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`SAGER, MARK ALAN
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`DATE MAILED: 11/17/2023
`
`17/706,418
`
`03/28/2022
`
`Takaaki KISHIGAMI
`
`731056.415RI
`
`1036
`
`TITLE OF INVENTION: RADAR APPARATUS AND RADAR METHOD
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`17/706,418
`TITLE OF INVENTION: RADAR APPARATUS AND RADAR METHOD
`
`Takaaki KISHIGAMI
`
`731056.415RI
`
`1036
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`Takaaki KISHIGAMI
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`96896
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`

`

`.
`
`ae
`
`17/706,418
`
`KISHIGAMI, Takaaki
`
`MARK A SAGER
`
`3992
`
`Yes
`
`2._) Anelection was madeby the applicant in responseto a restriction requirement set forth during the interview on
`restriction requirement and election have been incorporatedinto this action.
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`; the
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`3.{¥) The allowed claim(s) is/are 1-10 . As a result of the allowed claim(s), you maybeeligible to benefit from the Patent Prosecution
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`4[¥] Acknowledgmentis made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`c) () Noneofthe:
`a) MAI
`b) (] Some*
`1. ( Certified copies of the priority documents have been received.
`2.\¥)Certified copies of the priority documents have been received in Application No. 15/908986 .
`3. (1 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)).
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`* Certified copies not received:
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`Applicant has THREE MONTHS FROM THE "MAILING DATE"of this communication to file a reply complying with the requirements
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`() including changes required by the attached Examiner's Amendment / Commentor in the Office action of
`Paper No./Mail Date
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`sheet. Replacement sheet(s) should be labeled as such in the header according to 37 CFR 1.121(d).
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`6.0] DEPOSIT OFand/or INFORMATION aboutthe deposit of BIOLOGICAL MATERIAL must be submitted. Note the
`attached Examiner's comment regarding REQUIREMENT FOR THE DEPOSIT OF BIOLOGICAL MATERIAL.
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`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address--
`All claims being allowable, PROSECUTION ON THE MERITSIS (OR REMAINS) CLOSED in this application. If not included
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`NOTICE OF ALLOWABILITY IS NOT A GRANTOF PATENTRIGHTS.This application is subject to withdrawal from issue at the initiative
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`1.¥] This communication is responsive to papers filed3/28/2022.
`(J A declaration(s)/affidavit(s}) under 37 CFR 1.130(b) was/werefiled on
`
`Primary Examiner, Art Unit 3992
`
`Attachment(s)
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`1. Notice of References Cited (PTO-892) 5.YjExaminer's Amendment/Comment
`2.[¥] Information Disclosure Statements (PTO/SB/08),
`6.
`Examiner's Statement of Reasons for Allowance
`Paper No./Mail Date 03/28/2022 and 9/13/2023.
`3. Examiner's Comment Regarding Requirementfor Deposit
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`/MARK SAGER/
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`U.S. Patent and Trademark Office
`PTOL-37 (Rev. 08-13)
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`Notice of Allowability
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`Part of Paper No./Mail Date 20231005
`
`

`

`Application Number: 17/706,418
`Art Unit: 3992
`
`Page 2
`
`Notice of Pre-AIA or AIA Status
`
`1.
`
`The present application, filed on or after March 16, 2013, is being examined underthe
`
`first inventorto file provisions of the AJA.
`
`2.
`
`For reissue applications filed before September 16, 2012, all references to 35 U.S.C. 251
`
`and 37 CFR 1.172, 1.175, and 3.73 are to the law and rules in effect on September15,
`
`2012. Where specifically designated, these are “pre-AIA”provisions.
`
`Forreissue applications filed on or after September 16, 2012, all references to 35 U.S.C.
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`251 and 37 CFR 1.172, 1.175, and 3.73 are to the current provisions.
`
`Prior or Concurrent Proceedings
`
`3.
`
`Applicant is reminded of the continuing obligation under 37 CFR 1.178(b), to timely
`
`apprise the Office of any prior or concurrent proceeding in which the 10641882 patent (hereafter
`
`*882) is or was involved. These proceedings would include interferences, reissues,
`
`reexaminations, andlitigation.
`
`Information Material to Patentability
`
`4.
`
`Applicantis further reminded of the continuing obligation under 37 CFR 1.56, to timely
`
`apprise the Office of any information which is material to patentability of the claims under
`
`consideration in this reissue application.
`
`These obligations rest with each individual associated with the filing and prosecution of
`
`this application for reissue. See also MPEP §§ 1404, 1442.01 and 1442.04.
`
`Status
`
`5.
`
`This office action is in responseto reissue application,filed 3/28/2022, that adds new
`
`claim 10 which omits “a receiver which, in operation, receives reflection wave signals, the
`
`reflection wave signals being reflections of the radar signals on a target” and omits “the radar
`
`

`

`Application Number: 17/706,418
`Art Unit: 3992
`
`Page 3
`
`receiver includes a reception phase rotator which, in operation, assigns second phaserotations,
`
`whichare in directions opposite to directionsofthe first phase rotations, to the reflection wave
`
`signals in accordancewith the phase rotation amount changesignal,” as recited in original claim
`
`1. This is a broadening reissue of 10641882 (hereafter ‘882). Claims 1-10 are pending.
`
`Allowable Subject Matter
`
`Claims 1-10 are allowed.
`
`The following is an examiner’s statement of reasons for allowance: with broadest
`
`6.
`
`7.
`
`reasonable interpretation of the claims without reading limitations from ‘882 into the claims,
`
`lacking evidence to the contrary, the reasons stated in original examination of 15/908986 is
`
`relied on herein for claims 1, 8 and 10, as copied below.
`
`The claimsrecite, in part, a phase rotation controller which, in operation, assigns a unit
`
`phaserotation amount every Ne transmission cycles of the plurality of transmission cycles, and
`
`generates a phase rotation amount changesignal that controls a phase rotation amount, Ne being
`
`an integer greater than one, the phase rotation amountof the phase rotation amount changesignal
`
`being constant within each of the plurality of transmission cycles, the phase rotation amountof
`
`the phase rotation amount change signal being changed within the Ne transmission cycles
`
`according to the unit phase rotation amountand a predeterminedpattern.
`
`Kishigami fails to teach or suggest a phase rotation controller as recited in claim
`
`1. Kishigami describesa radar transmitter that generates a high-frequency radar transmission
`
`signal by giving a transmission phase shift corresponding to a transmission cycle to a baseband
`
`transmission signal. See, for example, [0144]. The portions of Kishigami cited by the Examiner
`
`are silent as to how the transmission phase shift is performed between transmission cycles. Thus,
`
`

`

`Application Number: 17/706,418
`Art Unit: 3992
`
`Page 4
`
`Kishigami fails to teach or suggest a phase rotation controller which, in operation, assigns a unit
`
`phaserotation amountevery Ne transmission cycles of a plurality of transmission cycles, and
`
`generates a phase rotation amount changesignal that controls a phase rotation amount, Ne being
`
`an integer greater than one, the phase rotation amountof the phase rotation amount changesignal
`
`being constant within each ofthe plurality of transmission cycles, the phase rotation amountof
`
`the phase rotation amount change signal being changed within the Ne transmission cycles
`
`according to the unit phase rotation amountand a predeterminedpattern.
`
`Hsich fails to cure the deficiencies of Kishigami. Hsieh describes a phase rotator
`
`controller 106 that may follow a pre-built algorithm to calculate an estimated phase rotation
`
`angle for a constellation type based on stored information of a digital RF transmitter. See [0040].
`
`The estimated phase rotation angle is not assigned to transmission cycles. Thus, Hsieh fails to
`
`teach or suggest a phase rotation controller which, in operation, assigns a unit phase rotation
`
`amount every Ne transmission cycles of a plurality of transmission cycles, and generates a phase
`
`rotation amountchangesignal that controls a phase rotation amount, Ne being an integer greater
`
`than one, the phase rotation amountof the phase rotation amount changesignal being constant
`
`within each ofthe plurality of transmission cycles, the phase rotation amount of the phase
`
`rotation amount change signal being changed within the Ne transmission cycles according to the
`
`unit phase rotation amount and a predeterminedpattern.
`
`Asfor independentclaim 1, none of the prior art of record either taken alone or in
`
`combination discloses the claimed “4 phase rotation controller which, in operation, aasizns a
`
`wnt phase rotation amount every Ne transmission cycles ofthe plurality offransptission cycles,
`
`and generates a phase rotition amount change signal that controls a phase rotation amount, Ne
`
`being an integer greater than one, the phase rotation amount of the phase rotation amount
`
`

`

`Application Number: 17/706,418
`Art Unit: 3992
`
`Page 5
`
`change Signal being constant within each of the plurality oftransmission cycles, the phase
`
`rotation amount of the phase rotation amount change signal being changed within the Ne
`
`transmission cycles according to the unit phase rotation amount and a predetermined pattern,
`
`and a transmission phase rotator which, in aneration, assignsfirst phase rotations to the
`
`radarsignals in accordance with the phase rotation amount change signal’, nor would the
`
`claimed combination have been obvious to one of ordinary skill-in-the-art.
`
`Each of dependent claims 2-7 and 9 dependsultimately from allowable, independent
`
`claim 1, so each of dependent claims 2-7 and 9 is allowable for, at least, the reasons for which
`
`independentclaim 1 is allowable.
`
`Asfor independent claim 8, noneof the prior art of record either taken aloneor in
`
`combination discloses the claimed “assigning a unit phase rotation amount every Ne
`
`transmission cycles ofthe plurality af transmission cycles, and generating a phase rotation
`
`anuno change signal that controis a phase rotation amount, and assigning first phase rotations
`
`io the radarsignals in accordance with the, phase rotation amount change signal, Ne being an
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`infeger greater than one, the phase rotation amount ofthe phase rotation amount change signal
`
`being constant within each of the plurality of transmission cycles, the phase ratation amaunt of
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`the phase rotation amount change signal being changed withia the Ne transmission cycles
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`according to the unit phase rotation amount and a predetermined pattern”, nor would these
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`claimed combination have been obvious to one of ordinary skill-in-the-art.
`
`Newcham 10 recites similar limitations as recited above herein in claims 1 and & and is
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`determined to be patentable over noted art for same reasons stated for claims | and 8.
`
`Theclosest prior art is found to be:
`
`Kishigami et al. (US 2014/0111367 A1) which discloses a radar apparatus.
`
`

`

`Application Number: 17/706,418
`Art Unit: 3992
`
`Page 6
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`Hsieh et al. (US 2014/0348217 A1) which discloses transmitter system with digital phase
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`rotator used for applying digital phase rotation to constellation data and related signal
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`transmission method.
`
`Any comments considered necessary by applicant must be submitted no later than the
`
`paymentof the issue fee and, to avoid processing delays, should preferably accompanythe issue
`
`fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for
`
`Allowance.”
`
`Conclusion
`
`Anyinquiry concerning this communication or earlier communications from the
`8.
`examiner should be directed to Mark A. Sager whose telephone numberis (571)272-4454. The
`examiner can normally be reached M-Th, 6:30am-5pm, EST.
`Examinerinterviews are available via telephone, in-person, and video conferencing using
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`encouraged to use the USPTO Automated Interview Request (AIR) at
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`supervisor, Alexander Kosowski can be reached on (571)272-3744. The fax phone number for
`the organization where this application or proceeding is assigned is 571-273-8300.
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`
`/Mark Sager/
`Primary Examiner, Art Unit 3992
`
`Conferees:
`/FRED O FERRISITI/
`Reexamination Specialist, Art Unit 3992
`
`/ALEXANDER J KOSOWSKI/
`Supervisory Patent Examiner, Art Unit 3992
`
`