Prosecution Insights
Last updated: April 19, 2026
Application No. 18/003,694

METHOD AND APPARATUS FOR LOWERING PROCESSOR LOADING

Non-Final OA §103§112
Filed
Jul 20, 2023
Examiner
MULL, FRED H
Art Unit
3645
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Topcon Positioning Systems, Inc.
OA Round
1 (Non-Final)
67%
Grant Probability
Favorable
1-2
OA Rounds
3y 2m
To Grant
83%
With Interview

Examiner Intelligence

Grants 67% — above average
67%
Career Allow Rate
403 granted / 598 resolved
+15.4% vs TC avg
Strong +15% interview lift
Without
With
+15.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
22 currently pending
Career history
620
Total Applications
across all art units

Statute-Specific Performance

§101
9.9%
-30.1% vs TC avg
§103
38.8%
-1.2% vs TC avg
§102
20.3%
-19.7% vs TC avg
§112
27.2%
-12.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 598 resolved cases

Office Action

§103 §112
DETAILED ACTION The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . In the event the determination of the status of the application as subject to AIA 35 USC 102 and 103 (or as subject to pre-AIA 35 USC 102 and 103) is incorrect, any correction of the statutory basis 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. Claim Objections Claim(s) 5-7 and 21-24 is/are objected to under 37 CFR 1.75 because of the following informalities: Each of these claims recites the abbreviation "IFNCO", but what the abbreviation stands for has not been established in the claims. Appropriate correction is required. Claim Interpretation - 35 USC § 112(f)/6th ¶ The following is a quotation of 35 U.S.C. 112(f)/6th ¶ (hereinafter 112(f)): An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f), is invoked. As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f): (A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function; (B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and (C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function. Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f). The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f), is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function. Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f). The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f), is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function. Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f), except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f), except as otherwise indicated in an Office Action. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b)/2nd ¶: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. Claim(s) 15-24 is/are rejected under 35 U.S.C. 112(b)/2nd ¶ as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regard as the invention. In claim 15, line 16 recites "a commutator". However, "a commutator" was previously recited in line 13. Thus, it is unclear if the same or a different commutator is being referenced. Claims 16-17 and 22-23 are dependent upon the claim 15. In claim 18, line 19 recites "a commutator". However, "a commutator" was previously recited in line 14. Thus, it is unclear if the same or a different commutator is being referenced. Claims 19-20 and 23-24 are dependent upon the claim 18. Claim 18, line 24 recites the limitation "the GNSS receiver". There is insufficient antecedent basis for this limitation in the claim. Claims 19-20 and 23-24 are dependent upon the claim 18. “We note that the patent drafter is in the best position to resolve the ambiguity in the patent claims, and it is highly desirable that patent examiners demand that applicants do so in appropriate circumstances so that the patent can be amended during prosecution rather than attempting to resolve the ambiguity in litigation.”, Halliburton Energy Services Inc. v. M-I LLC., 85 USPQ2d 1654 at 1663. 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. Claim(s) 1, 8-15, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Veitsel (US 7,764,226 B1) in view of Bacherov (US 2021/0373177 A1), Oesch '433 (US 7,092,433 B2), and Rubtsov (US 2019/0219708 A1). In regard to claim 1, Veitsel discloses a navigation receiver (Fig. 1) comprising: an RF-path (Fig. 1) configured to receive Global Navigation Satellite System (GNSS) signals from an antenna (100, Fig. 1) and transmit the GNSS signals at an intermediate frequency (130 to 140, Fig. 1; col. 8, lines 3-5); an analog to digital convertor (ADC) configured to receive the GNSS signals from the RF-path at the intermediate frequency and sample the GNSS signals at frequency CLKnav (140, Fig. 1) [where the sampling frequency of the ADC can be denoted as CLKnav]; a time scale generator (145, Fig. 1) configured to generate a tick signal (FS, Fig. 1); a channel configured to receive the GNSS signals from the ADC (200, Fig. 1; Fig. 2; col. 4, lines 24-25), the channel comprising: an intermediate frequency numerically controlled oscillator (NCO) configured to generate a pulse at the intermediate frequency and at an intermediate frequency phase (240 outputting cos and sin outputs, Fig. 2) [where this is consistent with applicant's disclosure in ¶41 and Fig. 3]; a code rate NCO (CRNCO) configured to generate a code rate NCO signal having a code rate NCO phase and a code rate NCO frequency (600 to 400 and 500, Fig. 2) [where this is consistent with applicant's disclosure in ¶26 and Fig. 3]; a code generator configured to generate a code signal based on the code rate NCO frequency (400, Fig. 2); a strobe generator configured to generate a strobe signal based on the shape of the code signal and the code rate NCO phase (500, Fig. 2); a correlator (211, 212, 221, 222, 223, 224, Fig. 2) configured to multiply a signal output from ADC (input U, Fig. 2), from the code generator (input from 240, Fig. 2), and the intermediate frequency phase from the intermediate frequency NCO to generate a first product (input from 600 through 500, Fig. 2), and configured to store the first product during the integration period (accumulators 231, 233, Fig. 2; col. 9, lines 49-51), and configured to multiply the signal output from the ADC (input U, Fig. 2), from the strobe signal (500, Fig. 2), and the intermediate frequency phase from the intermediate frequency NCO to generate a second product (input from 600 through 500, Fig. 2), and configured to store the second product during the integration period (accumulators 232, 234, Fig. 2); and a CPU controlling the navigation receiver and reading data from the correlator (190, Fig. 1; output of correlator to CPU, right of Fig. 2). Veitsel fails to disclose the time scale generator configured to generate a relax tick signal; the channel comprising: an integration period counter configured to generate an integration period signal based on the code rate NCO frequency; and a commutator configured to receive the GNSS signal from the ADC and provide the GNSS signal to the correlator. Veitsel further discloses that the invention can be modified for multi-system and multi-band operation (col. 8, lines 5-8), Bacherov teaches a commutator configured to receive the GNSS signal from the ADC [along with other signals from other GNSS systems and GNSS frequency bands] and provide the GNSS signal to the correlator (404-1, Fig. 4; ¶50-51). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention, based on the suggestion of Veitsel, to look to the art for more details on implementing multi-system and multi-band operation, such as those taught by Bacherov. Veitsel further discloses the CPU reads the information from the accumulators at determined time moments (col. 9, lines 14-16), but fails to disclose how those time moments are determined. Oesch '433 teaches [determining when a CPU reads information from the accumulators, including] an integration period counter configured to generate an integration period signal based on the code rate NCO frequency (integration period counters 28-31 determining when to forward information to the CPU through element 50, Fig. 3; col. 8, line 36-57; col. 9, lines 37-44). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to look to the art for more details on determining the time moments at which the CPU reads the information from the accumulators, such as those taught by Oesch '433. Rubtsov teaches a time scale generator configured to generate a tick signal and a relax tick signal (¶371) [in order to save power (¶371; ¶384-387); where a time signal from the clock that occurs at the expected time is a tick signal, and where a time signal from the clock that occurs after a period in which the time signal was stopped (i.e. after a longer time) is a relax tick signal. This is consistent with the usage of the term "relax tick signal" by applicant: "The relax tick is a tick that is generated to occur after a tick that would normally occur based on a clock pulse." (¶20)]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include this feature into the combination with a reasonable expectation of success in order to save power in the receiver. Additionally, this is a combining of prior art elements according to known methods to yield predictable results, the predictable result being that less power is used in the receiver. In regard to claim 15, Veitsel discloses a method for operating a navigation receiver (Fig. 1) comprising: receiving GNSS signals (100, Fig. 1); sampling the GNSS signals at a frequency CLKnav (140, Fig. 1) [where the sampling frequency of the ADC can be denoted as CLKnav]; generating a tick signal (FS from 145, Fig. 1); generating a pulse at an intermediate frequency and at an intermediate frequency phase (240 outputting cos and sin outputs, Fig. 2) [where this is consistent with applicant's disclosure in ¶41 and Fig. 3]; generating a code rate NCO signal having a code rate NCO phase and a code rate NCO frequency (600 to 400 and 500, Fig. 2) [where this is consistent with applicant's disclosure in ¶26 and Fig. 3]; generating a code signal based on the code rate NCO frequency (400, Fig. 2); generating a strobe signal based on the shape of the code signal and the code rate NCO phase (500, Fig. 2); [a correlator (211, 212, 221, 222, 223, 224, Fig. 2);] multiplying a signal output from an ADC receiving the sampled GNSS signal (input U, Fig. 2), the code signal (input from 240, Fig. 2), and the intermediate frequency phase to generate a first product (input from 600 through 500, Fig. 2) stored during the integration period (accumulators 231, 233, Fig. 2; col. 9, lines 49-51); multiplying the signal output from the ADC receiving the sampled GNSS signal (input U, Fig. 2), the strobe signal (500, Fig. 2), and the intermediate frequency phase to generate a second product stored during the integration period (input from 600 through 500, Fig. 2; accumulators 232, 234, Fig. 2); and controlling the navigation receiver based on the tick signal, the first product, and the second product (190, Fig. 1; output of correlator to CPU, right of Fig. 2). Veitsel fails to disclose generating a relax tick signal; generating an integration period signal based on the code rate NCO frequency; and a commutator configured to receive the GNSS signal from the ADC and provide the GNSS signal to a correlator. Veitsel further discloses that the invention can be modified for multi-system and multi-band operation (col. 8, lines 5-8), Bacherov teaches a commutator configured to receive the GNSS signal from the ADC [along with other signals from other GNSS systems and GNSS frequency bands] and provide the GNSS signal to the correlator (404-1, Fig. 4; ¶50-51). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention, based on the suggestion of Veitsel, to look to the art for more details on implementing multi-system and multi-band operation, such as those taught by Bacherov. Veitsel further discloses the CPU reads the information from the accumulators at determined time moments (col. 9, lines 14-16), but fails to disclose how those time moments are determined. Oesch '433 teaches [determining when a CPU reads information from the accumulators, including] an integration period counter configured to generate an integration period signal based on the code rate NCO frequency (integration period counters 28-31 determining when to forward information to the CPU through element 50, Fig. 3; col. 8, line 36-57; col. 9, lines 37-44). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to look to the art for more details on determining the time moments at which the CPU reads the information from the accumulators, such as those taught by Oesch '433. Rubtsov teaches a time scale generator configured to generate a tick signal and a relax tick signal (¶371) [in order to save power (¶371; ¶384-387); where a time signal from the clock that occurs at the expected time is a tick signal, and where a time signal from the clock that occurs after a period in which the time signal was stopped (i.e. after a longer time) is a relax tick signal. This is consistent with the usage of the term "relax tick signal" by applicant: "The relax tick is a tick that is generated to occur after a tick that would normally occur based on a clock pulse." (¶20)]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include this feature into the combination with a reasonable expectation of success in order to save power in the receiver. Additionally, this is a combining of prior art elements according to known methods to yield predictable results, the predictable result being that less power is used in the receiver. In regard to claim 18, Veitsel discloses a navigation receiver (Fig. 1) comprising: means for receiving GNSS signals (100, Fig. 1); means for sampling the GNSS signals at a frequency CLKnav (140, Fig. 1) [where the sampling frequency of the ADC can be denoted as CLKnav]; means for generating a tick signal (time scale generator 145 configured to generate tick signal FS, Fig. 1); means for generating a pulse at an intermediate frequency and at an intermediate frequency phase (240 outputting cos and sin outputs, Fig. 2) [where this is consistent with applicant's disclosure in ¶41 and Fig. 3]; means for generating a code rate NCO signal having a code rate NCO phase and a code rate NCO frequency (600 to 400 and 500, Fig. 2) [where this is consistent with applicant's disclosure in ¶26 and Fig. 3]; means for generating a code signal based on the code rate NCO frequency (400, Fig. 2); means for generating a strobe signal based on the shape of the code signal and the code rate NCO phase (500, Fig. 2); means for multiplying (correlator 211, 212, 221, 222, 223, 224, Fig. 2) a signal output from an ADC receiving the sampled GNSS signal (input U, Fig. 2), the code signal (input from 240, Fig. 2), and the intermediate frequency phase to generate a first product (input from 600 through 500, Fig. 2); means for storing the first product during the period identified by the integration period signal (accumulators 231, 233, Fig. 2; col. 9, lines 49-51); means for multiplying (correlator 211, 212, 221, 222, 223, 224, Fig. 2) the signal output from the ADC receiving the sampled GNSS signal (input U, Fig. 2), the strobe signal, and the intermediate frequency phase to generate a second product (500, Fig. 2); means for storing the second product during period identified by the integration period signal (accumulators 232, 234, Fig. 2); and means for controlling the GNSS receiver based on the tick signal, relaxed tick signal, the first product, and the second product (190, Fig. 1; output of correlator to CPU, right of Fig. 2). Veitsel fails to disclose the time scale generator configured to generate a relax tick signal; means for generating an integration period signal based on the code rate NCO frequency; and a commutator configured to receive the GNSS signal from the ADC and provide the GNSS signal to a correlator. Veitsel further discloses that the invention can be modified for multi-system and multi-band operation (col. 8, lines 5-8), Bacherov teaches a commutator configured to receive the GNSS signal from the ADC [along with other signals from other GNSS systems and GNSS frequency bands] and provide the GNSS signal to the correlator (404-1, Fig. 4; ¶50-51). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention, based on the suggestion of Veitsel, to look to the art for more details on implementing multi-system and multi-band operation, such as those taught by Bacherov. Veitsel further discloses the CPU reads the information from the accumulators at determined time moments (col. 9, lines 14-16), but fails to disclose how those time moments are determined. Oesch '433 teaches [determining when a CPU reads information from the accumulators, including] an integration period counter configured to generate an integration period signal based on the code rate NCO frequency (integration period counters 28-31 determining when to forward information to the CPU through element 50, Fig. 3; col. 8, line 36-57; col. 9, lines 37-44). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to look to the art for more details on determining the time moments at which the CPU reads the information from the accumulators, such as those taught by Oesch '433. Rubtsov teaches a time scale generator configured to generate a tick signal and a relax tick signal (¶371) [in order to save power (¶371; ¶384-387); where a time signal from the clock that occurs at the expected time is a tick signal, and where a time signal from the clock that occurs after a period in which the time signal was stopped (i.e. after a longer time) is a relax tick signal. This is consistent with the usage of the term "relax tick signal" by applicant: "The relax tick is a tick that is generated to occur after a tick that would normally occur based on a clock pulse." (¶20)]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include this feature into the combination with a reasonable expectation of success in order to save power in the receiver. Additionally, this is a combining of prior art elements according to known methods to yield predictable results, the predictable result being that less power is used in the receiver. In regard to claim 8, Veitsel further discloses the CPU is configured to copy a code frequency signal into a buffer register of the code rate NCO based on an update signal (col. 10, lines 31-33) [where when the CPU sends a command at a subsequent time to the initial position determination, that is an update signal; where it is common for a navigation to repeatedly determine its position, e.g., when it is being used by a user driving]. In regard to claim 9, the Office takes Official Notice that one of ordinary skill in the art would have found it well known before the effective filing date of the invention to copy an intermediate frequency control signal into an interface register of a buffer register in the intermediate frequency NCO. This would occur at each positioning, including subsequent positionings, and thus be based on an update signal In regard to claim 10, Veitsel further discloses the code rate NCO is further configured to phase shift a code rate NCO code phase based on an update signal (600 to 400 and 500, Fig. 2) [where when the CPU sends a positioning command at a subsequent time to the initial position determination, that is an update signal; where it is common for a navigation to repeatedly determine its position, e.g., when it is being used by a user driving]. In regard to claim 11, Veitsel further discloses the intermediate frequency NCO is further configured to phase shift an intermediate frequency in the intermediate frequency NCO) based on an update signal (240 outputting cos and sin outputs, Fig. 2) [where when the CPU sends a positioning command at a subsequent time to the initial position determination, that is an update signal; where it is common for a navigation to repeatedly determine its position, e.g., when it is being used by a user driving]. In regard to claim 12, Veitsel further discloses the CPU is configured to store a value of a primary buffer in the correlator (231-234, Fig. 2). Oesch '433 further teaches the value is output from a primary buffer in the correlator over an integration period (integration period counters 28-31 determining when to forward information to the CPU through element 50, Fig. 3; col. 8, line 36-57; col. 9, lines 37-44). In regard to claim 13, Veitsel further discloses the CPU is configured to copy data from a primary buffer based on the tick signal (231-234, Fig. 2) and storing the data from the primary buffer in a secondary buffer (output of 231-234 to CPU in Fig. 2) [where it is inherent for a CPU to include an associate buffer (CPU cache) for use in manipulating data]. In regard to claim 14, Rubtsov further teaches the period of the relax tick signal is a multiple of the period of the tick signal (¶384-387). The following reference(s) is/are also found relevant: Chun (SG 130041 A1), which teaches storing an NCO control signal in a register in the NCO (625 in 24, Fig. 6, ¶82; ¶87). Hoshino (JP 2005033588 A), which teaches storing an NCO control signal in a register in the NCO (3 in 5, Fig. 1; p. 2, ¶7). Oesch '371 (EP 1265371 A1), which teaches an integration period counter configured to generate an integration period signal based on the code rate NCO frequency (28-30, 34, Fig. 3; p. 9, ¶3-4) [where if the code rate NCO frequency output from the NCO were different, the signal output from the integration period counter would be different]. Applicant is encouraged to consider these documents in formulating their response (if one is required) to this Office Action, in order to expedite prosecution of this application. Allowable Subject Matter Claim(s) 2-4 is/are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Claim(s) 5-7 would be allowable if rewritten to overcome the objection(s) set forth in this Office Action and to include all of the limitations of the base claim and any intervening claims. Claim(s) 16-17 and 19-20 would be allowable if amended to overcome the rejection(s) under 35 USC 112, set forth in this Office Action, without the addition of new matter, and if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Claim(s) 21-24 would be allowable if amended to overcome the objection(s) set forth in this Office Action and the rejection(s) under 35 USC 112, set forth in this Office Action, without the addition of new matter, and if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Reasons for Allowance/Allowable Subject Matter The following is an examiner's statement of reasons for allowance/allowable subject matter: The references cited, alone or in combination, do not teach or make obvious the following limitation(s): an update CRNCO and/or an update IFNCO / generating values based on an update CRNCO and/or an update IFNCO. Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled "Comments on Statement of Reasons for Allowance". Any inquiry concerning this communication or earlier communications from the examiner should be directed to Fred H. Mull whose telephone number is 571-272-6975. The examiner can normally be reached on Monday through Friday from approximately 9-5:30. Examiner interviews are available via telephone 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 https://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert Hodge, can be reached at 571-272-2097. 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. Fred H. Mull Examiner Art Unit 3645 /F. H. M./ Examiner, Art Unit 3645 /ROBERT W HODGE/Supervisory Patent Examiner, Art Unit 3645
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Prosecution Timeline

Jul 20, 2023
Application Filed
Oct 02, 2025
Non-Final Rejection — §103, §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
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Grant Probability
83%
With Interview (+15.3%)
3y 2m
Median Time to Grant
Low
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