DETAILED ACTION
Response to Arguments
Applicant’s arguments, filed 1/2/2026, with respect to the rejection of claims 1-17 under Blank, have been fully considered and are persuasive. The rejection is therefore withdrawn. However, upon further consideration, new grounds of rejection are made in view of Zhuang (US 20180252528 A1). The claims are also newly rejected under 35 U.S.C. 112(b) and 35 U.S.C. 101.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 4, 15, and 16 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 4 lines 1-2, “the estimation function” lacks antecedent basis in the claim.
Regarding claim 15 line 2, “the data repository” lacks antecedent basis in the claim.
Regarding claim 15 line 2, “the positioning data” lacks antecedent basis in the claim.
Regarding claim 16 lines 1-2, in “wherein the indoor positioning device is a user device and/or a server device” it is unclear how the indoor positioning device can be both a user device and a server device. Examiner recommends changing “and/or” to “or”.
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 1-17 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 – Statutory Category
Claim 1 recites an indoor positioning device and is therefore an apparatus.
Step 2A, Prong One – Recitation of a Judicial Exception
Claim 1 recites:
adjust the measurement data by predicting, based on the sensor data and the measurement data, an estimated position of the wireless device; and
determine, based on the adjusted measurement data and the estimated position of the wireless device, an updated position and/or an updated distance parameter associated with the wireless device.
These steps fall within the mathematical concepts grouping(s) of abstract ideas enumerated in MPEP 2106.04(a)(2). Claim 1 therefore recites an abstract idea.
Step 2A, Prong Two – Practical Application
Claim 1 further recites:
obtain, from one or more sensors of a wireless device, sensor data associated with the wireless device at a first position;
obtain, from one or more beacons, measurement data indicative of a distance parameter of the wireless device at the first position, wherein the one or more beacons are stationary devices positioned in an indoor environment; and
the indoor positioning device comprising memory circuitry, processor circuitry and an interface.
However the “obtain” steps are limited to the indoor positioning device obtaining data that has been measured elsewhere, and therefore comprise insignificant extra-solution activity, i.e. data gathering.
The memory circuitry, processor circuitry, and interface comprise generic computer equipment that is merely used as a tool to perform the abstract idea. In performing the abstract idea the memory circuitry, processor circuitry, and interface merely perform the generic computer functions of receiving data and performing calculations.
The courts have found that insignificant extra-solution activity and generic computer equipment do not integrate an abstract idea into a practical application (MPEP 2106.04(d) I). These elements therefore do not integrate the judicial exception into a practical application of the exception.
Step 2B – Inventive Concept
As discussed in Step 2A, Prong Two above, the additional elements recited in the claim include insignificant extra-solution activity and generic computer equipment.
The courts have found that insignificant extra-solution activity and generic computer equipment do not amount to significantly more, i.e. they do not amount to an inventive concept (MPEP 2106.5 A). Claim 1 is therefore not patent eligible.
Independent claim 17 recites a method corresponding to the indoor positioning device of claim 1 and is not patent eligible for the same reasons discussed with respect to claim 1.
Claims 2-8, 11, and 14 recite further details of the abstract idea without integrating it into a practical application or adding significantly more.
Claims 9, 10, and 12 further describe the sensor data without integrating the abstract idea into a practical application or adding significantly more.
Claim 13 recites providing positioning data to a data repository. This is merely insignificant extra-solution activity, i.e. data output, that does not integrate the abstract idea into a practical application or add significantly more.
Claim 15 recites further details of the abstract idea and additional data gathering without integrating the abstract idea into a practical application or adding significantly more.
Claim 16 recites the indoor positioning device being a user device and/or a server device. However a user device and a server device include within their scope generic computer equipment that does not integrate the abstract idea into a practical application or add significantly more.
Claim Rejections - 35 USC § 102
For applicant’s benefit portions of the cited reference(s) have been cited to aid in the review of the rejection(s). While every attempt has been made to be thorough and consistent within the rejection it is noted that the PRIOR ART MUST BE CONSIDERED IN ITS ENTIRETY, INCLUDING DISCLOSURES THAT TEACH AWAY FROM THE CLAIMS. See MPEP 2141.02 VI.
“The use of patents as references is not limited to what the patentees describe as their own inventions or to the problems with which they are concerned. They are part of the literature of the art, relevant for all they contain.” In re Heck, 699 F.2d 1331, 1332-33, 216 USPQ 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006, 1009, 158 USPQ 275, 277 (CCPA 1968)). A reference may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art, including non-preferred embodiments. Merck & Co.v. Biocraft Laboratories, 874 F.2d 804, 10 USPQ2d 1843 (Fed. Cir.), cert, denied, 493 U.S. 975 (1989). See also Upsher-Smith Labs. v. Pamlab, LLC, 412 F.3d 1319, 1323, 75 USPQ2d 1213, 1215 (Fed. Cir. 2005) See MPEP 2123.
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.
Claims 1-5, 7, 9-12, 14, 16, and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhuang (US 20180252528 A1).
Regarding claims 1 and 17, Zhuang (US 20180252528 A1) teaches an indoor positioning device (16:34-35 “the indoor navigation method of the invention”) comprising memory circuitry, processor circuitry and an interface (inherent to “portable device” paras. [0034], [0002]), wherein the indoor positioning device is configured to:
- obtain, from one or more sensors of a wireless device, sensor data associated with the wireless device at a first position (Sensor Data Collecting and Processing Module 2, Fig. 1; para. [0034] “the sensor data collecting and processing module 2 obtains... acceleration and/or angular velocity information of the target to be detected”);
- obtain, from one or more beacons, measurement data indicative of a distance parameter of the wireless device at the first position, wherein the one or more beacons are stationary devices positioned in an indoor environment (Wireless Signal Intensity Data Collecting and Processing Module 1, Fig. 1; para. [0034] “the wireless signal intensity data collecting and processing module 1 cooperates with several wireless access points distributed in different positions to obtain first position information of a target to be detected according to the wireless signal intensity information between the target to be detected and the wireless access points”, where wireless signal intensity information is inherently indicative of a distance parameter as claimed);
- adjust the measurement data by predicting, based on the sensor data and the measurement data, an estimated position of the wireless device (Smooth Filter 32, Fig. 3, adjusts the measurement data from 1 by smoothing it; the smoothing is based on the sensor data from 2 via combination filter 31 [NOTE: the combination filter is identified as 3 in Fig. 1, but as 31 throughout the specification]; the smoothing is further at least indirectly based on the estimated position Navigation Result via Sensor Data Collecting and Processing Module 2 and Combination filter 31); and
- determine, based on the adjusted measurement data and the estimated position of the wireless device, an updated position and/or an updated distance parameter associated with the wireless device (Navigation Result output from Combination Filter 31, Fig. 1).
Regarding claims 2 and 3, Zhuang teaches wherein the prediction of the estimated position of the wireless device (Navigation Result output from Combination Filter 31 of Data Fusion Module 3, Fig. 1) comprises applying an estimation function to the sensor data and the measurement data, wherein the estimation function comprises one or more of: a Kalman Filter, an Unscented Kalman Filter, an Extended Kalman Filter, a Particle filter, and a neural network (para. [0070] “The above integration filter 31 can be preset as statistical required and can be an extended Kalman filter (EKF), an unscented Kalman filter (UKF) or a particle filter (PF)”; para. [0078] “The smooth filter 32 may use the Kalman filter (KF) or the adaptive Kalman filter (AKF)”).
Regarding claim 4, Zuang teaches wherein the estimation function takes as input the first position of the wireless device (para. [0035] “the data matching unit 14 performs fingerprint matching to the RSS value of the target to be detected in the fingerprint search area to obtain first position information of the target to be detected”; para. [0009] “the data integrated module fuses the first position information and the second position information to obtain final position”).
Regarding claim 5, Zuang teaches wherein the indoor positioning device is configured to adjust the measurement data by generating first expected measurement data using a fingerprinting classifier applied to the measurement data (para. [0035] “the data searching determining unit 13 selects an appropriate fingerprint search area for the data matching unit 14 according to the RSS value of the target to be detected and the feedback information of the data integrated module 3; the data matching unit 14 performs fingerprint matching to the RSS value of the target to be detected in the fingerprint search area to obtain first position information of the target to be detected, denoted as constrained fingerprint solution”).
Regarding claim 7, Zhuang teaches wherein the indoor positioning device is configured to adjust the measurement data by generating second expected measurement data using a propagation model applied to the measurement data (para. para. [0078] “The smooth filter 32 may use the Kalman filter (KF) or the adaptive Kalman filter (AKF)”, where a Kalman Filter inherently comprises a propagation model applied to measurement data).
Regarding claim 9, Zuang teaches wherein the sensor data comprises data from an inertial measurement unit, and/or a pressure sensor (para. [0068] “inertial navigation system (INS)” and “barometer”).
Regarding claim 10, Zuang teaches wherein the sensor data comprises one or more sensor estimates associated with the wireless device, the one or more sensor estimates comprising one or more of: a speed, a distance, and a direction, wherein the indoor positioning device is configured to determine the one or more sensor estimates based on the sensor data (para. [0068] “velocity”, which includes speed and direction information; “attitude”).
Regarding claim 11, Zhuang taches determining the one or more sensor estimates by applying a Pedestrian Dead Reckoning function to the sensor data (para. [0068] “The state data collecting and processing module 2 can use a common micro-electromechanical system (MEMS) module. The MEMS-based navigation system has various implementation solutions, for example... pedestrian dead reckoning (PDR)).
Regarding claim 12, Zuang teaches wherein the distance parameter comprises a received signal strength and/or a distance estimate (para. [0034] “wireless signal intensity).
Regarding claim 14, Zhuang teaches wherein any of the first, estimated, updated position of the wireless device comprises one or more of: a direction of the wireless device, a geographic position of the wireless device, and coordinates of the wireless device in a reference system (para. [0069] “final position information” comprises at least a geographic position or coordinates in a reference system).
Regarding claim 16, Zuang teaches wherein the indoor positioning device is a user device and/or a server device (para. [0034] “single portable device” and “hand held” indicate a user device).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Zhuang (US 20180252528 A1) in view of Cattuto (US 20110019562 A1).
Regarding claim 6, Cattuto does not teach wherein the fingerprinting classifier comprises a supervised learning model.
Cattuto, in analogous art, teaches that estimating position of a wireless device can be performed “by means of a supervised automatic learning of the associations between said fingerprint vectors and the positions of the corresponding wireless device”.
It would have been obvious to modify Zhuang by implementing the fingerprinting classifier as a supervised learning model as taught by Cattuto in order to provide the known advantages of such, including the model increasing in accuracy over time.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Zhuang (US 20180252528 A1) in view of Wirola (US 20160192157 A1).
Regarding claim 8, Zhuang does not, at least explicitly, teach wherein the propagation model comprises a Path Loss Model. However, Zhuang teaches that the propagation model comprises a Kalman Filter (para. para. [0078] “The smooth filter 32 may use the Kalman filter (KF) or the adaptive Kalman filter (AKF)”, where a Kalman Filter inherently comprises a propagation model applied to measurement data), and Wirola teaches “Any path-loss-based localization method (such as... Kalman filtering, etc) can be used” (para. [0069]). Zhuang’s propagation model is therefore understood, in view of Wirola, to comprise a Path Loss Model.
Claims 13 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Zhuang (US 20180252528 A1) in view of OFFICIAL NOTICE.
Regarding claim 13, Zhuang does not, at least explicitly, teach the indoor positioning device is configured to provide, to a data repository, positioning data including one or more of:
- the updated position associated with the wireless device;
- the updated distance parameter associated with the wireless device;
- the adjusted measurement data associated with a corresponding beacon of the one or more beacons;
- a beacon location;
- a beacon position; and
- a timestamp of the storing
However, this amounts to merely conventional data storage. If not inherent to Zhuang, Examiner takes OFFICIAL NOTICE that providing any of the listed types of positioning data to a data repository is well-known in the art. It would have been obvious to modify Zhuang by providing the positioning data to a data repository because it is well-known to do so and provides the advantage of using the data at a future time.
Regarding claim 15, Zhuang does not, at least explicitly, teach the fingerprinting classifier is configured to obtain the positioning data from the data repository and to generate the first expected measurement data based on the positioning data.
However, this amounts to merely conventional data storage and retrieval. If not inherent to Zhuang, Examiner takes OFFICIAL NOTICE that obtaining data from a data repository and performing analysis of said data is well-known in the art. It would have been obvious to modify Zhuang by obtaining the positioning data from a data repository because it is well-known to do so and provides the advantage of accessing the data when needed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Robertson (US 20150031390 A1) Fig. 3 shows the features of claims 1 and 17:
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/CASSI J GALT/Primary Examiner, Art Unit 3648
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