DETAILED ACTION
The amendment filed January 27, 2026 has been entered.
No claims are amended.
Claims 1-23 are pending this application.
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, 3, and 5-8 are rejected under 35 U.S.C. 103 as being unpatentable over Johnson (US 2003/0001777 A1) in view of Perl (US 2005/0035897 A1).
Regarding Claim 1, Johnson teaches a method of determining the location of client system, comprising [0018-0020 for synchronize signal form first network device and second network device]:
determining the round-trip times of bidirectional communications between the client system and first, second, and third reference systems [0018-0020 for synchronize signal form first network device and second network device],
wherein the locations of the first, second, and third reference systems are known at the time of reception from the client system and at the time of transmission to the client system [0021];
determining the time difference of arrival of the bidirectional communications between client system and the first, second, and third reference systems with respect to a fourth reference system wherein the location of the fourth reference system is known at the time of reception from the client system and at the time of transmission to the client system [0022 for timing signal with hyperbolic locus 610];
calculating a second location of the client system using time difference of arrival hyperbolic positioning based upon the determined time difference of arrival between the client and the first, second, third systems with respect to the fourth reference system [0022 for using ellipse and hyperbola];
and determining the position of the client system by combining the first location and the second location [0018-0022].
Johnson fails to explicitly teach calculating a first location of the client system using spherical lateration based upon the determined round trip times.
Perl has a system and method of locating a target using distributed antenna (abstract) and teaches calculating a first location of the client system using spherical lateration based upon the determined round trip times [0012-0013 for using TDOA and 0039-0044 for using round trip delay]
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 position techniques, as disclosed by Johnson, further including the distance calculations as taught by Perl for the purpose to calculate target range and azimuth (Perl, 0046).
Regarding Claim 3, Johnson teaches the communication from one of the first, second, or third reference system is a signal of opportunity [0033 for GPS synchronization].
Regarding Claim 5, Johnson teaches determining the times of the bidirectional communication is based upon position and navigation information on of the client system, first reference system, second reference system, and third reference system [0026-0027].
Johnson fails to explicitly teach using round trip time.
Perl has a system and method of locating a target using distributed antenna (abstract) and teaches using round trip time [0012-0013 for using TDOA and 0039-0044 for using round trip delay]
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 position techniques, as disclosed by Johnson, further including the distance calculations as taught by Perl for the purpose to calculate target range and azimuth (Perl, 0046).
Regarding Claim 6, Johnson fails to explicitly teach one of the client system, first reference system, second reference system, and third reference system is moving.
Perl has a system and method of locating a target using distributed antenna (abstract) and teaches one of the client system, first reference system, second reference system, and third reference system is moving [0014 for aircraft (moving)].
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 position techniques, as disclosed by Johnson, further including the distance calculations as taught by Perl for the purpose to calculate round trip delay (Perl, 0014).
Regarding Claim 7, Johnson teaches calculating a first location of the client system using lateration [0018-0022],
calculating a second location of the client system using time difference of arrival hyperbolic positioning [0022],
and determining the position of the client system by combining the first location and the second location are carried out by a networked processor [0022].
Johnson teaches using elliptical calculation but fails to explicitly teach calculating a first location of the client system using spherical lateration.
Perl has a system and method of locating a target using distributed antenna (abstract) and teaches calculating a first location of the client system using spherical lateration [0035-0036 for calculating round trip delay (3D constitutes spherical lateration)].
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 position techniques, as disclosed by Johnson, further including the distance calculations as taught by Perl for the purpose to calculate round trip delay (Perl, 0014).
Regarding Claim 8, Johnson teaches calculating a first location of the client system using lateration [0022],
calculating a second location of the client system using time difference of arrival hyperbolic positioning [0018-0022],
and determining the position of the client system by combining the first location and the second location are carried out by one of the first, second, third, or fourth reference systems [0018-0022].
Johnson teaches using elliptical calculation but fails to explicitly teach calculating a first location of the client system using spherical lateration.
Perl has a system and method of locating a target using distributed antenna (abstract) and teaches calculating a first location of the client system using spherical lateration [0035-0036 for calculating round trip delay (3D constitutes spherical lateration)].
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 position techniques, as disclosed by Johnson, further including the distance calculations as taught by Perl for the purpose to calculate round trip delay (Perl, 0014).
Claims 2, 4, and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Johnson (US 2003/0001777 A1) in view of Perl (US 2005/0035897 A1) and further in view of Cisneros et al (US 5,774,829 A).
Regarding Claim 2, Johnson fails to explicitly teach determining the position of the client system by combining the first location and the second location includes using a Kalman filter.
Cisneros teaches determining the position of the client system by combining the first location and the second location includes using a Kalman filter [col 32, lines 25-45].
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 position techniques, as disclosed by Johnson, further including the filter calculations as taught by Cisneros for the purpose to compute the difference between the residual pseudoranges (Cisneros, col 32, lines 40-50).
Regarding Claim 4, Johnson fails to explicitly teach the signal of opportunity is one of a radio signal, a television signal, a mobile communication signal, a Wi-Fi signal, a satellite signal, a LORAN signal, a ham radio signal, an aid to navigation signal (VOR, ADS-B), a time reference signal, a LORAN signal, eLORAN signal, and a free space optical signal.
Cisneros teaches the signal of opportunity is one of a radio signal, a television signal, a mobile communication signal, a Wi-Fi signal, a satellite signal, a LORAN signal, a ham radio signal, an aid to navigation signal (VOR, ADS-B), a time reference signal, a LORAN signal, eLORAN signal, and a free space optical signal [col 5, lines 30-60].
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 position techniques, as disclosed by Johnson, further including the filter calculations as taught by Cisneros for the purpose to determine position using existing signals (Cisneros, col 5, lines 25-35).
Regarding Claim 9, Johnson teaches wherein calculating a first location of the client system using lateration [0029-0032],
calculating a second location of the client system using time difference of arrival hyperbolic positioning 0029-0032],
and determining the position of the client system by combining the first location and the second location are carried out by the client system [0029-0032].
Johnson fails to explicitly teach calculating a first location of the client system using spherical lateration.
Cisneros teaches a first location of the client system using spherical lateration [col 9, lines 30-45].
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 position techniques, as disclosed by Johnson, further including the filter calculations as taught by Cisneros for the purpose to update transmitter data table (Cisneros, col 9, lines 30-45).
Claims 10-23 are rejected under 35 U.S.C. 103 as being unpatentable over Cisneros et al (US 5,774,829 A) in view of Johnson (US 2003/0001777 A1) and further in view of Perl (US 2005/0035897 A1).
Regarding Claim 10, Cisneros teaches a method of determining the location of client system, comprising [col 6, lines 1-15 for using GPS to determine location of a mobile unit (client system) with col 9, lines 30-50]:
determining the time of arrival at a reference system of first, second, and third signals from first, second, and third systems [col 6, lines15-30 for determining propagation time along with clock data, also col 6, lines 45-55 for using know positions of stations element 102-1, 102-2, and 102-3]
wherein the locations of the reference system and the first, second, third systems are known at the time of reception of the first, second, and third [col 6, lines 45-55 for using know positions of stations element 102-1, 102-2, and 102-3];
determining the time of arrival at the client system of the first, second, and third signals from the first, second, and third systems [figure 1 element 102-1, 102-2 and 102-3 for having three reference stations and col 6, lines 15-30 for determining propagation times with col 25, lines 65 to col 26 line for using bidirectional communication for periodic updates with col 9, lines 30-50];
determining the time difference of arrival of the first, second, and third at the reference system and client system [col 6, lines 20-30 for using the times of propagation and the time difference offset to solve four unknowns for determining position].
Cisneros fails to explicitly teach signals of opportunity systems SOOP and calculating a location of the client system using time difference of arrival hyperbolic positioning based upon the determined time difference of arrivals of the first, second, and third at the client system and the reference system.
Johnson has a first device transmits a first signal to a second device at a first time. A third device detects a second signal from the second device (abstract) and teaches signals of opportunity systems SOOP [0022], and
calculating a location of the client system using time difference of arrival hyperbolic positioning based upon the determined time of the first, second, and third at the client system and the reference system [0022].
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 position techniques, as disclosed by Cisneros, further including the signal calculations as taught by Johnson for the purpose to determine location of target device (Johnson, 0022).
Cisneros fails to explicitly teach using the time difference of arrival.
Perl has a system and method of locating a target using distributed antenna (abstract) and teaches using the time difference of arrival [0012-0013 for using TDOA and 0039-0044 for using round trip delay].
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 position techniques, as disclosed by Cisneros, further including the distance calculations as taught by Perl for the purpose to calculate target range and azimuth (Perl, 0046).
Regarding Claim 11, Cisneros teaches the position of the client system is filtered using a Kalman filter [col 32, lines 25-45].
Regarding Claim 12, Cisneros teaches the signal of opportunity is one of a radio signal, a television signal, a mobile communication signal, a Wi-Fi signal, a satellite signal, a LORAN signal, a ham radio signal, an aid to navigation signal (VOR, ADS-B), a time reference signal, a LORAN signal, eLORAN signal, and a free space optical signal [col 5, lines 30-60].
Regarding Claim 13, Cisneros teaches one of the client system, SOOP system, and reference system is moving [col 12, lines 35-50].
Regarding Claim 14, Cisneros teaches calculating a location of the client system using time difference of arrival hyperbolic positioning is carried out by a networked processor [col 3, lines 45-67 for using two locations estimates to create a composite estimate for the mobile unit (client system) and col 5, lines 30-45 for using a LORAN-C (hyperbolic) positioning system for synchronizing location signals].
Regarding Claim 15, Cisneros teaches calculating the location of the client system using time difference of arrival hyperbolic positioning are carried out by the reference system [col 5, lines 30-45 for using a LORAN-C (hyperbolic) positioning system for synchronizing location signals and col 6, lines 5-40 for using four satellites as well as fixed FM stations].
Regarding Claim 16, Cisneros teaches calculating the location of the client system using time difference of arrival hyperbolic positioning is carried out by the client system based upon time of arrival information received from a networked processor [col 3, lines 35-55 with the mobile unit having a position estimator also col 5, lines 30-45 for using a LORAN-C (hyperbolic) positioning system for synchronizing location signals].
Regarding Claim 17, Cisneros teaches method of determining the location of client system, comprising [col 6, lines 1-15 for using GPS to determine location of a mobile unit (client system)]:
receiving, by the client system from an external system, location and navigation information regarding a plurality of satellites [figure 1 element 102-1, 102-2 and 102-3 for having three reference stations and col 6, lines 15-30 for determining propagation times],
wherein the external system determines the location of the plurality of satellites using time difference of arrival hyperbolic positioning based upon time of transmissions received from the plurality of satellites [figure 1 element 102-1, 102-2 and 102-3 for having three reference stations and col 5, lines 30-45 for using a LORAN-C (hyperbolic) positioning system for synchronizing location signals with col 6, lines 15-30 for determining propagation times];
determining the time of communications received by the client system from four of the plurality of satellites [col 6, lines15-30 for determining propagation time along with clock data, also col 6, lines 45-55 for using know positions of stations element 102-1, 102-2, and 102-3 with col 34, lines 10-20 for getting time of arrival calculations for GSM signals using TDMA].
Cisneros fails to explicitly teach and calculating a location of the client system using time difference of arrival hyperbolic positioning based upon the determined time between the client and the four satellites.
Johnson has a first device transmits a first signal to a second device at a first time. A third device detects a second signal from the second device (abstract) and teaches and calculating a location of the client system using time difference of arrival hyperbolic positioning based upon the determined time between the client and the four satellites [0022].
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 position techniques, as disclosed by Cisneros, further including the signal calculations as taught by Johnson for the purpose to determine location of target device (Johnson, 0022).
Cisneros fails to explicitly teach using the time difference of arrival.
Perl has a system and method of locating a target using distributed antenna (abstract) and teaches using the time difference of arrival [0012-0013 for using TDOA and 0039-0044 for using round trip delay].
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 position techniques, as disclosed by Cisneros, further including the distance calculations as taught by Perl for the purpose to calculate target range and azimuth (Perl, 0046).
Regarding Claim 18, Cisneros teaches the external system determines the position of the plurality of satellites by filtering location data of the plurality of satellites using a Kalman filter [col 32, lines 25-45].
Regarding Claim 19, Cisneros teaches the external system includes a plurality of reference systems receiving transmissions from the plurality of satellites [figure 1 elements 10-1, 10-2, 10-3 and 10-4].
Regarding Claim 20, Cisneros teaches the external system includes a processor configured to determines the location of the plurality of satellites using time difference of arrival hyperbolic positioning based upon time difference of arrival communication received from the plurality of satellites [col 3, lines 45-67 for using two locations estimates to create a composite estimate for the mobile unit (client system) and col 5, lines 30-45 for using a LORAN-C (hyperbolic) positioning system for synchronizing location signals].
Regarding Claim 21, Cisneros teaches one of the plurality of reference systems is moving [col 12, lines 35-50 and figure 14, element 124 for having a mobile reference unit].
Regarding Claim 22, Cisneros teaches the client system is moving [col 12, lines 35-50].
Regarding Claim 23, Cisneros teaches one of the client system, first reference system, second reference system, and third reference system is moving [col 12, lines 35-50].
Response to Arguments
Applicant’s arguments with respect to claims 1-23 have been considered but
are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
In applicant’s arguments page 9, last paragraph of applicant’s arguments, the applicant states that Cisneros fails to explicitly teach using TDOA. The examiner respectfully disagrees: new reference Perl teaches using TDOA [Perl, 0039-0044].
In applicant’s arguments page 13, last paragraph of applicant’s arguments, the applicant states that Cisneros fails to explicitly teach using TDOA using a fourth reference system. The examiner respectfully disagrees: new reference Johnson teaches a fourth reference system by having the second network device serve effectively as a fourth reference point whose known location anchors the hyperbolic calculation while the elliptical locus is simultaneously defines [Johnson, 0022-0023].
In applicant’s arguments page 14, fourth paragraph of applicant’s arguments, the applicant states that Cisneros fails to explicitly bi-directional communication. The examiner respectfully disagrees: new reference Johnson teaches bi-directional communication [Johnson, 0005 and 0018 by synchronizing signal transmitted from a first network device and received by the target device].
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
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/SAMARINA MAKHDOOM/
Examiner, Art Unit 3648
Prosecution Insights