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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/05/2025 has been entered.
Claim Status
Claims 1-3, 7-15, 19, 25 and 27-30 are pending for examination.
Response to Arguments
Applicant's arguments filed 11/10/2025 have been fully considered.
In response to “Claim Rejections – 35 U.S.C § 102”, Russell appears to teach the newly amended limitation “determining a dynamicity parameter indicating an extent of environment dynamicity for of the environment of the first user device based on motion properties of one or more mobile user devices, other than the first user device, located in the vicinity of the first user device, wherein the motion properties have been gathered over a period of time”.
Russell teaches that the portable communication device 100 (analogous to “first user device”) determines contextual information (analogous to “dynamicity parameter”) gathered from location services 106, RAN 108, small coverage area device 110 and sensors 112 to determine whether the portable communication device has transitioned between indoor and outdoor environment or vice versa. Based on this determination, the portable communication device adjusts its operational mode in accordance with the detected transition.
Figure 2 of Russell illustrates a watch 100’ which functions as one of the sensors 112 (see para [0025]). The watch 100’ is worn by the user carrying the portable communication device and is configured to indicate whether the user is walking or running based on the motion data and rate of movement collected over a period of time. In other words, the watch 100’ is located in the vicinity of the portable communication device 110, and the “rate of movement” is mathematically determined by calculating differences in movement over a specific period of time.
Accordingly, applicant’s amendment and arguments don’t appear to overcome Russell, and the rejection is maintained.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-3, 7-15, 19, 25 and 27-30 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Russell (Pub. No.: US 2015/0097731 A1).
Regarding claim 1, Russell teaches a method for performing localisation of a first user device comprising an environment sensor, the method being performed in a localisation determiner (Abstract, Fig. 2, the portable device 100 includes a number of sensors 112 to perform indoor/outdoor detection) and comprising the steps of:
determining a dynamicity parameter indicating an extent of environment dynamicity of the environment of the first user device based on motion properties of one or more mobile user device (Fig. 2, watch 100’), other than the first device, located in the vicinity of the first user device, wherein the motion properties have been gathered over a period of time (Fig. 2, Fig. 6 steps 602-606, para [0071], “FIG. 6 illustrates a method 600 for determining indoor or outdoor location of a portable communication device 100 (FIG. 1). The communication mechanism 104 measures signal strength 126 of at least one of a location service signal 128, a RAN signal 130, and a small coverage area signal 132 that is detectable within a current 134 location of the portable communication device 100 (block 602). In an exemplary aspect for a location service, measuring signal strength includes determining a number of sources that are receivable or visible based on a respective magnitude of each detectable location service signal (block 603). The indoor/outdoor detection utility 124 compares the signal strength 126 to a corresponding pre-established signal strength threshold 136 (block 604). The indoor/outdoor detection utility 124 obtains contextual information 116 by accessing sensor data 114 from at least one sensor 112 selected based on a result of the comparing (block 606). A determination is made as to whether the contextual information 116 confirms a transition that is suggested by the comparison of the signal strength 126 to the pre-established signal strength threshold 136 (block 608).” and Fig. 3, Fig. 4, para [0025] and para [0051] “In Context D, the portable communication device 100 is in a current location 134d that is outside of the structure 142a, in the outdoor space 120a and is being carried by user 301. Sensor data from a multifunction, networked watch 100' can indicate that motion or cardiovascular indications are that the user 301 is walking or running at a rate that indicates a transition from indoor to outdoor. The timing of a handover or of accessing more accurate outside location services can be based upon a determined rate of movement of the user 301.”. The portable device 100 receives dynamic parameter from steps 602-606 to determine whether the user has transitioned from an indoor environment to an outdoor environment or vice vera. The dynamic parameter includes a combination of signal strength from multiple services at step 602, the number of sources at step 603 and the data from surrounding sensors 112 at step 606. The data from surrounding sensors includes motion data from the user’s watch 100’ that indicates to the user’s communication device 100 that the user has transitioned from indoor to outdoor. The rate of movement is determined based on movements gathered over a period of time.);
determining whether the dynamicity parameter indicates that the first user device is in a dynamic environment (Fig. 6, step 608, para [0051] the movements of the watch indicate whether the user has transitioned from indoor to outdoor); and
as a result of determining that the dynamicity parameter indicates that the first user device is in a dynamic environment, triggering localisation to occur using localisation procedures of a cellular network to which the first user device is connected (Fig, 6 steps 610-612, para [0069], “Similarly, as depicted at 520 the portable communication device 100 can encounter a hard handover from indoor operating state 516 to the outdoor operating state 512 going from a small coverage area device to a cellular RAN.”. If the portable device detects a high number of cellular RAN networks, the signal strengths from the cellular RAN networks are strong and the data of the watch indicates movement, then the portable device switches to outdoor location service at step 512); or
as a result of determining that the dynamicity parameter indicates that the first user device is not in a dynamic environment, triggering localisation to occur using at least one environment sensor of the first user device (Fig, 6 steps 610-612, para [0062], “Context G can be described as in the office building. In the specific example, the data structure 400 can support this determination based upon cellular RAN being a weak, steady signal with little reception inside of a multi-floor building. Alternatively, some indoor spaces can include internal antennas or repeaters that compensate for attenuation of cellular signals by building materials which the portable communication device can learn for a particular location. GPS can have a very low strength with a steady/fading number of visible/receivable signals from SVs. The presence of multiple MAC addresses and the same SSID can indicate a work space. Dead reckoning sensor can confirm walking and sitting within a space corresponding to the work location. Contextual sensors could confirm temperature and lighting consistent with a work space. Contextual information can further confirm work hours and work location.”. If the portable device detects a low number of cellular RAN networks, the signal strengths from the cellular RAN networks are weak and the data of the watch indicates sitting, then the portable device switches to indoor location service at step 516.).
Regarding claim 2, Russell teaches the method of claim 1, wherein the step of determining the dynamicity parameter comprises determining the dynamicity parameter based on data received from a cellular network to which the first user device is connected (para [0004], “Certain multimode portable communication devices can access small coverage area devices or systems, such as WiFi devices and cellular femtocells, when indoors and can access wireless wide area networks (WWAN), such as cellular radio access networks (RAN), when outdoors. Configuring the portable communication device for efficient power consumption, data service, and location service functionality can thus depend on accurately determining whether the device is in an indoor space or an outdoor space.” and para [0031], “Conversely, the location service 106 and RAN 108 each has a relatively strong signal outside of the structure 142 in the outdoor space 120 and have weaker signal within the structure 142 in the indoor space 118.”. The portable device receives signal strength from the cellular RAN 108 to determine whether it is located inside or outside).
Regarding claim 3, Russell teaches the method of claim1, wherein the step of determining when the dynamicity parameter indicates that the first user device is in a dynamic environment is based on comparing the dynamicity parameter with a threshold value (Fig. 6, step 603, para [0027], “compare the number of signal sources to a threshold minimum number required for a clear signal (e.g., with GNSS satellites whose visibility to the portable communication device 100 can vary based on the portable communication device being indoors or outdoors);” and para [0051] “In Context D, the portable communication device 100 is in a current location 134d that is outside of the structure 142a, in the outdoor space 120a and is being carried by user 301. Sensor data from a multifunction, networked watch 100' can indicate that motion or cardiovascular indications are that the user 301 is walking or running at a rate that indicates a transition from indoor to outdoor. The timing of a handover or of accessing more accurate outside location services can be based upon a determined rate of movement of the user 301.”. The portable device compares the number of signal sources to a threshold minimum number and the rate of movement with a threshold to transition between indoor or outdoor mode).
Regarding claim 7, Russell teaches the method of claim 1, wherein the step of determining a dynamicity parameter comprises determining the dynamicity parameter based on multiple corresponding input parameters collected over time (para [0051] “In Context D, the portable communication device 100 is in a current location 134d that is outside of the structure 142a, in the outdoor space 120a and is being carried by user 301. Sensor data from a multifunction, networked watch 100' can indicate that motion or cardiovascular indications are that the user 301 is walking or running at a rate that indicates a transition from indoor to outdoor. The timing of a handover or of accessing more accurate outside location services can be based upon a determined rate of movement of the user 301.”. The rate of movement is determined based on the movements collected over a period of time.).
Regarding claim 8, Russell teaches the method of claim 1, wherein the step of determining a dynamicity parameter comprises determining the dynamicity parameter based on a prediction of movement of the first user device (para [0073], “As another example, the indoor/outdoor detection utility 124 configures the portable communication device 100 to access the sensor data 114 that includes motion data from an on-device sensor. The indoor/outdoor detection utility 124 determines that the portable communication device 100 is transitioning based upon identifying using pre-established transition data analysis that a trajectory of the motion data indicates one of transitioning from indoor-to-outdoor and outdoor-to-indoor.”. The trajectory of motion allows the portable device to predict an upcoming transition from indoor-to-outdoor or outdoor-to-indoor.).
Regarding claim 9, Russell teaches the method ofclaim1, wherein the step of triggering localisation to occur using localisation procedures of a cellular network comprises controlling radio communication in the cellular network to improve localisation of the first user device using the cellular network (Fig, 6 steps 610-612, para [0069], “Similarly, as depicted at 520 the portable communication device 100 can encounter a hard handover from indoor operating state 516 to the outdoor operating state 512 going from a small coverage area device to a cellular RAN.”. The portable device turns on its communication circuity to control communication with the cellular RAN network).
Regarding claim 10, Russell teaches the method of claim 1, wherein the step of triggering localisation to occur using localisation procedures of a cellular network comprises determining a relative location between the first user device and a second user device, wherein the second user device is localised using at least one environment sensor of the second user device (Fig. 2, sensors 112’ and watch 110’, para [0051], “In Context D, the portable communication device 100 is in a current location 134d that is outside of the structure 142a, in the outdoor space 120a and is being carried by user 301. Sensor data from a multifunction, networked watch 100' can indicate that motion or cardiovascular indications are that the user 301 is walking or running at a rate that indicates a transition from indoor to outdoor. The timing of a handover or of accessing more accurate outside location services can be based upon a determined rate of movement of the user 301.” The portable device 100 determines the sensors 112’ and watch 100’ are within communication distance based the portable device is able to receive data for the sensors and watch. The sensors and watch are localized to the portable device by using their transceiver to communicate with the portable device.).
Regarding claim 11, Russell teaches the method of claim 1, wherein the step of triggering localisation to occur using at least one environment sensor of the first user device comprises providing data on dynamicity of different regions to the first user device (Fig. 2, contextual sensors 112a are configured to receive data surrounding the portable device.).
Regarding claim 12, Russell teaches the method of claim 1, wherein the environment sensor is a visual sensor (Fig. 2, camera 241).
Regarding claim 13, recites a localisation determiner configured to perform the method of claim 1. Therefore, it is rejected for the same reason.
Regarding claim 14, recites a localisation determiner configured to perform the method of claim 2. Therefore, it is rejected for the same reason.
Regarding claim 15, recites a localisation determiner configured to perform the method of claim 3. Therefore, it is rejected for the same reason.
Regarding claim 19, recites a localisation determiner configured to perform the method of claim 7. Therefore, it is rejected for the same reason.
Regarding claim 25, recites a computer readable medium storing instruction to perform the method of claim 1. Therefore, it is rejected for the same reason.
Regarding claim 27, Russell teaches the method of claim 1, wherein the step of determining a dynamicity parameter comprises determining the dynamicity parameter based on a current number of user devices in the vicinity of the first user device (Fig. 3, para [0068], “In one or more embodiments, a determination can be made as to whether the number of detected SSIDs (Service Set Identification) is greater than five (5) and the SSID is repeated for multiple MAC (Medium Access Control) addresses. For example, a determination can be made whether an SSID is repeated for multiple MAC addresses on multiple frequencies because the default on many residential routers is on channel 6 with a default SSID. If the criteria for number of detected SSIDs is more than five (5) and the SSID is repeated for multiple MAC addresses, then portable communication device 100 can be deemed to be within an indoor enterprise such as a work facility.”. The portable device determines the user is located indoor if it detects the number of routers is more than a threshold.).
Regarding claim 28, Russell teaches the method of claim 1, wherein the step of determining a dynamicity parameter comprises determining the dynamicity parameter based on motion properties of the first user device (Fig. 1, para [0073], “As another example, the indoor/outdoor detection utility 124 configures the portable communication device 100 to access the sensor data 114 that includes motion data from an on-device sensor. The indoor/outdoor detection utility 124 determines that the portable communication device 100 is transitioning based upon identifying using pre-established transition data analysis that a trajectory of the motion data indicates one of transitioning from indoor-to-outdoor and outdoor-to-indoor.”. The trajectory of motion allows the portable device to predict an upcoming transition from indoor-to-outdoor or outdoor-to-indoor.).
Regarding claim 29, recites a localisation determiner configured to perform the method of claim 27. Therefore, it is rejected for the same reason.
Regarding claim 30, recites a localisation determiner configured to perform the method of claim 28. Therefore, it is rejected for the same reason.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZHEN Y WU whose telephone number is (571)272-5711. The examiner can normally be reached Monday-Friday, 10AM-6PM, EST.
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, Quan-Zhen Wang can be reached at 571-272-3114. 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.
/ZHEN Y WU/Primary Examiner, Art Unit 2685