DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendments
The amendments filed 01/27/2026 have been entered accordingly claims 1-10 and 20-28 remain pending.
Response to Arguments
Applicant's arguments filed 07/18/2025 have been fully considered but they are not persuasive.
Applicant firstly argues (8):
Claim 1 sets forth a "welding asset tracking system, comprising.., a location beacon.. configured to transmit a location signal representative of a beacon location of the location beacon ...; [and] a hub retained by a ... welding asset..., the hub comprising ... hub communication
circuitry configured to receive the location signal ..., and hub processing circuitry configured to: determine whether the hub communication circuitry can access a global positioning system (GPS), wireless fidelity (WiFi) positioning system, or cellular positioning system, and in response to determining the hub communication circuitry cannot access the GPS, WiFi positioning system, or cellular positioning system, determine [a] location based on the beacon location [of the location beacon]...." Claims 2-11 are similarly directed due to their dependence upon claim 1.
Burch does not disclose or suggest a location beacon configured to transmit a location signal representative of a beacon location of the location beacon, and/or a hub retained by a welding asset, the hub comprising hub processing circuitry configured to determine whether hub communication circuitry can access a GPS, WiFi positioning system, or cellular positioning system, and in response to determining the hub communication circuitry cannot access the GPS, WiFi positioning system, or cellular positioning system, determine a location based on a beacon location of the location beacon, as set forth in claims 1-11.
However Examiner respectfully disagrees because the Pucks utilize GPS location that is transmitted or shared to the network and/or tools etc. “the puck repeaters 866 further include the GPS antenna 720 and GPS unit 725 such that the controller 868 of the puck repeater 866 is operable to receive GPS data to determine the location of the puck repeater 866. In turn, the location information of the puck repeaters 866 is used to determine the position of other elements of the ISM network 616, such as the tools 605 and fobs 610.” [0150], Burch already anticipates that providing aGPS (assisted global positioning) over regular GPS, may enhance ability to position through the use of wi-fi signals or cell tower signals providing triangulation “In some embodiments, the GPS unit 215 is an assisted GPS (aGPS) unit that communicates with the cellular unit 205 and/or WLAN unit 210 in addition to monitoring GPS radio signals to determine the position of the tool 105. For example, the aGPS unit may communicate with remote devices (not shown) via the cellular unit 205 and/or WLAN unit 210 to obtain information that assists in more quickly acquiring satellites. The information may include orbital data for GPS satellites (e.g., satellite 110), precise time data, position information based on triangulation between cellular towers (e.g., cellular network antenna 115) or WLAN routers (e.g., wireless router 130), etc. In some instances, the GPS unit 215 may transmit GPS signal data received via the GPS antenna 200 to a remote GPS server (not shown) via the cellular unit 205 or WLAN unit 210. The GPS server is then operable to generate the position data and provide the position data back to the GPS unit 215, controller 220, or a remote monitoring device. In some embodiments, the tracking unit 150 determines the position of the tool 105 using cellular triangulation, rather than using the GPS unit 215.” [0051].
In an effort to further prosecution Buerger (US 2008/0293431) has been added additionally to further obviate that selection between triangulation signal sources is a known hierarchical process to what will provide the most accurate location among other advantages specific to different triangulation sources, see action for details.
Applicant secondly argues (page 8-9):
While Burch does show and discuss puck repeaters 866 that the Office Action appears to allege are location beacons (see, e.g., Office Action at 3), Burch does not disclose or suggest that that its puck repeaters transmit a location signal representative of their own location.
Rather, the puck repeaters are described as simply repeating whatever signal(s) they receive, so as to effectively extend the range of the signal(s). See, e.g., Burch at [0147] ("The puck repeaters 866 receive ISM communications from the tools 605, fobs 610, or gateways 615, and re- transmit the received communications to other tools 605, fobs 610, and/or gateways 615 on the ISM network 616. By repeating the ISM communications, the puck repeaters 866 can extend the range and improve the coverage of the ISM network 616.")
However Examiner respectfully disagrees because the location of puck updated at puck is then used as part of the triangulation process and therefore must be made known beyond just the puck to the triangulation system “In some instances, the puck repeaters 866 further include the GPS antenna 720 and GPS unit 725 such that the controller 868 of the puck repeater 866 is operable to receive GPS data to determine the location of the puck repeater 866. In turn, the location information of the puck repeaters 866 is used to determine the position of other elements of the ISM network 616, such as the tools 605 and fobs 610. For instance, a distance of one of the tools 605 from a puck repeater 866 may be calculated based on a determined signal strength of communications between the tool 605 and puck repeater 866. Using the combination of the GPS location data of the puck repeater 866 and the relative distance of the tool 605 from the puck repeater 866, an approximate location of the tool 605 is determined.” [0150].
Applicant thirdly argues (page 9):
Though Burch discusses triangulating a position of a device using signal strength and known positions of puck repeaters 866, Burch does not disclose or suggest that the known positions of the puck repeaters 866 are transmitted by the puck repeaters 866. Though Burch discusses using signal strength, there is no disclosure or suggestion that the signals evaluated for strength are representative of the known positions of the puck repeaters 866. Indeed, Burch's prior discussion of the puck repeaters 866 being used to repeat received transmissions would suggest that the repeated transmissions are used to determine signal strength, rather than any known position transmission.
However Examiner respectfully disagrees because the pucks are in communication beyond repeating in notifying tracking system components of the pucks location “For instance, during setup, the perimeter puck repeaters 866 may output a perimeter signal to the ISM network 616 in response to a user action (e.g., depressing a switch). Alternatively, the central monitoring system may determine that particular puck repeaters 866 form an outer boundary, e.g, based on GPS positioning data, and categorize such puck repeaters 866 as perimeter-type puck repeaters 866.” [0151]
Applicant fourthly argues (page 9):
Additionally, there is no disclosure or suggestion that Burch's WLAN unit 210 (alleged hub) uses the puck repeater's transmitted position in response to determining the WLAN unit 210 cannot access GPS, a WiFi positioning system, or a cellular positioning system.
However Examiner respectfully disagrees for the reasons as argued in response to new amendments, see paragraph [0051] in claim rejection, additionally newly cited reference Buerger teaches a hierarchy of location triangulation sources as provided in the current rejection to advantage loss of GPS and more.
Applicant fifthly argues (page 9):
Furthermore, the fact that Burch's puck repeaters 866 use GPS to determine their location means that the puck repeaters 866 are dependent upon GPS, and thus would not be used and/or useful when GPS is inaccessible. See, e.g., Burch at [0150] ("the puck repeaters 866 further include the GPS antenna 720 and GPS unit 725 such that the controller 868 of the puck repeater 866 is operable to receive GPS data to determine the location of the puck repeater 866.")
However Examiner respectfully disagrees because as responded to in arguments above it would be obvious to provide a hierarchy/redundancy of triangulation systems.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 3 and 22 rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 3 as currently amended in dependence to claim 1, recites the same hub/gateway processing circuitry functions as claims 1 and 20 without additional features or structure. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 103
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.
Claims 1-10, 20 and 21-28 are rejected under 35 U.S.C. 103 as being unpatentable over Burch (US 2014/0240125) in view of Albrecht (US 8,748,776) and Buerger (US 2008/0293431).
Regarding claim 1, Burch discloses (Fig-8-10-11) a welding asset tracking system, comprising:
an asset tag (150/550/620) retained by a first type of welding asset (asset/tool 105 may be any type of tool “Although the tool 105 is depicted as a power drill, other types of tools and accessories may also be monitored by the tool monitoring system 100.” [0040]), the asset tag comprising asset data relating to the first type welding asset (asset tag as part of data system having tool relevant information collection and storing “The controller 220 is also in communication with the tool controller 145, for instance, to retrieve tool status and usage data, such as that which is stored in the memory 180 or being obtained by the tool controller 145 (e.g., from the sensors 155) in real-time or near real-time” [0048], type of tool and further tool specific tool information stored on asset tracker/tag “The tracking unit 550 may be programmed via a wireless or wired connection such that the tracking unit 550 stores the type of tool or device to which it is secured. (e.g., drill, battery charger, ladder, vehicle, etc.) For instance, the smart phone 120 or monitoring device 135 may include software for communicating with and programming the tracking unit 550. Thereafter, when transmitting the ID of the tracking unit 550, the tracking unit 550 may also identify to a receiving device the type of tool or device to which it is attached.” [0087]);
a location beacon (satellites or cell towers or fobs or tools/assets or gateway “In some embodiments, the tracking unit 150 determines the position of the tool 105 using cellular triangulation, rather than using the GPS unit 215.” [0051], “multiple devices in the system 600 cooperate to triangulate the location of a particular tool 605 using, for instance, strength-of-signal determinations made by the multiple fobs 610, the gateway 615, and other tools 605.” [0120] or puck 866 “the location information of the puck repeaters 866 is used to determine the position of other elements of the ISM network 616, such as the tools 605 and fobs 610. For instance, a distance of one of the tools 605 from a puck repeater 866 may be calculated based on a determined signal strength of communications between the tool 605 and puck repeater 866. Using the combination of the GPS location data of the puck repeater 866 and the relative distance of the tool 605 from the puck repeater 866, an approximate location of the tool 605 is determined. Moreover, in some instances, determining the signal strength between an ISM network device (e.g., one of the tools 605) and multiple puck repeaters 866 at known positions may be used to triangulate the location of a particular device on the ISM network 616” [0150])) comprising:
beacon communication circuitry (beacon/puck 866 as part of ISM communication to include mesh networking, “The puck repeaters 866 receive ISM communications from the tools 605, fobs 610, or gateways 615, and re-transmit the received communications to other tools 605, fobs 610, and/or gateways 615 on the ISM network 616.” [0147], “Additionally, the ISM network may be configured as a mesh network implementing a store and forward protocol.” [0094] system uses ISM signal triangulation to locate assets/tools “In some instances, multiple devices in the system 600 cooperate to triangulate the location of a particular tool 605 using, for instance, strength-of-signal determinations made by the multiple fobs 610, the gateway 615, and other tools 605.” [0120]) configured to transmit a location signal representative of a beacon location of the location beacon (triangulation with known puck locations as reference to determine location of other ISM devices of system “the location information of the puck repeaters 866 is used to determine the position of other elements of the ISM network” [0150]),
a hub (a hub as an asset may be used in relaying tool data, emphasis added
“In addition to, or as an alternative to, the controller 220 outputting the tool data via the cellular unit 205, the controller 220 may also output the tool data via the WLAN unit 210. The WLAN unit 210 converts the tool data to a WLAN-compatible format and transmits the tool data to a remote device, such as a tool monitoring server 140, PC 135, or internet-enabled smart phone 120, via the wireless router 130. In some embodiments, the wireless router 130 facilitates wireless communication according to IEEE 802.11 protocols, also referred to as Wi-Fi.RTM.. In some instances, the wireless router 130 may be a type of wireless access point (WAP) device other than a router, such as a hub.” [0050],
additionally multiple instances of tools/assest 105 and or Fobs 610 and or gateway 615 may/anticipated to function as hub to bridges in forwarding communication data to server 140
“Additionally, the ISM network may be configured as a mesh network implementing a store and forward protocol. Thus, the other tools 605 and fobs 610 may serve as bridges to the gateway 615, effectively increasing the maximum communication range between tools 605, fobs 610, and gateways 615. An example of a message communicated via the store-and-forward protocol is described below with respect to FIG. 11A.” [0094])
retained by a second type of welding asset that is different than the first type of welding asset (second instance/plurality of tools/assets 105 and of fobs 610 and 615 functioning as hub/gateway/router as disclosed above [0094], or a individual tool may act as a central hub/gateway “the gateway 615 is secured to a worksite radio 800” [0144]), the hub comprising:
a tag reader (antenna 185 and or tag reading being any asset (105,605,610,615) in communication to tool/asset 105, as received signal to hub from tracking unit 150 as disclosed above [0050],[0094], via communication circuitry disclosed below [0046]) configured to obtain the asset data from the asset tag (asset tag communicates to hub via connection to communication circuitry “The tracking unit 150 further includes a controller 220 in communication with the cellular unit 205, WLAN unit 210, GPS unit 215, and a memory 225.” [0046] and as “store and forward protocol” between assets/tools as disclosed above [0094]), and
hub communication circuitry configured to receive the location signal from the beacon communication circuitry and transmit the asset data along with a location (as disclosed above asset data is transmitted through hubs [0050][0094], mesh networking as part of the ISM network as disclosed above [0149]), and
hub processing circuitry configured to determine whether the hub communication circuitry can access a global positioning system (GPS)(GPS/aGPS as disclosed below [0051]), wireless fidelity (WiFi) position system (WLAN triangulated, see below [0051]), or cellular positioning system (cellular triangulated, see below [0051]), and
in response to determining the hub communication circuitry cannot access the GPS, WiFi position system, or cellular positioning system (anticipation to using aGPS that firstly provides assistance to acquiring orbital positions of GPS but then secondarily/alternatively as necessary may provide ground based signal triangulation “In some embodiments, the GPS unit 215 is an assisted GPS (aGPS) unit that communicates with the cellular unit 205 and/or WLAN unit 210 in addition to monitoring GPS radio signals to determine the position of the tool 105. For example, the aGPS unit may communicate with remote devices (not shown) via the cellular unit 205 and/or WLAN unit 210 to obtain information that assists in more quickly acquiring satellites. The information may include orbital data for GPS satellites (e.g., satellite 110), precise time data, position information based on triangulation between cellular towers (e.g., cellular network antenna 115) or WLAN routers (e.g., wireless router 130), etc. In some instances, the GPS unit 215 may transmit GPS signal data received via the GPS antenna 200 to a remote GPS server (not shown) via the cellular unit 205 or WLAN unit 210. The GPS server is then operable to generate the position data and provide the position data back to the GPS unit 215, controller 220, or a remote monitoring device.” Emphasis added [0051]), determine the location based on the beacon location (all locations are triangulation relative to reference points whether GPS/cellular/WLAN as disclosed above [0051], anticipation to any of the finite devices of the system 600 providing reference to triangulating “In some instances, multiple devices in the system 600 cooperate to triangulate the location of a particular tool 605 using, for instance, strength-of-signal determinations made by the multiple fobs 610, the gateway 615, and other tools 605.” [0120], beacons 866 as part of anticipated triangulation options “The perimeter-type puck repeaters 866 form a virtual or geo-fence type boundary around the worksite 860 to detect tools 605, fobs 610, and gateways 615 that near or exit the worksite 860 and, in some instances, to cause a security action to be taken instantaneously or with a delay. In some embodiments, puck repeaters 866 are positioned near exits/entrances of the worksite 860, such as the puck repeaters 866a of FIG. 20 on both sides of the gate 865.” [0151]); and
a welding asset tracking server (140 or any central monitoring system “A central monitoring system, such as a remote monitoring system 120 or 135, the gateway 615, the tool monitoring server 140, or the local computing device 618” [0151]) configured to receive the asset data and the location and update an asset tracking database (285) with the asset data and the location (updated data of assets sent to server 140 “The WLAN unit 210 converts the tool data to a WLAN-compatible format and transmits the tool data to a remote device, such as a tool monitoring server 140,” [0050], ISM data transmission include locating data “As noted above, the fob 610 may communicate with the tools 605 via ISM communications (i.e., using ISM unit 650 and ISM antenna 652). In addition to populating the tool database 285, the communication may be used for tool identification, tool locating, geo-fencing, and other tool management and status monitoring.” [0111]).
Additionally, Albrecht provides the obviousness of including welding assets as tracked tools
(“a GPS device 42 may be integrated with wireless communication assembly 24 or its corresponding welding-type device to provide an absolute location reading. Such location information could then be forwarded to other welding-type devices, transmitted directly to a monitor device, or could be used to display position on user interface 34 of wireless communication assembly 24. It is further contemplated that an inertial sensor 43, preferably a MEMS-type sensor, may also be incorporated for relative tracking or position information, or to supplement other location sensors such as the GPS device 42. Also, DME (Distance Measuring Equipment) and VOR (Very high frequency Omni Ranging) sensors 44 may be employed to determine position information of a welding-type device relative to a monitoring device or radio tower.” (column 7, lines 47-66)).
The advantage of tools/assets being specifically a welding tools/assets, is to provide a known location/tracking of welding tools/assets across worksite “in situations where numerous welding-type devices are used, these devices may end up scattered across vast worksites, and thus become difficult to track or locate.” (column 1, lines 46-58).
Therefore it would have been obvious to someone with ordinary skill in the art at the time the invention was filed, to modify Burch with Albrecht, by adding to the general tool tracking system of Burch, the welding tool tracking of Albrecht, to provide a known location/tracking of welding tools/assets across worksite.
Additionally Buerger teaches in regards to selecting alternative location triangulation systems, in response to determining the hub communication circuitry cannot access the GPS, WiFi position system, or cellular positioning system (that switching between known triangulation system is known because selecting a certain triangulation systems over another may simply be initiated because one or more triangulation system may be inoperative or because one triangulation system is better than the others for a particular advantage “As multiple location based services, such as, for example, GPS, Wi-Fi, and cellular, can be used by a mobile device to determine its position, establishing a hierarchy by which these different modes of location determination can be used is described herein. In the event that one or more LBS or their associated networks are not available or if one is better for a particular purpose, the techniques disclosed herein can rank, select, and detect the suitability of given LBS or network to enhance the user's experience with the mobile device.” [0022].
The advantage of selecting alternative location triangulation systems, in response to determining the hub communication circuitry cannot access the GPS, WiFi position system, or cellular positioning system, is to choose a triangulation location system that provides the greatest advantage under real world circumstances “the method further comprises the step of ranking the plurality of location services, wherein the first location service is the highest ranked location service and the second location service network is the second highest ranked location service. In various embodiments, the ranking of the location services may be based on accuracy of the services, response time of the service, or the cost of using each of the plurality of location services.” [0008].
Therefore it would have been obvious to someone with ordinary skill in the art at the time the invention was filed, to modify Burch with Albrecht, by adding to the triangulation system selection of Burch, the ranked to real world advantage triangulation system selection of Buerger, because providing a hierarchy to triangulation system responsive to real world scenarios enables selected use of the most advantageous triangulation system with respect to the practical/ real world application advantages/limitations.
Regarding claim 2, Burch as modified teaches the system of claim 1, Burch as already modified further teaches wherein the first type of welding asset comprises an operator badge, a welding wire spool, a welding wire barrel, a welding work order, a welding workpiece, a gas bottle regulator, a weld cable, a welding helmet, an air-purifying respirator, a welding gun, a grinder, a foot pedal, or a welding wire feeder (as already provided by Burch any tool/asset is anticipated to be tracked and as already modified by Albrecht, any welding associated device is anticipated to be tracked “a GPS device 42 may be integrated with wireless communication assembly 24 or its corresponding welding-type device to provide an absolute location reading.” Albrecht (column 7, lines 47-66)) and the second type of welding asset comprises a welding power supply (welding power supply known to welding associated devices and as already modifying Albrecht anticipates welding assets to be tracked (column 7, lines 47-66), while Burch already provides that any type of tool/accessory to tool may be tracked “other types of tools and accessories may also be monitored by the tool monitoring system 100” [0040] Burch further specifically anticipates power supplies being tracked “a portable power source” [0040]), a plasma cutter, or a fume extractor (tools of Birch or Albrecht).
Regarding claim 3, Burch as modified teaches the system of claim 2, Burch as already modified further teaches wherein the hub processing circuitry is configured to:
determine whether the hub communication circuitry can access the GPS, WiFi positioning system, and cellular positioning system, and
in response to determining the hub communication circuitry cannot access the GPS, WiFi positioning system, and cellular positioning system, determine the location based on the beacon location (see rejection of claim 1 covering same function/structure).
Regarding claim 4, Burch discloses the system of claim 1, Burch further discloses wherein the hub further comprises memory circuitry (storing of “tool data” of the tool may include “position data”, “the tracking unit 150 receives global positioning satellite (GPS) signals via the GPS antenna 200 from satellite 110. The GPS signals are transmitted from the GPS antenna 200 to the GPS unit 215. The GPS unit 215 interprets the GPS signals to determine a position of the tracking unit 150. The determined position is output by the GPS unit 215 to the controller 220 as position data. The controller 220 also obtains tool status and usage data (whether from memory 225 or tool controller 145) which, in combination with the position data, is collectively referred to as ‘tool data.’” [0049]) configured to store the location (“position data” as disclosed above [0049]) and the location beacon further comprises beacon memory circuitry (memory 870 of beacon/puck 866 “a controller 868 of the puck repeater 866 includes a memory 870 for storing instructions that, when executed by the controller 868, enable the controller 868 to carry out the functions attributable to the controller 868 described herein.” [0148]) configured to store the beacon location (beacon/puck in communication with ISM network components to provide information of stored location relatively “In some instances, the puck repeaters 866 further include the GPS antenna 720 and GPS unit 725 such that the controller 868 of the puck repeater 866 is operable to receive GPS data to determine the location of the puck repeater 866. In turn, the location information of the puck repeaters 866 is used to determine the position of other elements of the ISM network 616, such as the tools 605 and fobs 610.” [0150]).
Regarding claim 5, Burch discloses the system of claim 1, Burch further discloses wherein the location comprises a tag location of the asset tag, or the tag location of the first type of welding asset retaining the asset tag (position data is location tag mapping “If the user touches the map button 328, the GUI 306 displays a mapping of the selected tools based on the obtained position data.” [0061]), and determining the location comprises determining a hub location of the hub based on the beacon location (beacon/puck in communication with ISM network components (such as hub/tools) to provide information of stored location relatively “In some instances, the puck repeaters 866 further include the GPS antenna 720 and GPS unit 725 such that the controller 868 of the puck repeater 866 is operable to receive GPS data to determine the location of the puck repeater 866. In turn, the location information of the puck repeaters 866 is used to determine the position of other elements of the ISM network 616, such as the tools 605 and fobs 610.” [0150]), and determining the location based on the hub location (as disclosed above the hub may be within assets/tools [0094], while the location of tools/assets is provided through triangulation therebetween locally [0120] or by GPS/cell tower triangulation [0051][0150]).
Regarding claim 6, Burch discloses the system of claim 1, Burch further discloses, wherein the beacon location is defined relative to another location beacon (relative location of beacons used together to perform triangulation “multiple puck repeaters 866 at known positions may be used to triangulate the location of a particular device on the ISM network 616” [0150]) relative to an item or structure in a local welding environment, or in terms of the local welding environment (positioning may be used relative to beacons/pucks that are of known positions, emphasis added “the location information of the puck repeaters 866 is used to determine the position of other elements of the ISM network 616, such as the tools 605 and fobs 610. For instance, a distance of one of the tools 605 from a puck repeater 866 may be calculated based on a determined signal strength of communications between the tool 605 and puck repeater 866. Using the combination of the GPS location data of the puck repeater 866 and the relative distance of the tool 605 from the puck repeater 866, an approximate location of the tool 605 is determined. Moreover, in some instances, determining the signal strength between an ISM network device (e.g., one of the tools 605) and multiple puck repeaters 866 at known positions may be used to triangulate the location of a particular device on the ISM network 616.” [0150], the relative/known positions further exampled to worksite features “The perimeter-type puck repeaters 866 form a virtual or geo-fence type boundary around the worksite 860 to detect tools 605, fobs 610, and gateways 615 that near or exit the worksite 860 and, in some instances, to cause a security action to be taken instantaneously or with a delay. In some embodiments, puck repeaters 866 are positioned near exits/entrances of the worksite 860, such as the puck repeaters 866a of FIG. 20 on both sides of the gate 865.” [0151], as already modifying Albrecht provides welding asset monitoring “determine position information of a welding-type device relative to a monitoring device or radio tower.” (Albrecht column 7, lines 47-66)).
Regarding claim 7, Burch discloses the system of claim 1, Burch further discloses wherein the hub processing circuitry is configured to determine the location based on the beacon location and a beacon communication range of the beacon communication circuitry (as disclosed above triangulation as known to range of communication [0051][0150], further with emphasis “multiple devices in the system 600 cooperate to triangulate the location of a particular tool 605 using, for instance, strength-of-signal determinations made by the multiple fobs 610, the gateway 615, and other tools 605.” [0120]), or a reader communication range of the tag reader (Applicants specifications page 4 provides that the “reader” is merely the communication component of the hub “the method further comprises determining the location based on a reader communication range of the tag reader.”, as already disclosed, the communication range of the hub(s) may be used to determine location of asset [0051][0150][0120]).
Regarding claim 8, Burch discloses the system of claim 1, Burch further discloses further comprising:
a plurality of asset tags retained by a plurality of welding assets of the first type (asset tags assigned to tools “The tracking unit 150 of tool 105” [0044], emphasis added “the tracking unit 550 may also identify to a receiving device the type of tool or device to which it is attached.” [0087]), the plurality of asset tags comprising the asset tag (plurality as provided), and the plurality of welding assets of the first type comprising the first type of welding asset (plurality as provided); and
a plurality of hubs retained by a plurality of welding assets of the second type (the hub may also be in plurality “The system 600 is further expandable to include multiple gateways 615 at a single worksite or at various worksites.” [0098] or as provided by tools 605 acting as hubs Fig-11a/b), the plurality of hubs comprising the hub (plurality as provided), and the plurality of welding assets of the second type comprising the second type of welding asset (plurality as provided),
wherein the plurality of asset tags are more numerous than the plurality of hubs, and the plurality of welding assets of the first type are more numerous than the plurality of welding assets of the second type (number of tracked tools/accessories is a method of use as any number of tracked tools/accessories may be added “the fob 610 may include a graphical user interface (GUI) that enables a user to navigate (e.g., with navigation controls 660) to manually add, edit, and delete tools 605 and associated information of the tools database 285” [0110], similarly the number of tracking devises is a method of use because any number of tracking devices may be added “The system 600 is further expandable to include multiple gateways 615 at a single worksite or at various worksites.” [0098]).
Regarding claim 9, Burch discloses the system of claim 1, Burch further discloses (Fig-10-11) further comprising a gateway being retained by a third type of welding asset that is different than the first type of welding asset and the second type of welding asset (assets tags as already provided in claim 1 may be provided to different tools [0040], the asset tags when considered as hubs (in view that a gateway is also a hub that is capable of language translation) may communicate with one another as part of ISM network (Fig-10-11ab) [0112], intern the gateway as part of a tool “the gateway 615 is secured to a worksite radio 800” [0144] may communicate to the asset tracking server 140 (Fig-10) “Thus, the other tools 605 and fobs 610 may serve as bridges to the gateway 615, effectively increasing the maximum communication range between tools 605, fobs 610, and gateways 615. An example of a message communicated via the store-and-forward protocol is described below with respect to FIG. 11A.” [0094], or wherein a gateway is considered as smartphone/computer 618,135,120 [0054], the attachment of gateways to tools is anticipated for sharing of power “In some embodiments, the gateway 615 is also electrically coupled to the radio 800 to enable the gateway 615 to receive power via the radio 800.” [0145] or to provide multifunction of the tool “the gateway 615 is integrated with the radio.” [0146] or to provide a tool of furthering communication/protection “13D-G illustrates a smart phone 120 having an ISM case 670. The smart phone 120 and the ISM case 670 are collectively referred to as ISM phone 671. The ISM case 670 receives the smart phone 120 and may snap onto or have a friction fit with smart phone 120 to keep the ISM case 670 secured thereto. The ISM case 670 protects the smart phone 120 from damage due to bumping, dropping, and other physical contact. Accordingly, the ISM case 670 includes a perimeter 672 that surrounds the outer sides of the smart phone 120, a back 674, and, in some instances, a clear front panel (not shown) to protect the touch-screen display 254. Additionally, the ISM case 670 includes an integrated ISM antenna 676 for communicating over the ISM network 616, e.g., with the tools 605, fobs 610, the gateway 615, and other ISM phones 671. In FIG. 13F, the integrated ISM antenna 676 includes one or more antennas 676 in the perimeter 672” [0125]), the second type of welding asset comprising a welding wire feeder, the third type of welding asset comprising a welding power supply, a plasma cutter, or a fume extractor (as already modified by Albrecht, known welding type devices are obvious to tool location monitoring “determine position information of a welding-type device relative to a monitoring device or radio tower.” (Albrecht column 7, lines 47-66)), and
the gateway comprising gateway communication circuitry configured to receive the asset data from the hub (gateway 615/610/618 receives data from hub of tool/assets “FIG. 11B illustrates a medium-scale implementation, in which the fob 610 is directly coupled to, or otherwise in local communication with, a local computing device 618 (e.g., a laptop, tablet, or smart phone). The local computing device 618 generally executes more powerful software and has more powerful processing hardware than the fob 610. In addition to providing the functions of the fob 610, the local computing device 618 provides a more robust graphical user interface and additional features for interacting with the tools 605 (e.g., larger tool database, more configurable tool monitoring options, etc.). The fob 610 then facilitates the communication between the tools 605 and the local computing device 618.” [0097]) and transmit the asset data to the welding asset tracking server (see figure 10 providing cellular 115 in connection to server 140 via internet 125, while the hub provides connection to cellular through gateway, emphasis added
“In some large-scale embodiments, the gateway 615 is replaced or supplemented with an embodiment of the local computing device 618 having the ability to communicate with the cellular antenna 115, thus interfacing the ISM network 616 with the cellular network 617. The system 600 is further expandable to include multiple gateways 615 at a single worksite or at various worksites.” [0098]).
Regarding claim 10, Burch as modified teaches the system of claim 1, Burch as already modified teaches wherein the asset tag, the first type of welding asset, the location beacon, the hub, and the second type of welding asset are located within a factory, a manufacturing yard, or a shipyard worksite choice of placement is a method of use and provides little weight as the asset tag system may be used in any type of the already anticipated worksite locations “The perimeter-type puck repeaters 866 form a virtual or geo-fence type boundary around the worksite 860 to detect tools 605, fobs 610, and gateways 615 that near or exit the worksite 860 and, in some instances, to cause a security action to be taken instantaneously or with a delay. In some embodiments, puck repeaters 866 are positioned near exits/entrances of the worksite 860, such as the puck repeaters 866a of FIG. 20 on both sides of the gate 865.” [0151] manufacturing/construction “Additionally, the boundaries 435 and 440, as well as the positions of the tools, may be overlaid on a map similar to map 385. Accordingly, the center point 420 may be dragged to an appropriate map position by a user. Alternatively, the center point 420 may be the location of a street address or geographic coordinates (i.e., longitude and latitude) entered by the user, such as the address or coordinates of a warehouse, a factory, a construction site, etc.” [0073]).
Regarding claim 20, Burch discloses a welding asset tracking system, comprising:
an asset tag (150) retained by a first type of welding asset (tool/asset 105), the asset tag comprising asset data relating to the first type welding asset (asset tag 150 as part of data system having tool relevant information collection and storing “The controller 220 is also in communication with the tool controller 145, for instance, to retrieve tool status and usage data, such as that which is stored in the memory 180 or being obtained by the tool controller 145 (e.g., from the sensors 155) in real-time or near real-time” [0048]);
a location beacon (satellites or cell towers or fobs or tools/assets or gateway “In some embodiments, the tracking unit 150 determines the position of the tool 105 using cellular triangulation, rather than using the GPS unit 215.” [0051], “multiple devices in the system 600 cooperate to triangulate the location of a particular tool 605 using, for instance, strength-of-signal determinations made by the multiple fobs 610, the gateway 615, and other tools 605.” [0120] or pucks 866 “the location information of the puck repeaters 866 is used to determine the position of other elements of the ISM network 616, such as the tools 605 and fobs 610. For instance, a distance of one of the tools 605 from a puck repeater 866 may be calculated based on a determined signal strength of communications between the tool 605 and puck repeater 866. Using the combination of the GPS location data of the puck repeater 866 and the relative distance of the tool 605 from the puck repeater 866, an approximate location of the tool 605 is determined. Moreover, in some instances, determining the signal strength between an ISM network device (e.g., one of the tools 605) and multiple puck repeaters 866 at known positions may be used to triangulate the location of a particular device on the ISM network 616” [0150]) comprising:
beacon communication circuitry configured to transmit a location signal representative of a beacon location of the location beacon (triangulation and puck locations as reference used to determine location of other ISM devices of system “the location information of the puck repeaters 866 is used to determine the position of other elements of the ISM network” [0150]),
a gateway (gateway 615 or Fob 610 as gateway for communication to mobile device 618 or tools as gateway via “store and send” communication there between, see figure 11 providing 605a communicating to hob 610 while also communicating to secondary tool/asset 605b,
“FIG. 11B illustrates a medium-scale implementation, in which the fob 610 is directly coupled to, or otherwise in local communication with, a local computing device 618 (e.g., a laptop, tablet, or smart phone). The local computing device 618 generally executes more powerful software and has more powerful processing hardware than the fob 610. In addition to providing the functions of the fob 610, the local computing device 618 provides a more robust graphical user interface and additional features for interacting with the tools 605 (e.g., larger tool database, more configurable tool monitoring options, etc.). The fob 610 then facilitates the communication between the tools 605 and the local computing device 618.” [0097])
retained by a second type of welding asset (second instance of 105/605 or 610 or 615) that is different than the first type of welding asset (plurality of tools/assets 105 and of fobs 610 and 615 functioning as hub/gateway/router as disclosed above [0094], or an individual tool may act as a central hub/gateway “the gateway 615 is secured to a worksite radio 800” [0144]), the gateway comprising:
a tag reader (antenna 185 with associated circuitry, or network pathways 616 ass shown in figure 10 wherein tag 150 is readable by fob 610, other tools 605 or gateway 615) configured to obtain the asset data from the asset tag, and gateway communication circuitry (circuitry enabling communication function of gateway) configured to receive the location signal from the beacon communication circuitry (gateway communication to beacon/puck “The puck repeaters 866 receive ISM communications from the tools 605, fobs 610, or gateways 615, and re-transmit the received communications to other tools 605, fobs 610, and/or gateways 615 on the ISM network 616.” [0147]) and transmit the asset data (“The tracking unit 150 of tool 105 includes one or more antennas 185 for communication with the satellite 110, cellular network antenna 115, wireless router 130, and/or other wireless communication networks and devices.” [0044]) along with a location (known location of pucks used to determine and pass on location of other ISM devices “the location information of the puck repeaters 866 is used to determine the position of other elements of the ISM network” [0150] tracking unit information as part of network transmissions disclosed above [0044]); and
gateway processing circuitry configured to:
determine whether the gateway communication circuitry can access a global positioning system (GPS)(GPS/aGPS as disclosed below [0051]), wireless fidelity (WiFi) (WLAN triangulated, see below [0051]) positioning system, or cellular positioning system (cellular triangulated, see below [0051]), and
in response to determining the gateway communication circuitry cannon access the GPS, WiFi positiong system, or cellular positioning system (anticipation to using aGPS that firstly provides assistance to acquiring orbital positions of GPS but then secondarily/alternatively as necessary may provide ground based signal triangulation “In some embodiments, the GPS unit 215 is an assisted GPS (aGPS) unit that communicates with the cellular unit 205 and/or WLAN unit 210 in addition to monitoring GPS radio signals to determine the position of the tool 105. For example, the aGPS unit may communicate with remote devices (not shown) via the cellular unit 205 and/or WLAN unit 210 to obtain information that assists in more quickly acquiring satellites. The information may include orbital data for GPS satellites (e.g., satellite 110), precise time data, position information based on triangulation between cellular towers (e.g., cellular network antenna 115) or WLAN routers (e.g., wireless router 130), etc. In some instances, the GPS unit 215 may transmit GPS signal data received via the GPS antenna 200 to a remote GPS server (not shown) via the cellular unit 205 or WLAN unit 210. The GPS server is then operable to generate the position data and provide the position data back to the GPS unit 215, controller 220, or a remote monitoring device.” Emphasis added [0051]), determine the location based on the beacon location (all locations are triangulation relative to reference points whether GPS/cellular/WLAN as disclosed above [0051], anticipation to any of the finite devices of the system 600 providing reference to triangulating “In some instances, multiple devices in the system 600 cooperate to triangulate the location of a particular tool 605 using, for instance, strength-of-signal determinations made by the multiple fobs 610, the gateway 615, and other tools 605.” [0120], beacons 866 as part of anticipated triangulation options “The perimeter-type puck repeaters 866 form a virtual or geo-fence type boundary around the worksite 860 to detect tools 605, fobs 610, and gateways 615 that near or exit the worksite 860 and, in some instances, to cause a security action to be taken instantaneously or with a delay. In some embodiments, puck repeaters 866 are positioned near exits/entrances of the worksite 860, such as the puck repeaters 866a of FIG. 20 on both sides of the gate 865.” [0151]); and
a welding asset tracking station (server 140 or computer 135 or cellular 120 or fob 610 with 618) configured to receive the asset data and the location (database receives tool information and position “The tool information database 285b stores information obtained from the tools through monitoring, including the tool data (i.e., tool status, usage, and position data).” [0056]) and update an asset tracking database (285) with the asset data and the location (anticipation of data being passed by multiple different pathways to user interfaces as shown in figures 10 and 11, see supporting paragraphs [0097][0112], ISM data transmission includes locating data “As noted above, the fob 610 may communicate with the tools 605 via ISM communications (i.e., using ISM unit 650 and ISM antenna 652). In addition to populating the tool database 285, the communication may be used for tool identification, tool locating, geo-fencing, and other tool management and status monitoring.” [0111])).
Additionally, Albrecht provides obviousness of position tracking welding assets
(“a GPS device 42 may be integrated with wireless communication assembly 24 or its corresponding welding-type device to provide an absolute location reading. Such location information could then be forwarded to other welding-type devices, transmitted directly to a monitor device, or could be used to display position on user interface 34 of wireless communication assembly 24. It is further contemplated that an inertial sensor 43, preferably a MEMS-type sensor, may also be incorporated for relative tracking or position information, or to supplement other location sensors such as the GPS device 42. Also, DME (Distance Measuring Equipment) and VOR (Very high frequency Omni Ranging) sensors 44 may be employed to determine position information of a welding-type device relative to a monitoring device or radio tower.” (column 7, lines 47-66)).
The advantage of tool/asset being specifically a welding tool/asset, is to provide a known location of welding tools across worksite “in situations where numerous welding-type devices are used, these devices may end up scattered across vast worksites, and thus become difficult to track or locate.” (column 1, lines 46-58).
Therefore it would have been obvious to someone with ordinary skill in the art at the time the invention was filed, to modify Burch with Albrecht, by adding to the general tool tracking system of Burch, the welding tool tracking of Albrecht, to provide a known location of welding tools across worksite.
Additionally Buerger teaches in regards to selecting alternative location triangulation systems, in response to determining the hub communication circuitry cannot access the GPS, WiFi position system, or cellular positioning system (that switching between known triangulation system is known because selecting a certain triangulation systems over another may simply be initiated because one or more triangulation system may be inoperative or because one triangulation system is better than the others for a particular advantage “As multiple location based services, such as, for example, GPS, Wi-Fi, and cellular, can be used by a mobile device to determine its position, establishing a hierarchy by which these different modes of location determination can be used is described herein. In the event that one or more LBS or their associated networks are not available or if one is better for a particular purpose, the techniques disclosed herein can rank, select, and detect the suitability of given LBS or network to enhance the user's experience with the mobile device.” [0022].
The advantage of selecting alternative location triangulation systems, in response to determining the hub communication circuitry cannot access the GPS, WiFi position system, or cellular positioning system, is to choose a triangulation location system that provides the greatest advantage under real world circumstances “the method further comprises the step of ranking the plurality of location services, wherein the first location service is the highest ranked location service and the second location service network is the second highest ranked location service. In various embodiments, the ranking of the location services may be based on accuracy of the services, response time of the service, or the cost of using each of the plurality of location services.” [0008].
Therefore it would have been obvious to someone with ordinary skill in the art at the time the invention was filed, to modify Burch with Albrecht, by adding to the triangulation system selection of Burch, the ranked to real world advantage triangulation system selection of Buerger, because providing a hierarchy to triangulation system responsive to real world scenarios enables selected use of the most advantageous triangulation system with respect to the practical/ real world application advantages/limitations.
Regarding claim 21, Burch as modified teaches the welding asset tracking system of claim 20, Burch as already modified teaches wherein the first type of welding asset comprises an operator badge, a welding wire spool, a welding wire barrel, a welding work order, a welding workpiece, a gas bottle regulator, a weld cable, a welding helmet, an air-purifying respirator, or a foot pedal (Albrecht as already modifying provides that the type of welding assets to be tracked “in situations where numerous welding-type devices are used, these devices may end up scattered across vast worksites, and thus become difficult to track or locate.” (Albrecht, background 4th paragraph) include welding accessories “The phrase "welding-type device" shall include all devices useable in a welding system, including but not limited to welders, power sources, wire feeders, generators, weld guns and torches, advanced and user adapted systems, wire reels, accessories, and the like.” (Albrecht, Description 4th paragraph)) and the second type of welding asset comprises a welding power supply (welding power supply known to welding associated devices and as already modifying Albrecht anticipates welding assets to be tracked (column 7, lines 47-66), while Burch already provides that any type of tool/accessory to tool may be tracked “other types of tools and accessories may also be monitored by the tool monitoring system 100” [0040] Burch further specifically anticipates power supplies being tracked “a portable power source” [0040]), a plasma cutter, or a fume extractor (tools of Birch or Albrecht).
Regarding claim 22, Burch as modified teaches the welding asset tracking system of claim 21, Burch as already modified teaches wherein the gateway communication circuitry is configured to:determine whether the gateway communication circuitry can access the GPS, WiFi positioning system, and cellular positioning system, andin response to determining the gateway communication circuitry cannot access the GPS, WiFi positioning system, and cellular positioning system, determine the location based on the beacon location (see rejection of claim 20 covering same function/structure).
Regarding claim 23, the welding asset tracking system of claim 20, wherein the gateway further comprises gateway memory circuitry (252) configured to store the location (nature of gateway providing positioning of tools to user as disclosed below [0138-0139]).
Regarding claim 24, Burch discloses the welding asset tracking system of claim 23, Burch further discloses wherein the location comprises a tag location of the asset tag (nature of asset tracking system), or the tag location of the first type of welding asset retaining the asset tag, and determining the location comprises determining a hub location of the hub based on the beacon location (triangulation with known puck locations as reference to determine location of other ISM devices of system “the location information of the puck repeaters 866 is used to determine the position of other elements of the ISM network” [0150]), and determining the tag location based on the hub location (Hub location via GPS as disclosed above [0052],[0073,[0038-0139], triangulation from hub to tools/assets “the tool monitoring system 270 of the fob 610 relies on ISM communications for sending commands, receiving tool data, and determining tool position, for example, based on strength of signal determinations.” [0113], “multiple devices in the system 600 cooperate to triangulate the location of a particular tool 605 using, for instance, strength-of-signal determinations made by the multiple fobs 610, the gateway 615, and other tools 605.” [0120]).
Regarding claim 25, Burch discloses the welding asset tracking system of claim 20, Burch further discloses wherein the location beacon further comprises:
beacon memory (870) circuitry configured to store the beacon location (beacon/puck in communication with ISM network components to provide information of stored location relatively “In some instances, the puck repeaters 866 further include the GPS antenna 720 and GPS unit 725 such that the controller 868 of the puck repeater 866 is operable to receive GPS data to determine the location of the puck repeater 866. In turn, the location information of the puck repeaters 866 is used to determine the position of other elements of the ISM network 616, such as the tools 605 and fobs 610.” [0150]).
Regarding claim 26, Burch discloses the welding asset tracking system of claim 20, Burch further discloses wherein the gateway processing circuitry is configured to determine the location based on
the beacon location (location beacon of local positioning and or relative a center point “In some embodiments, the center point 420 is tied to a GPS-enabled device that can periodically report its GPS coordinates and, therefore, the position of the center point 420 may be dynamic. For example, the GPS-enabled device may be a cell phone of a construction site supervisor, a vehicle, a tracking device secured to a construction-site headquarters or trailer, or another device. In some embodiments, the center point 420 is tied to another tool 105 such that the geo-fence boundary for one or more tools 105 is centered about the location of another tool 105.” [0073] or satellites or cell towers or fobs or tools/assets or gateway providing beaconing “In some embodiments, the tracking unit 150 determines the position of the tool 105 using cellular triangulation, rather than using the GPS unit 215.” [0051], “multiple devices in the system 600 cooperate to triangulate the location of a particular tool 605 using, for instance, strength-of-signal determinations made by the multiple fobs 610, the gateway 615, and other tools 605.” [0120] the gateway 615 may determine a distance between itself and one of the tools 605 and/or fobs 610 based on a determined strength of signal of incoming messages from the tools 605 and/or fobs 610. Using strength of signal determinations enables a more precise determination of the location of tools 605 and fobs 610. Additionally, the gateway 615 may use strength of signal determinations made by other fobs 610 and tools 605 with respect to a particular tool 605 or fob 610 to be located, in conjunction with the strength of signal determination made by the gateway 615, to triangulate the position of the particular tool 605 or fob 610. Thus, the user is able to remotely perform an inventory check and locate one or more tools 605 and fobs 610 that are within range of the ISM network 616.” [0139)) and
a beacon communication range of the beacon communication circuitry, or a reader communication range of the tag reader (range relative to center point as disclosed above and or as relative via triangulated between tools “In some instances, multiple devices in the system 600 cooperate to triangulate the location of a particular tool 605 using, for instance, strength-of-signal determinations made by the multiple fobs 610, the gateway 615, and other tools 605.” [0120]).
Regarding claim 27, Burch discloses the welding asset tracking system of claim 20, Burch further discloses further comprising:
a plurality of asset tags (tags of 105/605) retained by a plurality of welding assets of the first type (tools 105/605), the plurality of asset tags comprising the asset tag (nature of asset tag), and the plurality of welding assets of the first type comprising the first type of welding asset (nature of); and
a plurality of gateways (Fobs 610 acting as gateway or part of gateway via direct connection may be numerous “the tools 605 include a chirp button to assist in locating one of the fobs 610” [0116], or ISM connected cellular phones as gateway, or the disclosed gateway 615 may be numerous “In some embodiments, one or more gateways 615 are positioned at a construction site to enable communications between the ISM network 616 and a cellular network 617” [0095], gateway 615 as attachable to tools “the gateway 615 is also electrically coupled to the radio 800 to enable the gateway 615 to receive power via the radio 800” [0145]) retained by a plurality of welding assets of the second type (Fobs anticipated to be attached to tool assets “an aperture 664 for receiving a key ring or otherwise attaching the fob 610 to an item.” [0108], any tool types anticipated “Although the tool 105 is depicted as a power drill, other types of tools and accessories may also be monitored by the tool monitoring system 100” [0040], gateway tool attachment disclosed above [0145], phone attachment to monitored tool anticipated “the tool monitoring system 100 may monitor battery packs… The battery pack can also be attachable to and detachable from devices such as electronic key boxes, calculators, cellular phones…” [0040] or the cell phone as tool with tag attached “Although described above as being executed by the tool 105, the method 450 may be adopted for execution by the tool monitoring module 270 of the smart phone 120 or PC 135” [0085]), the plurality of gateways comprising the gateway (nature of), and the plurality of welding assets of the second type comprising the second type of welding asset (nature of), wherein the plurality of asset tags are more numerous than the plurality of gateways (any number of asset tags hubs and gateways anticipated “FIG. 13D illustrates a direction pointer 688 and approximated distance 690 to a wireless communication source, such as one or more of the tools 605, fobs 610, and other ISM phones 671.” [0129]), and the plurality of welding assets of the first type are more numerous than the plurality of welding assets of the second type (one or more of any tag/hub/gateway anticipated, see above [0129]).
Regarding claim 28, Burch discloses the welding asset tracking system of claim 20, Burch further discloses
wherein:
the welding asset tracking server comprises long range server communication circuitry (cell phone as asset tracking server “The cellular unit 256 is coupled to a cellular antenna 262 and, in combination, they enable the smart phone 120 to communicate via a cellular network (e.g., via cellular network antenna 115” [0052]), short and long range communication anticipated between tool tracking hierarchy “In some embodiments, one or more gateways 615 are positioned at a construction site to enable communications between the ISM network 616 and a cellular network 617. The gateway 615 serves as an intermediary communication device allowing the tools 605 of the ISM network 616 to communicate with remote monitoring devices (e.g., smart phone 120, PC 135, and tool monitoring server 140) via the cellular network antenna 115. Accordingly, potentially expensive and higher power consuming cellular communication circuitry is limited to the gateway 615, rather than being within each tool 605, resulting in an overall reduction in system costs and extended battery life of the tools 605.” [0095]), the gateway communication circuitry comprises long range gateway communication circuitry (cellular network disclosed above) configured to communicate with the long range server communication circuitry (nature of long range digital communication), the tag reader comprises a gateway barcode reader or short range gateway communication circuitry (ISM network as disclosed above [0095]),
the asset tag comprises a barcode readable by the gateway barcode reader or short range tag communication circuitry configured to communicate with the short range gateway communication circuitry (one or more of any number of range antennas anticipated to asset tag “The tracking unit 150 of tool 105 includes one or more antennas 185 for communication with the satellite 110, cellular network antenna 115, wireless router 130, and/or other wireless communication networks and devices.” [0044], ISM as disclosed above [0095]), and
the asset tag does not include long range tag communication circuitry configured to communicate with the long range gateway communication circuitry and/or long range server communication circuitry (as disclosed above, one or more of the various ranged antennas anticipated to asset tag [0044] wherein at least short range ISM capable antenna is anticipated [0095]).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Burch in view of Albrecht and Buerger and in further view of Fernandez (US 9,148,344).
Regarding claim 11, Burch as modified discloses the system of claim 1, Burch as already modified further teaches wherein the location beacon further includes a beacon user appropriate map position by a user. Alternatively, the center point 420 may be the location of a street address or geographic coordinates (i.e., longitude and latitude) entered by the user, such as the address or coordinates of a warehouse, a factory, a construction site, etc. In some embodiments, the center point 420 is tied to a GPS-enabled device that can periodically report its GPS coordinates and, therefore, the position of the center point 420 may be dynamic. For example, the GPS-enabled device may be a cell phone of a construction site supervisor, a vehicle, a tracking device secured to a construction-site headquarters or trailer, or another device. In some embodiments, the center point 420 is tied to another tool 105 such that the geo-fence boundary for one or more tools 105 is centered about the location of another tool 105.” [0073]).
Burch is silent regarding where the interface for the node is physically on the node.
However Fernandez teaches a mesh node having a physical interface that enables a user to enter its location (user provides input data to a node “A specially developed procedure referred to as a Linking Application Program (LAP) guides an installer through a step by step installation and linking process. All the required data is obtained and then used to ascertain if indeed the mesh node being installed is in the right location” (column 2, lines 22-33), node GPS coordinates as input data ”Input data may include, for example, a complete installation address, GPS coordinates, one or more photographs, and mesh node identification. Input data is received, captured, collected, or otherwise obtained by a portable/mobile electronic device used by an installer.” (column 2, lines 34-45), the node may have interface for direct input there at “Here, the display screen of reference may be a screen on the mesh node (i.e. "Unit") if it has a screen and/or a human interface of the smartphone” (column 10, lines 9-20), also coordinator of system may be present to a mesh nodes to enhance ease of use with interface thereat “In some embodiments, a coordinator may be substituted by one of a plurality of mesh nodes of the same mesh network. Generally, coordinator functions and steps are performed by a computer for a particular building or campus. However, it is also possible that in a comparatively small system having a limited number of mesh nodes (e.g. ten or fewer) all coordinator functions may be assigned to and performed by a particular designated mesh node configured and programmed to perform such steps.” (column 12, lines 34-42).
The advantage of where the interface for the node is physically on the node, is to provide access to user at node Here, the display screen of reference may be a screen on the mesh node (i.e. "Unit") if it has a screen and/or a human interface of the smartphone” (column 10, lines 9-20) and or to provide verification of beacon/node at correct location “Verifying the location by comparing all the received and required input data, such as: apartment or house number as read by the OCR, location address manually entered by the installer, GPS coordinates, time and date of installation, and reference data from an installation database to ensure that the location has not been linked previously to another mesh node and/or that the linking and installation have been scheduled.” (column 12, lines 34-42).
Therefore it would have been obvious to someone with ordinary skill in the art at the time the invention was filed, to modify Burch with Fernandez, by adding to the node triangulation system selection of Burch, the node interface of Fernandez, because providing a node with interface enhance ease of use at node and enables an at site check system that the node is at/installed to desired location.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in 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 CFR 1.136(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 shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Spencer H Kirkwood whose telephone number is (469)295-9113. The examiner can normally be reached 12:00 am - 9:00 pm Eastern.
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/Spencer H. Kirkwood/ Examiner, Art Unit 3761
/STEVEN W CRABB/ Supervisory Patent Examiner, Art Unit 3761
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