DETAILED ACTION
Response to Amendment
Amendment filed on August 5, 2025 has been entered.
Claim 1 and 5-7 are amended.
Claim 3 and 14-17 are cancelled.
Claims 22 is new.
Claims 1-2, 4-13, and 18-22 are pending this application.
Claim Rejections - 35 USC § 102
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.
Claim(s) 22 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Park (US 2018/0224559 A1).
Regarding Claim 22, Park teaches information processing device, comprising [0101 for element 2 biometric monitoring device, 0147]:
a processor configured to [0101 for element 2 biometric monitoring device, 0147]:
communicate wirelessly with a communication device to acquire positioning satellite information from the communication device, the communication device being configured to download positioning satellite information from an external device [0127-0128 for communication protocols and 0182 element 1318];
acquire a current position using the positioning satellite information [0128, 0182, and figure 3 element 1312];
acquire behavior information indicating a result of a user's behavior, and then transmit the behavior information to the communication device [0116-0018 for determining activity with sensors such as a watch and transmitting information to a smart phone device for both biometric data and satellite GPS data, and 0128 for sleeping, commuting];
and upon acquisition of the behavior information [0128 for sleeping, commuting]:
transmit an instruction to the communication device to instruct the communication device to download the positioning satellite information from the external device at a timing based on a timing of transmitting the behavior information to the communication device [0101];
and execute processing for acquiring the positioning satellite information from the communication device [0101 for element 2 biometric monitoring device, 0147].
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 1-2 and 4-7 are rejected under 35 U.S.C. 103 as being unpatentable over Park (US 2018/0224559 A1), in view of Aaron (CA 2800123 C).
Regarding Claim 1, Park teaches an information processing device comprising [0101 for element 2 biometric monitoring device, 0147]:
a processor configured to: communicate wirelessly with a communication device to acquire positioning satellite information from the communication device [0127-0128 for communication protocols and 0182 element 1318],
the communication device being configured to download positioning satellite information from an external device in response to an instruction issued by the processor, and the positioning satellite information including first information and second information [0116-0117 for position and time (second information), 0121-0125, 0128 for downloading ephemeris data (first information), and updating ephemeris data based on movement (behavior)];
acquire a current position using the positioning satellite information [0128, 0182, and figure 3 element 1312];
acquire behavior information indicating a result of a user's behavior, and then transmit the behavior information to the communication device [0116-0018 for determining activity with sensors such as a watch and transmitting information to a smart phone device for both biometric data and satellite GPS data, and 0128-0129 for sleeping, commuting, going on a run];
upon acquisition of the behavior information [0116-0118 for determining activity information using smart phone device for both biometric data and satellite GPS data, 0124];
and in a case where the connection has been established in response to the request and it is determined that the first information of the positioning satellite information has already been acquired from the communication device within a predetermined period, perform control to acquire only the second information from the communication device without acquiring the first information again [0112-0116].
Park fails to explicitly teach issue a request to the communication device to establish a connection with the communication device, and execute processing to acquire the positioning satellite information from the communication device after a timing at which the behavior information is transmitted and while the connection between the information processing device and the communication device is maintained.
Aaron has a device for monitoring athletic performance of a user (abstract) and teaches issue a request to the communication device to establish a connection with the communication device, and execute processing to acquire the positioning satellite information from the communication device after a timing at which the behavior information is transmitted [0015, 0054-0055 for giving performance (behavior) data, and 0202-0205]
and while the connection between the information processing device and the communication device is maintained [0054-0055 interfaces between the watch (communication device) and multiple portable computers etc.].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the satellite position techniques, as disclosed by Park, further including the behavior calculations as taught by Aaron for the purpose to begin searching for satellite signals as soon as a user enters an activity definition/initiation mode (Aaron, 0015).
Regarding Claim 2, Park teaches the processor is configured to [0128]:
in a case where the connection has been established in response to the request and it is determined that the first information of the positioning satellite information has not been acquired from the communication device within the predetermined period [0123-0127],
execute the processing for acquiring to acquire the positioning satellite information from the communication device [0129-0131].
Regarding Claim 4, Park teaches the processor is configured to acquire a behavior involving movement of the user, as the behavior information [0147-0148].
Park fails to explicitly teach behavior result processing.
Aaron has a device for monitoring athletic performance of a user (abstract) and teaches behavior result processing [0198].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the satellite position techniques, as disclosed by Park, further including the behavior calculations as taught by Aaron for the purpose to detem1ine trends and provide updated or improved service (Aaron, 0198).
Regarding Claim 5, Park teaches a behavior analysis system comprising [0101 for element 2 biometric monitoring device, 0147]
a communication device configured to download positioning satellite information from an external device in response to an instruction received, the positioning satellite information including first information and second information [0116-0117 for position and time (second information), 0121-0125, 0128 for downloading ephemeris data (first information), and updating ephemeris data based on movement (behavior)];
and an information processing device configured to communicate wirelessly with the communication device and to issue the instruction to the communication device to download the positioning satellite information from the external device, the information processing device comprising [0127-0128 for communication protocols and 0182 element 1318]:
a processor configured to: execute processing to acquire the positioning satellite information from the communication device [0127-0128];
acquire a current position using the positioning satellite information [0128, 0182, and figure 3 element 1312];
acquire behavior information indicating a user's behavior, and then transmit the behavior information to the communication device [0116-0018 for determining activity with sensors such as a watch and transmitting information to a smart phone device for both biometric data and satellite GPS data, and 0128 for sleeping, commuting];
upon acquisition of the behavior information [0116-0118 for determining activity information using smart phone device for both biometric data and satellite GPS data, 0124];
and in a case where the connection has been established in response to the request and it is determined that the first information of the positioning satellite information has already been acquired from the communication device within a predetermined period, perform control to acquire only the second information from the communication device without acquiring the first information again [0112-0116].
Park fails to explicitly teach issue a request to the communication device to establish a connection with the communication device, and execute processing to acquire the positioning satellite information from the communication device after a timing at which the behavior information is transmitted and while the connection between the information processing device and the communication device is maintained.
Aaron has a device for monitoring athletic performance of a user (abstract) and teaches issue a request to the communication device to establish a connection with the communication device, and execute processing to acquire the positioning satellite information from the communication device after a timing at which the behavior information is transmitted [0015, 0054-0055 for giving performance (behavior) data, and 0202-0205]
and while the connection between the information processing device and the communication device is maintained [0054-0055 interfaces between the watch (communication device) and multiple portable computers etc.].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the satellite position techniques, as disclosed by Park, further including the behavior calculations as taught by Aaron for the purpose to begin searching for satellite signals as soon as a user enters an activity definition/initiation mode (Aaron, 0015).
Regarding Claim 6, Park teaches a behavior analysis method comprising [0101 for element 2 biometric monitoring device, 0147]:
communicating wirelessly with a communication device to acquire positioning satellite information from the communication device, the communication device being configured to download positioning satellite information from an external device [0127-0128 for communication protocols and 0182 element 1318]
in response to an instruction issued thereto, and the positioning satellite information including first information and second information [0116-0117 for position and time (second information), 0121-0125, 0128 for downloading ephemeris data (first information), and updating ephemeris data based on movement (behavior)];
acquiring a current position using the positioning satellite information [0128, 0182, and figure 3 element 1312];
acquiring behavior information indicating a user's behavior, and then transmitting the behavior information to the communication device [0116-0018 for determining activity with sensors such as a watch and transmitting information to a smart phone device for both biometric data and satellite GPS data, and 0128 for sleeping, commuting];
upon acquisition of the behavior information [0116-0118 for determining activity information using smart phone device for both biometric data and satellite GPS data, 0124];
and in a case where the connection has been established in response to the request and it is determined that the first information of the positioning satellite information has already been acquired from the communication device within a predetermined period, perform control to acquire only the second information from the communication device without acquiring the first information again [0112-0116].
Park fails to explicitly teach issue a request to the communication device to establish a connection with the communication device, and execute processing to acquire the positioning satellite information from the communication device after a timing at which the behavior information is transmitted and while the connection between the information processing device and the communication device is maintained.
Aaron has a device for monitoring athletic performance of a user (abstract) and teaches issue a request to the communication device to establish a connection with the communication device, and execute processing to acquire the positioning satellite information from the communication device after a timing at which the behavior information is transmitted [0015, 0054-0055 for giving performance (behavior) data, and 0202-0205]
and while the connection between the information processing device and the communication device is maintained [0054-0055 interfaces between the watch (communication device) and multiple portable computers etc].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the satellite position techniques, as disclosed by Park, further including the behavior calculations as taught by Aaron for the purpose to begin searching for satellite signals as soon as a user enters an activity definition/initiation mode (Aaron, 0015).
Regarding Claim 7, Park teaches a non-transitory computer-readable storage medium storing a program causing a computer to execute functions comprising [0101 for element 2 biometric monitoring device, 0147]:
a communication processing function of communicating wirelessly with a communication device to acquire positioning satellite information from the communication device, the communication device being configured to download the positioning satellite information from an external device [0127-0128 for communication protocols and 0182 element 1318]
in response to an instruction issued thereto, and the positioning satellite information including first information and second information [0116-0117 for position and time (second information), 0121-0125, 0128 for downloading ephemeris data (first information), and updating ephemeris data based on movement (behavior)];
acquiring a current position using the positioning satellite information [0128, 0182, and figure 3 element 1312];
acquiring behavior information indicating a of a user's behavior, and then transmitting the behavior information to the communication device [0116-0018 for determining activity with sensors such as a watch and transmitting information to a smart phone device for both biometric data and satellite GPS data, and 0128 for sleeping, commuting];
upon acquisition of the behavior information [0116-0118 for determining activity information using smart phone device for both biometric data and satellite GPS data, 0124];
and in a case where the connection has been established in response to the request and it is determined that the first information of the positioning satellite information has already been acquired from the communication device within a predetermined period, perform control to acquire only the second information from the communication device without acquiring the first information again [0112-0116].
Park fails to explicitly teach issue a request to the communication device to establish a connection with the communication device, and execute processing to acquire the positioning satellite information from the communication device after a timing at which the behavior information is transmitted and while the connection between the information processing device and the communication device is maintained.
Aaron has a device for monitoring athletic performance of a user (abstract) and teaches issue a request to the communication device to establish a connection with the communication device, and execute processing to acquire the positioning satellite information from the communication device after a timing at which the behavior information is transmitted [0015, 0054-0055 for giving performance (behavior) data, and 0202-0205]
and while the connection between the information processing device and the communication device is maintained [0054-0055 interfaces between the watch (communication device) and multiple portable computers etc.].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the satellite position techniques, as disclosed by Park, further including the behavior calculations as taught by Aaron for the purpose to begin searching for satellite signals as soon as a user enters an activity definition/initiation mode (Aaron, 0015).
Regarding Claim 18, Park teaches the first information comprises prediction ephemeris data [0121-0125, 0128 for downloading ephemeris data (first information), and updating ephemeris data based on movement (behavior)].
Regarding Claim 19, Park teaches the second information includes at least one of position information and time information of the communication device [0116-0117 for position and time (second information)].
Regarding Claim 20, Park teaches the processor is configured to acquire firmware-related data of the information processing device in parallel with the processing to acquire the positioning satellite information [0014 for using multiple (parallel) processors for ephemeris data and wearable biometric device].
Regarding Claim 21, Park teaches the processor is configured to acquire the firmware-related data independently of issuance of the instruction [0028, 0041].
Claims 8-13 are rejected under 35 U.S.C. 103 as being unpatentable over Park (US 2018/0224559 A1), in view of Aaron (CA 2800123 C) as applied to claim 1 above, and further in view of Wang (US 2008/0117103 A1).
Regarding Claim 8, Park fails to explicitly teach the processor is configured to: generate a random number time that is an irregular time; and instruct the communication device to download the positioning satellite information according to the random number time.
Wang has systems for keeping the ephemeris in a navigational receiver current to achieve fast TTFF without the need for connecting to an aiding network (Abstract) and teaches the processor is configured to [0024-0025]:
generate a random number time that is an irregular time [0024-0025];
and instruct the communication device to download the positioning satellite information according to the random number time [0024-0025].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the satellite position techniques, as disclosed by Park, further including the download time calculations as taught by Wang for the purpose to conserve power so that the required download can be accomplished with minimal lower drain from the battery (Wang, 0023).
Regarding Claim 9, Park fails to explicitly teach the random number time is time until an automatic operation start-up of the processor from going into a sleep state, and wherein the processor is configured to start up after the random number time since going into the sleep state and instruct the communication device to download the positioning satellite information.
Wang has systems for keeping the ephemeris in a navigational receiver current to achieve fast TTFF without the need for connecting to an aiding network (Abstract) and teaches the random number time is time until an automatic operation start-up of the processor from going into a sleep state [0024-0025]:
and wherein the processor is configured to start up after the random number time since going into the sleep state and instruct the communication device to download the positioning satellite information [0024-0025].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the satellite position techniques, as disclosed by Park, further including the download time calculations as taught by Wang for the purpose to conserve power so that the required download can be accomplished with minimal power drain from the battery (Wang, 0023).
Regarding Claim 10, Park fails to explicitly teach the processor is configured to set a starting timing of the processor so that the starting timing is not included in an update time zone in which a management device updates the positioning satellite information, the management device being configured to manage downloading of the positioning satellite information by the communication device.
Wang has systems for keeping the ephemeris in a navigational receiver current to achieve fast TTFF without the need for connecting to an aiding network (Abstract) and teaches the processor is configured to set a starting timing of the processor so that the starting timing is not included in an update time zone in which a management device updates the positioning satellite information [0013 for local time or time zones, 0024-0025]:
the management device being configured to manage downloading of the positioning satellite information by the communication device [0024-0025].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the satellite position techniques, as disclosed by Park, further including the download time calculations as taught by Wang for the purpose to conserve power so that the required download can be accomplished with minimal power drain from the battery (Wang, 0023).
Regarding Claim 11, Park teaches the processor is configured to [0106]:
in a case where the connection has been established in response to the request and it is determined that the first information of the positioning satellite information has not been acquired from the communication device within the predetermined period [0123-0127],
execute the processing for acquiring to acquire the positioning satellite information from the communication device [011-0112, 0118]
Regarding Claim 12, Park teaches the processor is configured to [0106, 0111]:
in a case where the connection has been established in response to the request and it is determined that the first information of the positioning satellite information has not been acquired from the communication device within the predetermined period [0123-0127],
execute the processing for acquiring to acquire the positioning satellite information from the communication device [0111-0112, 0118].
Regarding Claim 13, Park teaches wherein the processor is configured to [0111]:
in a case where the connection has been established in response to the request and it is determined that the first information of the positioning satellite information has not been acquired from the communication device within the predetermined period [0123-0127],
execute the processing for acquiring to acquire the positioning satellite information from the communication device [0110-0112].
Response to Arguments
Applicant's arguments fail to comply with 37 CFR 1.111(b) because they amount to a
general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references. Park teaches using a biometric device for navigation data using satellite ephemeris information [Park, 0015]. Furthermore, Brown has an electronic watch that communications with multiple electronic devices [Brown, 0054].
The examiner acknowledges that this is a broader interpretation than Applicant’s.
However, examiners are not only allowed to apply broad interpretations, but are required to do so, as it reduces the possibility that the claims, once issued, will be interpreted more broadly than is justified. MPEP §2111. Patentability is determined by the “broadest reasonable interpretation
consistent with the specification” (MPEP §2111), not the narrowest reasonable interpretation. And Applicant does not have an explicit lexicographical statement in line with MPEP §2111.01
subsection IV requiring a specific interpretation of the relevant phrases which forces the examiner to interpret them only one way.
The express, implicit, and inherent disclosures of a prior art reference may be relied upon in the rejection of claims under 35 U.S.C. 102 or 103. "The inherent teaching of a prior art reference, a question of fact, arises both in the context of anticipation and obviousness." In re Napier, 55 F.3d 610, 613, 34 USPQ2d 1782, 1784 (Fed. Cir. 1995).
For applicant’s benefit, portions of the cited reference(s) have been cited to aid in the review of the rejection(s). While every attempt has been made to be thorough and consistent within the rejection it is noted that the PRIOR ART MUST BE CONSIDERED IN ITS ENTIRETY, including disclosures that teach away from the claims. See MPEP 2141.02 VI.
“The use of patents as references is not limited to what the patentees describe as their own inventions or to the problems with which they are concerned. They are part of the literature of the art, relevant for all they contain.” In re Heck, 699 F.2d 1331, 1332-33, 216 USPQ 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006, 1009, 158 USPQ 275, 277 (CCPA 1968)). A reference may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art, including non-preferred embodiments. Merck & Co. v.Biocraft Laboratories, 874 F.2d 804, 10 USPQ2d 1843 (Fed. Cir.), cert. denied, 493 U.S. 975 (1989). See also Upsher-Smith Labs. v. Pamlab, LLC, 412 F.3d 1319, 1323, 75 USPQ2d 1213, 1215 (Fed. Cir. 2005) See MPEP 2123.
Conclusion
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 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 SAMARINA MAKHDOOM whose telephone number is (703)756-1044. The examiner can normally be reached Monday – Thursdays from 8:30 to 5:30 pm eastern time.
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/SAMARINA MAKHDOOM/
Examiner, Art Unit 3648
/William Kelleher/Supervisory Patent Examiner, Art Unit 3648