DETAILED ACTION
Response to Arguments
1. Applicant's arguments filed have been fully considered but they are not persuasive. Applicant states (see page 1 of the Remarks) “The Office Action then relies on Daoura as allegedly disclosing a housing including "a clip member or a strap bracket (Fig. 1C, element 17a, as disclosed in sections 0040 and 0046) attached to or monolithically formed into an outer surface of the front housing portion or an outer surface of the rear housing portion (as shown in Figs. 1C, element 11) and configured to receive a strap or lanyard (cord or chain as disclosed in section 0040)." Office Action, pages 4-5. The Office Action, pointing to element 17a and Fig. 1C as described in paragraphs [0040] and [0046] equates the hole 17 to Applicant's claimed "strap bracket". As described in Applicant's Response to the Non-Final Office Action filed June 23, 2025, which is incorporated herein by reference, a hole is not a bracket. Such that the hole 17 described in Daoura is not and cannot be Applicant's "strap bracket having at least one first portion that is attached to or monolithically formed into an outer surface of the front housing portion or an outer surface of the rear housing portion, at least one second portion spaced from the outer surface of the front housing portion or the outer surface of the rear housing portion, such that the at least one first portion and at least one second portion are configured to receive a strap or lanyard" as recited in claim 1. Moreover, Daoura's hole 17 is not and cannot be functionally and structurally equivalent to Applicant's claimed "strap bracket.”
However, it is the understanding of the Examiner that Daoura et al. (US 2020/0169848) discloses a strap bracket (see Fig. 1A, 17) having at least one portion (Fig. 1C, 17a) that is attached or monolithically formed into an outer surface of the front housing portion or an outer surface of the rear housing portion (Fig. 1C, element 11), at least one second portion (see Fig. 1C, 17c) spaced from the outer surface of the front housing portion (Fig. 1C, element 16) of the outer surface of the rear housing portion, such that the at least one first portion and at least one second portion are configured to receive a strap or lanyard (cord or chain as disclosed in section 0040). Furthermore, the Applicant states Daoura et al. discloses a “hole” and not a “bracket”. However, it is the understanding of the Examiner that the terminology used to describe this element is inconsequential to patentability since the “hole” of Daoura et al. (Fig. 1C, 17a) is functionally and structurally equivalent to the strap bracket (Fig. 16, element 62) disclosed in the instant specification and recited in the claims, as disclosed above. Therefore, based on the above disclosure, these limitations are not patentable over the prior art.
Claim Rejections - 35 USC § 103
2. 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.
3. Claims 1, 2, 5, 8, 9, 10, 12, 15-18, 23, and 25 are rejected under 35 U.S.C. 103 as being unpatentable over McNamara et al. (previously cited in Office Action 1/30/2024) in view of Daoura et al. (previously cited in Office Action 12/23/2024).
Regarding claim 1, McNamara et al. discloses a mobile proximity device (Fig. 5, element badge, mobile or wearable device as disclosed in section 0090) comprising:
a UWB detector circuit (UWB transceiver as disclosed in section 0090) within the at least one cavity, the UWB detector circuit being configured to receive signals from at least one other mobile proximity device (as disclosed in section 0091) and for calculating a distance between the mobile proximity device and the at least one other mobile proximity device (other detected badge transceivers as disclosed in section 0092).
McNamara et al. further discloses detecting when the distance between the mobile proximity device and the at least one other mobile proximity device is calculated to be within a predetermined distance (as disclosed in sections 0093 and 0107-0108) and providing an indicator of the detection; however, McNamara does not specifically disclose the indicator is used to provide at least an audible, haptic or visual indication based on the detection. McNamara further does not specifically disclose the device comprises a housing having a front housing portion removably connected to a rear housing portion and at least one cavity for receiving internal components, the housing including: a clip member attached to or monolithically formed into an outer surface of the front housing portion or an outer surface of the rear housing portion, the clip member including a mounting bracket and a clip configured to be releasably attached the mobile proximity device to a wearer, or a strap bracket having at least on first portion that is attached to or monolithically formed into an outer surface of the front housing portion or an outer surface of the rear housing portion, at least one second portion spaced from the outer surface of the front housing portion or the outer surface of the rear housing portion, [[and]] such that the at least one first portion and at least one second portion are configured to receive a strap or lanyard
However, Daoura et al. also discloses proximity-based contact tracing using a mobile proximity device (tracking device as disclosed in Figs. 1A-1D, sections 0082-0083) which includes at least one indicator (see sections 0008 and 0059-006-0) used to provide at least an audible, haptic or visual indication (as disclosed in section 0059) when the distance between the mobile proximity device and at least one other mobile proximity device is calculated to be within a predetermined distance (such as 10-15 feet). Daoura et al. further discloses the device comprises a housing (see Fig. 1C-1D) having a front housing portion removably connected to a rear housing portion (see elements 11 and 16, sections 0040-0041) and at least one cavity for receiving internal components, housing including: a clip member attached to or monolithically formed into the front housing portion or the rear housing portion, the clip member including a mounting bracket and a clip configured to be releasably attached the mobile proximity device to a wearer, or a strap bracket (see Fig. 1A, 17) having at least one portion (Fig. 1C, 17a) that is attached or monolithically formed into an outer surface of the front housing portion or an outer surface of the rear housing portion (Fig. 1C, element 11), at least one second portion (see Fig. 1C, 17c) spaced from the outer surface of the front housing portion (Fig. 1C, element 16) of the outer surface of the rear housing portion, such that the at least one first portion and at least one second portion are configured to receive a strap or lanyard (cord or chain as disclosed in section 0040). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to modify the proximity device of McNamara et al. with the indicator and housing as disclosed by Daoura et al. since Daoura et al. discloses the indicator and housing conserve power and space (see sections 0009-0010).
Regarding claim 2, McNamara et al. discloses the predetermined distance is between about 1 foot and about 10 feet (2 meters as disclosed in section 0093).
Regarding claim 5, Daoura et al. further discloses the housing (see Fig. 1A) is a sealed housing. It would have been obvious to one skilled in the art to include this feature since Daoura et al. discloses the housing conserves space (see sections 0009-0010).
Regarding claim 8, McNamara et al. discloses a controller circuit within the housing logs (in a contact tracing database as disclosed in sections 0107-0108) each instance where the distance between the mobile proximity device and the at least one other mobile proximity device is calculated to be within the predetermined distance (social distance rule breach as disclosed in sections 0107-0108).
Regarding claims 9, 10, 12, and 15, the claim device includes subject matter corresponding to the above rejection of claims 1, 2, 5, and 8, which is applicable hereto.
Regarding claim 16, McNamara et al. discloses a proximity detection system comprising:
a plurality of mobile proximity devices (see Fig. 5, elements 501), each of the mobile proximity devices includes:
a UWB detector circuit (UWB transceiver as disclosed in section 0090) within the at least one cavity, the UWB detector circuit being configured to receive signals from at least one other mobile proximity device (as disclosed in section 0091) and for calculating a distance between the mobile proximity device and the at least one other mobile proximity device (other detected badge transceivers as disclosed in section 0092);
at least one access point (stationary transceiver as disclosed in section 0092) configured to wirelessly communicate with each of the plurality of mobile proximity devices such that each of the plurality of mobile proximity devices transmit to the at least one access point each detected proximity event (distance measurement and timestamp as disclosed in section 0092); and
at least one administrative system (infection risk management system as disclosed in section 0092) configured to wirelessly communicate with the at least one access point (stationary transceiver) such that the at least one access point transmits to the at least one administrative system each detected proximity event (as disclosed in section 0092).
McNamara et al. further discloses detecting when the distance between the mobile proximity device and the at least one other mobile proximity device is calculated to be within a predetermined distance (as disclosed in sections 0093 and 0107-0108) and providing an indicator of the detection. However, McNamara does not specifically disclose the indicator is used to provide at least an audible, haptic or visual indication based on the detection. McNamara further does not specifically disclose each device comprises a housing having a front housing portion removably connected to a rear housing portion and at least one cavity for receiving internal components, housing including: a clip member attached to or monolithically formed into an outer surface of the front housing portion or an outer surface of the rear housing portion, the clip member including a mounting bracket and a clip configured to be releasably attached the mobile proximity device to a wearer, or a strap bracket having at least on first portion that is attached to or monolithically formed into an outer surface of the front housing portion or an outer surface of the rear housing portion, at least one second portion spaced from the outer surface of the front housing portion or the outer surface of the rear housing portion, [[and]] such that the at least one first portion and at least one second portion are configured to receive a strap or lanyard
However, Daoura et al. also discloses proximity-based contact tracing using a mobile proximity device (tracking device as disclosed in Figs. 1A-1D, sections 0082-0083) which includes at least one indicator (see sections 0008 and 0059-006-0) used to provide at least an audible, haptic or visual indication (as disclosed in section 0059) when the distance between the mobile proximity device and at least one other mobile proximity device is calculated to be within a predetermined distance (such as 10-15 feet). Daoura et al. further discloses the device comprises a housing (see Fig. 1C-1D) having a front housing portion removably connected to a rear housing portion (see elements 11 and 16, sections 0040-0041) and at least one cavity for receiving internal components, housing including: a clip member attached to or monolithically formed into an outer surface of the front housing portion or an outer surface of the rear housing portion, the clip member including a mounting bracket and a clip configured to be releasably attached the mobile proximity device to a wearer, or a strap bracket (see Fig. 1A, 17) having at least one portion (Fig. 1C, 17a) that is attached or monolithically formed into an outer surface of the front housing portion or an outer surface of the rear housing portion (Fig. 1C, element 11), at least one second portion (see Fig. 1C, 17c) spaced from the outer surface of the front housing portion (Fig. 1C, element 16) of the outer surface of the rear housing portion, such that the at least one first portion and at least one second portion are configured to receive a strap or lanyard (cord or chain as disclosed in section 0040).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to modify the proximity device of McNamara et al. with the indicator and housing as disclosed by Daoura et al. since Daoura et al. discloses the indicator and housing conserve power and space (see sections 0009-0010).
Regarding claim 17, McNamara et al. discloses the at least one access point comprises a wi-fi access point (see section 0077).
Regarding claims 18, McNamara et al. discloses the predetermined distance is between about 1 foot and about 10 feet (2 meters as disclosed in section 0093).
Regarding claim 23, McNamara et al. discloses a controller circuit within the housing logs (in a contact tracing database as disclosed in sections 0107-0108) each instance where the distance between the mobile proximity device and the at least one other mobile proximity device is calculated to be within the predetermined distance (social distance rule breach as disclosed in sections 0107-0108).
Regarding claim 25, McNamara et al. discloses each of the plurality of mobile proximity devices are configured to allow a wearer to access to controlled areas, facilities, or equipment (as disclosed in section 0077).
4. Claims 6, 7, 13, 14, 21, 22, and 24 are rejected under 35 U.S.C. 103 as being unpatentable over McNamara et al. (previously cited in Office Action 1/30/2024) in view of Daoura et al. (previously cited in Office Action 12/23/2024), and in further view of Tabor et al. (previously cited in Office Action 1/30/2024).
Regarding claims 6, 7, 13, 14, 21, and 22, McNamara et al. and Daoura et al. do not specifically disclose the UWB detector circuit may be selectively enabled or powered according to a predefined schedule. McNamara et al. and Daoura et al. also do not specifically disclose accelerometer circuitry to detect if the mobile proximity device is moving or stationary, and when the accelerometer circuitry detects that the proximity device is stationary the mobile proximity device operates in a low power state, and when the accelerometer circuitry detects that the proximity device is moving the mobile proximity device operates in a normal operating state performing calculations of the distance between the mobile proximity device and the at least one other mobile proximity device.
However, Tabor et al. discloses a UWB detector circuit (proximity monitor as disclosed in sections 0053-0055) may be selectively enabled or powered according to a predefined schedule (monitoring time intervals as disclosed in section 0055). Tabor et al. further discloses accelerometer circuitry (orientation sensor including an accelerometer as disclosed in section 0022) to detect if the mobile proximity device is moving or stationary (as disclosed in section 0048), and when the accelerometer circuitry detects that the proximity device is stationary (sitting or standing as disclosed in section 0055) the mobile proximity device operates in a low power state (reduced power and traffic consumption as disclosed in section 0055), and when the accelerometer circuitry detects that the proximity device is moving (as disclosed in sections 0048-0049) the mobile proximity device operates in a normal operating state performing calculations of the distance between the mobile proximity device and the at least one other mobile proximity device (estimation of the time in which the proximity threshold will be violated as disclosed in section 0049). Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the present invention to modify the device of McNamara et al. and Daoura et al. to include these features since Tabor et al. discloses these features reduces traffic and power consumption (see section 0055).
Regarding claim 24, McNamara et al. and Daoura et al. do not specifically disclose each of the plurality of mobile proximity devices periodically receive commands from the administrative system through at least one access point. However, Tabor et al. discloses each of a plurality of mobile proximity devices (proximity monitors as disclosed in section 0029) periodically receive commands (enabling/disabling tracking as disclosed in section 0021) from an administrative system (proximity logging unit as disclosed in sections 0019 and 0029) through at least one access point (stationary reference point as disclosed in section 0021). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to modify the proximity device system of McNamara et al. and Daoura et al. with this feature as disclosed by Tabor et al. since Tabor et al. discloses enabling/disabling tracking during stationary periods can reduce traffic and power consumption (see section 0055).
Conclusion
5. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CURTIS B ODOM whose telephone number is (571)272-3046. The examiner can normally be reached 8-5.
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/CURTIS B ODOM/Primary Examiner, Art Unit 2631 February 2, 2026