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
This communication is a final action in response to amendment filed on 03/02/2026. Claims 134-136, 138, 140, 182-196 are pending.
Response to Argument
Regarding Applicant’s argument directed to 101 rejection, they have been fully considered but are not persuasive.
Applicant argues the use of accelerometer as trigger signal transmission provide improvement for small location tags as they do not have room for large battery. Applicant further cites similarity with BASCOM. Applicant then goes on to argue that claimed invention is rooted in a battery limited transitory component.
Examiner respectfully disagree as the specification does not appear to make such improvement apparent. Specification describes battery in the sense that batteries can be charged and power usage can be managed. There doesn’t appear to be discussion regarding size of battery being a limiting factor in conventional system. Therefore, the claimed invention appears to be using generic computer components (e.g., accelerometer) to implement the abstract idea as opposed to making improvement to technology.
Regarding 103 rejection, Applicant’s argument is moot in view of newly cited prior art. Examiner, however, would like to note that as currently written, the triggered signal described in the first three indents of claim 134 doesn’t need to relate to the steps performs afterwards.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 134-136, 138, 140, 182-196 are rejected under 35 U.S.C. 101 because they recite an abstract idea without significantly more.
Step 2A prong 1
Regarding claim 134, examiner believes that with the exception of physical hardware, all the steps performed by the system recites an abstract idea. Particularly, the steps falls into mental processes as it can be completely perform by a human with help of pen and paper. For example, a person can draw a map (external input) and mark location of components and then sue triangulation method to determine location of a transitory component. Further, the limitations are also similar to Electric Power Group’s collecting information and analyzing them without the need to even displaying the information. Examiner particular notes the signal generated on the first five lines of 134 isn’t required to be related to the rest of the claimed limitation; therefore, the signal generated/received in the first five line is just another abstract idea being added to the abstract idea described in the following steps. In any case, claim 134’s limitations fall within mental processes and therefore claim 134 recites an abstract idea.
Step 2A prong 2
As noted above, the additional elements are the physical hardware that is used to implement the abstract idea. These hardware are all generic computer components described in high generality and they’re only used to perform the abstract idea (e.g., being configured to perform the mental processes). Whether viewed individually or as an ordered combination, these additional elements are nothing more than mere instructions to implement the abstract idea to a generic computer or merely generally linking the abstract idea to a particular field of use (e.g., stationary computer or transitory computer). These additional elements wouldn’t’ integrate the abstract idea into practical application and therefore claim 134 is directed to an abstract idea.
Step 2B
As noted above in step 2A prong 2, where the analysis is still applicable in step 2B, the additional elements are nothing more than mere instructions to implement the abstract idea to a generic computer or merely generally linking the abstract idea to a particular field of use, whether viewed individually or as an ordered combination. Therefore, they do not provide significantly more to an abstract idea and therefore claim 134 is ineligible.
The dependent claims can be similarly analyzed as claim 134 as these claims merely include additional mental step and/or additional components that are merely generally linking the abstract idea to a particular field of use (e.g., particular type of computer or particular type of
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) 134-136, 182-184, 186, 188-196 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chu (US 20140167959) in view of Baumgarth (US 20100142403), further in view of Hopperton (US 20170248683).
As per claim 134, Chu discloses a system for locating a transitory component in a facility, comprising:
a plurality of stationary components of the facility configured to receive a signal transmitted from the transitory component (See Fig. 5 where beacons located in smoke detector are used to locate mobile device. See 0029-0031 regarding indoor positioning beacon module located in a place of fire detection unit for stationary components), and
a network operatively coupled to the plurality of stationary components, which wherein the network is configured to (0037);
communicate with at least three of the stationary components of the plurality of stationary components (0037),
facilitate locating of the transitory component based at least in part on the positions of the plurality of stationary components (0044-0046).
Chu does not explicitly disclose facilitate determination of positions of the at least three stationary components based at least in part on considering an external input; Chu’s system, however, knows the positions of the at least three stationary components on a map (Fig. 5).
Baumgarth teaches facilitate determination of positions of the at least three stationary components based at least in part on considering an external input (0067-0069)
Therefore, it would have been obvious for one ordinary skilled in the art before the effective filing date to combine Baumgarth’s network topology determination on network nodes location with Chu’s mapping of sensor location on a map for the purpose of allowing easier network setup when adding new nodes to a network (Baumgarth: 0067).
Chu/Baumgarth does not explicitly disclose
wherein the transitory component comprises an accelerometer, and
wherein sensing movement of the transitory component by the accelerometer triggers the transitory component to transmit the signal
Hopperton teaches an accelerometer embedded in a phone, which would perform the following:
wherein the transitory component comprises an accelerometer (0027, Fig. 1, Accelerometer 110 connected to CPU. See 0094 that the positioning module 100 is embedded into a smart phone), and
wherein sensing movement of the transitory component by the accelerometer triggers the transitory component to transmit the signal (0027-0028, movement detected using accelerometer triggers switching into target mode. See0049-0053, target would transmit pulse to Beacon).
Therefore, it would have been obvious to combine Hopperton’s beaconing system with Chu/Baumgarth’s indoor positioning system for the purpose of accurately locating device within a indoor positioning system.
As per claim 135, Chu further discloses the system of claim 134, wherein the network is configured to facilitate determination of the positions at least in part by being configured to transmit communication related to the positions, and the network is configured to facilitate location of the transitory component at least in part by being configured to transmit communication related to the location (see at least Chu, 0034-0035, transmit beacon ID periodically as a part of indoor positioning beacon module function;0045-0047 beacon ID as part of information used to locate portable terminal 500).
As per claim 136, Chu further discloses the system of claim 134, wherein the network is configured to facilitate transmission of geo-location signals (0045-0047).
As per claim 182, Chu further discloses the system of claim 134, wherein the transitory component comprises a cellular phone, an identification tag, a laptop, and/or a pad (see Fig. 5 for a phone).
As per claim 183, Chu further discloses the system of claim 134, wherein the stationary components are operatively coupled to a network configured to facilitate control of at least one device of the facility different than the stationary components, the at least one device including (i) a service device, (ii) a safety device, (iii) a security device, and/or (iv) a health device (see at least Chu, 0049, portable device can be controlled to evacuate user, the portable device can be a service device, a safety device, or a health device. See also 0047, fire rescue system can also make use of the location information).
As per claim 184, Chu further discloses the system of claim 183, wherein the service device comprises a refrigerator, a stove an oven, a microwave oven, a toaster an air fryer, a vacuum cleaner system, a washing machine, a dish washer, a clothes dryer, a food processor, a media player, a media screen, a radio, a music player, a heater, a cooler, a ventilator, lighting, a tintable window, an automatic door, or a heating, ventilation and air conditioning (HVAC) system (see at least Chu, 0049, map can be displayed on portable device, which makes it a media player).
As per claim 186, Chu further discloses the system of claim 183, wherein the safety device comprises an alarm, an announcement system, alarm lighting, a sensor, a door, a window, or a lock (see at least Chu, 0049, map can be displayed on portable device, which makes it an alarm or an announcement system).
As per claim 188, Chu further discloses the system of claim 183, wherein the service device includes a processor, or a media display that comprises a television screen or a computer monitor (see at least Chu, 0049, map can be displayed on portable device, which can be a phone having processor).
As per claim 189, Chu does not but Baumgarth teaches the system of claim 134, wherein:
the plurality of stationary components includes at least three stational components are configured to be initiated (0067-0070, see Fig. 1 where multiple nodes can be added), and
the network is operatively coupled to an application configured to receive input, and is further configured for communicating with the at least three stationary components to facilitate performing a procedure including:
activating the application configured to receive input (0068, interface opened where interface can be application),
requesting input of a location of each of the at least three stationary components, (0068) and
storing the location for each of the at least three stationary components in a database, which network is disposed at least in part in the facility (0067).
The rationale to combine would persist.
As per claim 190, Chu further discloses the system of claim 189, wherein:
the application is configured to receive the input comprises a user interface (Fig. 5 map with relevant fixed location sensor are shown), and
the user interface comprises a map of at least a portion of the facility (Fig. 5).
As per claim 191, Chu further discloses the system of claim 190, wherein the map comprises a building information modelling (BIM) file, an architectural plan, a home blueprint file, a three-dimensional home file, a plan view of a room layout of a home, or a combination thereof (Fig. 5 for room layout).
As per claim 192, Chu further discloses the system of claim 189, wherein the facility comprises a home, a private house, an apartment in a multi-unit apartment building, a single-family house, a condominium, or a townhouse (0006 that application can be for high-rise building).
As per claim 193, Chu further discloses the system of claim 189, wherein the at least three stationary components configured to be initiated are attached to, or embedded in, one or more fixtures of the facility (see Fig. 1 and 5 smoke detector embedded into the building being used to store the stationary component).
As per claim 194, Chu further discloses the system of claim 189, wherein a stationary component of the plurality of stationary components comprises a device ensemble (0037, noting Zigbee network being used).
As per claim 195, Chu further discloses the system of claim 134, wherein the network comprises a home control system (see 0006 wherein the application can be for high-rise building).
As per claim 196, Chu further discloses The system of claim 134, further comprising a controller configured to execute, or direct execution of, the determination and the location (see at least Fig. 5, computer 900).
Claim(s) 138, 140, 185, 187 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chu (US 20140167959) in view of Baumgarth (US 20100142403), further in view of Hopperton (US 20170248683), even further in view of Tran (US 20130211291.
As per claim 138, Chu/Baumgarth does not but Tran teaches the system of claim 136, wherein the geo-location signal comprises ultra-wideband and/or a wireless personal area network technology (0274).
Therefore, it would have been obvious for one ordinary skilled in the art before the effective filing date of present invention to combine Tran’s PAN with Chu’s network protocol for the purpose of allowing application in this particular type of mesh network.
As per claim 140, Chu/Baumgarth does not but Tran teaches the system of claim 138, wherein the wireless personal area network technology comprises a range of at most about 100 meters, a transmit power of from about 10 Watts to about 100 Watts, a frequency range of from about 2400 Mega Hertz (MHz) to about 2483.5 Mega Hertz, a data rate of from about 0.125 Megabits per second to about 2 Megabits per second (Mb/s), or any combination thereof (0173, Zigbee provides ranges up to 10 m, which is less than 100 meter).
The rationale to combine would persist.
As per claim 185, Chu/Baumgarth does not but Tran teaches the system of claim 183, wherein the service device is configured to adjust an environment of the facility (0243, light/temperature can be adjusted based on presence using Zigbee).
The rationale to combine would persist.
As per claim 187, Chu/Baumgarth does not but Tran teaches the system of claim 183, wherein the health device comprises a glucose monitor, a heart rate monitor, a blood pressure monitor, a temperature sensor, an infrared sensor, an ultraviolet sensor or a visual sensor (0246 where patient temperature can be sensed when attached to patient. See Fig. 6-7 for a smart watch worn by patient).
The rationale to combine would persist.
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 GEORGE CHEN whose telephone number is (571)270-5499. The examiner can normally be reached Monday-Friday, 8:30 AM -5:00 PM Eastern.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lynda Jasmin can be reached at 571-272-6782. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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GEORGE CHEN
Primary Examiner
Art Unit 3628
/GEORGE CHEN/Primary Examiner, Art Unit 3628
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