UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 2231371450
`www.uspto.gov
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`15/455,884
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`03/10/2017
`
`NAOYA YOSOKU
`
`731156.592
`
`6741
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`Seed IP Law Group LLP/Panason1e
`701 Fifth Avenue, Suite 5400
`Seattle, WA 98104
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`AHBADE AKONAI' OLUMIDE
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`ART UNIT
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`3648
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`PAPER NUMBER
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`NOTIFICATION DATE
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`DELIVERY MODE
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`02/04/2020
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`ELECTRONIC
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
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`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
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`following e—mail address(es):
`US PTOeACtion @ SeedIP .Com
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`pairlinkdktg @ seedip .eom
`
`PTOL-90A (Rev. 04/07)
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`

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`017/09 A0170” Summary
`
`Application No.
`15/455,884
`Examiner
`OLUMIDE T AJIBADE AKONAI
`
`Applicant(s)
`YOSOKU et al.
`Art Unit
`AIA (FITF) Status
`3648
`Yes
`
`- The MAILING DA TE of this communication appears on the cover sheet wit/7 the correspondence address -
`Period for Reply
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`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a). In no event, however, may a reply be timely filed after SIX (6) MONTHS from the mailing
`date of this communication.
`|f NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from 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, even if timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
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`Status
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`1). Responsive to communication(s) filed on 27 January 2020.
`El A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2a)[:] This action is FINAL.
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`2b)
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`This action is non-final.
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`3)[:] An election was made by the applicant in response to a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
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`4):] 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 Expade Quay/e, 1935 CD. 11, 453 O.G. 213.
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`Disposition of Claims*
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`5)
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`Claim(s)
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`1—2 and 5—10 is/are pending in the application.
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`5a) Of the above claim(s)
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`is/are withdrawn from consideration.
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`
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`[:1 Claim(ss)
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`is/are allowed.
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`Claim(ss) 1 —2 and 5— 10 is/are rejected.
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`D Claim(ss_) is/are objected to.
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`) ) ) )
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`S)
`are subject to restriction and/or election requirement
`[:1 Claim(s
`* If any claims have been determined aflowable. you may be eligible to benefit from the Patent Prosecution Highway program at a
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`participating intellectual property office for the corresponding application. For more information, please see
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`http://www.uspto.gov/patents/init events/pph/index.jsp or send an inquiry to PPeredback@uspto.gov.
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`Application Papers
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`10)|:l The specification is objected to by the Examiner.
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`is/are: a)[] accepted or b)l:] objected to by the Examiner.
`11)[:] The drawing(s) filed on
`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).
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`Priority under 35 U.S.C. § 119
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`12). Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
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`a). All
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`b)|:] Some**
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`c)l:i None of the:
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`1.. Certified copies of the priority documents have been received.
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`2C] Certified copies of the priority documents have been received in Application No.
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`3D Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
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`** See the attached detailed Office action for a list of the certified copies not received.
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`Attachment(s)
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`1)
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`Notice of References Cited (PTO-892)
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`2) C] Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date_
`U.S. Patent and Trademark Office
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`3) E] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) CI Other-
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`PTOL-326 (Rev. 11-13)
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`Office Action Summary
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`Part of Paper No./Mai| Date 20200127
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`

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`Application/Control Number: 15/455,884
`Art Unit: 3648
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`Page 2
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`DETAILED ACTION
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`Notice of Pre-AIA or AIA Status
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`1.
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`The present application, filed on or after March 16, 2013, is being examined
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`under the first inventor to file provisions of the AIA.
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`Allowable Subject Matter
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`2.
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`Applicant is advised that the Notice of Allowance mailed October 23, 2019 is
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`vacated.
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`If the issue fee has already been paid, applicant may request a refund or
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`request that the fee be credited to a deposit account. However, applicant may wait until
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`the application is either found allowable or held abandoned.
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`lf allowed, upon receipt of
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`a new Notice of Allowance, applicant may request that the previously submitted issue
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`fee be applied.
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`lf abandoned, applicant may request refund or credit to a specified
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`Deposit Account.
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`Claim Rejections - 35 USC § 1 12
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`3.
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`The following is a quotation of 35 U.S.C. 112(b):
`(b) CONCLUSION—The specification shall conclude with one or more claims particularly
`pointing out and distinctly claiming the subject matter which the inventor or a joint inventor
`regards as the invention.
`
`The following is a quotation of 35 U.S.C. 112 (pre-AIA), second paragraph:
`The specification shall conclude with one or more claims particularly pointing out and distinctly
`claiming the subject matter which the applicant regards as his invention.
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`4.
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`Claims 1, 2, and 5-10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-
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`AIA), second paragraph, as being indefinite for failing to particularly point out and
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`distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA
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`the applicant regards as the invention.
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`

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`Application/Control Number: 15/455,884
`Art Unit: 3648
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`Page 3
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`Claim 1 recites the limitation
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`Nsc being an integer greater than or equal to 2,
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`Nca being an integer greater than or equal to 2 and less than Nsc, and Nd being an
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`integer greater than or equal to Nbc”. If both N30 and Nca are greater than or equal to 2,
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`how is Nca less than Nsc? For example, both Nsc and Nca can be greater than or equal
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`to 2, both they can both be the same number (i.e. Nsc and Nca equals 2), at which point
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`Nca is not less than Nsc. Therefore, it is unclear as to how Nsc is an integer greater
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`than or equal to 2, and Nca is an integer greater than or equal to 2 and less than Nsc,
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`as recited in the claim.
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`Furthermore, the claim limitation recites Nd as being an integer greater than or
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`equal to Nbc. However, Nd has already been used to define 2 different variables; 1) Nd
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`different complementary groups from among Nbc codes, and 2) Nd indicating a Doppler
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`cycle count. This makes the claim indefinite because it is unclear as exactly what
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`variable Nd is used to represent. ls Nd the different complementary groups, a Doppler
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`cycle count, or is Nd an integer greater than or equal to Nbc?
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`On line 6 of, “Nca” lacks antecedent basis in the claim.
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`On line 8, “Nsc” lacks antecedent basis in the claim.
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`Regarding claim 2, the claim recites “...wherein Nca is equal to eight... If Nca is
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`equal to 8, and Nsc can be 2 or more, and Nca is less than Nsc, than it is unclear as to
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`whether Nca is greater than or less than Nsc because Nsc can be between 2-8, which
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`contradicts the claim limitation recited in claim 1
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`Nsc being an integer greater than or
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`

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`Application/Control Number: 15/455,884
`Art Unit: 3648
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`Page 4
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`equal to 2, Nca being an integer greater than or equal to 2 and less than Nsc” because
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`in this case it is possible that Nca is not less than Nsc.
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`On line 3, the claim limitation “the first code” lacks antecedent basis in the claim.
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`Claim 6 is the method claim of claim 1 and recites all the limitations of claim 1. It
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`is rejected under 35 U.S.C. 112 for the same reasons as claim 1 above.
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`Claim 7 is the method claim of claim 2 and recites all the limitations of claim 2. It
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`is rejected under 35 U.S.C. 112 for the same reasons as claim 2 above.
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`In view of the 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), second paragraph,
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`the examiner interprets the claims (claims 1 and 6) as a radar apparatus comprising a
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`pulse code generator which, in operation, generates complementary groups from codes
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`generated by a code coupling process, and a transmitter which, in operation, transmits
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`each of the complementary groups in Doppler cycles, which is anticipated by prior art
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`reference Kishigami et al 20130176166.
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`Claim Rejections - 35 USC § 102
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`5.
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`In the event the determination of the status of the application as subject to AIA 35
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`U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any
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`correction of the statutory basis for the rejection will not be considered a new ground of
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`rejection if the prior art relied upon, and the rationale supporting the rejection, would be
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`the same under either status.
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`

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`Application/Control Number: 15/455,884
`Art Unit: 3648
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`Page 5
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`6.
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`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that
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`form the basis for the rejections under this section made in this Office action:
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`A person shall be entitled to a patent unless —
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`(a)(1) the claimed invention was patented, described in a printed publication, or in public use,
`on sale or othenNise available to the public before the effective filing date of the claimed
`invention.
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`7.
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`Claims 1, 5, 6, and 8-10 are rejected under 35 U.S.C. 102(a)(1) as being
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`anticipated by Kishigami et al 20130176166 (hereinafter Kishigami).
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`Regarding claim 1, Kishigami discloses
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`A radar apparatus (see fig. 1, [0058]) comprising:
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`a pulse code generator (4, see fig. 1, [0070], [0074]) which, in operation, selects Nd
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`different complementary groups from among Nbc codes generated by a code coupling
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`process on Nbc basic code pairs (transmission codes generated from pair of
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`complementary code sequences an and bn, and transmission code controller CT1
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`performs selective switching to transmission code an or bn see [0074]-[0077]), the Nbc
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`codes including a plurality of complementary groups comprising Ncp complementary
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`codes (code sequences an and bn, see [0070]), Nd indicating a Doppler cycle count,
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`Nca indicating a coherent addition count and being an integral multiple of Ncp, Nbc and
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`Ncp each being an integer greater than or equal to 2, Nsc being an integer greater than
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`or equal to 2, Nca being an integer greater than or equal to 2 and less than Nsc, and Nd
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`being an integer greater than or equal to Nbc; and
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`a transmitter (see fig. 1, [0057]-[0059]) which, in operation, transmits each of the
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`selected Nd different complementary groups each of Nd Doppler cycles (see figs. 1 and
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`2, [0077]-[0079]), a basic code pair used in any one of the selected Nd different
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`

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`Application/Control Number: 15/455,884
`Art Unit: 3648
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`Page 6
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`complementary groups in a current Doppler cycle being different from basic code pairs
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`used in others of the selected Nd different complementary groups in two of the Doppler
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`cycles that are adjacent to the current Doppler cycle (see figs. 1 and 2, transmission of
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`radar transmission code in the transmission cycles, [0077]-[0087]).
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`Regarding claim 5 as applied to claim 1, Kishigami further discloses wherein the
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`transmitter transmits each of the Nsc complementary codes belonging to
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`Nbc codes at least once and a same number of times within a Doppler analysis interval
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`in a measurement by the radar apparatus (see figs. 1 and 2, transmission of radar
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`transmission code in the transmission cycles, [0077]-[0087]).
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`Regarding claim 6, Kishigami discloses
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`A radar method comprising: selecting Nd different complementary groups from among
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`Nbc codes generated by a code coupling process on Nbc basic code pairs
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`(transmission codes generated from pair of complementary code sequences an and bn,
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`and transmission code controller CT1 performs selective switching to transmission code
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`an or bn see [0074]-[0077]), the Nbc codes including a plurality of complementary groups
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`comprising Ncp complementary codes (code sequences an and bn, see [0070]), Nd
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`indicating a Doppler cycle count Nca indicating a coherent addition count and being an
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`integral multiple of Ncp, Nbc and Ncp each being an integer greater than or equal to 2,
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`Nsc being an integer greater than or equal to 2, Nca being an integer greater than or
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`equal to 2 and less than Nsc, and Nd being an integer greater than or equal to Nbc; and
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`transmitting (see fig. 1, [0057]-[0059]) each of the selected Nd different complementary
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`groups each of Nd Doppler cycles (see figs. 1 and 2, [0077]-[0079]), a basic code pair
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`used in any one of the selected Nd different complementary groups in a current Doppler
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`

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`Application/Control Number: 15/455,884
`Art Unit: 3648
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`Page 7
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`cycle being different from basic code pairs used in others of the selected Nd different
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`complementary groups in two of the Doppler cycles that are adjacent to the current
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`Doppler cycle (see figs. 1 and 2, transmission of radar transmission code in the
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`transmission cycles, [0077]-[0087]).
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`Regarding claim 8 as applied to claim 6, Kishigami further discloses wherein the
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`transmitting includes transmitting each of the Nsc complementary codes belonging to
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`the Nbc codes at least once and a same number of times within a Doppler
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`analysis interval in a measurement by a radar apparatus (see figs. 1 and 2,
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`transmission of radar transmission code in the transmission cycles, [0077]-[0087]).
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`Regarding claims 9 and 10 as applied to claims 6 and 1, Kishigami further
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`discloses wherein the Nbc codes, when transmitted, produce a plurality of range
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`sidelobes in a plurality of range bins, respectively (see fig. 5, [0213]—[0215], [0217]).
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`Conclusion
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`8.
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`The prior art made of record and not relied upon is considered pertinent to
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`applicant's disclosure.
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`Wills 4,937,580.
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`9.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to OLUMIDE T AJIBADE AKONAI whose telephone
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`number is (571 )272—6496. The examiner can normally be reached on Monday-Friday
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`8AM-4PM.
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`Examiner interviews are available via telephone, in-person, and video
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`conferencing using a USPTO supplied web-based collaboration tool. To schedule an
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`

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`Application/Control Number: 15/455,884
`Art Unit: 3648
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`Page 8
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`interview, applicant is encouraged to use the USPTO Automated Interview Request
`
`(AIR) at http://www.uspto.gov/interviewpractice.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, VLADIMIR MAGLOIRE can be reached on 571-270-5144. The fax phone
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`number for the organization where this application or proceeding is assigned is 571 -
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`273-8300.
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`Information regarding the status of an application may be obtained from the
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`Patent Application Information Retrieval (PAIR) system. Status information for
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`published applications may be obtained from either Private PAIR or Public PAIR.
`
`Status information for unpublished applications is available through Private PAIR only.
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`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
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`/OLUMIDE AJIBADE AKONAI/
`
`Primary Examiner, Art Unit 3648
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`/VLADIMIR MAGLOIRE/
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`Supervisory Patent Examiner, Art Unit 3648
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`