DETAILED ACTION
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 .
Response to Amendment
In the amendments filed June 8th, 2026, the following has occurred: claims 24-37 and 41-47 remain pending in this application.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 24, 26-27, 33, 35, and 37 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jin et al.( US 20140108780 A1, “Jin”) in view of Ackerman et al. (US 5539705 A, “Ackerman”) and Peng et al. (US 20080304361 A1, “Peng”).
Regarding claim 24, Jin discloses an acoustic many-to-many localization, communication and management method serving a group whose members are moving or maneuvering, the method comprising: distributing plural portable hardware devices to plural group members, moving or maneuvering on land, over a terrain respectively(Fig. 1, [0028] a plurality of mobile devices communicate together via sound signals within a communication region),
each device including at least one array of speakers, at least one array of microphones (Fig. 2, [0027] mobile device sound transmitters may include one or more speakers and sound receivers (210) may include one or more microphones),
and at least one hardware processor (Fig. 2 (250), all co-located (Fig. 2 illustrates the sound receiver (210) sound transmitter (280) and the control unit (250) all co-located)(the communications are taking place between a plurality of mobile devices, they are implicitly serving a group of members who may be moving on land).
Jin fails to teach
wherein at least one device's at least one hardware processor P is configured to convert speech e.g. commands, captured by at least one hardware processor P's co-located at least one array of microphones, into ultrasonic signals which travel through air to a device whose at least one hardware processor P' is not co-located with at least one hardware processor P
and wherein at least one hardware processor P' is configured to convert the ultrasonic signals, when received, back into sonic signals which are provided to, and played by, the at least one speaker co-located with at least one hardware processor P', thereby to allow a group member co-located with at least one hardware processor P' to hear speech uttered by a group member co-located with at least one hardware processor P;
wherein at least one device y from among the plural portable hardware devices sends a localization request signal through air to at least a device x from among the plural portable hardware devices, and wherein device y knows when device y sent said localization request signal and thus when a responsive signal is received from device x, defining a round trip from device y to device x and back to device y, device y computes its own distance from device x, based on duration of the round trip and on the known velocity of sound.
Ackerman teaches
wherein at least one device's at least one hardware processor P is configured to convert speech e.g. commands, captured by at least one hardware processor P's co-located at least one array of microphones, into ultrasonic signals which travel to a device whose at least one hardware processor P' is not co-located with at least one hardware processor P ([column 6, lines 26-33], ultrasonic transmitting device receives sound signals such as voice signals at a microphone and converts to electronic audio signals)
and wherein at least one hardware processor P' is configured to convert the ultrasonic signals, when received, back into sonic signals which are provided to, and played by, the at least one speaker co-located with at least one hardware processor P', thereby to allow a group member co-located with at least one hardware processor P' to hear speech uttered by a group member co-located with at least one hardware processor P. ([column 6, lines 26-33], ultrasonic transmitting device receives sound signals such as voice signals at a microphone)([columns 7-9] describe the ultrasonic receiving device’s operation culminating in [column 9, lines 5-16], where a reproduction of the original audio signal is played at the device speaker)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention, to modify the method of Jin to include teachings of Ackerman, in order to yield an acoustic many-to-many localization, communication and management method which enables users to locate one another and navigate to one another in a variety of environments while enabling them to communicate with one another to coordinate objectives through voice communications across a variety of transmission mediums. Making such a modification amounts to using a known technique to improve a similar method in the same way. See MPEP 2141.III KSR Rationale (C).
Jin, as modified in view of Ackerman fails to teach
wherein at least one device y from among the plural portable hardware devices sends a localization request through air signal to at least a device x from among the plural portable hardware devices, and wherein device y knows when device y sent said localization request signal and thus when a responsive signal is received from device x, defining a round trip from device y to device x and back to device y, device y computes its own distance from device x, based on duration of the round trip and on the known velocity of sound.
Peng teaches
wherein at least one device y from among the plural portable hardware devices sends a localization request signal through air to at least a device x from among the plural portable hardware devices, and wherein device y knows when device y sent said localization request signal and thus when a responsive signal is received from device x, defining a round trip from device y to device x and back to device y, device y computes its own distance from device x, based on duration of the round trip and on the known velocity of sound ([0035]-[0036], acoustic ranging procedure begins with a first device emitting an acoustic signal and in response to receiving a first acoustic signal, a second device emits an acoustic signal and the differences in the time of arrival of both signals allows the devices to calculate a distance between them)([0040], illustrates equations used in order to calculate the times of arrival and therefore the distance, which includes accounting for the speed of sound)([0060] possible sources of error include propagation speed of sound in air varying with temperature and humidity, however their impacts are negligible and are mitigated by taking temperature and humidity into consideration)(as the propagation speed of sound through air is compensated for temperature and humidity, the transmission of signals implicitly takes place through the air).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention, to modify the method of Jin, as modified in view of the teachings of Ackerman, to further include the teachings of Peng, in order to yield an acoustic many-to-many localization, communication and management method which enables users to locate one another and navigate to one another in a variety of environments in which the devices may not have GPS or GNSS coordinates through the use of self-localization methods which enable distances between the devices to be computed. Making such a modification amounts to using a known technique to improve a similar method in the same way. See MPEP 2141.III KSR Rationale (C).
Regarding claim 26, Jin, as modified in view of Ackerman and Peng teaches the method of claim 24. Jin further teaches
wherein plural devices d2 broadcast localization response signals respectively assigned only to them and not to any other device from among the plural devices. ([0028], if a device is the intended target recipient of the encoded message, it will decode the transmission and send a response)
Regarding claim 27, Jin, as modified in view of Ackerman and Peng teaches the method of claim 24. Jin further teaches
wherein the hardware processor in at least one device dl from among the devices controls dl's at least one array of speakers to at least once broadcast a first signal ("localization request signal") at a time wherein at least one of the hardware processors in device dl at least once computes at least one of angle and distance between d2 and dl thereby to monitor locations of other group members who may be on the move.([0079], a first mobile device sends a communications request to another mobile device and receives a response from the second mobile device)([0034] when a sound signal is received by the first mobile device, the location of each source of the received signals is determined.)([0058], if using a mobile device with two microphones, a direction to a sound source may be determined. When using a mobile device with three microphones, a precise location of a mobile device may be determined)(the use of 3 microphones in the mobile device would allow the relative position and direction to between mobile devices to be determined, and that the direction is equivalent to an angular value)
Regarding claim 33, Jin, as modified in view of Ackerman and Peng teaches the method of claim 24. Jin further teaches
wherein said at least one microphone array includes at least 3 microphones, thereby to facilitate triangulation and wherein each device is configured to use triangulation to discern azimuthal orientation of at least one group member.([0034] when a sound signal is received by the first mobile device, the location of each source of the received signals is determined.)([0058], if using a mobile device with two microphones, a direction to a sound source may be determined. When using a mobile device with three microphones, a precise location of a mobile device may be determined)(the use of 3 microphones in the mobile device would allow the relative position and direction to between mobile devices to be determined, and that the direction is equivalent to an angular value)
Regarding claim 35, Jin, as modified in view of Ackerman and Peng teaches the method of claim 24. Ackerman further teaches
which has human-to-human communication functionality which provides group members with an ability to speak to each other in natural language.([column 6, lines 26-33], ultrasonic transmitting device receives sound signals such as voice signals at a microphone)([columns 7-9] describe the ultrasonic receiving device’s operation culminating in [column 9, lines 5-16], where a reproduction of the original audio signal is played at the device speaker)
Regarding claim 37, Jin, as modified in view of Ackerman and Peng teaches the method of claim 24. Jin further teaches
which has device-to-device communication functionality which communicates data generated by an individual group member's at least one hardware processor, to at least one hardware processor in a device distributed to at least one group member other than said individual group member. (Implicit, [0028], mobile device 110 generates an encoded message and broadcasts a sound signal to other mobile devices in the communication region and a target device will then decodes the message if it is determined to be the intended recipient)(a message is a type of data)
Claim(s) 25 and 41 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jin in view of Ackerman, Peng, and Harrel et al. (US 8644113 B2, “Harrel”).
Regarding claim 25, Jin, as modified in view of Ackerman and Peng teaches the method of claim 24. Jin, as modified in view of Ackerman and Peng fails to teach
wherein the at least one hardware processor in one device d2 from among the devices controls d2's at least one array of speakers is configured to do the following each time d2's at least one array of microphones receives a localization request signal: to broadcast2a second signal ("localization response signal"), at a time t b which is separated by a value deltaT, known to the at least one hardware processor in device dl, from a time at which d2's at least one array of microphones receives the localization request signal and wherein the same value deltaT is used by d2 each time d2's at least one array microphone receives a localization request signal.
Harrel teaches
wherein the at least one hardware processor in one device d2 from among the devices controls d2's at least one array of speakers is configured to do the following each time d2's at least one array of microphones receives a localization request signal: to broadcast2a second signal ("localization response signal"), at a time t b which is separated by a value deltaT, known to the at least one hardware processor in device dl, from a time at which d2's at least one array of microphones receives the localization request signal and wherein the same value deltaT is used by d2 each time d2's at least one array microphone receives a localization request signal. ([column 8, lines 63-67]-[column 9, lines 1-6], each signal source emits its respective signal during its own timeslot in order to improve the efficiency and reliability of signal correlation)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention, to modify the method of Jin, as modified in view of the teachings of Ackerman and Peng, to further include the teachings of Harrel, in order to yield an acoustic many-to-many localization, communication and management method which enables users to locate one another and navigate, as well as communicate with one another by using their own respective time slots in such a way where received signals may be accurately correlated with the device from which they are transmitted, allowing group members to know whose device is responsible for a particular communication. Making such a modification amounts to using a known technique to improve a similar method in the same way. See MPEP 2141.III KSR Rationale (C).
Regarding claim 41, Jin, as modified in view of Ackerman, Peng, and Harrel teaches the method of claim 25. Harrel further teaches
wherein the value deltaT (AT) used by any given one of the plural devices d2 is different from the value deltaT (AT) used by any other of the plural devices d2, thereby to reduce interference between plural localization response signals being received by device dl. ([column 8, lines 63-67]-[column 9, lines 1-6], each signal source emits its respective signal during its own timeslot in order to improve the efficiency and reliability of signal correlation)
Claim(s) 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jin in view of Ackerman, Peng, and Hosny (US 7135968 B2, “Hosny”).
Regarding claim 28, Jin, as modified in view of Ackerman and Peng teaches the method of claim 24. Jin, as modified in view of Ackerman and Peng, fails to teach
wherein dl's at least one hardware processor is operative to control dl's at least one array of speaker to send an alert to d2, to be played by d2's at least one array speaker, if the distance between d2 and dl answers a criterion indicating that d2 is almost outside of dl's range.
Hosny teaches
wherein dl's at least one hardware processor is operative to control dl's at least one array of speaker to send an alert to d2, to be played by d2's at least one array speaker, if the distance between d2 and dl answers a criterion indicating that d2 is almost outside of dl's range. (Implicit, [column 4, lines 20-26], teaches ultrasonic transmitter and receiver are configured to trigger an alarm when the distance between the transmitter and receiver are greater than a specified distance)(the specified distance may be set to a value before the devices are out of each other’s range)(Implicit, [column 3, lines 33-36] the alarm may be audio/visual and can indicate to other travelers that the luggage left behind does not belong to any of the present travelers)(the receiver indicating the alarm state would be readily applicable to hardware device d2 being almost out of the range of hardware device d1)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention, to modify the method of Jin, as modified in view of the teachings of Ackerman and Peng, to further include the teachings of Hosny, in order to yield an acoustic many-to-many localization, communication and management method which enables users to locate one another and navigate, as well as notify when a particular group member is close to no longer within range of the others, thus making it possible to prevent group members from getting separated or lost in environments where the geography is not known and GPS/GNSS coordinates may not be accessible. Making such a modification amounts to using a known technique to improve a similar method in the same way. See MPEP 2141.III KSR Rationale (C).
Claim(s) 29-31, and 36 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jin in view of Ackerman, Peng, and Chung (US 20200088835 A1, “Chung”).
Regarding claim 29, Jin, as modified in view of Ackerman and Peng teaches the method of claim 24. Jin, as modified in view of Ackerman and Peng, fails to teach
wherein the system has location marking functionality including providing oral prompts aiding group members to navigate to a location that has been marked.
Chung teaches
wherein the system has location marking functionality including providing oral prompts aiding group members to navigate to a location that has been marked. ([0032]-[0034] group devices may determine a member of the group is missing and prompt other group devices to navigate to look for a missing group member)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention, to modify the method of Jin, as modified in view of the teachings of Ackerman and Peng, to further include the teachings of Chung, in order to yield an acoustic many-to-many localization, communication and management method which enables users to locate one another and navigate, as well as communicate with the added functionality of notifying group members when a group member has become lost, thus allowing the group members to efficiently coordinate rescue efforts to find the missing member. Making such a modification amounts to using a known technique to improve a similar method in the same way. See MPEP 2141.III KSR Rationale (C).
Regarding claim 30, Jin, as modified in view of Ackerman and Peng teaches the method of claim 24. Jin, as modified in view of Ackerman and Peng, may not explicitly teach wherein the system has homing functionality including providing oral prompts aiding all group members to navigate toward a single group member.
Chung teaches wherein the system has homing functionality including providing oral prompts aiding all group members to navigate toward a single group member. (Implicit, [0034] group devices may send a prompt instructing group members to meet at a particular location)(the instruction prompts telling members to meet at a particular location includes that location being a position of a single group member).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention, to modify the method of Jin, as modified in view of the teachings of Ackerman and Peng, to further include the teachings of Chung, in order to yield an acoustic many-to-many localization, communication and management method which enables users to locate one another and navigate, as well as communicate with the added functionality of notifying group members when a single group member has become lost, thus allowing the group members to efficiently coordinate rescue efforts towards a rendezvous point to find the missing member in a situation such as when participating in an outdoor activity in which the terrain may not be previously known to the group. Making such a modification amounts to using a known technique to improve a similar method in the same way. See MPEP 2141.III KSR Rationale (C).
Regarding claim 31, Jin, as modified in view of Ackerman and Peng teaches the method of claim 24. Jin, as modified in view of Ackerman and Peng, fails to teach
wherein a group has a known total number of members and wherein the system has roll call or group member counting functionality which provides alerts to at least one group member when a depleted number of group members, less than the known total number of members, is recorded.
Chung teaches
wherein a group has a known total number of members and wherein the system has roll call or group member counting functionality which provides alerts to at least one group member when a depleted number of group members, less than the known total number of members, is recorded.([0032]-[0034] utilizing a relay transmission system, group devices may determine a member of the group is missing and prompt other group devices to navigate to look for a missing group member)(the period relay transmissions are equivalent to a roll call function)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention, to modify the method of Jin, as modified in view of the teachings of Ackerman and Peng, to further include the teachings of Chung, in order to yield an acoustic many-to-many localization, communication and management method which enables users to locate one another and navigate, as well as communicate with the added functionality of taking roll call among the group members, which allows the group to determine that a member has failed to check in and alerts the group that a member may either be out of range of the group or injured, enabling the group to more efficiently and expediently begin search and rescue efforts for the absent group member. Making such a modification amounts to using a known technique to improve a similar method in the same way. See MPEP 2141.III KSR Rationale (C).
Regarding claim 36, Jin, as modified in view of Ackerman and Peng, teaches the method of claim 24. Jin, as modified in view of Ackerman and Peng, fails to teach
which has device-to-human communication functionality which presents a command provided by an individual group member's at least one hardware processor, to group members other than said individual group member.
Chung teaches
which has device-to-human communication functionality which presents a command provided by an individual group member's hardware processor, to group members other than said individual group member.([0025] operating unit of an interconnected device can send a help message or action instruction to other interconnected devices in the group)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention, to modify the method of Jin, as modified in view of the teachings of Ackerman and Peng, to further include the teachings of Chung, in order to yield an acoustic many-to-many localization, communication and management method which enables users to locate one another and navigate, as well as communicate with an individually addressable functionality, thus allowing a group member to selectively inform another group member of an emergency call or relay instructional information about an itinerary or objective in the event the group members are separated to the point face to face communication is impossible. Making such a modification amounts to using a known technique to improve a similar method in the same way. See MPEP 2141.III KSR Rationale (C).
Claim(s) 32 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jin in view of Ackerman, Peng, and Baxter et al. (US 20110069585 A1, “Baxter”).
Regarding claim 32, Jin, as modified in view of Ackerman and Peng, teaches the method of claim 24. Jin, as modified in view of Ackerman, fails to teach
wherein the system has threat detection and localization functionality which provides alerts to at least one group member when a learned acoustic signature of a threat is sensed by at least one group member's at least one array of microphones.
Baxter teaches wherein the system has threat detection and localization functionality which provides alerts to at least one group member when a learned acoustic signature of a threat is sensed by at least one group member's at least one array of microphones. ([0034] based on when a gunshot occurs, the sound reaches the sensors at different times, and based on the differences in the arrival times, the location of a gunshot is provided to device 120)([0036], acoustic sensor (102) contains a microphone (404) for receiving acoustic information)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention, to modify the method of Jin, as modified in view of the teachings of Ackerman and Peng, to further include the teachings of Baxter, in order to yield an acoustic many-to-many localization, communication and management method which enables a user to determine a firearm has been discharged in their vicinity as well as its origin, thus allowing a group member to seek cover and/or relay information to other group members about danger in the environment and improve the group’s overall safety. Making such a modification amounts to using a known technique to improve a similar method in the same way. See MPEP 2141.III KSR Rationale (C).
Claim(s) 42 and 47 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jin in view of Peng.
Regarding claim 42, Jin discloses an acoustic many-to-many localization, communication and management method serving a group whose members are moving or maneuvering(Fig. 1, [0028] a plurality of mobile devices communicate together via sound signals within a communication region), the method comprising:
providing plural portable hardware devices for distribution to plural group members respectively, each device including at least one array of speakers, at least one array of microphones, and at least one hardware processor, all co-located(Fig. 2, [0027] mobile device sound transmitters may include one or more speakers and sound receivers (210) may include one or more microphones)(Fig. 2 (250) (Fig. 2 illustrates the sound receiver (210) sound transmitter (280) and the control unit (250) all co-located),
wherein the at least one hardware processor in at least one device dl from among the devices controls dl's speaker to at least once broadcast a first signal ("localization request signal") at a time and wherein the at least one hardware processor in device dl at least once computes at least one of angle and distance between d2 and dl thereby to monitor locations of other group members who may be on the move. ([0079], a first mobile device sends a communications request to another mobile device and receives a response from the second mobile device)([0034] when a sound signal is received by the first mobile device, the location of each source of the received signals is determined.)([0058], if using a mobile device with two microphones, a direction to a sound source may be determined. When using a mobile device with three microphones, a precise location of a mobile device may be determined)(the use of 3 microphones in the mobile device would allow the relative position and direction to between mobile devices to be determined, and that the direction is equivalent to an angular value)
Jin fails to teach
wherein at least one device y from among the plural portable hardware devices sends a localization request signal to at least a device x from among the plural portable hardware devices,
and wherein device y knows when device y sent said localization request signal and thus when a responsive signal is received from device x, defining a round trip from device y to device x and back to device y, device y computes its own distance from device x, based a on duration of the round trip and on the known velocity of sound.
Peng teaches
wherein at least one device y from among the plural portable hardware devices sends a localization request signal to at least a device x from among the plural portable hardware devices([0035]-[0036], acoustic ranging procedure begins with a first device emitting an acoustic signal and in response to receiving a first acoustic signal, a second device emits an acoustic signal and the differences in the time of arrival of both signals allows the devices to calculate a distance between them)([,
and wherein device y knows when device y sent said localization request signal and thus when a responsive signal is received from device x, defining a round trip from device y to device x and back to device y, device y computes its own distance from device x, based on a duration of the round trip and on the known velocity of sound. ([0035]-[0036], acoustic ranging procedure begins with a first device emitting an acoustic signal and in response to receiving a first acoustic signal, a second device emits an acoustic signal and the differences in the time of arrival of both signals allows the devices to calculate a distance between them)([0040], illustrates equations used in order to calculate the times of arrival and therefore the distance, which includes accounting for the speed of sound).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention, to modify the method of Jin, to include the teachings of Peng, in order to yield an acoustic many-to-many localization, communication and management method which enables users to locate one another and navigate to one another in a variety of environments in which the devices may not have GPS or GNSS coordinates through the use of self-localization methods which enable distances between the devices to be computed. Making such a modification amounts to using a known technique to improve a similar method in the same way. See MPEP 2141.III KSR Rationale (C).
Regarding claim 47, the claim is a CRM claim corresponding to claim 42 and is therefore rejected for the same reasons.
Claim(s) 43-46 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jin in view of Peng and Rowe (US 20050219950 A1, “Rowe”).
Regarding claim 43, Jin, as modified in view of Peng teaches a method according to claim 42. Jin, as modified in view of Peng, fails to teach
and wherein at least one device possesses independent location knowledge and wherein at least one group members relative location monitored by the method is transformed into an absolute location using said independent location knowledge .
Rowe teaches
wherein at least one device possesses independent location knowledge and wherein at least one group members relative location monitored by the method is transformed into an absolute location using said independent location knowledge.([0016], one of the communicators may be configured to include a GPS receiving means to calculate its own position, and utilize the GPS data as well as range and bearing data reported by one of the other communicators to get absolute positions of other communicators in the network)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention, to modify the method of Jin, as modified in view of the teachings of Peng, to further include the teachings of Rowe, in order to yield an acoustic many-to-many localization, communication and management method which enables users to locate one another and navigate to one another in a variety of environments where one group member can more accurately determine the actual location of other group members based on relative positioning information with respect to their own GPS/GNSS coordinates, allowing the group to accurately locate one another without the added cost of making all group members’ portable electronic devices GPS/GNSS equipped. Making such a modification amounts to using a known technique to improve a similar method in the same way. See MPEP 2141.III KSR Rationale (C).
Regarding claim 44, Jin, as modified in view of Peng and Rowe teaches a method according to claim 43. Rowe further teaches
wherein said independent location knowledge comprises GPS data.([0016], one of the communicators may be configured to include a GPS receiving means to calculate its own position, and utilize the GPS data as well as range and bearing data reported by one of the other communicators to get absolute positions of other communicators in the network)
Regarding claim 45, Jin, as modified in view of Peng and Rowe teaches a method according to claim 43. Rowe further teaches
wherein localization of all group members is provided even while on the move, using only one reference device.([0016], one of the communicators may be configured to include a GPS receiving means to calculate its own position, and utilize the GPS data as well as range and bearing data reported by one of the other communicators to get absolute positions of other communicators in the network)([0008], A particular embodiment includes multiple "communicators" configured to be associated with (e.g., worn by or carried by) one or more divers or other personnel in an environment)(the use of the communicators in a diving or other environment implicitly means its capable of use while on the move)
Regarding claim 46, Jin, as modified in view of Peng teaches a method according to claim 42. Jin, as modified in view of Peng, fails to teach
and wherein all relative locations are transformed into absolute locations, thereby to facilitate localization of all group members even while on the move, using but a single reference device.
Rowe teaches
wherein all relative locations are transformed into absolute locations, thereby to facilitate localization of all group members even while on the move, using but a single reference device.([0016], one of the communicators may be configured to include a GPS receiving means to calculate its own position, and utilize the GPS data as well as range and bearing data reported by one of the other communicators to get absolute positions of other communicators in the network)([0008], A particular embodiment includes multiple "communicators" configured to be associated with (e.g., worn by or carried by) one or more divers or other personnel in an environment)(the use of the communicators in a diving environment or other environment implicitly means it is used while on the move)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention, to modify the method of Jin, as modified in view of the teachings of Peng, to further include the teachings of Rowe, in order to yield an acoustic many-to-many localization, communication and management method which enables users to locate one another and navigate to one another in a variety of environments where one group member can more accurately determine the actual location of other group members based on relative positioning information with respect to their own GPS/GNSS coordinates, allowing the group to accurately locate one another through absolutle locations without the added cost of making all group members’ portable electronic devices GPS/GNSS equipped. Making such a modification amounts to using a known technique to improve a similar method in the same way. See MPEP 2141.III KSR Rationale (C).
Allowable Subject Matter
Claim 34 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 34, Jin, as modified in view of Ackerman and Peng teaches the method of claim 33. Jin, as modified in view of Ackerman and Peng, fails to teach
wherein the system provides at least one alert to at least one group member when at least one group member is azimuthally off course.
Chung teaches
wherein the system provides at least one alert to at least one group member when at least one group member is azimuthally off course.([0032]-[0034] utilizing a relay transmission system, group devices may determine a member of the group is missing and prompt other group devices to navigate to look for a missing group member)(Chung is the closest identified prior art, however Chung at [0032]-[0034] merely teaches that a group member may be identified as having gone missing. Chung does not sufficiently teach the limitation regarding a determination that a group member has azimuthally gotten off course. Going missing does not equate to being azimuthally off course, as a group member may be within communication range (or “not missing”), however they may still be azimuthally off course with respect to an objective location being navigated to. No other identified prior art teaches this limitation with sufficient motivation to combine).
Chung (TW I286420 B, “Chung 2”) teaches
wherein the system provides at least one alert to at least one group member when at least one group member is azimuthally off course (pg. 7, the master device cannot know the location of the servant by the GPS, but can calculate the relevant position of the servant according to the height and azimuth difference)(pg. 2, the acceleration sensor can report the acceleration and azimuth of an abnormal action and the device can be alerted. Chung 2’s abnormal action relating to an azimuth is recited at a broad level of generality and fails to adequately disclose that the “abnormal action” includes the action being that a member has deviated off course with respect to a target azimuth. Rather the alert of Chung 2 more reasonably corresponds to notifying a master device of an abnormal action and informs the master the relative location of the abnormal action in relation to itself by utilizing an azimuthal value. No other identified prior art teaches the limitations either wholly or in part with sufficient motivation to combine).
Response to Arguments
Applicant's arguments filed June 8th, 2026, have been fully considered but they are not persuasive. On pg. 2 of Applicant’s Remarks, Applicant argues that the rejection of claim 24 under 35 U.S.C. 103 fails to render the claim as obvious for the following reasons:
The examiner has failed to provide sufficient motivation to combine the prior arts Jin, Ackerman, and Peng.
The combination is based on Hindsight reasoning
With respect to (1), the examiner respectfully disagrees that there is insufficient motivation regarding the combination of Jin, Ackerman and Peng. The examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, Jin discloses a wireless communication system between a plurality of mobile devices (See Jin at [0028], [0042], [0056]). Jin at [0056] further teaches that in addition to merely communicating with mobile devices via sound signals, it is also desirable to locate each device with respect to one another. Jin, and furthermore Ackerman, fail to teach a designated localization request process or signal, as Jin utilizes a broadcast signal, and in response to the broadcast signal, devices within the communication region are able to locate one another (See Jin at [0043]). While Jin may teach the functionality of localizing another mobile device within the vicinity of another device while also communicating the other mobile device, that is different than transmitting a signal with the intention of initiating a localization procedure. Peng on the other hand is directed towards initiating an acoustic ranging protocol between two electronic devices (See Peng at [0037] and Fig.3). One having ordinary skill in the art would have sufficient motivation to modify the method, as taught by Jin, as modified in view of the teachings of Ackerman, to further include the teachings of Peng, in order to yield an acoustic many-to-many localization, communication and management method which enables users to locate one another and navigate to one another in a variety of environments in which the devices may not have GPS or GNSS coordinates through the use of an individually addressable localization request procedure which enable distances between one group member’s device and another’s device to be computed. Making such a modification amounts to using a known technique to improve a similar method in the same way. See MPEP 2141.III KSR Rationale (C). Therefore the rejection of claim 24 under 35 U.S.C 103 is maintained.
With respect to (2), In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971).
On pg. 6-8 of Applicant’s Remarks, Applicant further argues that due to the alleged allowability of claim 24, claims 25-41 are therefore in condition for allowance. As noted in the response to arguments with respect to claim 24, above, the rejection has been maintained and similarly so have the rejections of claims 25-33, and 35-41. Claim 34 has been reconsidered and has been indicated as objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
On pg. 8 of Applicant’s remarks, Applicant argues that for the same reasons with respect to claim 24, claims 42 and 47 is therefore in condition for allowance. As noted in the response to arguments with respect to claim 24, above, the rejection of claim 24 is maintained. Therefore the rejections of claim 42 and 47 are maintained.
On pg. 9 of Applicant’s Remarks, Applicant further argues that due to the alleged allowability of claim 42, claims 43-46 are therefore in condition for allowance. As noted in the response to arguments with respect to claim 42, above, the rejection has been maintained and similarly so have the rejections of claims 43-46.
On pg. 9-14 of Applicant’s Remarks, Applicant argues that the Response to Arguments in the non-final rejection mailed March 11th, 2026, is insufficient for the following reason:
There is no nexus for each claim whose rejection relies on both Jin and Peng as nothing in the previous response to arguments relates to why the combination of Jin and Peng would have been obvious and
The combination of Jin and Peng is based on impermissible hindsight
There is no nexus between the purpose of Jin and the teachings of Peng
There is no motivation for combining the teachings of Jin and Peng
With respect to (A), the examiner respectfully disagrees that there was/is no sufficient rationale for combining Jin and Peng, however the examiner will supply further elaboration to help clarify the rationale. Jin fails to teach a distinct procedure for initiating a device localization procedure, but rather merely teaches a wireless communication method/system that is also capable of device localization. Peng, at [0037] and Fig. 3 describes and acoustic ranging procedure, that is, a procedure with the sole intent of determining a range (or distance) between both mobile devices. One of ordinary skill in the art would be motivated to modify the method of Jin, as modified in view of the teachings of Ackerman, to further include the teachings of Peng, in order to yield an acoustic many-to-many localization, communication and management method which enables users to locate one another and navigate to one another in a variety of environments in which the devices may not have GPS or GNSS coordinates through the use of an individually addressable localization request procedure which enable distances between one group member’s device and another’s device to be computed so that group members may be able to find each other in unknown surroundings. Furthermore, making such a modification amounts to using a known technique to improve a similar method in the same way. See MPEP 2141.III KSR Rationale (C).
With respect to (B), the examiner respectfully disagrees that the combination of Jin, Ackerman, and Peng amounts to impermissible hindsight, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971).
With respect to (C), the examiner respectfully disagrees that there is no nexus between Jin’s purpose and Peng’s teaching. The purpose of Jin is to provide a bi-directional wireless communications system that isn’t reliant on the use of wireless communications networks such as WLAN or Bluetooth, but rather relies on utilizing a sound medium that avoids the lengthy connection times and high battery consumption of wireless communications networks. See Jin at [0002]-[0004]. Jin further teaches that locations of each sound source may be identified using a sound source identifying unit (See Jin at [0034]), however Jin fails to teach a localization request signal, even though identifying a location of a source of a received signal is a part of the purpose of Jin. In other words, Jin teaches that based on all of the signals received and analyzed by the sound source identifying unit, all sources may be located, but it does not teach the signal being transmitted to identify the position of a particular device. The nexus between the purpose of Jin and the teachings of Peng, is that Peng, at Fig. 3, as well as [0036]-[0037] , that the acoustic ranging procedure is conducted between two particular devices that are the intended subjects of the procedure. That is, in initiating the acoustic ranging procedure, the system is able to initiate a ranging procedure between two selected devices with the sole intent being to determine a distance between the two through transmission of acoustic signals. That is equivalent to a localization request signal. One having ordinary skill in the art would recognize the benefit of having this capability in an group environment such that if the group leader wanted to find a particular member, they would be able to send a targeted request to the particular member’s device and navigate to them based on the response of a localization request signal based on “accurate distance values”, rather than simply broadcasting a signal to all devices of the group which would require an additional computational step of verifying the responding device is the target device.
With respect to (D), the examiner respectfully disagrees that one having ordinary skill in the art would not have sought the benefits that Peng offers. As noted in the response to arguments with respect to claim 24, above, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, Jin discloses a wireless communication system between a plurality of mobile devices (See Jin at [0028], [0042], [0056]). Jin at [0056] further teaches that in addition to merely communicating with mobile devices via sound signals, it is also desirable to locate each device with respect to one another. Jin, and furthermore Ackerman, fail to teach a designated localization request process or signal, as Jin utilizes a broadcast signal, and in response to the broadcast signal, devices within the communication region are able to locate one another (See Jin at [0043]). While Jin may teach the functionality of localizing another mobile device within the vicinity of another device while also communicating the other mobile device, that is different than transmitting a signal with the intention of initiating a localization procedure. Peng on the other hand is directed towards initiating an acoustic ranging protocol between two electronic devices (See Peng at [0037] and Fig.3). One having ordinary skill in the art would have sufficient motivation to modify the method, as taught by Jin, as modified in view of the teachings of Ackerman, to further include the teachings of Peng, in order to yield an acoustic many-to-many localization, communication and management method which enables users to selectively locate one another and navigate to one another in a variety of environments in which the devices may not have GPS or GNSS coordinates through the use of an individually addressable localization request procedure which enable distances between one group member’s device and another’s device to be computed on a targeted basis. Furthermore making such a modification amounts to using a known technique to improve a similar method in the same way. See MPEP 2141.III KSR Rationale (C).
Conclusion
Prior art made of record though not relied upon in the present basis of rejection are noted in the attached PTO 892 and include:
Chu et al. (U.S. Patent No. 9674661) which discloses device-to-device relative localization using audio signals
Harding et al. (U.S. Patent Application No. 20180332432) which discloses sharing navigation data among co-located computing devices
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
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/CHRISTOPHER RICHARD WALKER/Examiner, Art Unit 3645
/YUQING XIAO/Supervisory Patent Examiner, Art Unit 3645
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