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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. The claim recites gathering (at least one) sample measurement from each of a plurality of radio nodes. The claim then subsequently recites (or may be interpreted to read) that this one sample measurement includes sample measurements from the other radio nodes. For example, the claim language may be clarified by reciting “gathering a sample measurement for each node” and “encoding each sample measurement into a group encoded sample measurement, which includes all three recited types of information”. In other words, the claim language appears confusing as one sample measurement appears to include information from more than one other sample measurement. Correction is required.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 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, 4, 6, 7, 11-20 are rejected under 35 U.S.C. 103 as being unpatentable over Wirola et al (US 20210022102, hereinafter Wirola '102) in view of Akkarakaran et al. (US 20200205104, hereinafter Akkarakaran et al.) and Wirola et al. (US 20160054427, hereinafter Wirola '427).
Regarding claim 1 Wirola '102 discloses an apparatus comprising at least one processor and at least one memory including computer program code, the at least one memory and the computer program code configured to, with the at least one processor, cause the apparatus to
at least perform ([para 0019] wherein an apparatus is described, which comprises at least one processor and at least one memory including computer program code, the at least one memory and the computer program code configured to, with the at least one processor, cause an apparatus, for instance the apparatus, at least to perform the method according to the first or second aspect:
gather at least one sample measurement comprising at least one of an identifier information or signal strength information of a plurality of radio nodes [para 0010, 0031]
wherein Wirola '102 discloses obtaining multiple original identifiers identifying respective first radio networks or nodes thereof. And in paragraph 0031, Wirola '102 further discloses (at least or at most) one, two, three, four, five or six original identifiers may be used for generating the respective shortened identifiers. This may also depend on the number of original identifiers observable or obtainable by the first apparatus.),
Wirola '102 teaches, gather at least one sample measurement comprising at least one of an identifier information or signal strength information of a plurality of radio nodes, wherein one or more signals sent by the respective radio nodes are observable at a location where the apparatus performs the gather of the at least one sample measurement para 0010, 0031] wherein Wirola '102 discloses obtaining multiple original identifiers identifying respective first radio networks or nodes thereof. And in paragraph 0031, Wirola '102 further discloses (at least or at most) one, two, three, four, five or six original identifiers may be used for generating the respective shortened identifiers. This may also depend on the number of original identifiers observable or obtainable by the first apparatus.).
Wirola '102 discloses, encode the at least one sample measurement into an encoded sample measurement that comprises: one or two full identifier information of the respective radio nodes ([Para 0054] wherein Wirola '102 discloses the said at least two original (Full) identifiers for which a shortened identifier is generated and provided and/or said at least one original identifier to be provided with said shortened identifiers are/is selected from said multiple original identifiers at least in part based on a quality parameter of signals of respective first radio networks or nodes thereof.).
Wirola '102 fails to teach, wherein one or more signals sent by the respective radio nodes are observable at a location where the apparatus performs the gather of the at least one sample measurement.
However, Akkarakaran teaches wherein one or more signals sent by the respective radio nodes are observable at a location where the apparatus performs the gather of the at least one sample measurement ([para 0065] wherein Akkarakaran discloses the GPS receiver requests information and operations as appropriate from the other systems, and performs calculations necessary to determine the apparatus' positions using measurements obtained by any suitable GPS algorithm.).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant's claimed invention to have incorporated the teachings of Akkarakaran into the invention of Wirola '102 in order to determine the apparatus positions using measurements obtained by any suitable GPS algorithm. Doing so will aid in efficiently estimating a position of a mobile device or terminal.
Wirola '102 and Akkarakaran fails to teach one to three partial identifier information, wherein a part of a respective full identifier information of the respective radio nodes is to be comprised; and at least one signal strength information for each of the respective encoded radio nodes; and provide the encoded at least one sample measurement.
However, Wirola '427 teaches allowing the encoded at least one sample measurement to comprise at a maximum three partial identifier information, wherein a part of a respective full identifier information of the respective radio nodes is allowed to be comprised ([ para 0052-0053, 0123] wherein paragraphs 0052, Wirola '427 discloses the sets of positioning information comprise coverage area model information and/or radio channel model information associated with respective entities of one or more communication system. Paragraph 0053 states at least three sets of positioning information associated with different respective entities of the one or more communication systems may be retrieved from the database using the shortened derivative of the identifier using shortened identifiers. Lastly in paragraph 0123, Wirola '427 gives an example of a mobile terminal obtaining three identifiers associated with the respective three entities of a communication system. (In other words, the mobile terminal obtains three identifiers, comprising positioning information that is associated with a communication system.)). and allowing the encoded at least one sample measurement to comprise at least one signal strength information of the respective radio nodes ([para 0018] wherein Wirola '427 discloses "the first example embodiment of the invention has the further feature that the set of positioning information is retrievable from a database that stores a plurality of shortened derivatives of respective identifiers associated with respective entities of one or more communication systems and respective sets of positioning information associated with the respective entities of the one or more communication systems. "); and - provide the encoded at least one sample measurement ([para 0020] wherein Wirola '427 discloses "The respective sets of positioning information associated with the respective entities of the one or more communication systems may comprise information such as coordinates of the respective entity of the respective communication system. At least a part of a set of positioning information.).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant' S claimed invention to have incorporated the teachings of Wirola '427 into the current invention of Wirola '102 and Akkarakaran in order to reduce and process smaller data packets that ultimately leads to lower latency in communication and furthermore, to gain valuable insights into the network environment, enabling them to optimize performance, improve reliability, and provide a better user experience.
Regarding claim 2, WIROLA '102 discloses the apparatus according to claim 1, wherein a respective full identifier information is represented by six octets, and a respective partial identifier information is represented by one octet, and the part of the respective full identifier information is a last octet of the respective obtained identifier information ([para 0039, 0060] wherein Wirola '102 discloses a scenario of the original identifier being a WLAN MAC address, the identifier is 6 bytes and, thus, the first apparatus would normally only be able to send a message carrying only two WLAN MAC addresses. Paragraph 0060 discloses certain, e.g. first, last or middle, (consecutive) information units or a certain section of the original identifier may be used in order to generate the shortened identifier. As an example, the last one, two, three, four byte(s) of an original identifier may be used as the shortened identifier. (Note: Byte and octet are interchangeable and mean the same thing.)
Regarding claim 4, WIROLA '102 discloses the apparatus according to claim 3, wherein the at least one signal strength information of the encoded at least one sample measurement is converted into a linear value, wherein the conversion is based on at least one of pre-defined signal strength values or pre-defined signal strength ranges of the gathered signal strength information mapped to the respective linear values ([para 0055, 0066] wherein Wirola '102 discloses the original identifiers are selected at least in part based on a quality parameter of signals of respective first radio networks or nodes thereof. An example of a quality parameter is a received signal strength indication (RSSI) value. If the original identifier is used as the input value, the obtained shortened check value may then be used for generating the shortened identifier of the original identifier. For instance, the shortened identifier may be the shortened check value. (Note: a check value can also be a linear value in areas such as data analysis, programming, and system validation.).)
Regarding claim 6, WIROLA '102 discloses the apparatus according to claim 1, wherein the provided encoded at least one sample measurement is provided in a single message ([ para 0079, 0134] wherein it is disclosed that a shortened identifiers and/or said at least one original identifier are provided in a payload of a single message and/or a single packet. In paragraph 0134, Wirola discloses an apparatus receiving a message with original and shortened identifiers. Note: The shortened and original identifiers provided contains information relevant to the identifiers.)
Regarding claim 7, WIROLA '102 discloses the apparatus according to claim 1, wherein the encoded at least one sample measurement is provided as two discreet messages [[para 0078] wherein Wirola discloses, a message may be comprised of multiple or only a single packet. Apart from a data limit for a message or packet, there may also be a message or packet limit per day. Also noting that the first apparatus may not be allowed to send more than n messages per day, with n being 200 or less, preferably 150 or less. For instance, the first apparatus may not receive more than n messages per day, with n being 10 or less preferably 5 or less (e.g. 2).)
Regarding claim 11, WIROLA '102 discloses the apparatus according to claim 1, the at least one memory and the computer program code configured to, with the at least one processor, cause the apparatus further to perform: - obtain a position information determined based, at least in part, on the provided encoded at least one sample measurement [para 0009-0015, 0019 and 0035] wherein an apparatus comprising at least one memory and the computer program code configured to, with the at least one processor, cause the apparatus further to perform the method according to the first or second aspect. Paragraph 0010 discloses obtaining multiple original identifiers, identifying respective first radio networks or nodes thereof. Furthermore, paragraph 0035 discloses positioning data of a network or a node may comprise information about the geographical position of the node of the radio network. In other words, the positioning data/information contains geographical positioning information.)
Regarding claims 12 and 17, see claim 1 for rejection.
Regarding claim 13, WIROLA '102 discloses the method according to claim 12, wherein a respective full identifier information is represented by six octets, and a respective partial identifier information is represented by one octet, and the part of the respective full identifier information is a last octet of the respective obtained identifier information ([para 0039, 0060] wherein Wirola '102 discloses a scenario of the original identifier being a WLAN MAC address, the identifier is 6 bytes and, thus, the first apparatus would normally only be able to send a message carrying only two WLAN MAC addresses. Paragraph 0060 discloses certain, e.g. first, last or middle, (consecutive) information units or a certain section of the original identifier may be used in order to generate the shortened identifier. As an example, the last one, two, three four byte(s) of an original identifier may be used as the shortened identifier. (Note: Byte and octet are interchangeable and mean the same thing.).).
Regarding claim 14, WIROLA '102 discloses the method according to claim 12, wherein the at least one signal strength information of the encoded at least one sample measurement is represented by 4 bits ([para 0060] wherein Wirola '102 discloses an example, the last one, two, three four byte(s) of an original identifier may be used as the shortened identifier.).
Regarding claim 15, WIROLA '102 discloses the method according to claim 14, wherein the at least one signal strength information of the encoded at least one sample measurement is converted into a linear value, wherein the conversion is based on at least one of pre-defined signal strength values or pre-defined signal strength ranges of the gathered signal strength information mapped to the respective linear values ([para 0055, 0066] wherein Wirola '102 discloses the original identifiers are selected at least in part based on a quality parameter of signals of respective first radio networks or nodes thereof. An example of a quality parameter is a received signal strength indication (RSSI) value. If the original identifier is used as the input value, the obtained shortened check value may then be used for generating the shortened identifier of the original identifier. For instance, the shortened identifier may be the shortened check value. (Note: a check value can also be a linear value in areas such as data analysis, programming, and system validation.)
Regarding claim 16, WIROLA '102 discloses the method according to claim 12, wherein the encoded at least one sample measurement is provided as two discreet messages ([para 0078] wherein Wirola '102 discloses, a message may be comprised of multiple or only a single packet. Apart from a data limit for a message or packet, there may also be a message or packet limit per day. Also noting that the first apparatus may not be allowed to send more than n messages per day, with n being 200 or less, preferably 150 or less. For instance, the first apparatus may not receive more than n messages per day, with n being 10 or less preferably 5 or less (e.g. 2).).
Regarding claim 18, WIROLA' 102 discloses the non-transitory computer-readable medium according to claim 17, wherein a respective full identifier information is represented by six octets, and a respective partial identifier information is represented by one octet, and the part of the respective full identifier information is a last octet of the respective obtained identifier information ([para 0039, 0060] wherein Wirola '102 discloses a scenario of the original identifier being a WLAN MAC address, the identifier is 6 bytes and, thus, the first apparatus would normally only be able to send a message carrying only two WLAN MAC addresses. Paragraph 0060 discloses certain, e.g. first, last or middle, (consecutive) information units or a certain section of the original identifier may be used in order to generate the shortened identifier. As an example, the last one, two, three four byte(s) of an original identifier may be used as the shortened identifier. (Note: Byte and octet are interchangeable and mean the same thing.).).
Regarding claim 19, WIROLA '102 discloses the non-transitory computer-readable medium according to claim 17, wherein the at least one signal strength information of the encoded at least one sample measurement is represented by 4 bits ([para 0060] wherein Wirola '102 discloses an example, the last one, two, three four byte(s) of an original identifier may be used as the shortened identifier.).
Regarding claim 20, WIROLA '102 discloses the non-transitory computer-readable medium according to claim 19, wherein the at least one signal strength information of the encoded at least one sample measurement is converted into a linear value, wherein the conversion is based on at least one of pre-defined signal strength values or pre-defined signal strength ranges of the gathered signal strength information mapped to the respective linear values ([para 0055, 0066] wherein Wirola '102 discloses the original identifiers are selected at least in part based on a quality parameter of signals of respective first radio networks or nodes thereof. An example of a quality parameter is a received signal strength indication (RSSI) value. If the original identifier is used as the input value, the obtained shortened check value may then be used for generating the shortened identifier of the original identifier. For instance, the shortened identifier may be the shortened check value. (Note: a check value can also be a linear value in areas such as data analysis, programming, and system validation.).)
Claim 3 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Wirola (US 20210022102, hereinafter Wirola '102), Akkarakaran et al. (20200205104, hereinafter Akkarakaran et al.), Wirola et al. (US 20160054427, hereinafter Wirola '427) in view of Wirola et al. (US 20200386848, hereinafter Wirola '848)
Regarding claim 3, WIROLA '102, Akkarakaran, and Wirola '427 discloses the claimed invention, but fails to disclose an apparatus according to claim 1, wherein the at least one signal strength information of the encoded at least one sample measurement is represented by 4 bits.
However, Wirola '848 discloses an apparatus according to claim 1, wherein the at least one signal strength information of the encoded at least one sample measurement is represented by 4 bits ([para 0082] wherein Wirola '848 discloses one or more identifier information, and optionally the one or more signal strength value representations may for instance be of a short length (e.g. one hexadecimal number, 4 bits or even shorter).).
Therefore, it would have been obvious to one of ordinary skill in the art before the
effective filing date of applicant' S claimed invention to have incorporated the teachings of Wirola '848 into the invention of Wirola '102, Akkarakaran, and Wirola '42 in order to shorten the length of the encoded sample measurement into 16 values (4 bits), which will optimize performance and make for a faster data transfer. (Note: For the purpose of this application the examiner is treating the term "information" as "value" in order to conduct a proper examination.)
Regarding claim 5, WIROLA '102, Akkarakaran, and Wirola '427 discloses the claimed invention, but fails to disclose wherein the encoded at least one sample measurement is allowed to comprise up to five converted signal strength information.
However, Wirola '848 discloses encoded at least one sample measurement is allowed to comprise up to five converted signal strength information ([para 0082] wherein Wirola '848 discloses the one or more signal strength value may for instance be represented by the respective signal strength representation, e.g. by 6 bits (e.g. a signal strength range from - -30 to -90 dBm equaling a range of 60 dB). In the case of 6 bits length for a respective signal strength value representation, those 6 bits may be sufficient for enabling the data packet to carry the respective signal strength value representation in a resolution of one dB. In case a resolution of two dB is sufficient, the respective signal strength value representation may for instance be represented by 5 bits (60 dB range at two dB resolution equals 30 possible values, thus 5 bits).).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant' S claimed invention to have incorporated the teachings of Wirola '848 into the invention of Wirola '102, Akkarakaran, and Wirola '42 in order to compress the identifier information and/or the received signal strength information of multiple radio nodes to a sufficiently small size to enable their transmission over limited bandwidth.
Claim 8 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Wirola (US 20210022102, Wirola '102) in view of Akkarakaran et al. (US 20200205104, hereinafter Akkarakaran et al.), Wirola et al. (US 20160054427, hereinafter Wirola '427) in further view of Rune et al. (US 20210014827, hereinafter Rune et al.)
Regarding claim 8, WIROLA '102, Akkarakaran, Wirola '427 discloses the claimed invention, but fails to disclose wherein a first discreet message of the two discreet messages comprises one of the maximum of two full identifier information of the respective radio nodes, is allowed to comprise at a maximum the three partial identifier information and is allowed to comprise the respective signal strength information of the respective radio nodes whose identifier information, or a part of it, is comprised by the first discreet message.
However, Rune et al. discloses wherein a first discreet message of the two discreet messages comprises one of the maximum of two full identifier information of the respective radio nodes, is allowed to comprise at a maximum the three partial identifier information and is allowed to comprise the respective signal strength information of the respective radio nodes whose identifier information, or a part of it, is comprised by the first discreet message ([para 0025] wherein Rune et al discloses receiving first paging information that comprises determining whether one of the one or more short identifiers matches a portion of the full identifier of the wireless device. Upon determining one of the one or more short identifiers matches a portion of the full identifier of the wireless device.)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant' S claimed invention to have incorporated the teachings of Rune et al. into the invention of Wirola '102, Akkarakaran et al., Wirola '427 in order to reduce the size of the at least one sample measurement and/or of the message, ensuring a smooth transfer of data.
Regarding claim 9, WIROLA '102, Akkarakaran, and Wirola '427 discloses the claimed invention, but fails to disclose wherein a second discreet message of the two discreet messages comprises another one of the maximum of two full identifier information of the respective radio nodes, is allowed to comprise at a maximum three further partial identifier information not comprised by the first discreet message, and is allowed to comprise the respective signal strength information of the respective radio nodes whose identifier information, or a part of it, is comprised by the second discreet message.
However, Rune et al. discloses wherein a second discreet message of the two discreet messages comprises another one of the maximum of two full identifier information of the respective radio nodes, is allowed to comprise at a maximum three further partial identifier information not comprised by the first discreet message, and is allowed to comprise the respective signal strength information of the respective radio nodes whose identifier information, or a part of it, is comprised by the second discreet message ([para 0029] wherein
Rune et al discloses the second paging information may include one or more partial identifiers. Each partial identifier comprises remaining bits of a full identifier that were not included in an associated short identifier in the first paging information. Further, determining that the second paging information includes paging information targeted for the wireless device comprises determining that a combined short identifier and partial identifier matches the full identifier of the wireless device.).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant's claimed invention to have incorporated the teachings of Rune et al. into the invention of Wirola '102, Akkarakaran, and Wirola '427 in order to reduce the size of the at least one sample measurement and/or of the message, ensuring a seamless transfer of data due to the size of data being transmitted. Note: It is noted that the terms "first discreet message" and "second discreet message" do not specify the order in which the first discreet message and the second discreet message may be provided by the first apparatus (respectively be received e.g. by the second apparatus).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Wirola et al. (US 20210022102, hereinafter Wirola '102), Akkarakaran et al. (US 20200205104, hereinafter Akkarakaran et al.), Wirola et al. (US 20160054427, hereinafter Wirola '427) and Rune et al. (US 20210014827, hereinafter Rune et al.) in view of Daoura et al. (US 20210274315, hereinafter Daoura et al.).
Regarding claim 10, WIROLA '102, Akkarakaran, Wirola '427, and Rune discloses the claimed invention, but fails to disclose wherein the second discreet message is allowed to comprise a checksum of the first discreet message.
However, Daoura et al. discloses wherein the second discreet message is allowed to comprise a checksum of the first discreet message ([para 0156, 0214, Fig. 33] wherein Daoura et al. discloses the view of a message structure that contains radio information such as an IP packet that contains a Cyclic Redundancy Check or (CRC). Note: The term "Check" also refers to a checksum.).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant' S claimed invention to have incorporated the teachings of Daoura into the invention of Wirola '102, Akkarakaran et al., Wirola '427, and Rune in order to check the integrity of the encrypted message received, ensuring the data transmitted has not been corrupted.
Response to Arguments
Applicant's arguments filed 2-6-26 have been fully considered but they are not persuasive. The amendments do not substantially alter the scope of the claims as previously set forth and do not overcome the section 112 second paragraph rejection. For example, the claim may be interpreted to recite that “one sample measurement” comprises all three of the subsequently listed types of information which were obtained from a plurality of other (more than one) sample measurements.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN SHAUN KELLEY whose telephone number is (571)272-5652. The examiner can normally be reached Mondays to Fridays.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jeanette Parker can be reached at (571)270-3647. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/STEVEN S KELLEY/Primary Examiner, Art Unit 2646
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