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 .
This communication is in response to amendments filed on 01/16/2024.
In the application claims 1, 5-10, 21-23, and 25-28 are pending. Claims 2-4, 11-20, and 24 have been canceled. Claims 21-23 are withdrawn from consideration as being directed to a non-elected invention [reading device]. See 37 CFR 1.142(b) and MPEP § 821.03.
Applicant’s arguments with respect to the traversal of restriction were fully considered; however, the arguments are not persuasive. Application argues, claim 21-23 comprises structural and functional relationships that further clarify the invention recited in the originally presented claims.” However, the claimed subject matter claiming an embodiment that comprises a “reading device that is separate from … the client device” that was never introduced in the original presentation. Applicant fails to show the claimed “reading device” in the originally presented embodiment. Since applicant has received an action on the merits for the originally presented invention [directed to audible instructions], this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claims 21-23 withdrawn from consideration as being directed to a non-elected invention [reading device]. See 37 CFR 1.142(b) and MPEP § 821.03. Restriction is made Final.
Applicant’s arguments with respect to claims 1, 5-10 21-23, and 25-28 were fully considered; however, the amendment raises new matter issue. Applicant states, Said does not disclose the features of claims 1 and 5-10 as amended. Specifically, the Office has not identified any disclosure in Said of ‘determining based on the first electronic communication that the user is at a first point on the path at which no voice-based instruction from the set of navigation instructions is to be issued’ as required by the claims.” Examiner agrees with Applicant’s arguments; however, examiner was unable to find the support in the specification for the claimed limitation.
Election/Restrictions
Claims 21-23 are directed to an invention that is independent or distinct from the invention originally claimed for the following reasons:
Original claims were directed to:
1. (Original ) A method comprising:
sending, to a remote server, information identifying a first location within a building;
receiving, from the remote server in response to the sending, data comprising a plurality of unique identifiers, each unique identifier of the plurality of unique identifiers corresponding to a unique radio tag located in a unique location within the building; and
using the data to deliver to a user a first series of audible commands guiding the user within the building toward the first location.
2. (Original) The method of claim 1, further comprising receiving a first radio transmission from a first radio tag located within the building.
3. (Original) The method of claim 2, wherein: the first radio transmission communicates a first identifier; and the first radio tag is a passive RFID tag, an active RFID tag, or a radio beacon.
4. (Original) The method of claim 3, wherein: the first identifier is associated within the data to first navigation information; and the using comprises using the first navigation information to guide the user within the building toward the first location.
11 (Original) A system comprising:
at least one processor;
memory operably connected to the at least one processor; and
the memory storing data comprising
a plurality of unique identifiers, each unique identifier of the plurality of unique identifiers corresponding to a unique radio tag located in a unique location within a building, and
one or more attributes for the each unique identifier, the one or more attributes characterizing the unique location within the building at which the unique radio tag corresponding to the each unique identifier is located.
Newly, presented claims are claiming an embodiment that comprises not only audible instructions to guide the visually impaired within a building but a “reading device that is separate from … the client device” that was never introduced in the original presentation. These independent inventions are a combination/subcombination useable together.
21. (Withdrawn) The method of claim 1, wherein the receiving the first electronic communication comprises receiving the first electronic communication from a reading device that is separate from and in wireless communication with the client device.
22. (Withdrawn) The method of claim 21, wherein the reading device is an active reading device comprising a power source and is configured to transmit an interrogator signal.
23. (Withdrawn) The method of claim 22, wherein the reading device is configured as a cane.
Since applicant has received an action on the merits for the originally presented invention [directed to audible instructions], this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claims 21-23 withdrawn from consideration as being directed to a non-elected invention [reading device]. See 37 CFR 1.142(b) and MPEP § 821.03. Restriction is made Final.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1, 5-10, and 25-28 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 1 and 25 recite, “receiving, by the client device after the generating, a first electronic communication encoding the first unique identifier and determining based on the first electronic communication that the user is at a first point on the path at which no voice-based instruction from the set of navigation instructions is to be issued.” Specification states, “a client device 16 to determine when it is appropriate or necessary to issue a next instruction from the navigation instruction set. For example, when a user 12 draws near a particular radio tag 18, a client device 16 may determine that it is time to issue a command to 'turn left and walk ten paces down the hall' or the like.’” This only have support for “client device 16 to determine when it is appropriate or necessary to issue a next instruction from the navigation instruction set.” No example have been disclosed in the specification that shows that applicant had possession of: when a user 12 draws near a particular radio tag 18, a client device 16 may determine no voice-based instruction from the set of navigation instructions is to be issued. Therefore, specification fails to show that Applicant has possession of “determining based on the first electronic communication that the user is at a first point on the path at which no voice-based instruction from the set of navigation instructions is to be issued.” Please point to the section of the specification that show that inventors had the possession of the claimed invention.
Claims 5-10, and 26-28 are rejected by the virtue of their dependency.
Prior Art
Newly found prior art:
Chipouras, John et al. (US 2020/0141756 A1) teaches, “providing selective voice guidance to a user of a mobile navigation device… as helpful as voice guidance can be in certain situations, voice guidance may also be perceived by users as redundant, unnecessary, and even irritating in other situations… when returning home from an unfamiliar place, the user may appreciate assistance navigating from the unfamiliar place onto a familiar highway, but may not need or want to be verbally instructed thereafter (e.g., when to exit the highway, how to navigate from the highway exit back home, etc.).” See ¶ 0013, Chipouras teaches, “selective voice guidance to facilitate convenient navigation while reducing unnecessary and/or annoying voice guidance as a user navigates a route that includes segments the user is already familiar with.” See ¶ 0014, Chipouras teaches, “automatically determine geography of a domain of navigational proficiency with which the user seems to be familiar and/or within which the user has demonstrated proficiency in navigating without assistance. Based on this determination, the systems described herein may offer voice and/or other types of navigational guidance within this domain at a diminished guidance level (e.g., no guidance, abbreviated guidance, lower volume or intensity guidance, differently styled guidance, etc.), while still providing full comprehensive guidance elsewhere… the geospatial navigation methods and systems described herein help reduce, minimize, and/or prevent such annoyances and inconveniences by providing selective voice guidance to the user.” See ¶ 0021.
Nishibashi, Kumi et al. (US 2013/0103304 A1) teaches, “provided a navigation device including: a map data acquiring unit for acquiring map data in which a road in which entrance and exit between a special lane which is a part of a plurality of lanes and a normal lane which is a remaining one of the plurality of lanes are permitted only in a predetermined permitted section is defined by a single link” See ¶ 0007, “When the vehicle reaches a lane changing permitted section while traveling in a normal lane running parallel with an HOV lane, the navigation device provides guidance on entrance into the HOV lane, and, when the user makes a setting showing that the user has entered the HOV lane according to this guidance, the control part prevents not only the guidance on entrance into the HOV lane but also guidance on exit from the HOV lane from being provided. Thus, immediately after the user has exited or entered an HOV lane, the navigation device can prevent any unnecessary guidance from being repeatedly provided.” See ¶ 0189.
Previously cited Said teaches, “central system 20 may be a server including software instructions 27 run by a controller 24 that may communicate with mobile devices 100 through the Internet 30.” See ¶ 0058. Said teaches, “user may speak the destination to the system… [t]he user may select or speak a selection of the destination” See ¶ 0022.
Said teaches, “Each beacon may include a unique identifier that the system may receive upon detecting the beacon. The system may then use the unique identifier to look up the beacon's physical location from the database and trigger appropriate functionality for that location.” See ¶ 0011; Said teaches, “the mobile device will automatically download the beacon database [i.e. plurality of unique identifiers to look up the beacon's physical location] information for a venue (using its geo-location) upon arrival. In this way, navigation may still be accomplished even if a connection with the remote database is lost. This feature is good for underground and museums or malls where signals are sometimes weak.” See ¶ 0028, Said teaches, “at step 204, the central system 20 may transmit the physical location 46 of the beacon 42, via the Internet 30, to the mobile device 100, at which point the mobile device application may announce the physical location 46 to the user via the audio output 124.” See ¶ 0071.
Said teaches, “waypoints as determined by beacons,” See ¶ 0022, Said teaches, “beacon 42 may include a unique identifier 44 and may have a physical location 46. When located in the venue 40, the beacon 42 may continuously transmits its unique identifier through wireless means such the mobile device 100 may detect the beacon 42 and receive the unique identifier 44.” See ¶ 0062. Said teaches, “venue 40 e.g. shopping mall, airport, school” See ¶ 0073; Said teaches, “Beacons may be provided in the form of a Bluetooth low energy proximity device that may be detected by a mobile device… Each beacon may include a unique identifier that the system may receive upon detecting the beacon.” See ¶ 0011; Said teaches, “the Bluetooth signal strength and direction of the beacon signal may be used by the mobile device radio to determine distance to the beacon and the relative orientation of the user to the beacon.” See ¶ 0012. Said teaches, “the beacon 42 may continuously transmits its unique identifier through wireless means such the mobile device 100 may detect the beacon 42 and receive the unique identifier 44.” See ¶ 0062);
Said teaches, “the mobile device 100, may transmit the unique identifier 44, via the Internet 30, to the central system 20, which may include a remote database 22. The remote database 22 may store the unique identifier 44 and the physical location 46 of the beacon 42. The remote database 22 may match the unique identifier 44 [i.e. first identifier] with the physical location 46 of the beacon 42… the central system 20 may transmit the physical location 46 [i.e. first navigation information] of the beacon 42, via the Internet 30, to the mobile device 100,” See ¶ 0070-0071;
Said teaches, “announce, via the speaker, navigation instructions for the user to navigate from the detected beacon to the destination beacon” See ¶ 0030.
Said teaches, Bluetooth beacons. See ¶ 0011, Said teaches, “the mobile device 100 includes a memory interface 102, one or more data controllers, image controllers and/or central controllers 104,” See ¶ 0125. Said teaches, “one or more input mechanisms (e.g., keyboard, mouse, voice, touch, bioelectric devices, magnetic reader, RFID reader, barcode reader, user interface 170, motion-sensing input device 108, etc.) serving as one or more user interfaces for the controller [104]” See ¶ 0137;
Said teaches, “[t]he application may announce the directions to the destination in segments in order to direct the user by way of nearby waypoints as determined by beacons.” See ¶ 0022. Said teaches, “the mobile device application 141 may announce the next instruction when the user completes the previous instruction. Additionally, the mobile device application 141 may continuously update the user of their current location by announcing the physical location (e.g. landmark name) of beacons along the route.” See ¶ 0077. Said teaches, “application may then pick up a next beacon 520c [i.e. second tag] at “Zay's Jewelry” 514 and give the user the next segment of directions. For example, upon arriving at beacon 520c, the mobile device application 141 may instruct: “Keep Zay's Jewelry to your right and continue east until the end of the hallway, passing Starbucks Coffee and Yankee Candles.”” See ¶ 0099-0100.
Said teaches, “[a]t any time, the user may select a "take me to" button to activate the navigation functionality. This means the user can enter another destination in the middle of the first navigation or after reaching its first destination.” See ¶ 0020. Said teaches, “they system detects the closest beacon and a first direction segment from current beacon to the next adjacent quadrant in the shortest route is pulled from the database and played. Then, upon encountering the next beacon in the next quadrant, the next segment of the quadrant is played to the user, and so on until the user arrives at his destination.” See ¶ 0026.
Said teaches, “the application may begin with the instructions at beacon 520a: “Keep Macy's on your right and continue down the hallway passing the escalator, until you reach Zay's jewelry on your right, then turn 90 degrees right.” See ¶ 0095 and 0096;
Said teaches, Fig.2, processor 104, Said teaches, “memory stores at least portions of instructions for execution by the CPU and data for processing in accord with the executed instructions.” See ¶ 0135. Said teaches, “[t]he system may then use the unique identifier to look up the beacon's physical location from the database” See ¶ 0011, Said teaches, “the mobile device will automatically download the beacon database information for a venue (using its geo-location) upon arrival.” See ¶ 0028, and Said teaches, Fig. 17, quadrant 830, zone 835. Said teaches, “a database including a plurality of beacon identifiers [i.e. each unique identifier], wherein each beacon identifier corresponds to a physical beacon, [i.e. unique location] wherein each beacon identifier is associated with a venue and a location, wherein the venue is defined as a collection of related locations and the location is defined as a specific position [i.e. attribute] within a venue, wherein each beacon is a member of a quadrant, [i.e. attribute] wherein the database defines adjacent quadrants for every quadrant, wherein each quadrant includes one or more beacons, wherein the database includes navigation instructions from each beacon in a quadrant to every other beacon in that quadrant,” See ¶ 0030.
Said teaches, “if the user passes an escalator 512, the mobile device application 141 may announce at beacon 520b that: “Escalator to the second floor.”” [i.e. second location with unique second beacon 520b] See ¶ 0097, 0098.
Kates teaches, “computer-aided communication and navigation system that uses a computer or other processor in wireless communication with Radio Frequency Identification (RFID) tags to aid the blind person.” See ¶ 0005. Kates teaches, “the communication device configured to obtain location information from one or more location RFID tags when the RFID tag reader is within range to read location information from the one or more location RFID tags, and the communication device configured to obtain location from the GPS receiver when location information is available from the GPS receiver.” See ¶ 0013. Kates teaches, “[a]n RFID system includes a tag, which is made up of a microchip with an antenna, and an interrogator or reader with an antenna. The reader sends out electromagnetic waves. The tag antenna is tuned to receive these waves. A passive RFID tag draws power from field created by the reader and uses it to power the microchip's circuits. The chip then modulates the waves that the tag sends back to the reader and the reader converts the new waves into digital data.” See ¶ 0042.
Cited prior art fails to teach, “receiving, by the client device after the generating, a first electronic communication encoding the first unique identifier and determining based on the first electronic communication that the user is at a first point on the path at which no voice-based instruction from the set of navigation instructions is to be issued.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Namboodiri, Vinod et al. (US 2019/0072395 A1) teaches, “FIG. 11, each PoI or node (i.e., whether a building block or an intersection in the skeletonized path) is preliminarily designated as a beacon location. Thus, each room, office door, stairway, elevator, and the like is tagged with a beacon.” See ¶ 0047.
Cioffi, Joseph et al. (US 2015/0330787 A1) teaches, “the user can be informed by receipt of a code from proximity beacon that the subway station entrance is located 20 feet ahead and has an escalator (or stairs).” See ¶ 0112.
Gilfix, Michael et al. (US 2005/0099306 A1) Radio frequency identification aiding the visually impaired, including receiving in an electronic travel aid ("ETA") for the visually impaired, from a radio frequency identification ("RFID") tag associated with an object. Radio frequency identification aiding the visually impaired. “Passive RFID tags often operate without a battery or other power source, obtaining operating power generated from an RFID reader.” See ¶ 0026. And “After reading the descriptive information from the tag, ETA (118) may then retrieve further information describing the object by use of the unique identification code. The usefulness of `further information` is based upon the fact that memory for storage of descriptive information about an object may be limited as a cost control measure in the RFID tag associated with the object. Such RFID tags often may contain only a unique serial number for the tag and perhaps as little as one word or even just one byte of descriptive information.” ¶ 0032.
THIS ACTION IS MADE FINAL. 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 extension fee 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 Omer S. Khan whose telephone number is (571)270-5146. The examiner can normally be reached 10:00 am to 8:00 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian A. Zimmerman can be reached on 571-272-3059. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/OMER S KHAN/ Primary Examiner, Art Unit 2683