Prosecution Insights
Last updated: April 19, 2026
Application No. 17/299,252

TRACKING A COLLECTIVE OF OBJECTS

Final Rejection §103
Filed
Feb 16, 2022
Examiner
GARCIA, CARLOS E
Art Unit
2686
Tech Center
2600 — Communications
Assignee
BAYER AKTIENGESELLSCHAFT
OA Round
2 (Final)
77%
Grant Probability
Favorable
3-4
OA Rounds
2y 2m
To Grant
94%
With Interview

Examiner Intelligence

Grants 77% — above average
77%
Career Allow Rate
683 granted / 889 resolved
+14.8% vs TC avg
Strong +17% interview lift
Without
With
+16.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 2m
Avg Prosecution
32 currently pending
Career history
921
Total Applications
across all art units

Statute-Specific Performance

§101
1.6%
-38.4% vs TC avg
§103
49.2%
+9.2% vs TC avg
§102
34.3%
-5.7% vs TC avg
§112
12.7%
-27.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 889 resolved cases

Office Action

§103
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 . Election/Restrictions Applicant’s election without traverse of Group I, claims 1-6 in the reply filed on 6/03/2025 is acknowledged. Claims 7-13 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 6/03/2025. Response to Arguments Applicant’s arguments, see pages 9-10, filed 10/28/2025, with respect to the rejection(s) of claim(s) 1-3 and 5-6 rejected under 35 U.S.C. 103 as being unpatentable over KRAFT (US 20100076902 A1) in view of CHUNG et al. (KR 20060124529 A) AND claim(s) 4 rejected under 35 U.S.C. 103 as being unpatentable over KRAFT (US 20100076902 A1) in view of CHUNG et al. (KR 20060124529 A) further in view of LEE et al. (KR 20140072771 A) have been fully considered and are persuasive. Therefore, the rejection(s) have been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of newly found prior art based on the amended limitations. All references other than CHUNG et al. (KR 20060124529 A) are maintained in the current rejections, given that these do not address the amended limitations. Newly found prior art modified the current rejections to address these amended limitations. Claim 1 as amended does not further define what the state data includes or does not include, nor does it define what the differences in the state data are (i.e. types of data or parameters). Drawings The drawings were received on 10/28/2025. These drawings are acceptable. Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claim(s) 1-3 and 5-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over KRAFT (US 20100076902 A1) in view of ZANNIER et al. (US 20160316113 A1). Re Claim 1, KRAFT discloses (abstract) a system 10 (FIG.1-2) comprising: a plurality of wireless sensors [0018] (i.e. 50); a transceiver (antennas 122); a server 34 (i.e. tracking server); [0114] an analysis unit (i.e. server must include at least one analysis unit such as a master controller or processing unit); and position detector 102, wherein each wireless sensor can be connected to one object each (tag 16), wherein each wireless sensor is configured to acquire measured values [0019] on a state of the object connected to the sensor (i.e. temperature sensed) [0073], and to transmit state data on the state of the object to the transceiver over a short-range link 18 [0087], (FIG.2 – clearly shows wireless communication is possible from sensors to antennas and servers) wherein the transceiver is configured: to receive the state data from the wireless sensors; (FIG.2) [0085-0086] (by 18) to transmit the state data to the analysis unit, (FIG.2) [0085-0086] (by way of 118). wherein the position detector are configured to detect a position of the transceiver, [0083] wherein the transceiver is configured to transmit information on the differences and/or on the state data to the server via a long-range link 30, [0114] (FIG.1 – implicitly a server for a cargo tracking system would receive and process data received) wherein the server is configured to display 34 (FIG.1) to a user and/or to store in a database, information on the differences and on the position (i.e. implicitly server 34 includes monitor which can display any desired information for tracking purposes). However, KRAFT fails to explicitly disclose: wherein the analysis unit is configured: to compare with each other items of transmitted state data; to identify differences in the state data of one or more wireless sensors from one or more other wireless sensors. ZANNIER teaches (abstract) in a related field of invention (i.e. system for object detection), the function of comparison of sensed data [0003] wherein the system monitors for sensor input data by monitoring image data from each sensor, from among various sensors, to identify differences in the data of one or more sensors from one or more other sensors, to determine a change of data for the process of object matching [0046]. The prior art of ZANNIER teaches the known technique of analyzing sensor data to compare with each other items of transmitted state data and to identify differences in the state data of one or more wireless sensors from one or more other wireless sensors. A person of ordinary skill in the art would have recognized that applying the known technique of comparing received sensor data from different sensors to assist in object matching could help identify object changes and to determine the different types or states, conditions of such objects with tags, such as changes due to movement, damage, positioning, humidity, temperature, acceleration rate(s), shocks, and/or other types of information, for the purpose of determining the condition of objects tagged. Claim 2, KRAFT discloses (FIG.2) the system of Claim 1, wherein the position detector is a GPS sensor, which detects the position of the transceiver. Claim 3, KRAFT discloses [0012-0013] the system of Claim 1, wherein the position detector is configured to derive the position of the transceiver from a mobile communications cell in which the transceiver is located. Claim 5, KRAFT discloses [0019] the system of Claim 1, wherein the state data comprises acceleration data (i.e. acceleration data could include some form of orientation), from which orientations and/or changes in orientation of the objects can be determined. Claim 6, KRAFT discloses [0015] the system of Claim 1, wherein the state data can acquire information on a state of packaging containing the objects. Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over KRAFT (US 20100076902 A1) in view of ZANNIER et al. (US 20160316113 A1) further in view of LEE et al. (KR 20140072771 A). However, KRAFT as modified by ZANNIER fails to explicitly disclose: the system of Claim 1, wherein the wireless sensors are configured to send advertising data packets, which comprise associated unique identifier and associated state data, and wherein the transceiver is configured to receive the advertising data packets and to extract the unique identifiers and the state data from the advertising data packets. LEE teaches (abstract) in similar field of invention, communication functions between sensor device and portable terminal, wherein a sensor device placed on a tag transmits associated unique identifier data within advertising data packets, such that portable terminal can receive such data packets including both unique identifier and sensor collected data and extract such relevant data as needed. Meanwhile, the portable terminal 100 according to an embodiment of the present invention may receive identification information and sensing information of a sensor-based BLE device in the form of an advertising packet. For example, when the sensor-based BLE device is a blue tag including a temperature sensor, the portable terminal 100 may use a universally unique identifier (UUID) field of an advertising packet or a sensor-based (E.g., 'SAMSUNG_Temp_TAG001_blue') of the BLE device. Also, the portable terminal 100 may receive the sensing information inserted in the MSD (manufacturer specific data) field of the advertising packet (for example, '0X06000024' when the current temperature measured by the temperature sensor is 36 ° C). As shown in FIG. 34 (a), the temperature sensor-based BLE device 3410 can be attached to a bottle to sense temperature information of the bottle. The temperature sensor-based BLE device 3410 may broadcast sensed temperature information and identification information (e.g., BLE_Temp_001) in the form of Advertising data packets. For example, the temperature sensor based BLE device 3410 inserts temperature information into a manufacturer specific data (MSD) field and stores identification information (e.g., BLE_Temp_001) in a universally unique identifier (UUID) field or a manufacturer specific data (MSD) Field so that the temperature information and the identification information can be broadcasted. At this time, the portable terminal 100 according to an embodiment of the present invention may receive identification information and motion information of the motion sensor-based BLE device in the form of an advertising packet. For example, the mobile terminal 100 may receive identification information of a motion sensor-based BLE device inserted in a universally unique identifier (UUID) field of an advertising packet or a manufacturer specific data (MSD) field. Also, the mobile terminal 100 may receive motion information inserted in a manufacturer specific data (MSD) field of an advertising packet. The prior art of LEE clearly teaches the known technique of a sensor sending advertising data packets, comprising associated unique identifier and associated state data. A person of ordinary skill in the art would have recognized that applying the known technique of transmitting unique identifier and state data from a sensor device, such that a receiving device would be able to extract such data needed, would yield predictable results and would have improved the ability for the system to identify the specific sensor and specific corresponding data during operation. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. 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 CARLOS E GARCIA whose telephone number is (571)270-1354. The examiner can normally be reached M-Th 9-6pm F 9-5pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Zimmerman can be reached at (571) 272-3059. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. CARLOS E. GARCIA Primary Examiner Art Unit 2686 /Carlos Garcia/Primary Examiner, Art Unit 2686 11/7/2025
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Prosecution Timeline

Feb 16, 2022
Application Filed
Jun 03, 2025
Applicant Interview (Telephonic)
Jun 03, 2025
Examiner Interview Summary
Jun 08, 2025
Non-Final Rejection — §103
Oct 28, 2025
Response Filed
Nov 07, 2025
Final Rejection — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
77%
Grant Probability
94%
With Interview (+16.8%)
2y 2m
Median Time to Grant
Moderate
PTA Risk
Based on 889 resolved cases by this examiner. Grant probability derived from career allow rate.

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