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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`17/532,843
`
`11/22/2021
`
`Takaaki KISHIGAMI
`
`733756.424
`
`1006
`
`Seed IP Law Group LLP/Panasonic
`701 Fifth Avenue, Suite 5400
`Seattle, WA 98104
`
`BARKER, MATTHEW M
`
`ART UNIT
`
`3646
`
`PAPER NUMBER
`
`NOTIFICATION DATE
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`DELIVERY MODE
`
`06/12/2024
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`USPTOeAction @ SeedIP.com
`
`pairlinkdktg @seedip.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Disposition of Claims*
`1-14 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) _ is/are withdrawn from consideration.
`CL] Claim(s)__is/are allowed.
`Claim(s) 1-14 is/are rejected.
`(] Claim(s)__ is/are objectedto.
`C] Claim(s
`are subjectto restriction and/or election requirement
`)
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http://www.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) ) ) )
`
`Application Papers
`10)¥] The specification is objected to by the Examiner.
`11) The drawing(s) filed on 11/22/2021 is/are: a)[¥) accepted or b)(.) objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121(d).
`
`Priority under 35 U.S.C. § 119
`12)(¥) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`_—_c)L) None ofthe:
`b)L) Some**
`a)Y) All
`1.) Certified copies of the priority documents have been received.
`2.1.) Certified copies of the priority documents have been received in Application No. |
`3.2.) Copies of the certified copies of the priority documents have been receivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`*“ See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3)
`
`4)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20240606
`
`Application No.
`Applicant(s)
`17/1532,843
`KISHIGAMI, Takaaki
`
`Office Action Summary Art Unit|AIA (FITF)StatusExaminer
`Matthew M Barker
`3646
`Yes
`
`
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORYPERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensionsof time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1) Responsive to communication(s) filed on 11/22/2021.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)() This action is FINAL. 2b)¥)This action is non-final.
`3) An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4)(2) Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`

`

`Application/Control Number: 17/532,843
`Art Unit: 3646
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`Page 2
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`DETAILED ACTION
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`Notice of Pre-AlA or AIA Status
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`1.
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`The present application, filed on or after March 16, 2013,
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`is being examined
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`underthefirst inventor to file provisions of the AIA.
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`Specification
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`2.
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`The specification is objected to as failing to provide proper antecedent basis for
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`the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(0). Correction
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`of the following is required:
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`Claim 1 requires: “each of the plurality of transmission antennas is associated
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`with each of a plurality of combinations of the Doppler shift amount and the code
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`sequence”
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`However, the specification discloses, e.g. in summary at [0359]:
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`“each of the plurality of transmission antennas is associated with a combination
`of the Doppler shift amount and the code sequence’.
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`Similar disclosure is found at [0009] and [0122]. That is, there is no apparent
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`description that each of the plurality of transmission antennas is associated with each
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`of a plurality of combinations. Correction of the claims and/or specification is required,
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`as appropriate.
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`Double Patenting
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`3.
`
`The nonstatutory double patenting rejection is based on a judicially created
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`doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the
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`unjustified or improper timewise extension of the “right to exclude” granted by a patent
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`and to prevent possible harassment by multiple assignees. A nonstatutory double
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`

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`Application/Control Number: 17/532,843
`Art Unit: 3646
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`Page 3
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`patenting rejection is appropriate where the conflicting claims are not identical, but at
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`least one examined application claim is not patentably distinct from the reference
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`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)
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`may be used to overcome an actualor 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 underthefirst inventortofile
`
`provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146et seq.for
`
`applications not subject to examination underthefirst inventor to file provisions of the
`
`AlA. A terminal disclaimer must be signed in compliance with 37 CFR 1.321 (b).
`
`Thefiling of a terminal disclaimerbyitself is not a complete reply toa
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`nonstatutory double patenting (NSDP) rejection. A complete reply requires that the
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`terminal disclaimer be accompanied by a reply requesting reconsideration of the prior
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`Office action. Even where the NSDP rejection is provisional the reply must be complete.
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`See MPEP § 804,subsection |.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
`
`

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`Application/Control Number: 17/532,843
`Art Unit: 3646
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`Page 4
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`reconsideration while not provided for in 37 CFR 1.113(c) maybefiled after final for
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`consideration. See MPEP §§ 706.07(e) and 714.13.
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`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
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`application in which the form is filed determines what form (e.g., PTO/SB/25,
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`PTO/SB/26, PTO/AIA/25, or PTO/AIA/26) should be used. A web-based eTerminal
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`Disclaimer may befilled out completely online using web-screens. An eTerminal
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`Disclaimer that meets all requirements is auto-processed and approved immediately
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`upon submission. For more information about eTerminal Disclaimers, refer to
`
`
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`4.
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`Claim 1
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`is provisionally rejected on the ground of nonstatutory double patenting
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`as being unpatentable over claim 4 of copending Application No. 18/656,438 (reference
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`application). Although the claims at issue are not identical, they are not patentably
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`distinct from each other because patented claim 4 anticipates claim 1. Claim 4 of the
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`copending application clearly anticipates all of the features of claim 1 except for the
`
`claim 1
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`indication of “wherein a transmission delay of the transmission signal is set for a
`
`transmission period of the transmission signal’. However, this language is found to add
`
`little or no limitation, as the transmission signal inherently has a “transmission period”
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`and a “delay” of this signal must be set, even if to zero.
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`This is a provisional nonstatutory double patenting rejection because the
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`patentably indistinct claims have not in fact been patented.
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`

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`Application/Control Number: 17/532,843
`Art Unit: 3646
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`Page 5
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`5.
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`Claim 1
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`is rejected on the ground of nonstatutory double patenting as being
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`unpatentable over both claim 3 and claim 13 of U.S. Patent No. 12,019,145. Although
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`the claims at issue are notidentical, they are not patentably distinct from each other
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`because patented claims 3 and 13 anticipate claim 1. Patented claims 3 and 13 include
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`all of the features of claim 1 with nearly identical language except for the claim 1
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`indication of “wherein a transmission delay of the transmission signal is set for a
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`transmission period of the transmission signal’. However, this language is found to add
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`little or no limitation, as the transmission signal inherently has a “transmission period”
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`and a “delay” of this signal must be set, even if to zero.
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`Claim Rejections - 35 USC § 112
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`6.
`
`The following is a quotation of 35 U.S.C. 112(b):
`(b) CONCLUSION.—The specification shall concludewith one or more claims particularly
`pointing out and distinctly claiming the subject matter which the inventor ora jointinventor
`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 outand distinctly
`claiming the subject matter which the applicant regards as his invention.
`
`Claims 1-7 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AlA),
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`second paragraph, as being indefinite for failing to particularly point out and distinctly
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`claim the subject matter which the inventoror a joint inventor (or for applications subject
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`to pre-AlA 35 U.S.C. 112, the applicant), regards as the invention.
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`Claim 1 requires “wherein...each of the plurality of transmission antennasis
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`associated with each of a plurality of combinations of the Doppler shift amount and the
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`code sequence”. The metes and boundsof this association cannot be determined.
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`In
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`the specification the term is found to be used only in similar context (albeit where each
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`

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`Application/Control Number: 17/532,843
`Art Unit: 3646
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`Page 6
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`antenna is associated with --a-- combination as indicated above).
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`It appears from the
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`disclosure that each antenna is “associated with’ one of phase rotators 108 (e.g. Fig. 1);
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`it is the “transmission circuit” whose function it is to apply phase rotation corresponding
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`to combinations of the shift amounts and code sequence to the transmission signal.
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`Therefore the only scenario where antennas themselves would be “associated with”
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`each of these combinations as claimed appears to be while in active operation, i.e.
`7
`Is “is associated...” intended as an actual step? A single claim
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`performing a method.
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`which claims both an apparatus and the method steps of using the apparatus is
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`indefinite under 35 U.S.C. 112(b) See MPEP 2173.05(p) (Il).
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`It is otherwise not clear
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`what the intended meaning of antennas “associated with” the combinations is or what
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`limitation it imposes on the components of the radar apparatus in this context.
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`Is it
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`instead the intent that the transmission circuit is configured to associate each of the
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`transmission antennas with each of a plurality of combinations? Amendmentto this
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`effect is suggested if so. Claims 2-14 depend on claim 1 and arelikewiseindefinite.
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`Claim 2 recites the limitation "a plurality of the transmission delays"in line 2.
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`There is insufficient antecedent basis forthis limitation in the claim. Previously, only “a
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`transmission delay of the transmission signal” is introduced.
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`Claim 7 recites the limitation "the code sequences" in claim 7. There is
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`insufficient antecedent basis forthis limitation in the claim. Previously, only “a code
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`sequence”is introduced.
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`Allowable Subject Matter
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`7.
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`As best can be determined, claims 1-14 would be allowable uponfiling of a
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`terminal disclaimer as appropriate and if rewritten or amended to overcome the
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`

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`Application/Control Number: 17/532,843
`Art Unit: 3646
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`Page 7
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`rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AlA), 2nd paragraph, set forth
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`in this Office action.
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`Conclusion
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`8.
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`The prior art made of record and notrelied upon is considered pertinent to
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`applicant's disclosure. Bai et al., Lao et al., and Melzer et. al disclose radar apparatuses
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`having a plurality of transmission antennas and a transmission circuit that applies a
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`phase rotation using doppler division multiplexing; Bai specifically discloses multiple
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`digital phase modulators are operable to implement code division modulation (CDM) in
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`response to code waveforms from a controller, and a plurality of phase rotators are
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`operable to provide Doppler-division multiplexing (DDM) in response to frequency shift
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`waveforms from the controller. Lao specifically indicates that phase modulation is
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`performed ona first signal and a second signal through different code division,
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`thatis,
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`by using steps of different Doppler shifts.
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`9.
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`Anyinquiry concerning this communication or earlier communications from the
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`examiner should be directed to Matthew M Barker whose telephone numberis
`
`(571)272-3103. The examiner can normally be reached M, W,Th, Fri 8:00 AM-4:30 PM
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`Eastern Time.
`
`Examinerinterviews are available via telephone,
`
`in-person, and video
`
`conferencing using a USPTO supplied web-based collaboration tool. To schedule an
`
`interview, applicant is encouraged to use the USPTO AutomatedInterview Request
`
`(AIR) at http:/Awww.uspto.gov/interviewpractice.
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`

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`Application/Control Number: 17/532,843
`Art Unit: 3646
`
`Page 8
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
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`supervisor, Jack Keith can be reached on 571-273-6878. The fax phone numberfor the
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`organization wherethis application or proceeding is assigned is 571-273-8300.
`
`Information regarding the status of published or unpublished applications may be
`
`obtained from Patent Center. Unpublished application information in Patent Centeris
`
`available to registered users. To file and manage patent submissions in Patent Center,
`
`visit: httos://patentcenter.uspto.gov. Visit https:/Avww.uspto.gov/patents/apply/patent-
`
`center for more information about Patent Center and
`
`https://www.uspto.gov/patents/docx for information aboutfiling in DOCX format. For
`
`additional questions, contact the Electronic Business Center (EBC) at 866-217-9197
`
`(toll-free).
`
`If you would like assistance from a USPTO Customer Service
`
`Representative, call 800-786-9199 (IN USA OR CANADA)or 571-272-1000.
`
`/MATTHEW M BARKER/
`Primary Examiner, Art Unit 3646
`
`