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 .
DETAILED ACTION
Response to Arguments
Applicant's arguments filed 12/31/2025 have been fully considered but they are not persuasive.
Applicant argues that Bull (US 2002/0198055) does not teach or suggest the amended elements, including the declaration of a target device, the first and second predetermined periods, and the specific alerts for leash establishment and breakage. However, as detailed in the rejections below, Bull teaches a proximity-based tagging mechanic where a target is assigned (declared), a connection is established upon entering range (digital leash), alerts are provided to both players during the process, and the ability to evade (break) within a time period is inherent, with implicit notifications via cessation of alerts.
The amendments do not overcome the prior art as they refine elements already taught or suggested by the references. The rejections are updated to address the amended language.
Claim Rejections - 35 USC § 102
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 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 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) 1, 3-15, 18-23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bull (US 2002/0198055 A1) or, in the alternative, under 35 U.S.C. 103 as obvious over Bull (US 2002/0198055 A1) in view of Nocon (US 2020/0254336 A1).
1. Bull discloses a non-transitory computer-readable storage medium comprising executable instructions, which when executed by a processor cause a first mobile device to:
receive a GPS location of the first mobile device devices and receive a GPS location of one or more discoverable mobile devices, wherein at least one of the one or more discoverable devices is declared to be a target device for the first mobile device (i.e. player 2 is assigned as a target to player 1), [0014]-[0015], [0023];
obtain a distance between the first mobile device and the one or more discoverable mobile devices based on the GPS locations [0005], [0014]-[0016];
display, on a user interface of the first mobile device, the GPS locations of the first mobile device and one or more discoverable mobile devices (i.e. grid display with icons updating positions), [0018], [0022]-[0024];
display, on the user interface, movement of the first mobile device and the one or more discoverable devices based on a plurality of GPS locations received [0018], [0022]-[0024];
determine when the first mobile device is within a pre-defined distance from one of the target device (i.e. e.g., 10 feet), [0005], [0014], [0016], (claim 29, 33);
establish a digital leash that tethers the first mobile device to the target device (i.e. proximity maintenance for tagging period acts as tether), [0014]-[0016], [0026], [0037];
alert the target device that the digital leash has been established (i.e. beeps/blinking icons alert target upon entering range), [0020], [0026]-[0027];
provide an alert to a user of the first mobile device when the digital leash has been established for a first predetermined period of time (i.e. after 2 minutes, "tag successful" message), [0020], [0029]-[0030];
enabling the target device to break the digital leash by moving to a location outside of the pre-defined distance within a second predetermined period of time (i.e. evade by separating before 2 minutes completes tag), [0016], [0026]; and
if the target device breaks the digital leash, informing the user of the first mobile device and a user of the target device that the digital leash has been broken (i.e. cessation of beeps/blinking informs both of failed tag), [0016]-[0017], [0026]-[0027].
Bull's single 2-minute period corresponds to both first and second periods under broadest reasonable interpretation. Alternatively, Nocon teaches distinct periods for tagging/unfreezing, [0016], [0051]-[0052], rendering separate periods obvious for enhanced gameplay.
Alternatively, if it is not inherent that the location of the mobile device is determined by GPS, Nocon discloses the location of the mobile device is determined by GPS [0030]. It would have been obvious to a person of ordinary skilled in the art to modify Bull with Nocon and would have been motivated to do so to have a more precise location of the mobile devices.
3. Bull discloses the non-transitory computer readable storage medium of claim 1, wherein the digital leash is enhanced through the use of a short-range communication protocol [0016].
4. Bull discloses the non-transitory computer readable storage medium of claim 3, wherein the short- range communication protocol is Bluetooth [0016].
5. Bull discloses the non-transitory computer readable storage medium of claim 3, wherein the short- range communication protocol is ultra-wideband [0016].
6. Bull discloses the non-transitory computer readable storage medium of claim 1, wherein a geofence is established, the geofence defining an area of active play, wherein the first mobile device receives the GPS location when the one or more discoverable mobile devices are located in the area of active play (i.e. game is played/active only in game area/adventure zone), [0005], [0014], [0022], [0036].
7. Bull discloses the non-transitory computer readable storage medium of claim 6 wherein, the geofence prevents the first mobile device from using the GPS location of the one or more discoverable mobile devices when the one or more discoverable devices are located outside of the area of active play (i.e. game is played/active only in game area/adventure zone), [0005], [0014], [0022], [0036].
8. Bull discloses the non-transitory computer readable storage medium of claim 1, wherein a geofence is established, the geofence defining an area off limits to active play, wherein receipt and/or usage of GPS locations of the one or more discoverable mobile devices are suppressed when the one or more discoverable mobile devices are located in the area off limits to active play (i.e. game is played/active only in game area/adventure zone), [0005], [0014], [0022], [0036].
9. Bull discloses the non-transitory computer readable storage medium of claim 8, wherein receipt and/or usage of GPS locations of the one or more discoverable devices are suppressed when the first mobile device is located in the area off limits to active play (i.e. game is played/active only in game area/adventure zone), [0005], [0014], [0022], [0036].
10-15. Bull or Bull in view of Nocon discloses a non-transitory computer-readable storage medium comprising executable instructions, which when executed by a processor cause a first mobile device to: receive a GPS location of the first mobile device; transmit the GPS location of the first mobile device to a system; receive a GPS location of one or more discoverable mobile devices, wherein at least one of the one or more discoverable devices is declared to be a target device for the first mobile device; estimate a proximity between the first mobile device and the one or more discoverable mobile devices; transmit the estimated proximity between the first mobile device and the one or more discoverable mobile devices to the system; determine when an estimated proximity between the first mobile device and the target device is within a predefined threshold; establish a digital leash that tethers the first mobile device to the target device when the estimated proximity is within the predefined threshold; alert the target device that the digital leash has been established for a first predetermined period of time; and receive an alert when the digital leash has been broken within a second predetermined period of time, the digital leash being broken when the estimated proximity between the first mobile device and the target device is outside of the predefined threshold as similarly discussed above (i.e. In one embodiment, a tag is made on a controlling device server), [0016].
18. Bull or Bull in view of Nocon discloses a non-transitory computer-readable storage medium comprising executable instructions, which when executed by a processor cause a system to: receive location information of a first mobile device; receive location information of one or more discoverable mobile devices; determine a first distance between the first mobile device and the one or more discoverable mobile devices, wherein at least one of the one or more discoverable devices is declared to be a target device for the first mobile device; provide the location information of the target device to the first mobile device; receive, from the first mobile device, a second distance between the first mobile device and the target device; alert the first mobile device when the second distance is within a predefined distance threshold for a first predetermined period of time for creating a digital leash; and alert the first mobile device when the digital leash has been broken within a second predetermined period of time, the digital leash being broken when the second distance is outside the predefined distance threshold after the digital leash is created as similarly discussed above (i.e. In one embodiment, a tag is made on a controlling device server), [0016].
19-20. Bull discloses the non-transitory computer-readable storage medium of claim 18 and further comprising receiving, from the first mobile device, information to establish an enhanced distance between the first mobile device and the one or more discoverable mobile devices, wherein the enhanced distance is determined by RSSI [0016].
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 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.
Claim(s) 21-23 are rejected under 35 U.S.C. 103 as being unpatentable over Bull (US 2002/0198055 A1) as applied above and further in view of Hall (US 2012/0157210 A1).
21-23. Bull discloses the invention above, but does not expressly disclose wherein a reward geofence is established, the reward geofence defining a reward area, wherein the target device receives a bonus, a new life, or other reward when the target device is located within the reward geofence. Hall disclose wherein a reward geofence is established, the reward geofence defining a reward area, wherein the target device receives a reward when the target device is located within the reward geofence [0090]. It would have been obvious to a person of ordinary skilled in the art to modify Bull with Hall and would have been motivated to do so to increase the entertainment value of the game with a rewarding process.
Filing of New or Amended Claims
The examiner has the initial burden of presenting evidence or reasoning to explain why persons skilled in the art would not recognize in the original disclosure a description of the invention defined by the claims. See Wertheim, 541 F.2d at 263, 191 USPQ at 97 (“[T]he PTO has the initial burden of presenting evidence or reasons why persons skilled in the art would not recognize in the disclosure a description of the invention defined by the claims.”). However, when filing an amendment an applicant should show support in the original disclosure for new or amended claims. See MPEP § 714.02 and § 2163.06 (“Applicant should specifically point out the support for any amendments made to the disclosure.”). Please see MPEP 2163 (II) 3. (b)
Conclusion
All claims are identical to or patentably indistinct from, or have unity of invention with claims in the application prior to the entry of the submission under 37 CFR 1.114 (that is, restriction (including a lack of unity of invention) would not be proper) and all claims could have been finally rejected on the grounds and art of record in the next Office action if they had been entered in the application prior to entry under 37 CFR 1.114. Accordingly, THIS ACTION IS MADE FINAL even though it is a first action after the filing of a request for continued examination and the submission under 37 CFR 1.114. See MPEP § 706.07(b). 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.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SENG H LIM whose telephone number is (571)270-3301. The examiner can normally be reached Monday-Friday (9-5).
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, David Lewis can be reached on (571) 272-7673. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Seng H Lim/Primary Examiner, Art Unit 3715