DETAILED ACTION
Response to Arguments
Applicant's arguments filed 10/7/2026 have been fully considered but they are not persuasive.
Regarding Applicant’s argument (page 7, remark 4) that the objection to the drawings should be withdrawn because corrected drawings have been submitted, Examiner agrees, and the objection is withdrawn.
Regarding Applicant’s argument (pages 7-8, remark 5), that the “1 meter” distance is only an example, and that the claim 1 term “expected measurement of power related to the beacon” is therefore not limited to a distance of 1 meter, Examiner agrees.
Regarding Applicant’s argument (page 8, remark 6), that the amended claims comply with 35 U.S.C. 112(b), Examiner agrees in part. The rejection related to the relationship between the first and second distances in claims 1 and 12 has been maintained, as this rejection does not appear to have been addressed by the amendments or arguments. Further, a new rejection of claims 1 and 12 has been made, necessitated by the amendments, which change “ones of the averaged beacon to gateway measurements” to “one of the averaged beacon to gateway measurements. The remaining rejections have been withdrawn in view of the amendments.
Regarding Applicant’s argument (page 9, remark 8), that amended claims 12-23 are patent eligible under 35 U.S.C. 101, Examiner agrees, and the 35 U.S.C. 101 rejection is withdrawn.
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 1-22 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.
Regarding claim 1 lines 14-15 and corresponding portions of claim 12, the scope of the amended language includes calculating second distances between the beacon and the gateways based on only one of the averaged beacon to gateway measurements. It is unclear how a plurality of distances between the beacon and the gateways can be calculated using only one averaged beacon to gateway measurement. It would appear that one averaged beacon to gateway measurement would be sufficient to calculate only the distance between the beacon and one gateway.
Regarding claim 1 lines 12-19 and corresponding portions of claim 12, first distances are calculated in lines 12-14 but are not used for any purpose in the subsequent steps.
According to the specification, the first distances (distances “Dj” calculated according to para. [0083]) are used to select the “averaged beacon to gateway measurements” that are used in lines 14-16 to calculate second distances and determine position (para. [0087] “The reference points… with the ‘m’ lowest values for Dj are then selected”; para. [0088] “selected gateways”, “physical distance, d, is calculated for each gateway”; para. [0093] “final estimated location”). However, the claim does not recite this relationship between the first and second distances, leaving a gap between the elements that renders the scope of the claim indefinite, as what is recited in the claim is inconsistent with what is described in the specification. Examiner recommends amending the claim to include the relationship between the first distances and the second distances.
The remaining claims are dependent.
Allowable Subject Matter
Claims 1-22 would be allowable if rewritten or amended to overcome the rejections under 35 U.S.C. 112(b) and 35 U.S.C. 101 set forth in this Office action.
Please see the 7/7/2025 non-final office action for a statement of reasons for the indication of allowable subject matter.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 CASSI J GALT whose telephone number is (571)270-1469. The examiner can normally be reached Monday-Friday, 9AM - 5PM EST.
Examiner interviews are available via telephone, in-person, 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 http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, WILLIAM KELLEHER can be reached at (571)270-5144. 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.
/CASSI J GALT/Primary Examiner, Art Unit 3648
Prosecution Insights