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 with respect to the pending claims have been considered but are moot because of the new ground of rejection below.
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) 1, 4-11, 13-15, 18-20, 24 are rejected under 35 U.S.C. 103 as obvious over Bull (US 2002/0198055 A1) in view of Daoura (US 2021/0152976 A1) and Sendonaris (US 2018/0224519 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 location of the first mobile device and receive a location of one or more discoverable mobile devices, wherein at least one of the one or more discoverable devices is declared/assigned 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 first distance between the first mobile device and the one or more discoverable mobile devices based on proximity operating mode (i.e. 10 feet) by obtaining multiple times during a duration of the proximity operating mode a second distance between the first mobile device and the one or more discoverable mobile device through use of a short-range communication protocol (Bluetooth or RF), [0005], [0014]-[0016];
display, on a user interface of the first mobile device, the locations of the first mobile device and one or more discoverable mobile devices based on the first distance or second distance, and display movement of the devices based on a plurality of locations received based on the first distance or second distance, (i.e. grid display with icons updating positions), [0018], [0022]-[0024];
determine when the first mobile device is within a pre-defined distance from the target device (i.e. 10 feet), [0005], [0014], [0016], claims 29 and 33;
establish a digital leash that tethers the first mobile device to the target device (sustained proximity maintenance required for tagging), [0014]-[0016], [0026], [0037];
alert the target device that the digital leash has been established (beeps, blinking icons, voice cues), [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 (e.g., 2 minutes of sustained proximity), [0020], [0029]-[0030];
enable 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), [00016], [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 does not expressly disclose enter a first operating mode to receive a GPS location of the first mobile device and receive a GPS location of one or more discoverable mobile devices; obtain a first distance between the first mobile device and the one or more discoverable mobile devices based on the GPS locations; when the first distance based on the GPS locations becomes less than a predetermined threshold distance, enter a proximity operating mode to obtain multiple times during a duration of the proximity operating mode a second distance through use of a short-range communication protocol; create a fused distance between the first mobile device and the one or more discoverable mobile devices by combining the first distance with the second distance, wherein the fused distance D is calculated using an inverse variance estimate according to the following formula:
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or display locations and movement based on one or more of the first distance, the second distance, and the fused distance.
Daoura teaches enter a first operating mode using GPS or network-assisted location (AGPS, PoLTE, cellular) to obtain coarse or wide-area location and distance, and when devices come within a proximity or distance threshold or a radio tether is established, enter a proximity operating mode that obtains a second, fine-grained distance through Bluetooth (RSSI or path loss) multiple times while the devices remain in range, [0099]-[0101], [0181], [0185]. Daoura teaches a hybrid dual-radio system that “combines the Cellular Remote Locator Services Toolkit and the Bluetooth Proximity Locator Services Toolkit,” uses cellular or GPS for general location over longer distances, and uses Bluetooth for precise proximity when RSSI indicates the devices are within range, [0099]-[0101], [0185]. Daoura further teaches displaying updated locations as waypoints and using the hybrid result for tracking and tether enforcement, [0099]-[0101].
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Bull to enter a GPS-based first operating mode, compute a first GPS distance, and, when that first distance becomes less than a predetermined threshold, enter a proximity operating mode that repeatedly obtains a second short-range (Bluetooth) distance, as taught by Daoura. Bull already operates a proximity tag or digital leash on mobile devices in a play area and already uses Bluetooth or RF for the close-range tag. Daoura supplies the well-known dual-radio pattern of using GPS or cellular for coarse distance at long range and switching to or activating Bluetooth ranging once the devices are close enough for a radio tether. A skilled artisan would have made the combination to improve accuracy of the leash as players close in, to conserve power by relying on low-power Bluetooth when in range, and to retain wide-area tracking when Bluetooth is unavailable. The result is a predictable use of known multi-radio ranging in Bull’s tag game.
Bull in view of Daoura does not expressly disclose create a fused distance by combining the first distance with the second distance wherein the fused distance D is calculated using an inverse variance estimate according to the following formula:
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Sendonaris teaches determining a first estimate using a first positioning technology and a second estimate using a second positioning technology, and determining a final estimate using a weighted combination of those estimates (Abstract), (Fig. 2, 3), [0024], [0025], [0035], [0041], (claim 1). Sendonaris teaches that the technologies include a satellite network and a network of local beacons (Bluetooth, WiFi, or other), [0019]. Sendonaris teaches, in paragraph [0040]-[0042], that, under a Gaussian assumption, the final estimate is the inverse-variance weighted average. Sendonaris explains that each uncertainty metric is converted into a variance, a weight is formed as the ratio of that inverse variance to the sum of inverse variances, and the final estimate is the sum of the individual estimates scaled by those weights. For two measurements this is algebraically identical to applicant’s formula. Sendonaris further recites determining first and second variances from first and second uncertainty metrics, determining a total variance, and forming weights as the ratios of the individual variances to the total variance (claim 6).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the GPS-plus-Bluetooth hybrid of Bull in view of Daoura to create the fused distance by combining the GPS first distance and the short-range second distance using the inverse-variance estimator taught by Sendonaris. Daoura already obtains both a wide-area (GPS or cellular) measurement and a Bluetooth proximity measurement when the devices are close, but treats them in a complementary or switching manner. Sendonaris teaches the standard estimator for combining two positioning estimates according to their uncertainties so that the more accurate measurement is trusted more. A skilled artisan implementing Bull’s digital leash, once already obtaining both a GPS distance and a Bluetooth distance as taught by Daoura, would have used Sendonaris’s inverse-variance weighted average to produce a single fused distance for display, thresholding, and leash enforcement. The motivation is specific to the missing formula which is to reduce error in the proximity used to start, maintain, and break the leash by weighting each ranging source by the inverse of its computed variance, which is the conventional minimum-variance combination of two independent measurements. The combination yields no more than the predictable result of applying a known statistical combiner to two ranging sources already present in the Bull/Daoura hybrid.
4. Bull, Daoura and Sendonaris discloses the non-transitory computer readable storage medium of claim 1, wherein the short- range communication protocol is Bluetooth, Bull [0016].
5. Bull, Daoura and Sendonaris discloses the non-transitory computer readable storage medium of claim 1, wherein the short- range communication protocol is ultra-wideband Bull [0016].
6. Bull, Daoura and Sendonaris 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), Bull [0005], [0014], [0022], [0036].
7. Bull, Daoura and Sendonaris 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), Bull [0005], [0014], [0022], [0036].
8. Bull, Daoura and Sendonaris 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), Bull [0005], [0014], [0022], [0036].
9. Bull, Daoura and Sendonaris 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), Bull [0005], [0014], [0022], [0036].
10, 11, 13-15. Bull, Daoura and Sendonaris discloses a non-transitory computer-readable storage medium comprising executable instructions, which when executed by a processor cause a first mobile device to: enter a first operating mode 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 first distance indicative of proximity between the first mobile device and the one or more discoverable mobile devices based on their respective GPS locations; when the first distance between the first mobile device and the one or more discoverable mobile devices based on the GPS locations becomes less than a predetermined threshold distance, enter a proximity operating mode to: obtain multiple times during a duration of the proximity operating mode a second distance between the first mobile device and the one or more discoverable mobile devices through use of a short-range communication protocol; create a fused distance between the first mobile device and the one or more discoverable mobile devices by combining the first distance with the second distance, wherein the fused distance D is calculated using an inverse variance estimate according to the following formula:
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transmit the estimated proximity between the first mobile device and the one or more discoverable mobile devices to the system based on one or more of the first distance, the second distance, and the fused distance; determine when an estimated proximity between the first mobile device and the target device is within a predefined threshold based on one or more of the first distance, the second distance, and the fused distance; 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.
18, 24. Bull, Daoura and Sendonaris discloses a non-transitory computer-readable storage medium comprising executable instructions, which when executed by a processor cause a system to: enter a first operating mode 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 through use of a short-range communication protocol; create a fused distance between the first mobile device and the one or more discoverable mobile devices by combining the first distance with the second distance, wherein the fused distance D is calculated using an inverse variance estimate according to the following formula:
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alert the first mobile device when the second distance and/or the fused 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.
19-20. Bull, Daoura and Sendonaris 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, Bull [0016].
Claim(s) 21-23 are rejected under 35 U.S.C. 103 as being unpatentable over Bull (US 2002/0198055 A1), Daoura (US 2021/0152976 A1) and Sendonaris (US 2018/0224519 A1) as applied above and further in view of Hall (US 2012/0157210 A1).
21-23. Bull, Daoura and Sendonaris 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
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.
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, Xuan Thai can be reached at (571) 272-7147. 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
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