www.uspto.gov
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address; COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`16/355,228
`
`03/15/2019
`
`RYOSUKE SHIOZAKI
`
`731056.463
`
`1290
`
`Seed IP Law Group LLP/Panasonic
`701 Fifth Avenue, Suite 5400
`Seattle, WA 98104
`
`WAHEED, NAZRA NUR
`
`ART UNIT
`
`3648
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`05/04/2022
`
`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*
`1-18 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`C} Claim(s)
`is/are allowed.
`Claim(s) 1-18 is/are rejected.
`S)
`) © Claim(s)____is/are objected to.
`Cj) Claim(s
`are subjectto restriction and/or election requirement
`)
`S)
`* 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 03/15/2019 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)¥) All
`1.4) Certified copies of the priority documents have been received.
`2.2) 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) (J Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`4)
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20220419
`
`Application No.
`Applicant(s)
`16/355,228
`SHIOZAKI etal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`NAZRA N WAHEED
`3648
`Yes
`
`
`
`-- The MAILING DATEofthis communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of 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 03/15/2019.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)L) This action is FINAL. 2b)¥)This action is non-final.
`3)02 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\0) 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: 16/355,228
`Art Unit: 3648
`
`Page 2
`
`DETAILED ACTION
`
`Notice of Pre-AlA or AIA Status
`
`1.
`
`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
`
`2.
`
`Claim 7 recites the term “substantially intermediate” in the limitation, “wherein the
`
`third direction is a direction substantially intermediate between the first direction and the
`
`second direction.” Section 2173.05 (b) of the MPEP provides guidance on the term
`
`“substantially” when it states:
`
`D. "Substantially" The term "substantially" is often used in conjunction with another term to describe a
`
`particular characteristic of the claimed invention. It is a broad term. In reNehrenberg, 280 F.2d 161, 126
`
`USPQ 383 (CCPA 1960). The court held that the limitation "to substantially increase the efficiency of the
`
`compound as a copper extractant" was definite in view of the general guidelines contained in the
`
`specification. In reMattison, 509 F.2d 563, 184 USPQ 484 (CCPA 1975). The court held that the limitation
`
`“which produces substantially equal E and H plane illumination patterns" was definite because one of
`
`ordinary skill in the art would know what was meant by "substantially equal." Andrew Corp.v.Gabriel
`
`Electronics, 847 F.2d 819, 6 USPQ2d 2010 (Fed. Cir. 1988).
`
`Therefore, the examiner has interpreted the term “substantially intermediate” in claim 7 to
`
`mean somewherein the middle between the first direction and the second direction.
`
`3.
`
`Claim 12 objected to because of the following informalities:
`
`Claim Objections
`
`

`

`Application/Control Number: 16/355,228
`Art Unit: 3648
`
`Page 3
`
`Claim 12 recites the limitation, “a fifth direction” which is not disclosed in the
`
`specification or the drawings. This claim language should be corrected to provide clarity as to
`
`what is exactly clamedsince it is unclear wherethe “fifth direction” exists. Appropriate
`
`correction is required.
`
`Claim Rejections - 35 USC § 102
`
`4,
`
`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-AlA 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.
`
`5.
`
`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:
`
`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 otherwise available to the public before the effective filing date of the claimed invention.
`
`(a)(2) the claimed invention was described in a patent issued under section 151, or in an application
`for patent published or deemed published under section 122(b), in which the patent or application, as
`the case may be, names another inventor and was effectively filed before the effectivefiling date of
`the claimed invention.
`
`6.
`
`Claim 1-6,8,9,11,12,17 and 18 are rejected under 35 U.S.C. 102(a){1) as being
`
`anticipated by Lee (US 9917355 B1).
`
`Regarding claim 1, Lee discloses
`
`

`

`Application/Control Number: 16/355,228
`Art Unit: 3648
`
`Page 4
`
`A radar system which detects positions of targets existing in mutually- separated areas
`
`in first and second directions outside the radar system (Col. 1, lines 9-14, “The present
`
`disclosure relates to vehicular radar systems and, in particular, to a vehicular radar system
`
`having multiple end-fire antenna arrays stacked above each otherfor performing a
`
`volumetric scan and multiple end-fire antenna arraysorientedin different directions to
`
`increase a field of view of the vehicular radar systems.”; FIG. 5 depicts the mutually-separated
`
`areas of multiple directions outside the radar system),
`
`the radar system (Fig. 5, element 500, “vehicular radar system”) comprising:
`
`a circuit board (Fig. 5, element 501, “PCB”) whose boardsurfaceis arranged parallel
`
`with the first and the second directions (Col. 8, lines 42-45, “The radar subsystem 304 and the
`
`radar subsystem 406, including their components, are each positioned on the PCB 206. The
`
`PCB 206is positioned along a planethatis parallel to the W-L plane.”; therefore, as shown in
`
`FIG. 5 the PCBis also positioned parallel to the W-L plane);
`
`a first transmitting antenna unit (Fig. 5; element 508) arranged in an end portion area of
`
`the circuit board facing in the first direction, which transmits a first transmission wave in the
`
`first direction (Fig. 5 depicts the first transmitting antenna unit 508 arranged at an end
`
`portion of the PCB facingafirst direction);
`
`a second transmitting antenna unit (Fig. 5; element 512) arranged in an end portion
`
`area of the circuit board facing in the second direction, which transmits a second transmission
`
`wavein the second direction (Fig. 5 depicts the second transmitting antenna unit 512
`
`arranged at an end portion of the PCB facing a seconddirection); and
`
`

`

`Application/Control Number: 16/355,228
`Art Unit: 3648
`
`Page5
`
`a receiving antenna unit (Fig. 5, element 510; Col. 2, lines 36-41, “The RFIC is designed
`
`to receive signals from the plurality of end-fire antennas and to control the plurality of end-
`
`fire antennasto scan for objects in the first direction, the second direction, and between the
`
`first direction and the seconddirection by transmitting signals of varying phasesto the
`
`plurality of end-fire antennas.”; therefore, the radar sub-systemsinclude transmission and
`
`reception) arranged in an end portion area of the circuit board facing in a third direction
`
`between the first direction and the second direction (FIG. 5 depicts element 510 facing a third
`
`direction between the first and seconddirection), and including a plurality of antenna elements
`
`arranged in a line in a direction orthogonal to the third direction (Fig. 5 depicts the plurality of
`
`antenna elementsfor receiver 510 arrangedina line orthogonalto the third direction), which
`
`receives reflection waves corresponding to the first and second transmission waves (Col. 8,
`
`lines 13-18, “When the beam reachesan object away from the radar subsystem 304, the
`
`beam mayreflect from the object and travel towards the radar subsystem 304. The reflected
`
`beam maybereceived by the end-fire antennas 302 and/or other end-fire antennas and may
`
`be transmitted from the antennasto the RFIC 300.”).
`
`Regarding claim 2, Lee further discloses
`
`The radar system according to Claim 1, wherein an angle between the first direction and
`
`the second direction is 60° or more but 120° or less (FIG. 5 depicts the angel betweenthefirst
`
`direction and the seconddirection to be 120°; Col. 10, lines 27-24, “In some embodiments,
`
`each of the radar subsystems may be capable of scanning 120 degrees along the L-W plane.
`
`The vehicular radar system 500 maybe designedsuch thatthefirst direction 520, the second
`
`

`

`Application/Control Number: 16/355,228
`Art Unit: 3648
`
`Page 6
`
`direction 522, and the third direction 524 are each separated by 120 degrees along the L-W
`
`plane. This orientation of the antenna arrays allows the vehicular radar system 500 to
`
`perform a volumetric scan in 360 degrees about the L-W plane.”).
`
`Regarding claim 3, Lee further discloses
`
`The radar system according to Claim 1, wherein the first transmitting antenna unit
`
`includes an antenna element whose directivity direction is the first direction (Fig. 2D depicts
`
`one of the end-fire antennas to have a beam 238that propagatesin a first direction).
`
`Regarding claim 4, Lee further discloses
`
`The radar system according to Claim 1, wherein the second transmitting antenna unit
`
`includes an antenna element whose directivity direction is the second direction (Fig. 2D depicts
`
`oneof the end-fire antennas to have a beam 238that propagatesinafirst direction and
`
`looking at Fig. 5 the same configurationis established for the second transmitting antenna
`
`unit, therefore, the transmitting antenna elementin the second transmitting antennaunit has
`
`directivity direction in the seconddirection).
`
`Regarding claim 5, Lee further discloses
`
`The radar system according to Claim 1, wherein the first transmitting antenna unit, the
`
`second transmitting antenna unit and the receiving antenna unit are each made of a conductor
`
`pattern formed in the circuit board (See FIG. 5 and Col. 10, lines 3-18, “The first radar
`
`subsystem 503 includes a first end-fire antenna array 508 andafirst RFIC 514. Thefirst end-
`
`

`

`Application/Control Number: 16/355,228
`Art Unit: 3648
`
`Page 7
`
`fire antenna array 508is orientedin a first direction 520 along the L-W plane. The second
`
`radar subsystem 505 includes a second end-fire antenna array 510 and a second RFIC 516. The
`
`second end-fire antenna array 510 is oriented in a second direction 522 along the L-W plane.
`
`The third radar subsystem 507 includes a third end-fire antenna array 512 and a third RFIC
`
`518. The third end-fire antenna array 512 is oriented in a third direction 524 along the L-W
`
`plane. Each of the first radar subsystem 503, the second radar subsystem 505, andthe third
`
`radar subsystem 507 maybeprinted ona single PCB 501. In some embodiments,thefirst
`
`radar subsystem 503, the second radar subsystem 505, andthethird radar subsystem 507
`
`maybe printed on separate PCBs.”; therefore as all three radar subsystems maybe printed on
`
`a single PCB, the single PCB would contain the conductorpatterns for each of the sub-systems
`
`to be orientedin their respective directions).
`
`Regarding claim 6, Lee further discloses
`
`The radar system according to Claim 5, wherein the first transmitting antenna unit, the
`
`second transmitting antenna unit and the receiving antenna unit are each formed of an end-fire
`
`array antenna (Col. 10, lines 3-12, “The first radar subsystem 503 includes a first end-fire
`
`antennaarray 508 andafirst RFIC 514. Thefirst end-fire antenna array 508is oriented ina
`
`first direction 520 along the L-W plane. The second radar subsystem 505 includes a second
`
`end-fire antenna array 510 and a second RFIC 516. The second end-fire antenna array 510 is
`
`oriented in a seconddirection 522 along the L-W plane. The third radar subsystem 507
`
`includes a third end-fire antenna array 512 and a third RFIC 518. The third end-fire antenna
`
`array 512 is oriented ina third direction 524 along the L-W plane.”).
`
`

`

`Application/Control Number: 16/355,228
`Art Unit: 3648
`
`Page 8
`
`Regarding claim 7, Lee further discloses
`
`The radar system according to Claim 1, wherein the third direction is a direction
`
`substantially intermediate between the first direction and the second direction (Fig. 5 depicts
`
`the third direction to be “substantially intermediate” between thefirst direction and the
`
`seconddirection).
`
`Regarding claim 8, Lee further discloses
`
`The radar system according to Claim 1, wherein the third direction tilts to the first
`
`direction and farther from the second direction (Fig. 5 depicts antenna elements for 510 which
`
`tilt in the first direction farther from the seconddirection).
`
`Regarding claim 9, Lee further discloses
`
`The radar system according to Claim 1, wherein the first transmitting antenna unit
`
`includes a plurality of antenna elements arranged in a line in a direction orthogonal to the first
`
`direction. (Col. 8 lines, 6-12, “The RFIC 300 may control the plurality of end-fire antennas 302
`
`to transmit one or more radar beam.For example, at least some of the signals transmitted by
`
`the RFIC 300 to each of the plurality of end-fire antennas 302 may have a different phase.
`
`Whenthe signals have a different phase andare transmitted into the atmosphere, the
`
`combinedsignals form a radar beam.”; therefore, the statement “at least some of the signals
`
`transmitted by the RFIC 300 to each of the plurality of end-fire antennas 302 may havea
`
`different phase”indicates that at least some of the signals may also have the same phase,
`
`

`

`Application/Control Number: 16/355,228
`Art Unit: 3648
`
`Page 9
`
`which would makeit inherent that the multiple antenna elements are arrangedin a line with
`
`equalspacing/pitch and would be orthogonalto thefirst direction. See Figs. 3 and 4 )
`
`Regarding claim 11, Lee further discloses
`
`The radar system according to Claim 9, wherein the plurality of antenna elements in the
`
`first transmitting antenna unit include first and second antenna elements branched from a
`
`power feeding point and connected to each other (FIG. 3 depicts the plurality of antenna
`
`elements branchedfrom an RFIC, 300, and connectedto each other), a length of a line from
`
`the power feeding point to a position where the line is connected to the first antenna element
`
`and a length of a line from the power feeding point to a position where the line is connected to
`
`the second antenna element being adjusted such that phases respectively depending on the
`
`lines connected to the first and second antenna elements are the same as each other (Col. 8
`
`lines, 6-12, “The RFIC 300 maycontrol the plurality of end-fire antennas 302 to transmit one
`
`or more radar beam. For example, at least some of the signals transmitted by the RFIC 300 to
`
`each of the plurality of end-fire antennas 302 may have a different phase. Whenthesignals
`
`have a different phase and are transmitted into the atmosphere, the combinedsignals form a
`
`radar beam.”; therefore, the statement “at least some of the signals transmitted by the RFIC
`
`300 to each of the plurality of end-fire antennas 302 may havea different phase”indicates
`
`that at least some of the signals may also have the same phase, which would makeit
`
`inherent that the multiple antenna elements are arranged ina line with equal spacing and
`
`equallength for eachline).
`
`

`

`Application/Control Number: 16/355,228
`Art Unit: 3648
`
`Regarding claim 12, Lee further discloses
`
`Page 10
`
`The radar system according to Claim 1, wherein the second transmitting antenna unit
`
`includes a plurality of antenna elements arranged in a line in a direction orthogonal toafifth
`
`direction between the first direction and the second direction (Fig. 5 depicts a second
`
`transmitting antenna unit, 512, where end fire antennas at the ends of the antenna unit have
`
`a different pitch than the end fire antenna elements in the middle of the antenna unit,
`
`therefore, the endfire antenna elements with different pitch angles are arranged in a line ina
`
`direction orthogonal to a “fifth” direction, which is a direction betweenthefirst and second
`
`direction; Col. 8 lines, 6-12, “The RFIC 300 maycontrolthe plurality of end-fire antennas 302
`
`to transmit one or more radar beam.For example, at least some of the signals transmitted by
`
`the RFIC 300 to each of the plurality of end-fire antennas 302 may have a different phase.
`
`Whenthe signals have a different phase andare transmitted into the atmosphere, the
`
`combinedsignals form a radar beam.”).
`
`

`

`
`
`os
`
`SIALEEGAAEPEPEELPLDPESLEDS
`
`
` *,panaceanneneerecceeeees
`
`sent ‘
`
`Application/Control Number: 16/355,228
`Art Unit: 3648
`
`Page 11
`
` <3ayBDf
`
`am‘,
`aebn
`
`/ \
`
`FIG. 5
`
`Regarding claim 17, Lee further discloses
`
`The radar system according to Claim 1, installed in a vehicle, which detects an object in
`
`an area ina rear of the vehicle and detects an object in an area at a side of the vehicle (FIG. 1
`
`depicts the radarto be installed in a vehicle andthe field of view of detection includes an area
`
`in the rear of the vehicle and an area ontheside of the vehicle).
`
`Regarding claim 18, Lee discloses
`
`

`

`Application/Control Number: 16/355,228
`Art Unit: 3648
`
`Page 12
`
`A radar system which detects positions of targets existing in mutually- separated areas
`
`in first and second directions outside the radar system (Col. 1, lines 9-14, “The present
`
`disclosure relates to vehicular radar systems and, in particular, to a vehicular radar system
`
`having multiple end-fire antenna arrays stacked above each otherfor performing a
`
`volumetric scan and multiple end-fire antenna arraysorientedin different directions to
`
`increase a field of view of the vehicular radar systems.”; FIG. 5 depicts the mutually-separated
`
`areas of multiple directions outside the radar system),
`
`the radar system comprising (5, element 500, “vehicular radar system”):
`
`a circuit board (Fig. 5, element 501, “PCB”) whose boardsurfaceis arranged parallel
`
`with the first and the second directions (Col. 8, lines 42-45, “The radar subsystem 304 and the
`
`radar subsystem 406, including their components, are each positioned on the PCB 206. The
`
`PCB 206is positioned along a plane thatis parallel to the W-L plane.”; therefore, as shown in
`
`FIG. 5 the PCBis also positionedparallel to the W-L plane);
`
`a transmitting antenna unit(Fig. 5; element 508) arranged in an end portion area of the
`
`circuit board facing in a third direction between the first direction and the second direction
`
`(Fig. 5 depicts the first transmitting antenna unit 508 arranged at an end portion of the PCB
`
`facing a third direction, 520, between a first and seconddirections, 522 and 524 respectively),
`
`and including a plurality of antenna elements arranged in a line in a direction orthogonal to the
`
`third direction (Fig. 5 depicts the plurality of antenna elements for 508 arranged inaline
`
`orthogonalto the third direction; Fig. 3 for more clarity and close-up view), which transmits a
`
`first transmission wave and a second transmission wavein the first and second directions (Col.
`
`2, lines 11-17, “The vehicular radar system also includes at least one radio frequency
`
`

`

`Application/Control Number: 16/355,228
`Art Unit: 3648
`
`Page 13
`
`integrated circuit (RFIC) coupled to the plurality of end-fire antennas and designedto control
`
`the plurality of end-fire antennas to scan for objects in the first direction, the second
`
`direction, and betweenthefirst direction and the seconddirection by transmitting signals of
`
`varying phasesto the plurality of end-fire antennas. “and Col. 9, lines 44-61 “In some
`
`embodiments, fewer RFICs may be includedin the vehicular radar system 102. For example,
`
`the first two direction radar board 400 mayincludea single RFIC coupledto thefirst end-fire
`
`antennaarray 200 andthe second end-fire antenna array 408. Each of the second two
`
`direction radar board 402 andthe third two direction radar board 404 mayhave a single RFIC
`
`as well. As another example, the vehicular radar system 102 mayinclude a first RFIC coupled
`
`to the end-fire antenna array 200 and the corresponding end-fire antenna arrays of the
`
`second two direction radar board 402 andthe third twodirection radar board 404. The
`
`vehicular radar system 102 mayalso include a second RFIC coupledto the end-fire antenna
`
`array 408 and the corresponding end-fire antenna arrays of the second twodirection radar
`
`board 402 andthethird two direction radar board 404. As yet another example, the vehicular
`
`radar system 102 mayinclude a single RFIC coupledto all of the end-fire antenna arrays.”),
`
`respectively;
`
`a first receiving antenna unit arranged in an end portion area ofthe circuit board facing
`
`in the first direction (FIG. 5, element 510), which receives a reflection wave corresponding to
`
`the first transmission wave (Col. 2, lines 36-41, “The RFIC is designedto receive signals from
`
`the plurality of end-fire antennas andto control the plurality of end-fire antennasto scan for
`
`objects in the first direction, the second direction, and betweenthefirst direction and the
`
`

`

`Application/Control Number: 16/355,228
`Art Unit: 3648
`
`Page 14
`
`second direction by transmitting signals of varying phasesto the plurality of end-fire
`
`antennas.”); and
`
`a second receiving antenna unit arranged in an end portion area of the circuit board
`
`facing in the second direction (FIG. 5, element 512), which receives a reflection wave
`
`corresponding to the second transmission wave (Col. 2, lines 36-41, “The RFIC is designed to
`
`receive signals from theplurality of end-fire antennas and to control the plurality of end-fire
`
`antennasto scanforobjects in the first direction, the second direction, and betweenthefirst
`
`direction and the seconddirection by transmitting signals of varying phasesto the plurality of
`
`end-fire antennas.”).
`
`Claim Rejections - 35 USC § 103
`
`7.
`
`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-AlA 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 ofrejection if the
`
`prior art relied upon, and the rationale supporting the rejection, would be the same under
`
`either status.
`
`8.
`
`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 ordinaryskill in the art to which the
`claimed invention pertains. Patentability shall not be negated by the manner in which the invention
`was made.
`
`

`

`Application/Control Number: 16/355,228
`Art Unit: 3648
`
`Page 15
`
`9.
`
`The factual inquiries 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 obviousness or
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`nonobviousness.
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`10.
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`Claim 10is rejected under 35 U.S.C. 103 as being unpatentable over Lee (US 9917355
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`B1) in view of SCHMALENBERG(US 20130088393 A1).
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`Regarding claim 10, Lee discloses
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`The radar system according to Claim 9. However,Lee fails to specifically disclose,
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`wherein a pitch of the plurality of antenna elements in the first transmitting antenna unit is set
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`different from a pitch of the plurality of antenna elements in the receiving antenna unit which
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`is viewed from the first direction.
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`SCHMALENBERGdiscloses,
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`wherein a pitch of the plurality of antenna elements in the first transmitting antenna
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`unit is set different from a pitch of the plurality of antenna elements in the receiving antenna
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`unit which is viewed from the first direction (Paragraph 0038, “The receivedsignal of the radar
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`system is the product of the patterns generated by the transmit andreceive antennaarrays.
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`By spacing outthe elements of the receive array, for example beyond .lamda./2 (e.g. antenna
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`pitch &gt;0.6 .lamda.) the antenna beam performanceis improved, especially the gain and
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`

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`Application/Control Number: 16/355,228
`Art Unit: 3648
`
`Page 16
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`angular beam width. This approach maybe usedwith either or both the transmit or receive
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`beams.”).
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`It would have been obvious to someone in the art prior to the effective filing date of the
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`invention to modify Lee with SCHMALENBERG to incorporate the feature of: wherein a pitch of
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`the plurality of antenna elementsin the first transmitting antenna unit is set different from a
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`pitch of the plurality of antenna elements in the receiving antenna unit which is viewed from
`
`the first direction. Both Lee and SCHMALENBERGare considered analogous arts to the instant
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`application as they both disclose vehicular radar systems to detect objects in different fields of
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`view. However, Leefails to specifically disclose, wherein a pitch of the plurality of antenna
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`elements in the first transmitting antenna unit is set different from a pitch of the plurality of
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`antenna elements in the receiving antenna unit which is viewed from the first direction.
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`SCHMALENBERGdiscloses this feature when it states that the antenna elements of the
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`receiving array can be spaced out to changetheir pitch in relation to the transmitter antenna
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`elements. Therefore, it would have been obvious to someone in the art prior to the effective
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`filing date of the invention to modify Lee with SCHMALENBERGto incorporate the feature
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`mentioned above. The incorporation of such a feature would allow for adjustments to the
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`transmission and reception of radar beams to achieve desired results which would lead to a
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`moreefficient system.
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`

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`Application/Control Number: 16/355,228
`Art Unit: 3648
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`Page 17
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`11.
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`Claims 13-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee (US
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`9917355 B1) in view of SCHOEBERL (DE 102007036262 A1,citations corresponding to provided
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`English translation copy).
`
`Regarding claim 13, Lee discloses
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`The radar system according to Claim 1. However, Lee fails to disclose, further
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`comprising a dielectric lens arranged in a way that separatesthe first transmitting antenna unit,
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`the second transmitting antenna unit and the receiving antenna unit from an area outside the
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`radar system, which narrows beams of the first and second transmission waves and sends out
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`the narrowed beams to the outside of the radar system.
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`SCHOEBERL discloses,
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`further comprising a dielectric lens arranged in a way that separates the first
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`transmitting antenna unit, the second transmitting antenna unit and the receiving antenna unit
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`from an area outside the radar system (Paragraph 0034, “7 shows a schematic section through
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`a radar sensor, which.h after the in 6 constructed principle is constructed. The antenna
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`elements 10 and the supply and evaluation circuit 22 are on a commonboard 26 arranged on
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`the with the help of spacers 28 the cylindrical lens 18 is fixed so as to be a suitable distance to
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`each of the antenna elements 10 having. The cylindrical lens 18 serves here as well as cover
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`for the antenna elements 10 and the other high-frequency components on the board 26 and
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`thus enables a compactconstruction of the radar sensor.”), which narrows beams ofthe first
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`and second transmission waves and sends out the narrowed beams to the outside of the radar
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`system (Fig. 6 and 7 shows the beamsare narrowedout the radar system).
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`

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`Application/Control Number: 16/355,228
`Art Unit: 3648
`
`Page 18
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`It would have been obvious to someone in the art prior to the effective filing date of the
`
`invention to modify Lee with SCHOEBERL to incorporate the feature of: further comprising a
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`dielectric lens arranged in a way that separates the first transmitting antenna unit, the second
`
`transmitting antenna unit and the receiving antenna unit from an area outside the radar
`
`system, which narrows beams ofthe first and second transmission waves and sends out the
`
`narrowed beams to the outside of the radar system. Both Lee and SCHOEBERL are considered
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`analogous arts to the instant application as both disclose vehicular radar systems to detect
`
`objects in different fields of view. However, Lee fails to specifically disclose, further comprising
`
`a dielectric lens arranged in a way that separates the first transmitting antenna unit, the second
`
`transmitting antenna unit and the receiving antenna unit from an area outside the radar
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`system, which narrows beams ofthe first and second transmission waves and sends out the
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`narrowed beams to the outside of the radar system. SCHOEBERL discloses this feature in Figs. 6
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`and 6 which showsthat the dielectric lens is arranged in a way to separate the radar antenna
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`elements from the outside. It would be obvious to have this lens configuration for each of the
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`radar subsystems as disclosed by Lee as they areall serving the same purpose of focusing the
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`radar beams ina specific direction. Fig. 6 also shows the narrowed beams getting transmitted
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`to the outside. Therefore it would have been obvious to someone in the art to modify Lee with
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`SCHOEBERL to incporation the feature mentioned above. The incorporation of such a feature
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`would lead to a more efficient system as it allows for a more specified design to lead to desired
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`results.
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`Regarding claim 14, the combination of Lee and SCHOEBERL discloses
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`

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`Application/Control Number: 16/355,228
`Art Unit: 3648
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`Page 19
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