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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant’s submission filed on 16 February, 2026 has been entered.
Response to Amendment
Applicant’s amendment filed 16 February, 2026 is acknowledged and has been entered.
Response to Arguments
Applicant’s arguments filed 16 February, 2026 has been fully considered but are moot in view of a new ground of rejection.
Claim Objections
Claim(s) 7 and 15 are objected to because proper markings to show appropriate changes between claim sets are missing.
Each amendment document that includes a change to an existing claim, including the deletion of an existing claim, or submission of a new claim, must include a complete listing of all claims ever presented (including previously canceled and non-entered claims) in the application. After each claim number, the status identifier of the claim must be presented in a parenthetical expression, and the text of each claim under examination as well as all withdrawn claims (each with markings if any, to show current changes) must be presented. The listing will serve to replace all prior versions of the claims in the application.
Markings to Show the Changes: All claims being currently amended must be presented with markings to indicate the changes that have been made relative to the immediate prior version. The changes in any amended claim must be shown by strike-through (for deleted matter) or underlining (for added matter) with 2 exceptions: (1) for deletion of five or fewer consecutive characters, double brackets may be used (e.g., [[eroor]]); (2) if strike-through cannot be easily perceived (e.g., deletion of number “4” or certain punctuation marks), double brackets must be used (e.g., [[4]]). As an alternative to using double brackets, however, extra portions of text may be included before and after text being deleted, all in strike-through, followed by including and underlining the extra text with the desired change (e.g., number 4 asnumber 14 as). An accompanying clean version is not required and should not be presented. Only claims of the status “currently amended” or “withdrawn” will include markings. Any claims added by amendment must be indicated as “new” and the text of the claim must not be underlined.
Additionally, claim(s) 8-10, 12-14, 16, and 19-20 are objected to.
Claim(s) 8-10, and 12-14 recite “a remote object” which is suggested to be amended to “[[a]]the remote object” to properly reference the feature previously recited in claim 7 which claim(s) 8-10, and 12-14 depend on.
Claim 14 recites “a terrestrial based receiver, a water based receiver, an airborne based receiver, an extra-terrestrial based receiver” which is suggested to be amended to “a terrestrial-based receiver, a water-based receiver, an airborne-based receiver, an extraterrestrial-based receiver”.
Claim(s) 16, and 19-20 recite “an object” which is suggested to be amended to “[[an]]the object” to properly reference the feature previously recited in claim 15 which claim(s) 16, and 19-20 depend on.
Appropriate correction is required.
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 (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 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) 1-2, 4-10, 12-16, 19-20, and 22-25 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Druffel et al. (US 2021/0012171 A1 “DRUFFEL”).
Regarding claim 1, DRUFFEL discloses a frequency selective surface (the system 100 comprises a plurality of ID tags 101a, 101b, 101c, etc. “Tags” (e.g., tags 101a, 101b, 101c) may be characterized as “FSS-based” [0037]) comprising: a substantially planar substrate including a radio frequency absorbing material (a flexible polyethylene terephthalate (PET) substrate [0072]) and a radio frequency reflection element (a silver inkjet ink, such as PE410 by Dupont, is deposited onto a flexible polyethylene terephthalate (PET) substrate using an inkjet printer, such as a Dimatix DMP 2850 by Fuji Film, into predetermined shapes [0072]); (conductive materials may be employed as ink such as but not limited to gold, silver, copper, or graphite [0071]), the radio frequency reflection element configured to a specific radio frequency and provide a reflected radio frequency of the specific radio frequency (FSS tags may be configured, such as by individual shapes and/or by spatial arrangement and density of an array of shapes, to reflect signals (resonate) in the range of 3 KHz to 300 GHz, or in particular 1 GHz to 10 GHz or 2.4 GHz to 10 GHz in some embodiments. Multiple geometric shapes may be integrated together within a single tag to influence the reflected response of the tag [0015]); (material selection is another parameter which may be used to control or influence the resonance or frequency response of an FSS [0056]), the radio frequency reflection element disposed on or partially within an interior volume of the substantially planar substrate and in contact with the radio frequency absorbing material (a silver inkjet ink, such as PE410 by Dupont, is deposited onto a flexible polyethylene terephthalate (PET) substrate using an inkjet printer, such as a Dimatix DMP 2850 by Fuji Film, into predetermined shapes [0072]).
Regarding claim 2, DRUFFEL discloses the frequency selective surface of Claim 1, wherein the reflected radio frequency provides at least one of an identifying information and locating information of the frequency selective surface (an ID tag for unique labeling and identification comprises an array of one or more frequency selective surfaces (FSS) configured to produce a unique response when in the presence of a wireless signal. The unique response is usable to individually identify the producing array of FSS (e.g., as distinguished from other arrays of FSS) [0016]); (locations 1005 may also be determined for respective ID tags [0065]).
Regarding claim 4, DRUFFEL discloses the frequency selective surface of Claim 1, wherein the substantially planar substrate and the radio frequency reflection element are flexible to allow an out-of-plane bending of the frequency selective surface (a flexible polyethylene terephthalate (PET) substrate [0072], cited and incorporated in the rejection of claim 1).
Regarding claim 5, DRUFFEL discloses the frequency selective surface of Claim 1, wherein the reflected radio frequency includes frequencies in a range between 3 MHz to 30 GHz (FSS tags may be configured, such as by individual shapes and/or by spatial arrangement and density of an array of shapes, to reflect signals (resonate) in the range of 3 KHz to 300 GHz, or in particular 1 GHz to 10 GHz or 2.4 GHz to 10 GHz [0015], cited and incorporated in the rejection of claim 1).
Regarding claim 6, DRUFFEL discloses the frequency selective surface of Claim 1, wherein the frequency selective surface includes a plurality of the radio frequency reflection elements, each radio frequency reflection element reflecting a different radio frequency (a frequency selective surface (FSS) is an electromagnetic structure (or combination of structures) that resonates with a particular frequency [0012]); (multiple geometric shapes may be integrated together within a single tag to influence the reflected response of the tag. Two or more FSS may be stacked together or arranged in the same/common substantially two-dimensional plane [0015]); (one or more of several parameters of FSS may be varied to control spectrum response and make each tag's response unique. Such parameters may include but are not limited to geometric shape, geometric dimensions or size, arrangement, material(s), etc. [0048]).
Regarding claim 7, DRUFFEL discloses a system for identifying and locating a remote object, the system comprising:
a substantially planar substrate including a radio frequency absorbing material (a flexible polyethylene terephthalate (PET) substrate [0072]) and a radio reflection element (a silver inkjet ink, such as PE410 by Dupont, is deposited onto a flexible polyethylene terephthalate (PET) substrate using an inkjet printer, such as a Dimatix DMP 2850 by Fuji Film, into predetermined shapes [0072]); (conductive materials may be employed as ink such as but not limited to gold, silver, copper, or graphite [0071]), the radio frequency reflection element configured to a specific radio frequency and provide a reflected radio frequency of the specific radio frequency (FSS tags may be configured, such as by individual shapes and/or by spatial arrangement and density of an array of shapes, to reflect signals (resonate) in the range of 3 KHz to 300 GHz, or in particular 1 GHz to 10 GHz or 2.4 GHz to 10 GHz in some embodiments. Multiple geometric shapes may be integrated together within a single tag to influence the reflected response of the tag [0015]); (material selection is another parameter which may be used to control or influence the resonance or frequency response of an FSS [0056]), the radio frequency reflection element disposed on or partially within an interior volume of the substantially planar substrate and in contact with the radio frequency absorbing material (a silver inkjet ink, such as PE410 by Dupont, is deposited onto a flexible polyethylene terephthalate (PET) substrate using an inkjet printer, such as a Dimatix DMP 2850 by Fuji Film, into predetermined shapes [0072])
a radio frequency emitter configured to emit the specific radio frequency of the radio frequency reflection element (a transmitter 104 configured to generate the wireless network signal 111 [0039])
a radio frequency receiver configured to receive the reflected radio frequency (receiver 103 may be a detector specially configured for detecting the responses of tags 101a, 101b, 101c, etc. [0040])
and an operating system including a database and a location deriving capability, the reflected radio frequency associated with the remote object in the database, and the operating system configured to utilize the reflected radio frequency received by the radio frequency receiver to identify the remote object and determine a location of the remote object (the system 100 comprises one or more processors 104 [0037] having a computer readable storage medium 106 [0039]. The FSS tag spectrum responses being reduced to sets (e.g., pairs) of discrete coordinate values 1002, the coordinates are subjected to matching pairing 1003 against pre-existing/known reference values which tie each set of unique values to a specific ID tag [0069]. Locations 1005 may also be determined for respective ID tags [0065])
Regarding claim 8, DRUFFEL discloses the system for identifying and locating a remote object of Claim 7, wherein the frequency selective surface is flexible to allow an out-of-plane bending of the frequency selective surface (a flexible polyethylene terephthalate (PET) substrate [0072], cited and incorporated in the rejection of claim 7).
Regarding claim 9, DRUFFEL discloses the system for identifying and locating a remote object of Claim 7, wherein the frequency selective surface is coupled to the remote object (association may comprise, for example, affixing to each of a plurality of items or products a different ID tag. Affixing may include adhering, stapling, or tying, for example, to a thing or its wrappings (e.g., packaging, casing, housing, clothing, etc.) [0058]).
Regarding claim 10, DRUFFEL discloses the system for identifying and locating a remote object of Claim 7, wherein the frequency selective surface is carried by the remote object (personnel in a workplace may temporarily affix a badge or nametag which is or includes a FSS-based tag while on the job [0058]).
Regarding claim 12, DRUFFEL discloses the system for identifying and locating a remote object of Claim 7, wherein the frequency selective surface includes a plurality of the radio frequency reflection elements, each radio frequency reflection element reflecting a different radio frequency to form a multi-radio frequency reflection pattern associated with the remote object (a frequency selective surface (FSS) is an electromagnetic structure (or combination of structures) that resonates with a particular frequency [0012]); (multiple geometric shapes may be integrated together within a single tag to influence the reflected response of the tag. Two or more FSS may be stacked together or arranged in the same/common substantially two-dimensional plane [0015]); (one or more of several parameters of FSS may be varied to control spectrum response and make each tag's response unique. Such parameters may include but are not limited to geometric shape, geometric dimensions or size, arrangement, material(s), etc. [0048]).
Regarding claim 13, DRUFFEL discloses the system for identifying and locating a remote object of Claim 7, wherein the radio frequency emitter includes a member selected from a group consisting of a terrestrial based emitter, a water based emitter, an airborne based emitter, an extra-terrestrial based emitter, and combinations thereof (a transmitter 104 configured to generate the wireless network signal 111 [0039]); (the tracking system coverage is of a facility with four rooms, and it may be desired to locate an ID tag (and/or whatever entity is associated with that ID tag) specifically within that space (e.g., in one room versus one of the other rooms) [0077]). It is further noted that the limitation is in alternative form; therefore, only one alternative was given patentable weight. In this case, the alternative “a terrestrial based emitter” corresponds to the “transmitter 104” as disclosed by DRUFFEL.
Regarding claim 14, DRUFFEL discloses the system for identifying and locating a remote object of Claim 7, wherein the radio frequency receiver includes a member selected from a group consisting of a terrestrial based receiver, a water based receiver, an airborne based receiver, an extra-terrestrial based receiver, and combinations thereof (receiver 103 may be a detector specially configured for detecting the responses of tags 101a, 101b, 101c, etc. [0040]); (the tracking system coverage is of a facility with four rooms, and it may be desired to locate an ID tag (and/or whatever entity is associated with that ID tag) specifically within that space (e.g., in one room versus one of the other rooms) [0077].
Regarding claim 15, DRUFFEL discloses a method of identifying and locating an object, comprising:
providing a frequency selective surface (the system 100 comprises a plurality of ID tags 101a, 101b, 101c, etc. “Tags” (e.g., tags 101a, 101b, 101c) may be characterized as “FSS-based” [0037]) including a substantially planar substrate including a radio frequency absorbing material (a flexible polyethylene terephthalate (PET) substrate [0072]) and a radio frequency reflection element (a silver inkjet ink, such as PE410 by Dupont, is deposited onto a flexible polyethylene terephthalate (PET) substrate using an inkjet printer, such as a Dimatix DMP 2850 by Fuji Film, into predetermined shapes [0072]); (conductive materials may be employed as ink such as but not limited to gold, silver, copper, or graphite [0071]), the radio frequency reflection element configured to a specific radio frequency and provide a reflected radio frequency of the specific radio frequency (FSS tags may be configured, such as by individual shapes and/or by spatial arrangement and density of an array of shapes, to reflect signals (resonate) in the range of 3 KHz to 300 GHz, or in particular 1 GHz to 10 GHz or 2.4 GHz to 10 GHz in some embodiments. Multiple geometric shapes may be integrated together within a single tag to influence the reflected response of the tag [0015]); (material selection is another parameter which may be used to control or influence the resonance or frequency response of an FSS [0056]), the radio frequency reflection element disposed on or partially within an interior volume of the substantially planar substrate and in contact with the radio frequency absorbing material (a silver inkjet ink, such as PE410 by Dupont, is deposited onto a flexible polyethylene terephthalate (PET) substrate using an inkjet printer, such as a Dimatix DMP 2850 by Fuji Film, into predetermined shapes [0072])
associating the reflected radio frequency with the object (an ID tag for unique labeling and identification comprises an array of one or more frequency selective surfaces (FSS) configured to produce a unique response when in the presence of a wireless signal. The unique response is usable to individually identify the producing array of FSS (e.g., as distinguished from other arrays of FSS) [0016])
providing a radio frequency emitter configured to emit the specific radio frequency of the radio frequency reflection element (a transmitter 104 configured to generate the wireless network signal 111 [0039])
providing a radio frequency receiver configured to receive the reflected radio frequency (receiver 103 may be a detector specially configured for detecting the responses of tags 101a, 101b, 101c, etc. [0040])
providing an operating system having a database and a location deriving capability, the reflected radio frequency associated with the object being stored in the database (the system 100 comprises one or more processors 104 [0037] having a computer readable storage medium 106 [0039]. The FSS tag spectrum responses being reduced to sets (e.g., pairs) of discrete coordinate values 1002, the coordinates are subjected to matching pairing 1003 against pre-existing/known reference values which tie each set of unique values to a specific ID tag [0069]. Locations 1005 may also be determined for respective ID tags [0065])
maintaining the frequency selective surface in proximity to the object (the tracking system coverage is of a facility with four rooms, and it may be desired to locate an ID tag (and/or whatever entity is associated with that ID tag) specifically within that space (e.g., in one room versus one of the other rooms) [0077])
deploying the object remotely from the radio frequency emitter (the tracking system coverage is of a facility with four rooms, and it may be desired to locate an ID tag (and/or whatever entity is associated with that ID tag) specifically within that space (e.g., in one room versus one of the other rooms) [0077])
emitting the specific radio frequency of the radio frequency reflection element with the radio frequency emitter (a transmitter 104 configured to generate the wireless network signal 111 [0039])
reflecting the specific radio frequency with the radio frequency reflection element (receiver 103 may be a detector specially configured for detecting the responses of tags 101a, 101b, 101c, etc. [0040])
receiving the reflected radio frequency with the radio frequency receiver (receiver 103 may be a detector specially configured for detecting the responses of tags 101a, 101b, 101c, etc. [0040])
and utilizing the reflected radio frequency with the operating system to identify the object and determine a location of the object (the FSS tag spectrum responses being reduced to sets (e.g., pairs) of discrete coordinate values 1002, the coordinates are subjected to matching pairing 1003 against pre-existing/known reference values which tie each set of unique values to a specific ID tag [0069]. Locations 1005 may also be determined for respective ID tags [0065]).
Regarding claim 16, DRUFFEL discloses the method of identifying and locating an object of Claim 15, including providing a report including an identity of the object and the location of the object (an ID tag for unique labeling and identification comprises an array of one or more frequency selective surfaces (FSS) configured to produce a unique response when in the presence of a wireless signal. The unique response is usable to individually identify the producing array of FSS (e.g., as distinguished from other arrays of FSS) [0016]); (locations 1005 may also be determined for respective ID tags [0065]).
Regarding claim 19, DRUFFEL discloses the method of identifying and locating an object of Claim 15, wherein the frequency selective surface includes a plurality of the radio frequency reflection elements, each radio frequency reflection element reflecting a different radio frequency to provide a multi-radio frequency reflection pattern, the multi-radio frequency reflection pattern associated with the object being stored in the database (a frequency selective surface (FSS) is an electromagnetic structure (or combination of structures) that resonates with a particular frequency [0012]); (multiple geometric shapes may be integrated together within a single tag to influence the reflected response of the tag. Two or more FSS may be stacked together or arranged in the same/common substantially two-dimensional plane [0015]); (one or more of several parameters of FSS may be varied to control spectrum response and make each tag's response unique. Such parameters may include but are not limited to geometric shape, geometric dimensions or size, arrangement, material(s), etc. [0048]).
Regarding claim 20, DRUFFEL discloses the method of identifying and locating an object of Claim 19, wherein: emitting the specific radio frequency of the radio frequency reflection element with the radio frequency emitter includes emitting the specific radio frequency of each of the radio frequency reflection elements with the radio frequency emitter (a transmitter 104 configured to generate the wireless network signal 111 [0039], cited and incorporated in the rejection of claim 15); reflecting the specific radio frequency with the radio frequency reflection element includes reflecting the specific radio frequency by each of the radio frequency reflection elements to form the multi-radio frequency reflection pattern (multiple geometric shapes may be integrated together within a single tag to influence the reflected response of the tag. Two or more FSS may be stacked together or arranged in the same/common substantially two-dimensional plane [0015]); (one or more of several parameters of FSS may be varied to control spectrum response and make each tag's response unique. Such parameters may include but are not limited to geometric shape, geometric dimensions or size, arrangement, material(s), etc. [0048]; cited and incorporated in the rejection of claim 19); and receiving the reflected radio frequency with the radio frequency receiver includes receiving the multi-radio frequency reflection pattern with the radio frequency receiver (receiver 103 may be a detector specially configured for detecting the responses of tags 101a, 101b, 101c, etc. [0040], cited and incorporated in the rejection of claim 15).
Regarding claim 22, DRUFFEL discloses the frequency selective surface of Claim 1, wherein the substantially planar substrate is formed from the radio frequency absorbing material (a flexible polyethylene terephthalate (PET) substrate [0072], cited and incorporated in the rejection of claim 1).
Regarding claim 23, DRUFFEL discloses the frequency selective surface of Claim 22, wherein the radio frequency reflection element is disposed on a surface of the substantially planar substrate (a silver inkjet ink, such as PE410 by Dupont, is deposited onto a flexible polyethylene terephthalate (PET) substrate using an inkjet printer, such as a Dimatix DMP 2850 by Fuji Film, into predetermined shapes [0072], cited and incorporated in the rejection of claim 1).
Regarding claim 24, DRUFFEL discloses the frequency selective surface of Claim 1, wherein the radio frequency reflection element and the radio frequency absorbing material are not disposed in separate structural layers (an example manufacturing process for producing a sample tag: a silver inkjet ink, such as PE410 by Dupont, is deposited onto a flexible polyethylene terephthalate (PET) substrate using an inkjet printer, such as a Dimatix DMP 2850 by Fuji Film, into predetermined shapes [0072]).
Regarding claim 25, DRUFFEL discloses the frequency selective surface of Claim 1, wherein the frequency selective surface comprises a single integrated structure (an example manufacturing process for producing a sample tag: a silver inkjet ink, such as PE410 by Dupont, is deposited onto a flexible polyethylene terephthalate (PET) substrate using an inkjet printer, such as a Dimatix DMP 2850 by Fuji Film, into predetermined shapes [0072]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Waltho (US 2004/0119658 A1) is cited as pertinent art for the disclosure overall, and in particular the details of wireless structure 100 which may be used as a frequency selective surface (FSS) structure; and a layer of conductive material such as, for example, copper, which may be formed overlying and adhesively bonded to surface 121 of substrate 120. This conductive layer on surface 121 may be a single layer or multiple layer of conductive material and may be patterned using, for example, an etch process, to form inductors 130 and conductive plates 140.
Wilhelm et al. (US 2003/0142036 A1) discloses a frequency selective surface includes a pattern of electromagnetic material formed on a substrate suspendable over a ground plane for reflecting or transmitting electromagnetic waves at one or more particular frequencies. The frequency selective surface may include one or more meandering line inductors and/or one or more interdigitated capacitors formed within the pattern of electromagnetic materials for adjusting the frequencies at which the electromagnetic waves are reflected or transmitted. The frequency selective surface may also or instead include one or more inductors and/or one or more capacitors arranged in series within the pattern of electromagnetic materials to adjust the frequencies at which the electromagnetic waves are reflected or transmitted. In addition, the pattern of electromagnetic materials may be formed within the substrate in such a manner that the frequencies at which the electromagnetic waves are reflected or transmitted are tunable.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HAILEY R LE whose telephone number is (571)272-4910. The examiner can normally be reached 9:00 AM - 5:00 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, WILLIAM J KELLEHER can be reached at (571) 272-7753. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Hailey R Le/Examiner, Art Unit 3648 March 17, 2026