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
`
`15/703,788
`
`09/13/2017
`
`TAKAAKI KISHIGAMI
`
`731156.646
`
`4435
`
`Seed IP Law Group LLP/Panason1e
`701 Fifth Avenue, Suite 5400
`Seattle, WA 98104
`
`ARMAND' MARC ANTHONY
`
`ART UNIT
`
`3646
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`04/09/2020
`
`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):
`US PTOeACtion @ SeedIP .Com
`
`pairlinkdktg @ seedip .eom
`
`PTOL-90A (Rev. 04/07)
`
`

`

`017/09 A0170” Summary
`
`Application No.
`15/703,788
`Examiner
`MARC ANTHONY ARMAN D
`
`Applicant(s)
`KISHIGAMI, TAKAAKI
`Art Unit
`AIA (FITF) Status
`3646
`Yes
`
`- The MAILING DA TE of this communication appears on the cover sheet wit/7 the correspondence address -
`Period for Reply
`
`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).
`
`Status
`
`1)I Responsive to communication(s) filed on 01/14/2020.
`CI A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2a)I This action is FINAL.
`
`2b) D This action is non-final.
`
`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.
`
`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.
`
`Disposition of Claims*
`
`5)
`
`Claim(s) fl is/are pending in the application.
`
`5a) Of the above Claim(s)
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`is/are withdrawn from consideration.
`
`
`
`[:1 Claim(s)
`
`is/are allowed.
`
`Claim(s) 1—7 and 9 is/are rejected.
`
`Claim(s) § is/are objected to.
`
`) ) ) )
`
`)
`are subject to restriction and/or election requirement
`C] Claim(s
`* If any claims have been determined allowable, you may be eligible 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.jjgptgng/patents/init_event§/pph/index.'§p or send an inquiry to PPeredhack@gsptg.ggv.
`
`Application Papers
`
`10):] The specification is objected to by the Examiner.
`
`11)I The drawing(s) filed on 09/13/2017 is/are: a)I accepted or b)D 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)I Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`a). All
`
`b)C] Some**
`
`c)[j None of the:
`
`1.I Certified copies of the priority documents have been received.
`
`2E] Certified copies of the priority documents have been received in Application No.
`
`3C] 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)).
`
`** See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`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
`
`3) E] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) CI Other-
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20200403
`
`

`

`Application/Control Number: 15/703,788
`Art Unit: 3646
`
`Page 2
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`DETAILED ACTION
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`Notice of Pre-AIA or AIA Status
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`The present application, filed on or after March 16, 2013, is being examined
`
`under the first inventor to file provisions of the AIA.
`
`Claim Rejections - 35 USC § 102
`
`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 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 the appropriate paragraphs of 35 U.S.C. 102 that
`
`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 —
`
`(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.
`
`1.
`
`Claim(s) 1 is/are rejected under 35 U.S.C. 102 (a1) as being unpatentable
`
`over Huang US 2015/0323652.
`
`Regarding eiairn 1, Huang shows in iig.2i3w3i3, a ratiar apparatus comprising: a
`
`radar transmitter (212) that transmits a pitiraiity oi radar signais white switching anteng
`
`a piuratity at transmitting subarrays (A3754 0}; and a radar receiver (214) that receives
`
`i'etieeteduwave signais produced by the piuratity of radar signais being reflected by a
`
`target, the piuraiity at radar signais being transmitted irern the respective transmitting
`
`subarrays (ASTEMi 0), wherein each at the pinraiity oi transmitting subarrays (ASTE—t 0)
`
`

`

`Application/Control Number: 15/703,788
`Art Unit: 3646
`
`Page 3
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`ineiuriee a pitiraiity et transmitting antennae, adjacent enes oi the ninraiity et
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`transmitting snharrays (ASTEM 0) share (00%} at ieast ene at the piuratity et
`
`transmitting antennas with each other, and each of the eitiraiity ei transmitting
`
`snharrays (A8751 it} is eentreiied (0023) an that a main beam at the radar transmitter is
`
`eriented in a predetermined eiireetien irnetiuie generate ditterent direetiene
`
`petarizatien}.
`
`2.
`
`Claim(s) 1 is/are rejected under 35 U.S.C. 102 (a1) as being unpatentable
`
`over Shinoda US 2003/0164791.
`
`3.
`
`Regarding eiairn t, Huang ehews in tigt, a ratiar apparatus eernprieing: a radar
`
`transmitter it) that transmits a pinraiity of radar signais white switching amazing a
`
`pinratity at transmitting snharrays (t at a, taut at hat}; and a radar receiver (2,3) that
`
`receives reflected—wave signais produced by the einraiity at radar signais being
`
`retieeted by a target; the ninraiity et radar signais being transmitted trem the respective
`
`transmitting snharrays it ), wherein each at the ninraiity of transmitting etiharrays it}
`
`ineiucies a einraiity et' transmitting antennas (t at e, td~t git h—“ijéj, adjacent ones at the
`
`piuraiity at transmitting snharrays {i at e, tit—t gj hv‘ij) share (switeh 4,5 taeiiitate
`
`merger, thereiere ditterent antenna greet) wiii ehare by at ieaet ene antenna) at ieast
`
`ene at the pinraiity at transmitting antennas with each ether, and each at the einratity of
`
`transmitting snharrays (2,3) is nentreitee {0032) so that a main beam at the radar
`
`transmitter is eriented in a erertetermined directien i003t ,0032),
`
`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
`
`

`

`Application/Control Number: 15/703,788
`Art Unit: 3646
`
`Page 4
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`correction of the statutory basis 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.
`
`The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148
`
`USPQ 459 (1966), that are applied for establishing a background for determining
`
`obviousness under 35 U.S.C. 103 are summarized as follows:
`
`1. Determining the scope and contents of the prior art.
`
`2. Ascertaining the differences between the prior art and the claims at issue.
`
`3. Resolving the level of ordinary skill in the pertinent art.
`
`4. Considering objective evidence present in the application indicating
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`obviousness or nonobviousness.
`
`4.
`
`Claim 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Shinoda US 2003/0164791 as applied to claims 1 and further in view of Maruyama
`
`US 2019/0058262.
`
`Regarding claim 2, Shinoda differs from the claimed invention because he does
`
`not explicitly disclose a device wherein each oi the pluraiity et transmitting subarrays
`
`includes a pluraiity tit phase shifters corresponding to the plurality of transmitting
`
`antennas, respectively.
`
`

`

`Application/Control Number: 15/703,788
`Art Unit: 3646
`
`Page 5
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`Maruyama a device wherein each oi the pluratity of transmitting subarrays (2-1 ts
`
`Z—N) includes a pluratity of phase shifters f3~1~3—N) corresponding to the piur‘sitty of
`
`transmitting antennas, respectivety.
`
`Maruyama is evidence that ordinary workers skilled in the art would find reasons,
`
`suggestions or motivations to modify the device of Shinoda. Therefore, at the time the
`
`invention was made; it would have been obvious to use the teaching of Maruyama in
`
`the device of Shinoda because it will allow for switching between a radiation pattern
`
`indicating a high gain in a pointing direction and a low gain in a grating lobe direction,
`
`and a radiation pattern indicating a low gain in a pointing direction and a high gain in a
`
`grating lobe direction (0038) and also reducing a grating lobe, capable of suppressing a
`
`grating lobe without disposition of an auxiliary array antenna (0012).
`
`5.
`
`Claims 3-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Shinoda as applied to claims 1, 2 and further in view of Zack US 2016/0377705.
`
`Regarding claims 3-7, Shinoda discloses a radar apparatus wherein the radar
`
`receiver includes a plurality of receiving antennas; wherein the radar receiver includes a
`
`plurality of receiving antennas
`
`Maruyama differs from the claimed invention because he does not explicitly
`
`disclose a device having a configuration spacing between adjacent ones of the plurality
`
`of receiving antennas is equal to or greater than a configuration spacing between the
`
`adjacent ones of the plurality of transmitting subarrays multiplied by a number of
`
`transmitting subarrays; wherein the radar receiver includes a plurality of receiving
`
`antennas, and a first pair of adjacent ones of the plurality of receiving antennas has a
`
`first configuration spacing and a second pair of the adjacent ones of the receiving
`
`

`

`Application/Control Number: 15/703,788
`Art Unit: 3646
`
`Page 6
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`antennas has a second configuration spacing in a predetermined direction; wherein
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`dimensions of the first configuration spacing and the second configuration spacing are
`
`multiples of prime numbers, the adjacent ones of the plurality of transmitting subarrays
`
`are arranged at a plurality of transmitting subarray configuration spacings, and adjacent
`
`ones of the plurality of receiving antennas are arranged at a configuration spacing that
`
`is wider than a sum of the plurality of transmitting subarray configuration spacings;
`
`wherein the adjacent ones of the plurality of transmitting subarrays are arranged at a
`
`plurality of configuration spacings in a predetermined direction; two or more of the
`
`plurality of receiving antennas are arranged in a first direction in which the plurality of
`
`transmitting antennas are arranged and the plurality of receiving antennas other than
`
`the two or more of the plurality of receiving antennas are arranged in a second direction
`
`that is orthogonal to the first direction, and configuration spacing between adjacent
`
`ones of the plurality of receiving antennas in the first direction include a first
`
`configuration spacing that is identical to a configuration spacing between the adjacent
`
`ones of the transmitting subarrays and a second configuration spacing that is equal to
`
`or greater than the configuration spacing between the adjacent ones of the transmitting
`
`subarrays multiplied by a number of transmitting subarrays.
`
`Zack shears in tngN—ER, a configuration spacing between adjacent enes ct the
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`piuraiity at receiving antennas (110A-110D) is eqnai te er greater than a centiguratien
`
`spacing between the adjacent arias at the plurality cf transmitting subarrays {t {ite—
`
`‘iti‘i Ditiig.2~ZP discieses different centigura‘iien that wiit meet the iintitaticns} (1 WA—
`
`i tat); diseieses different array and a spacing between the antenna pieced at the end at
`
`the each array is eatiai te or greater than a configuration spacing between the adjacent
`
`

`

`Application/Control Number: 15/703,788
`Art Unit: 3646
`
`Page 7
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`ones of the eicraiity ct transmitting euharrays {t (it avtfii {3)} is rritritieiied by a number at
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`transmitting suharraya; wherein the radar receiver incindes a cinraiity ct receiving
`
`antennas (i ica‘i mm, and a first pair pt adjacent ones of the pitiraiity ct receiving
`
`antennas has a tirst configuration spacing and a second pair at the adjacent ones at the
`
`receiving antennae has a second configuration spacing in a predetermined direction
`
`(antennas pace at the end of the array have different configuration spacing}; wherein
`
`dimensions of the—first ccnt‘ignration spacing {i teed WC) and the second configuration
`
`spacing are rntiitieiee ot prime numbers, the adjacent ones of the picraiity ct transmitting
`
`euharrays (101%th D) are arranged at a piuraiity ct transmitting etiha‘rray centigcratien
`
`spacings, and adjacent ones oi the piuraiity oi receiving antennas (i iGA—t tdfliare
`
`arranged at a centigcrationecacing that is wider than a stint oi the piuratity pt
`
`transmitting enharray configuration spacings ){i‘igE—QP disciosee ditterent configuration
`
`that wiii meet the iirnitatiene); wherein the adjacent ones of the picraiity ct transmitting
`
`scharray‘s are arranged at a piuraiity oi configuration spacings in a predetermined
`
`direction; two or more oi the cicraiity or receiving antennas are arranged in a tiret
`
`direction in which the pinraiity of transmitting antennas {i (tie—t tit D) are arranged and
`
`the pitiraiity ct receiving antennae ether than the two at more oi the giaraiity ct receiving
`
`antennas (t iGA-‘i 'i Ofliare arranged in a second direction that is crthcgcnai to the tirst
`
`direction, and configuration spacing between adjacent ones of the ctnraiity ct receiving
`
`antennas in the tirst direction inciirde a tirst configuration spacing that is identicai to a
`
`ceniigura‘tion spacing between the adjacent ones at the transmitting soharrays {t (ita-
`
`iiiii iii} and a second configuration spacing that is egaai to or greater than the
`
`

`

`Application/Control Number: 15/703,788
`Art Unit: 3646
`
`Page 8
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`configuration spacing between the adjacent ones ef the transmitting subarr‘eysrjt 01 Av
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`101D} multiplied by e number or transmitting subarrays.
`
`Zack is evidence that ordinary workers skilled in the art would find reasons,
`
`suggestions or motivations to modify the device of Shinoda. Therefore, at the time the
`
`invention was made; it would have been obvious to use the teaching of Zack in the
`
`device of Shinoda because it will improve the data and signals of the antennas (0075).
`
`6.
`
`Claim 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Shinoda as applied to claims 1 and further in view of Huang US 2016/0365631.
`
`Regarding claim 9, Shinoda discloses and shows in fig.1, a radar apparatus
`
`wherein the radar receiver includes a plurality of receiving antennas (2,3).
`
`Shinoda differs from the claimed invention because he does not explicitly
`
`disclose a system having a virtual receiving array including a plurality of virtual antenna
`
`elements whose number is equal to the product of the number of transmitting subarrays
`
`and the number of receiving antennas, and the radar receiver estimates a direction of
`
`arrival of the plurality of radar signals through the plurality of virtual antenna elements
`
`interpolated by an interpolation process on the plurality of antenna elements.
`
`Huang shows infig.2, and discloses a system having a virtual receiving array
`
`(120) (0031) including a plurality of virtual antenna elements (120) whose number is
`
`equal to the product of the number of transmitting subarrays (130) and the number of
`
`receiving antennas, and the radar receiver estimates a direction of arrival of the plurality
`
`of radar signals through the plurality of virtual antenna elements interpolated by an
`
`interpolation process on the plurality of antenna elements.
`
`

`

`Application/Control Number: 15/703,788
`Art Unit: 3646
`
`Page 9
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`Huang is evidence that ordinary workers skilled in the art would find reasons,
`
`suggestions or motivations to modify the device of Shinoda. Therefore, at the time the
`
`invention was made; it would have been obvious to use the teaching of Huang in the
`
`device of Maruyama because facilitate analysis (0032) and it will improve the
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`performance of the radar effectively (0008).
`
`Allowable Subject Matter
`
`7.
`
`Claim 8 is objected to as being dependent upon a rejected base claim, but would
`
`be allowable if rewritten in independent form including all of the limitations of the base
`
`claim and any intervening claims.
`
`Conclusion
`
`Applicant's amendment necessitated the new ground(s) of rejection presented in
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`this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP
`
`§ 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37
`
`CFR1.136(a).
`
`A shortened statutory period for reply to this final action is set to expire THREE
`
`MONTHS from the mailing date of this action.
`
`In the event a first reply is filed within
`
`TWO MONTHS of the mailing date of this final action and the advisory action is not
`
`mailed until after the end of the THREE-MONTH shortened statutory period, then the
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`shortened statutory period will expire on the date the advisory action is mailed, and any
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`extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of
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`the advisory action.
`
`In no event, however, will the statutory period for reply expire later
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`than SIX MONTHS from the date of this final action.
`
`

`

`Application/Control Number: 15/703,788
`Art Unit: 3646
`
`Page 10
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`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to MARC ANTHONY ARMAND whose telephone number
`
`is (571)272-9751. The examiner can normally be reached on 9am-5pm.
`
`Examiner interviews 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 Automated Interview Request
`
`(AIR) at http://www.uspto.gov/interviewpractice.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, Jack W Keith can be reached on 571 -272—6878. The fax phone number for
`
`the organization where this application or proceeding is assigned is 571-273-8300.
`
`Information regarding the status of an application may be obtained from the
`
`Patent Application Information Retrieval (PAIR) system. Status information for
`
`published applications may be obtained from either Private PAIR or Public PAIR.
`
`Status information for unpublished applications is available through Private PAIR only.
`
`For more information about the PAIR system, see https://ppair-
`
`my.uspto.gov/pair/PrivatePair. Should you have questions on access to the Private
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`PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
`
`If you would like assistance from a USPTO Customer Service Representative or access
`
`to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-
`
`272-1000.
`
`MARC - ANTHONY ARMAND
`
`Primary Examiner
`Art Unit 3646
`
`

`

`Application/Control Number: 15/703,788
`Art Unit: 3646
`
`/MARC ANTHONY ARMAND/
`
`Primary Examiner, Art Unit 3646
`
`Page 11
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`