are obvious variants of NISHIMORI’961. Further, the present application is a continuation application of the application for NISHIMORI’961; and since the Claim(s) were not restricted away from the parent application, they are deemed to be directed to obvious variants of the inventions set forth in the parent application.
The following is a limitation-by-limitation comparison (the difference is in the bold text, and substantially similar concept is underlined) to show how the Claim(s) are either anticipated by or unpatentable over the Claim(s) NISHIMORI’961.
Instant, Claim(s)
NISHIMORI’961
1. A target object detection device, comprising:
a transmission signal generator configured to generate a transmission signal;
an underwater acoustic transmission array comprising a plurality of underwater acoustic transmission elements configured to convert the transmission signal into an underwater acoustic transmission wave;
a switch configured to supply the transmission signal to a first transmission element in the underwater acoustic transmission array; and
a controller configured to control the switch to switch the transmission signal from the first transmission element in the underwater acoustic transmission array to a second transmission element in the underwater acoustic transmission array at a first timing.
1. A target object detection device, comprising:
a first transmission signal generator configured to generate a first transmission signal;
a first transmission array comprising a plurality of transmission elements configured to convert the first transmission signal into a first transmission wave;
a first switch configured to supply the first transmission signal to a first transmission element in the first transmission array;
a controller configured to control the first switch to switch the first transmission signal from the first transmission element in the first transmission array to a second transmission element in the first transmission array at a first timing;
a second transmission signal generator configured to generate a second transmission signal;
a second transmission array comprising a plurality of transmission elements configured to convert the second transmission signal into a second transmission wave; and
a second switch configured to supply the second transmission signal to a first transmission element in the second transmission array while the first transmission signal is being supplied to the first transmission element in the first transmission array,
wherein the controller is further configured to control the second switch to switch the second transmission signal from the first transmission element in the second transmission array to a second transmission element in the second transmission array at a second timing after the first timing and before the first switch switches the first transmission signal from the second transmission element in the first transmission array to a third transmission element in the first transmission array.
2. The target object detection device of claim 1, wherein the second transmission element in the underwater acoustic transmission array is adjacent to the first transmission element in the underwater acoustic transmission array.
2. The target object detection device of claim 1, wherein the second transmission element in the first transmission array is adjacent to the first transmission element in the first transmission array.
3. The target object detection device of claim 1, wherein the controller controls the switch to switch the transmission signal from the second transmission element in the underwater acoustic transmission array to a third transmission element in the underwater acoustic transmission array at a second timing after the first timing.
3. The target object detection device of claim 1, wherein the controller controls the first switch to switch the first transmission signal from the second transmission element in the first transmission array to the third transmission element in the first transmission array at a third timing after the first and second timing and before the second switch switches the second transmission signal from the second transmission element in the second transmission array to a third transmission element in the second transmission array.
4. The target object detection device of claim 1, wherein a carrier of the transmission signal has a single frequency, or the carrier of the transmission signal is a modulated signal.
4. The target object detection device of claim 1, wherein a carrier of the first transmission signal has a single frequency, or the carrier of the first transmission signal is a modulated signal.
5. The target object detection device of claim 1,
wherein the plurality of underwater acoustic transmission elements of the underwater acoustic transmission array are grouped into a plurality of groups, the plurality of the underwater acoustic transmission elements of the underwater acoustic transmission array in each group being connected,
wherein the switch is configured to supply the transmission signal to one of the groups in the underwater acoustic transmission array, and
wherein the controller is configured to control the switch to switch the group to which the transmission signal is supplied from a first group to a second group at the first timing.
5. The target object detection device of claim 1,
wherein the plurality of transmission elements of the first transmission array are grouped into a plurality of groups, the plurality of the transmission elements of the first transmission array in each group being connected,
wherein the first switch is configured to supply the first transmission signal to one of the groups in the first transmission array, and
wherein the controller is configured to control the first switch to switch the group to which the first transmission signal is supplied from a first group to a second group at the first timing.
6. The target object detection device of claim 1, wherein the controller is further configured to supply the second transmission signal to the first transmission element in the second transmission array while the first switch switches the first transmission signal from the first transmission element in the first transmission array to the second transmission element in the first transmission array.
7. The target object detection device of claim 1,
wherein the second transmission element is adjacent to the first transmission element in the second transmission array, and
wherein the first transmission element of the first transmission array is adjacent to the first transmission element of the second transmission array.
8. The target object detection device of claim 1, wherein a carrier of the second transmission signal has a single frequency, or the carrier of the second transmission signal is a modulated signal.
6. The target object detection device of claim 1,
wherein the transmission signal generator modulates an amplitude of the transmission signal.
9. The target object detection device of claim 1,
wherein the first transmission signal generator modulates an amplitude of the first transmission signal, and
wherein the second transmission signal generator modulates an amplitude of the second transmission signal.
10. The target object detection device of claim 1, wherein a carrier frequency of the second transmission signal is same as a carrier frequency of the first transmission signal.
7. The target object detection device of claim 1, further comprising:
an underwater acoustic reception array comprising at least one underwater acoustic reception clement configured to receive an underwater acoustic reflection wave resulting from a reflection of the underwater acoustic transmission wave on a target object, and convert the underwater acoustic reflection wave into a reception signal; and
processing circuitry configured to process the reception signal,
wherein the processing circuitry extracts, based on a frequency component of the reception signal, an equal-frequency reception signal based on the underwater acoustic reflection wave from an equal-frequency surface corresponding to the frequency component.
11. The target object detection device of claim 1, further comprising:
a reception array comprising at least one reception element configured to receive a reflection wave, the reflection wave being a single wave resulting from a reflection of both of the first and second transmission wave on a target object, and convert the reflection wave into a reception signal; and
processing circuitry configured to process the reception signal,
wherein the processing circuitry extracts, based on a frequency component of the reception signal, an equal-frequency reception signal based on the reflection wave from an equal-frequency surface corresponding to the frequency component.
8. The target object detection device of claim 7, wherein by extracting a plurality of frequency components from the reception signal at different frequencies, the processing circuitry acquires equal-frequency reception signals of equal-frequency surfaces corresponding to the different frequencies.
12. The target object detection device of claim 11, wherein, by extracting a plurality of frequency components from the reception signal at different frequencies, the processing circuitry acquires equal-frequency reception signals of equal-frequency surfaces corresponding to the different frequencies.
9. The target object detection device of claim 7, wherein the processing circuitry calculates a frequency spectrum of the reception signal, and, based on the frequency spectrum, acquires the equal-frequency reception signal of the equal-frequency surface corresponding to each frequency.
13. The target object detection device of claim 11, wherein the processing circuitry calculates a frequency spectrum of the reception signal, and, based on the frequency spectrum, acquires the equal-frequency reception signal of the equal-frequency surface corresponding to each frequency.
10. The target object detection device of claim 7,
wherein the underwater acoustic reception array comprises a plurality of underwater acoustic reception elements, and
wherein the processing circuitry performs beamforming based on the reception signal from each underwater acoustic reception element, and calculates an incoming direction of the underwater acoustic reflection wave from the target object based on the beamforming.
14. The target object detection device of claim 11,
wherein the reception array comprises a plurality of reception elements, and
wherein the processing circuitry performs beamforming based on the reception signal from each reception element, and calculates an incoming direction of the reflection wave from the target object based on the beamforming.
11. The target object detection device of claim 7,
wherein the underwater acoustic reception array comprises a plurality of underwater acoustic reception elements,
wherein the underwater acoustic reception array is different from the underwater acoustic transmission array, and
wherein a reception beam generated based on the reception signal from each underwater acoustic reception element intersects with a transmission beam generated by the underwater acoustic transmission array.
15. The target object detection device of claim 11,
wherein the reception array comprises a plurality of reception elements,
wherein the reception array is different from the first transmission array, and
wherein a reception beam generated based on the reception signal from each reception element intersects with a transmission beam generated by the first transmission array.
16. The target object detection device of claim 1, wherein the target object detection device is a sonar configured to detect an underwater target object, or a radar configured to detect a midair target object.
12. The target object detection device of claim 1,
wherein, in a first sequence, the switch is controlled to supply the transmission signal to the plurality of underwater acoustic transmission elements in the underwater acoustic transmission array between a start transmission element and an end transmission element in the underwater acoustic transmission array by sequentially supplying the transmission signal to underwater acoustic transmission elements in the underwater acoustic transmission array that get closer to the end transmission element in the underwater acoustic transmission array as the first sequence progresses with time, and
wherein, in a second sequence subsequent to the first sequence, the switch is controlled to supply the transmission signal to the plurality of underwater acoustic transmission elements in the underwater acoustic transmission array between the start transmission element and the end transmission element in the underwater acoustic transmission array by sequentially supplying the transmission signal to underwater acoustic transmission elements in the underwater acoustic transmission array that get closer to the end transmission element in the underwater acoustic transmission array as the second sequence progresses with time.
17. The target object detection device of claim 1,
wherein, in a first sequence, the first switch is controlled to supply the first transmission signal to the plurality of transmission elements in the first transmission array between a start transmission element and an end transmission element in the first transmission array by sequentially supplying the first transmission signal to transmission elements in the first transmission array that get closer to the end transmission element in the first transmission array as the first sequence progresses with time, and
wherein, in a second sequence subsequent to the first sequence, the first switch is controlled to supply the first transmission signal to the plurality of transmission elements in the first transmission array between the start transmission element and the end transmission element in the first transmission array by sequentially supplying the first transmission signal to transmission elements in the first transmission array that get closer to the end transmission element in the first transmission array as the second sequence progresses with time.
13. The target object detection device of claim 1,
wherein, in a first sequence, the switch is controlled to supply the transmission signal to the plurality of underwater acoustic transmission elements in the underwater acoustic transmission array between a start transmission element and an end transmission element in the underwater acoustic transmission array by sequentially supplying the transmission signal to underwater acoustic transmission elements in the underwater acoustic transmission array that get closer to the end transmission element in the underwater acoustic transmission array as the first sequence progresses with time,
wherein, after the first sequence, the controller switches a position of the start transmission element and the end transmission element in the underwater acoustic transmission array so that the start transmission element and the end transmission element used in the first sequence are a switched end transmission element and a switched start transmission element, respectively, and
wherein, in a second sequence subsequent to switching the position of the start transmission element and the end transmission element, the switch is controlled to supply the transmission signal to the plurality of underwater acoustic transmission elements in the underwater acoustic transmission array between the switched start transmission element and the switched end transmission element in the underwater acoustic transmission array by sequentially supplying the transmission signal to underwater acoustic transmission elements in the underwater acoustic transmission array that get closer to the switched end transmission element in the underwater acoustic transmission array as the second sequence progresses with time.
18. The target object detection device of claim 1,
wherein, in a first sequence, the first switch is controlled to supply the first transmission signal to the plurality of transmission elements in the first transmission array between a start transmission element and an end transmission element in the first transmission array by sequentially supplying the first transmission signal to transmission elements in the first transmission array that get closer to the end transmission element in the first transmission array as the first sequence progresses with time,
wherein, after the first sequence, the controller switches a position of the start transmission element and the end transmission element in the first transmission array so that the start transmission element and the end transmission element used in the first sequence are a switched end transmission element and a switched start transmission element, respectively, and
wherein, in a second sequence subsequent to switching the position of the start transmission element and the end transmission element, the first switch is controlled to supply the first transmission signal to the plurality of transmission elements in the first transmission array between the switched start transmission element and the switched end transmission element in the first transmission array by sequentially supplying the first transmission signal to transmission elements in the first transmission array that get closer to the switched end transmission element in the first transmission array as the second sequence progresses with time.
14. The target object detection device of claim 1, wherein a first part of the transmission signal is supplied to the first transmission element in the underwater acoustic transmission array, and
a second part of the transmission signal different from the first part is supplied to the second transmission element in the underwater acoustic transmission array.
19. The target object detection device of claim 1, wherein a first part of the first transmission signal is supplied to the first transmission element in the first transmission array, and
a second part of the first transmission signal different from the first part is supplied to the second transmission element in the first transmission array.
15. A target object detection method performed by a target object detection device, the target object detection method comprising:
generating a transmission signal;
converting the transmission signal into an underwater acoustic transmission wave;
supplying the transmission signal to a first transmission element in an underwater acoustic transmission array of the target detection device; and
switching the transmission signal from the first transmission element in the underwater acoustic transmission array to a second transmission element in the underwater acoustic transmission array at a first timing.
20. A target object detection method performed by a target object detection device, the target object detection method comprising:
generating a first transmission signal;
converting the first transmission signal into a first transmission wave;
supplying the first transmission signal to a first transmission element in a first transmission array of the target object detection device;
switching the first transmission signal from the first transmission element in the first transmission array to a second transmission element in the first transmission array at a first timing;
generating a second transmission signal;
converting the second transmission signal into a second transmission wave;
supplying the second transmission signal to a first transmission element in a second transmission array of the target object detection device while the first transmission signal is being supplied to the first transmission element in the first transmission array; and
switching the second transmission signal from the first transmission element in the second transmission array to a second transmission element in the second transmission array at a second timing after the first timing and before switching the first transmission signal from the second transmission element in the first transmission array to a third transmission element in the first transmission array.
Claim(s) 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over Claim(s) 1 of NISHIMORI et al (US 1,224,1961 B2); hereinafter referred to as NISHIMORI’961.
Referring to instant Claim(s) 1, although the claims at issue are not identical, they are not patentably distinct from each other because they include the same limitations, often with the exact same verbatim language, with only a minor change such as, the instant claim being broader and having (an underwater acoustic transmission array comprising a plurality of underwater acoustic transmission elements configured to convert the transmission signal into an underwater acoustic transmission wave; a switch configured to supply the transmission signal to a first transmission element in the underwater acoustic transmission array; and a controller configured to control the switch to switch the transmission signal from the first transmission element in the underwater acoustic transmission array to a second transmission element in the underwater acoustic transmission array at a first timing) than that of claim 1 of NISHIMORI’961 which has (a first transmission signal generator configured to generate a first transmission signal; a first transmission array comprising a plurality of transmission elements configured to convert the first transmission signal into a first transmission wave; a first switch configured to supply the first transmission signal to a first transmission element in the first transmission array; a controller configured to control the first switch to switch the first transmission signal from the first transmission element in the first transmission array to a second transmission element in the first transmission array at a first timing). One having ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious for “an underwater acoustic transmission array comprising a plurality of underwater acoustic transmission elements configured to convert the transmission signal into an underwater acoustic transmission wave; a switch configured to supply the transmission signal to a first transmission element in the underwater acoustic transmission array; and a controller configured to control the switch to switch the transmission signal from the first transmission element in the underwater acoustic transmission array to a second transmission element in the underwater acoustic transmission array at a first timing” to lie within “a first transmission signal generator configured to generate a first transmission signal; a first transmission array comprising a plurality of transmission elements configured to convert the first transmission signal into a first transmission wave; a first switch configured to supply the first transmission signal to a first transmission element in the first transmission array; a controller configured to control the first switch to switch the first transmission signal from the first transmission element in the first transmission array to a second transmission element in the first transmission array at a first timing”, as such an alignment encompasses such scope.
Furthermore, NISHIMORI’961 additional limitations of “a second transmission signal generator configured to generate a second transmission signal; a second transmission array comprising a plurality of transmission elements configured to convert the second transmission signal into a second transmission wave; and a second switch configured to supply the second transmission signal to a first transmission element in the second transmission array while the first transmission signal is being supplied to the first transmission element in the first transmission array, wherein the controller is further configured to control the second switch to switch the second transmission signal from the first transmission element in the second transmission array to a second transmission element in the second transmission array at a second timing after the first timing and before the first switch switches the first transmission signal from the second transmission element in the first transmission array to a third transmission element in the first transmission array” further narrow NISHIMORI’961 by reciting “a second transmission signal” and repeating for the second transmission signal, the processing performed for the first transmission signal. These additional narrowing limitations do not patentably distinguish the broader claim of the instant application, which encompasses the subject matter of claim 1 of NISHIMORI’961.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to duplicate the first transmission signal and perform the same processing steps on the second transmission signal disclosed in NISHIMORI’961 with a reasonable expectation of success because it would have merely repeated the known processing sequence for an additional signal to obtain a corresponding additional result.
Claim(s) 2 is rejected on the ground of nonstatutory double patenting as being unpatentable over Claim(s) 2 of NISHIMORI’961.
Referring to instant Claim(s) 2, although the claims at issue are not identical, they are not patentably distinct from each other because they include the same limitations, often with the exact same verbatim language, with only a minor change such as, the instant claim being broader and having (the second transmission element in the underwater acoustic transmission array is adjacent to the first transmission element in the underwater acoustic transmission array) than that of Claim(s) 2 of NISHIMORI’961 which has (the second transmission element in the first transmission array is adjacent to the first transmission element in the first transmission array). One having ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious for “the second transmission element in the underwater acoustic transmission array is adjacent to the first transmission element in the underwater acoustic transmission array” to lie within “the second transmission element in the first transmission array is adjacent to the first transmission element in the first transmission array”, as such an alignment encompasses such scope.
Claim(s) 3 is rejected on the ground of nonstatutory double patenting as being unpatentable over Claim(s) 3 of NISHIMORI’961.
Referring to instant Claim(s) 3, although the claims at issue are not identical, they are not patentably distinct from each other because they include the same limitations, often with the exact same verbatim language, with only a minor change such as, the instant claim being broader and having (the controller controls the switch to switch the transmission signal from the second transmission element in the underwater acoustic transmission array to a third transmission element in the underwater acoustic transmission array at a second timing after the first timing) than that of Claim(s) 3 of NISHIMORI’961 which has (the controller controls the first switch to switch the first transmission signal from the second transmission element in the first transmission array to the third transmission element in the first transmission array at a third timing after the first and second timing and before the second switch switches the second transmission signal from the second transmission element in the second transmission array to a third transmission element in the second transmission array). One having ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious for “the controller controls the switch to switch the transmission signal from the second transmission element in the underwater acoustic transmission array to a third transmission element in the underwater acoustic transmission array at a second timing after the first timing” to lie within “the controller controls the first switch to switch the first transmission signal from the second transmission element in the first transmission array to the third transmission element in the first transmission array at a third timing after the first”, as such an alignment encompasses such scope.
Furthermore, NISHIMORI’961 additional limitations of “and second timing and before the second switch switches the second transmission signal from the second transmission element in the second transmission array to a third transmission element in the second transmission array” further narrow NISHIMORI’961 by reciting “a second timing” and repeating for the second transmission signal, switching performed for the first transmission signal. These additional narrowing limitations do not patentably distinguish the broader claim of the instant application, which encompasses the subject matter of claim 1 of NISHIMORI’961.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to duplicate the first transmission signal and perform the same processing steps on the second transmission signal disclosed in NISHIMORI’961 with a reasonable expectation of success because it would have merely repeated the known processing sequence for an additional signal to obtain a corresponding additional result.
Claim(s) 4 is rejected on the ground of nonstatutory double patenting as being unpatentable over Claim(s) 4 of NISHIMORI’961.
Referring to instant Claim(s) 4, although the claims at issue are not identical, they are not patentably distinct from each other because they include the same limitations, often with the exact same verbatim language, with only a minor change such as, the instant claim being broader and having (a carrier of the transmission signal has a single frequency, or the carrier of the transmission signal is a modulated signal) than that of Claim(s) 4 of NISHIMORI’961 which has (a carrier of the first transmission signal has a single frequency, or the carrier of the first transmission signal is a modulated signal). One having ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious for “a carrier of the transmission signal has a single frequency, or the carrier of the transmission signal is a modulated signal” to lie within “a carrier of the first transmission signal has a single frequency, or the carrier of the first transmission signal is a modulated signal”, as such an alignment encompasses such scope.
Claim(s) 5 is rejected on the ground of nonstatutory double patenting as being unpatentable over Claim(s) 5 of NISHIMORI’961.
Referring to instant Claim(s) 5, although the claims at issue are not identical, they are not patentably distinct from each other because they include the same limitations, often with the exact same verbatim language, with only a minor change such as, the instant claim being broader and having (the plurality of underwater acoustic transmission elements of the underwater acoustic transmission array are grouped into a plurality of groups, the plurality of the underwater acoustic transmission elements of the underwater acoustic transmission array in each group being connected, wherein the switch is configured to supply the transmission signal to one of the groups in the underwater acoustic transmission array, and wherein the controller is configured to control the switch to switch the group to which the transmission signal is supplied from a first group to a second group at the first timing) than that of Claim(s) 5 of NISHIMORI’961 which has (the plurality of transmission elements of the first transmission array are grouped into a plurality of groups, the plurality of the transmission elements of the first transmission array in each group being connected, wherein the first switch is configured to supply the first transmission signal to one of the groups in the first transmission array, and wherein the controller is configured to control the first switch to switch the group to which the first transmission signal is supplied from a first group to a second group at the first timing). One having ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious for “the plurality of underwater acoustic transmission elements of the underwater acoustic transmission array are grouped into a plurality of groups, the plurality of the underwater acoustic transmission elements of the underwater acoustic transmission array in each group being connected, wherein the switch is configured to supply the transmission signal to one of the groups in the underwater acoustic transmission array, and wherein the controller is configured to control the switch to switch the group to which the transmission signal is supplied from a first group to a second group at the first timing” to lie within “the plurality of transmission elements of the first transmission array are grouped into a plurality of groups, the plurality of the transmission elements of the first transmission array in each group being connected, wherein the first switch is configured to supply the first transmission signal to one of the groups in the first transmission array, and wherein the controller is configured to control the first switch to switch the group to which the first transmission signal is supplied from a first group to a second group at the first timing”, as such an alignment encompasses such scope.
Claim(s) 6 is rejected on the ground of nonstatutory double patenting as being unpatentable over Claim(s) 9 of NISHIMORI’961.
Referring to instant Claim(s) 6, although the claims at issue are not identical, they are not patentably distinct from each other because they include the same limitations, often with the exact same verbatim language, with only a minor change such as, the instant claim being broader and having (the transmission signal generator modulates an amplitude of the transmission signal) than that of Claim(s) 9 of NISHIMORI’961 which has (the first transmission signal generator modulates an amplitude of the first transmission signal). One having ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious for “the transmission signal generator modulates an amplitude of the transmission signal” to lie within “the first transmission signal generator modulates an amplitude of the first transmission signal”, as such an alignment encompasses such scope.
Furthermore, NISHIMORI’961 additional limitations of “the second transmission signal generator modulates an amplitude of the second transmission signal” further narrow NISHIMORI’961 by reciting “second transmission signal generator” and repeating for the second transmission signal, amplitude modulation performed for the first transmission signal. These additional narrowing limitations do not patentably distinguish the broader claim of the instant application, which encompasses the subject matter of claim 1 of NISHIMORI’961.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to duplicate the first transmission signal and perform the same processing steps on the second transmission signal disclosed in NISHIMORI’961 with a reasonable expectation of success because it would have merely repeated the known processing sequence for an additional signal to obtain a corresponding additional result.
Claim(s) 7 is rejected on the ground of nonstatutory double patenting as being unpatentable over Claim(s) 11 of NISHIMORI’961.
Referring to instant Claim(s) 7, although the claims at issue are not identical, they are not patentably distinct from each other because they include the same limitations, often with the exact same verbatim language, with only a minor change such as, the instant claim being broader and having (an underwater acoustic reception array comprising at least one underwater acoustic reception clement configured to receive an underwater acoustic reflection wave resulting from a reflection of the underwater acoustic transmission wave on a target object, and convert the underwater acoustic reflection wave into a reception signal; and wherein the processing circuitry extracts, based on a frequency component of the reception signal, an equal-frequency reception signal based on the underwater acoustic reflection wave from an equal-frequency surface corresponding to the frequency component) than that of Claim(s) 11 of NISHIMORI’961 which has (a reception array comprising at least one reception element configured to receive a reflection wave, the reflection wave being a single wave resulting from a reflection of both of the first and second transmission wave on a target object, and convert the reflection wave into a reception signal). One having ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious for “an underwater acoustic reception array comprising at least one underwater acoustic reception clement configured to receive an underwater acoustic reflection wave resulting from a reflection of the underwater acoustic transmission wave on a target object, and convert the underwater acoustic reflection wave into a reception signal; and wherein the processing circuitry extracts, based on a frequency component of the reception signal, an equal-frequency reception signal based on the underwater acoustic reflection wave from an equal-frequency surface corresponding to the frequency component” to lie within “a reception array comprising at least one reception element configured to receive a reflection wave, the reflection wave being a single wave resulting from a reflection of both of the first and second transmission wave on a target object, and convert the reflection wave into a reception signal”, as such an alignment encompasses such scope.
Claim(s) 8 is rejected on the ground of nonstatutory double patenting as being unpatentable over Claim(s) 12 of NISHIMORI’961.
Referring to instant Claim(s) 8, the claims at issue are identical.
Claim(s) 9 is rejected on the ground of nonstatutory double patenting as being unpatentable over Claim(s) 13 of NISHIMORI’961.
Referring to instant Claim(s) 9, the claims at issue are identical.
Claim(s) 10 is rejected on the ground of nonstatutory double patenting as being unpatentable over Claim(s) 14 of NISHIMORI’961.
Referring to instant Claim(s) 10, although the claims at issue are not identical, they are not patentably distinct from each other because they include the same limitations, often with the exact same verbatim language, with only a minor change such as, the instant claim being broader and having (the underwater acoustic reception array comprises a plurality of underwater acoustic reception elements, and wherein the processing circuitry performs beamforming based on the reception signal from each underwater acoustic reception element, and calculates an incoming direction of the underwater acoustic reflection wave from the target object based on the beamforming) than that of Claim(s) 14 of NISHIMORI’961 which has (the reception array comprises a plurality of reception elements, and wherein the processing circuitry performs beamforming based on the reception signal from each reception element, and calculates an incoming direction of the reflection wave from the target object based on the beamforming). One having ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious for “the underwater acoustic reception array comprises a plurality of underwater acoustic reception elements, and wherein the processing circuitry performs beamforming based on the reception signal from each underwater acoustic reception element, and calculates an incoming direction of the underwater acoustic reflection wave from the target object based on the beamforming” to lie within “the reception array comprises a plurality of reception elements, and wherein the processing circuitry performs beamforming based on the reception signal from each reception element, and calculates an incoming direction of the reflection wave from the target object based on the beamforming”, as such an alignment encompasses such scope.
Claim(s) 11 is rejected on the ground of nonstatutory double patenting as being unpatentable over Claim(s) 15 of NISHIMORI’961.
Referring to instant Claim(s) 11, although the claims at issue are not identical, they are not patentably distinct from each other because they include the same limitations, often with the exact same verbatim language, with only a minor change such as, the instant claim being broader and having (the underwater acoustic reception array comprises a plurality of underwater acoustic reception elements, wherein the underwater acoustic reception array is different from the underwater acoustic transmission array, and wherein a reception beam generated based on the reception signal from each underwater acoustic reception element intersects with a transmission beam generated by the underwater acoustic transmission array) than that of Claim(s) 15 of NISHIMORI’961 which has (the reception array comprises a plurality of reception elements, wherein the reception array is different from the first transmission array, and wherein a reception beam generated based on the reception signal from each reception element intersects with a transmission beam generated by the first transmission array). One having ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious for “the underwater acoustic reception array comprises a plurality of underwater acoustic reception elements, wherein the underwater acoustic reception array is different from the underwater acoustic transmission array, and wherein a reception beam generated based on the reception signal from each underwater acoustic reception element intersects with a transmission beam generated by the underwater acoustic transmission array” to lie within “the reception array comprises a plurality of reception elements, wherein the reception array is different from the first transmission array, and wherein a reception beam generated based on the reception signal from each reception element intersects with a transmission beam generated by the first transmission array”, as such an alignment encompasses such scope.
Claim(s) 12 is rejected on the ground of nonstatutory double patenting as being unpatentable over Claim(s) 17 of NISHIMORI’961.
Referring to instant Claim(s) 12, although the claims at issue are not identical, they are not patentably distinct from each other because they include the same limitations, often with the exact same verbatim language, with only a minor change such as, the instant claim being broader and having (in a first sequence, the switch is controlled to supply the transmission signal to the plurality of underwater acoustic transmission elements in the underwater acoustic transmission array between a start transmission element and an end transmission element in the underwater acoustic transmission array by sequentially supplying the transmission signal to underwater acoustic transmission elements in the underwater acoustic transmission array that get closer to the end transmission element in the underwater acoustic transmission array as the first sequence progresses with time, and wherein, in a second sequence subsequent to the first sequence, the switch is controlled to supply the transmission signal to the plurality of underwater acoustic transmission elements in the underwater acoustic transmission array between the start transmission element and the end transmission element in the underwater acoustic transmission array by sequentially supplying the transmission signal to underwater acoustic transmission elements in the underwater acoustic transmission array that get closer to the end transmission element in the underwater acoustic transmission array as the second sequence progresses with time) than that of Claim(s) 17 of NISHIMORI’961 which has (in a first sequence, the first switch is controlled to supply the first transmission signal to the plurality of transmission elements in the first transmission array between a start transmission element and an end transmission element in the first transmission array by sequentially supplying the first transmission signal to transmission elements in the first transmission array that get closer to the end transmission element in the first transmission array as the first sequence progresses with time wherein, in a second sequence subsequent to the first sequence, the first switch is controlled to supply the first transmission signal to the plurality of transmission elements in the first transmission array between the start transmission element and the end transmission element in the first transmission array by sequentially supplying the first transmission signal to transmission elements in the first transmission array that get closer to the end transmission element in the first transmission array as the second sequence progresses with time). One having ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious for “in a first sequence, the switch is controlled to supply the transmission signal to the plurality of underwater acoustic transmission elements in the underwater acoustic transmission array between a start transmission element and an end transmission element in the underwater acoustic transmission array by sequentially supplying the transmission signal to underwater acoustic transmission elements in the underwater acoustic transmission array that get closer to the end transmission element in the underwater acoustic transmission array as the first sequence progresses with time, and wherein, in a second sequence subsequent to the first sequence, the switch is controlled to supply the transmission signal to the plurality of underwater acoustic transmission elements in the underwater acoustic transmission array between the start transmission element and the end transmission element in the underwater acoustic transmission array by sequentially supplying the transmission signal to underwater acoustic transmission elements in the underwater acoustic transmission array that get closer to the end transmission element in the underwater acoustic transmission array as the second sequence progresses with time” to lie within “in a first sequence, the first switch is controlled to supply the first transmission signal to the plurality of transmission elements in the first transmission array between a start transmission element and an end transmission element in the first transmission array by sequentially supplying the first transmission signal to transmission elements in the first transmission array that get closer to the end transmission element in the first transmission array as the first sequence progresses with time wherein, in a second sequence subsequent to the first sequence, the first switch is controlled to supply the first transmission signal to the plurality of transmission elements in the first transmission array between the start transmission element and the end transmission element in the first transmission array by sequentially supplying the first transmission signal to transmission elements in the first transmission array that get closer to the end transmission element in the first transmission array as the second sequence progresses with time, as such an alignment encompasses such scope.
Claim(s) 13 is rejected on the ground of nonstatutory double patenting as being unpatentable over Claim(s) 18 of NISHIMORI’961.
Referring to instant Claim(s) 13, although the claims at issue are not identical, they are not patentably distinct from each other because they include the same limitations, often with the exact same verbatim language, with only a minor change such as, the instant claim being broader and having (in a first sequence, the switch is controlled to supply the transmission signal to the plurality of underwater acoustic transmission elements in the underwater acoustic transmission array between a start transmission element and an end transmission element in the underwater acoustic transmission array by sequentially supplying the transmission signal to underwater acoustic transmission elements in the underwater acoustic transmission array that get closer to the end transmission element in the underwater acoustic transmission array as the first sequence progresses with time, wherein, after the first sequence, the controller switches a position of the start transmission element and the end transmission element in the underwater acoustic transmission array so that the start transmission element and the end transmission element used in the first sequence are a switched end transmission element and a switched start transmission element, respectively, and wherein, in a second sequence subsequent to switching the position of the start transmission element and the end transmission element, the switch is controlled to supply the transmission signal to the plurality of underwater acoustic transmission elements in the underwater acoustic transmission array between the switched start transmission element and the switched end transmission element in the underwater acoustic transmission array by sequentially supplying the transmission signal to underwater acoustic transmission elements in the underwater acoustic transmission array that get closer to the switched end transmission element in the underwater acoustic transmission array as the second sequence progresses with time) than that of Claim(s) 18 of NISHIMORI’961 which has (wherein, in a first sequence, the first switch is controlled to supply the first transmission signal to the plurality of transmission elements in the first transmission array between a start transmission element and an end transmission element in the first transmission array by sequentially supplying the first transmission signal to transmission elements in the first transmission array that get closer to the end transmission element in the first transmission array as the first sequence progresses with time, wherein, after the first sequence, the controller switches a position of the start transmission element and the end transmission element in the first transmission array so that the start transmission element and the end transmission element used in the first sequence are a switched end transmission element and a switched start transmission element, respectively, and wherein, in a second sequence subsequent to switching the position of the start transmission element and the end transmission element, the first switch is controlled to supply the first transmission signal to the plurality of transmission elements in the first transmission array between the switched start transmission element and the switched end transmission element in the first transmission array by sequentially supplying the first transmission signal to transmission elements in the first transmission array that get closer to the switched end transmission element in the first transmission array as the second sequence progresses with time). One having ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious for “in a first sequence, the switch is controlled to supply the transmission signal to the plurality of underwater acoustic transmission elements in the underwater acoustic transmission array between a start transmission element and an end transmission element in the underwater acoustic transmission array by sequentially supplying the transmission signal to underwater acoustic transmission elements in the underwater acoustic transmission array that get closer to the end transmission element in the underwater acoustic transmission array as the first sequence progresses with time, wherein, after the first sequence, the controller switches a position of the start transmission element and the end transmission element in the underwater acoustic transmission array so that the start transmission element and the end transmission element used in the first sequence are a switched end transmission element and a switched start transmission element, respectively, and wherein, in a second sequence subsequent to switching the position of the start transmission element and the end transmission element, the switch is controlled to supply the transmission signal to the plurality of underwater acoustic transmission elements in the underwater acoustic transmission array between the switched start transmission element and the switched end transmission element in the underwater acoustic transmission array by sequentially supplying the transmission signal to underwater acoustic transmission elements in the underwater acoustic transmission array that get closer to the switched end transmission element in the underwater acoustic transmission array as the second sequence progresses with time” to lie within “wherein, in a first sequence, the first switch is controlled to supply the first transmission signal to the plurality of transmission elements in the first transmission array between a start transmission element and an end transmission element in the first transmission array by sequentially supplying the first transmission signal to transmission elements in the first transmission array that get closer to the end transmission element in the first transmission array as the first sequence progresses with time, wherein, after the first sequence, the controller switches a position of the start transmission element and the end transmission element in the first transmission array so that the start transmission element and the end transmission element used in the first sequence are a switched end transmission element and a switched start transmission element, respectively, and wherein, in a second sequence subsequent to switching the position of the start transmission element and the end transmission element, the first switch is controlled to supply the first transmission signal to the plurality of transmission elements in the first transmission array between the switched start transmission element and the switched end transmission element in the first transmission array by sequentially supplying the first transmission signal to transmission elements in the first transmission array that get closer to the switched end transmission element in the first transmission array as the second sequence progresses with time”, as such an alignment encompasses such scope.
Claim(s) 14 is rejected on the ground of nonstatutory double patenting as being unpatentable over Claim(s) 19 of NISHIMORI’961.
Referring to instant Claim(s) 14, although the claims at issue are not identical, they are not patentably distinct from each other because they include the same limitations, often with the exact same verbatim language, with only a minor change such as, the instant claim being broader and having (a first part of the transmission signal is supplied to the first transmission element in the underwater acoustic transmission array, and a second part of the transmission signal different from the first part is supplied to the second transmission element in the underwater acoustic transmission array) than that of Claim(s) 19 of NISHIMORI’961 which has (a first part of the first transmission signal is supplied to the first transmission element in the first transmission array, and a second part of the first transmission signal different from the first part is supplied to the second transmission element in the first transmission array). One having ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious for “a first part of the transmission signal is supplied to the first transmission element in the underwater acoustic transmission array, and a second part of the transmission signal different from the first part is supplied to the second transmission element in the underwater acoustic transmission array” to lie within “a first part of the first transmission signal is supplied to the first transmission element in the first transmission array, and a second part of the first transmission signal different from the first part is supplied to the second transmission element in the first transmission array”, as such an alignment encompasses such scope.
Claim(s) 15 is rejected on the ground of nonstatutory double patenting as being unpatentable over Claim(s) 20 of NISHIMORI et al (US 1,224,1961 B2); hereinafter referred to as NISHIMORI’961.
Referring to instant Claim(s) 15, although the claims at issue are not identical, they are not patentably distinct from each other because they include the same limitations, often with the exact same verbatim language, with only a minor change such as, the instant claim being broader and having (converting the transmission signal into an underwater acoustic transmission wave; supplying the transmission signal to a first transmission element in an underwater acoustic transmission array of the target detection device; and switching the transmission signal from the first transmission element in the underwater acoustic transmission array to a second transmission element in the underwater acoustic transmission array at a first timing) than that of Claim(s) 20 of NISHIMORI’961 which has (converting the first transmission signal into a first transmission wave; supplying the first transmission signal to a first transmission element in a first transmission array of the target object detection device; switching the first transmission signal from the first transmission element in the first transmission array to a second transmission element in the first transmission array at a first timing). One having ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious for “converting the transmission signal into an underwater acoustic transmission wave; supplying the transmission signal to a first transmission element in an underwater acoustic transmission array of the target detection device; and switching the transmission signal from the first transmission element in the underwater acoustic transmission array to a second transmission element in the underwater acoustic transmission array at a first timing” to lie within “converting the first transmission signal into a first transmission wave; supplying the first transmission signal to a first transmission element in a first transmission array of the target object detection device; switching the first transmission signal from the first transmission element in the first transmission array to a second transmission element in the first transmission array at a first timing”, as such an alignment encompasses such scope.
Furthermore, NISHIMORI’961 additional limitations of “generating a second transmission signal; converting the second transmission signal into a second transmission wave; supplying the second transmission signal to a first transmission element in a second transmission array of the target object detection device while the first transmission signal is being supplied to the first transmission element in the first transmission array; and switching the second transmission signal from the first transmission element in the second transmission array to a second transmission element in the second transmission array at a second timing after the first timing and before switching the first transmission signal from the second transmission element in the first transmission array to a third transmission element in the first transmission array” further narrow NISHIMORI’961 by reciting “a second transmission signal” and repeating for the second transmission signal, the processing performed for the first transmission signal. These additional narrowing limitations do not patentably distinguish the broader claim of the instant application, which encompasses the subject matter of claim 1 of NISHIMORI’961.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to duplicate the first transmission signal and perform the same processing steps on the second transmission signal disclosed in NISHIMORI’961 with a reasonable expectation of success because it would have merely repeated the known processing sequence for an additional signal to obtain a corresponding additional result.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMIE M N'DURE whose telephone number is 571-272-6031. The examiner can normally be reached on 8AM-5:30PM.
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/AMIE M NDURE/Examiner, Art Unit 3645
/ABDALLAH ABULABAN/Primary Examiner, Art Unit 3645
