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 .
Examiner’s Note
For applicant’s benefit, portions of the cited reference(s) have been cited to aid in the review of the rejection(s). While every attempt has been made to be thorough and consistent within the rejection it is noted that the PRIOR ART MUST BE CONSIDERED IN ITS ENTIRETY, including disclosures that teach away from the claims. See MPEP 2141.02 VI.
“The use of patents as references is not limited to what the patentees describe as their own inventions or to the problems with which they are concerned. They are part of the literature of the art, relevant for all they contain.” In re Heck, 699 F.2d 1331, 1332-33, 216 USPQ 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006, 1009, 158 USPQ 275, 277 (CCPA 1968)). A reference may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art, including non-preferred embodiments. Merck & Co. v.Biocraft Laboratories, 874 F.2d 804, 10 USPQ2d 1843 (Fed. Cir.), cert. denied, 493 U.S. 975 (1989). See also Upsher-Smith Labs. v. Pamlab, LLC, 412 F.3d 1319, 1323, 75 USPQ2d 1213, 1215 (Fed. Cir. 2005) See MPEP 2123.
Claim Objections
Claim(s) 5-8 is/are objected to because of the following informalities:
Claim 5 recites “the radio wave sensor apparatus of according to claim 1” which is suggested to be amended to “the radio wave sensor apparatus [[of]] according to claim 1”.
Claim 6 recites “the radio wave sensor apparatus of according to claim 2” which is suggested to be amended to “the radio wave sensor apparatus [[of]] according to claim 2”.
Claim 7 recites “the radio wave sensor apparatus of according to claim 3” which is suggested to be amended to “the radio wave sensor apparatus [[of]] according to claim 3”.
Claim 8 recites “the radio wave sensor apparatus of according to claim 4” which is suggested to be amended to “the radio wave sensor apparatus [[of]] according to claim 4”.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
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 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over Jirskog (US 2009/0315758 A1 “JIRSKOG”), in view of Kamo et al. (US 2019/0020120 A1 “KAMO”).
Regarding claim 1, JIRSKOG discloses (Examiner’s note: What JIRSKOG does not disclose is ) a radio wave sensor apparatus comprising: a signal generator 21 [0043]); a transmitting antenna to radiate the high frequency signal into a space (the transceiver 20 has a transmitter branch 23 connecting the signal generator 21 with a transmitting propagating device 24 via the WPD 22 and a first frequency multiplier 25, which is configured to multiply the frequency of the electromagnetic signals SG generated by the signal generator 21 with a predetermined multiplication factor N, to thereby form signals ST to be transmitted through the transmitting propagating device 24 [0043]); a receiving antenna to receive a reflected wave of the high frequency signal from an object (the transmitted electromagnetic signals ST are reflected and are returned to the transceiver 20 as echo signals SR by the receiving propagating device 26 [0044]); a mixer to mix the high frequency signal and the reflected wave received by the receiving antenna to produce a reception signal (the receiver branch 27 is connected to a mixer 29, where the received echo signals SR are mixed with signals from the signal generator 21 multiplied by the predetermined multiplication factor N in a second frequency multiplier 30, whereby an intermediate frequency signal SIF indicative of a frequency difference between the transmitted electromagnetic signal ST and the received echo signals SR is formed [0046]); and a signal processing device to produce a detection signal of the object from the reception signal (a processing unit 11, which is connected to the transceiver 10 for control of the transceiver and processing of signals received by the transceiver to determine the filling level of the product 6 in the tank 5 [0038]); wherein the transmitting antenna has a transmitting antenna section and a transmitting horn section; wherein the receiving antenna has a receiving antenna section and a receiving horn section; wherein the transmitting antenna section and the receiving antenna section are disposed in a spaced manner on a same plane; wherein an inner wall of the transmitting horn section and an inner wall of the receiving horn section have a wall portion that separates the transmitting antenna and the receiving antenna from each other (a horn antenna 50 comprising a transmitter part 51 and a receiver part 52. The transmitter part 51 and the receiver part 52 are separated by a partition 53 dividing the interior of the horn antenna in two. Furthermore, the antenna device 50 in FIG. 5 has a transmitter connector 54 and a receiver connector 55 for enabling connecting the antenna device 50 to a transceiver 20 [0056-0057]); the transmitter part 51 and the receiver part 52 are separated by a partition 53 dividing the interior of the horn antenna in two [0056]).
In a same or similar field of endeavor, KAMO teaches that the transmission/ reception circuit 580 includes a triangular wave generation circuit 581, a VCO (voltage controlled oscillator) 582, a distributor 583, mixers 584, filters 585, a switch 586, an A/D converter 587, and a controller 588 [0262]. Furthermore, KAMO teaches that each horn antenna element may be structured so that, the inner walls of the horn are substantially perpendicular to the flat face of the base, as in e.g. a box horn [0131 & FIGS. 15B-15C]. The pair of first inner walls 115 and the pair of second inner walls 117 of the horn of each horn antenna element 114, and the base 119 having a flat surface, enclose a box-shaped space, the box-shaped space being open on the upper end. The pair of second inner walls 117 are interconnected by the bridge 116 near the aperture plane [0135].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of JIRSKOG to include the teachings of KAMO, because doing so would produce a horn antenna array whose antenna elements have a narrow effective arraying interval at a production cost which is lower than conventional, as recognized by KAMO.
Regarding claim 3, JIRSKOG/ KAMO discloses the radio wave sensor apparatus according to claim 1, wherein the transmitting horn section and the receiving horn section are configured by dividing a pyramidal horn evenly along a height direction by the wall portion (see FIG. 5 of JIRSKOG showing a pyramidal horn); (the transmitter part 51 and the receiver part 52 are separated by a partition 53 dividing the interior of the horn antenna in two [JIRSKOG 0056], cited and incorporated in the rejection of claim 1).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over JIRSKOG, in view of KAMO, and further in view of Westerling (US 2014/0085129 A1 “WESTERLING”).
Regarding claim 2, JIRSKOG/ KAMO discloses the radio wave sensor apparatus according to claim 1,
In a same or similar field of endeavor, WESTERLING teaches that the antenna 6 in FIG. 2A is a horn antenna, having an antenna aperture defined by the opening 35 of a substantially conical antenna horn 21. A partition wall, here in the form of a metal plate 22, is arranged in the interior of the horn 21, so as to extend between the interior walls of the horn thereby dividing it into two partitions, a transmit partition 23 and a receive partition 24 [0031]. The plate 22 may be arranged in a plane including the central axis A of the antenna. In this case, if the horn 21 is rotational symmetric, the partitions 23, 24 will be of equal size and shape [0031].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of JIRSKOG to include the teachings of WESTERLING, because doing so would increase system sensitivity and reduce leakage, as recognized by WESTERLING.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over JIRSKOG, in view of KAMO, and further in view of Amyotte et al. (US 2002/0000945 A1 “AMYOTTE”).
Regarding claim 4, JIRSKOG/ KAMO discloses the radio wave sensor apparatus according to claim 1, wherein the transmitting horn section and the receiving horn section are configured by dividing a see FIG. 5 of JIRSKOG showing a pyramidal horn); (the transmitter part 51 and the receiver part 52 are separated by a partition 53 dividing the interior of the horn antenna in two [JIRSKOG 0056], cited and incorporated in the rejection of claim 1).
In a same or similar field of endeavor, AMYOTTE teaches high performance multimode horns [0053].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of JIRSKOG to include the teachings of AMYOTTE, because doing so would provide a dual-mode or hybrid mode feedhorns to achieve an optimal MBA (Multi-Beam Antennas) performance, as recognized by AMYOTTE.
Claims 5 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over JIRSKOG, in view of KAMO, and further in view of Pantea et al. (US 2013/0099989 A1 “PANTEA”).
Regarding claim 5, JIRSKOG/ KAMO discloses the radio wave sensor apparatus of according to claim 1, wherein the transmitting horn section and the receiving horn section are integrally formed by a member see FIG. 5 of JIRSKOG showing a pyramidal horn); (the transmitter part 51 and the receiver part 52 are separated by a partition 53 dividing the interior of the horn antenna in two [JIRSKOG 0056], cited and incorporated in the rejection of claim 1).
In a same or similar field of endeavor, PANTEA teaches that the horn antenna comprises a cylindrical body 1 [0022].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of JIRSKOG to include the teachings of PANTEA, because doing so would provide compatibility and accommodation for mounting connection, as recognized by PANTEA.
Regarding claim 7, JIRSKOG/ KAMO discloses the radio wave sensor apparatus of according to claim 3, wherein the transmitting horn section and the receiving horn section are integrally formed by a member in a cylinder shape or a prism shape provided with a through hole having a partition wall in a height direction; and the partition wall is the wall portion separating the transmitting antenna and the receiving antenna from each other (see FIG. 5 of JIRSKOG showing a pyramidal horn); (the transmitter part 51 and the receiver part 52 are separated by a partition 53 dividing the interior of the horn antenna in two [JIRSKOG 0056], cited and incorporated in the rejection of claim 1).
In a same or similar field of endeavor, PANTEA teaches that the horn antenna comprises a cylindrical body 1 [0022].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of JIRSKOG to include the teachings of PANTEA, because doing so would provide compatibility and accommodation for mounting connection, as recognized by PANTEA.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over JIRSKOG, in view of KAMO, and WESTERLING, and further in view of PANTEA.
Regarding claim 6, JIRSKOG/ KAMO/ WESTERLING discloses the radio wave sensor apparatus of according to claim 2, wherein the transmitting horn section and the receiving horn section are integrally formed by a member see FIG. 5 of JIRSKOG showing a pyramidal horn); (the transmitter part 51 and the receiver part 52 are separated by a partition 53 dividing the interior of the horn antenna in two [JIRSKOG 0056], cited and incorporated in the rejection of claim 1).
In a same or similar field of endeavor, PANTEA teaches that the horn antenna comprises a cylindrical body 1 [0022].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of JIRSKOG to include the teachings of PANTEA, because doing so would provide compatibility and accommodation for mounting connection, as recognized by PANTEA.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over JIRSKOG, in view of KAMO, and AMYOTTE, and further in view of PANTEA.
Regarding claim 8, JIRSKOG/ KAMO/ AMYOTTE discloses the radio wave sensor apparatus of according to claim 4, wherein the transmitting horn section and the receiving horn section are integrally formed by a member see FIG. 5 of JIRSKOG showing a pyramidal horn); (the transmitter part 51 and the receiver part 52 are separated by a partition 53 dividing the interior of the horn antenna in two [JIRSKOG 0056], cited and incorporated in the rejection of claim 1).
In a same or similar field of endeavor, PANTEA teaches that the horn antenna comprises a cylindrical body 1 [0022].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of JIRSKOG to include the teachings of PANTEA, because doing so would provide compatibility and accommodation for mounting connection, as recognized by PANTEA.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Abe et al. (US 2015/0229023 A1) is considered pertinent art for the disclosure overall, and in particular the details of a DBF antenna unit including one or more transmitting antennas and a plurality of receiving antennas arranged at a predetermined interval in a horizontal scanning direction. Each of the transmitting antennas and the receiving antennas includes a waveguide provided with a corner bend and a horn expanding in a pyramid-like shape from one end of the waveguide. The other ends of the waveguides of all the transmitting antennas and the receiving antennas are placed on the same plane.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HAILEY R LE whose telephone number is (571)272-4910. The examiner can normally be reached 9:00 AM - 5:00 PM EST.
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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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/Hailey R Le/Examiner, Art Unit 3648 October 12, 2026
