Notice of Pre-AIA or AIA Status
1. 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 Arguments
2. Applicant's arguments filed 04/17/2026 have been fully considered but they are not persuasive. Applicant asserts (page 2 of remarks):
a) Gutt does not disclose a geolocation beacon that is configured to "transmit the geolocation using the wireless transmission system" as is recited in the last clause of Claim 1. Notably, the rejection of Claim 1 does not identify where this recitation of Claim 1 is taught in Gutt. Applicant respectfully submits that it is clear that Gutt does not transmit the geolocation of the geolocation beacon. Thus, as Gutt fails to disclose or suggest a processor of a geolocation beacon that is configured to "transmit the geolocation using the wireless transmission system".
b) However, the Examiner very kindly directs applicant to Fig.1 where Gutt teaches beacon device 130 which perform geolocation and transmit signal 140 which may at least include the TOA of the signal 140 at the monitoring receiver 150, and a location (position) and velocity of the monitoring receiver 150 at the time of arrival of the signal 140 at the monitoring receiver 150 (¶0074). Also, each of these hardware components (e.g., the beacon device 130, originating transmitter 110, monitoring receiver 150, and processing facility 160) may include a transceiver, which can include both a receiver configured to receive electromagnetic (EM) signals (e.g., RF signals) wirelessly and/or via wire, and a transmitter configured to transmit EM signals (e.g., RF signals) wirelessly and/or via wire (¶0065).
c) Applicant also asserts: Gutt is not configured to identify a geolocation of the beacon device 130, but instead is configured to measure estimated properties of the received first signal 120 and to transmit a second signal to the receiver 150 based on the measures estimated properties of the received first signal 120. The geolocation of the beacon device 130 is determined by the processing facility 160, which is not part of the beacon device 130.
d) However, the Examiner very kindly directs applicant to FIG. 1 which is a diagram illustrating an example of the disclosed system 100 for a low CSWAP geolocation capability that utilizes signal characteristics passed through to a backhaul network, where the system 100 includes a single originating transmitter 110 and a single monitoring receiver 150, in accordance with at least one embodiment of the present disclosure. In FIG. 1, the system 100 is shown to include four types of hardware components, which may include a beacon device 130 (e.g., a first device), an originating transmitter 110 (e.g., a second device), a monitoring receiver 150 (e.g., a third device), and a processing facility 160 (e.g., which may include at least one computer server). It should be noted that each of these hardware components (e.g., the beacon device 130, originating transmitter 110, monitoring receiver 150, and processing facility 160) may include a transceiver, which can include both a receiver configured to receive electromagnetic (EM) signals (e.g., RF signals) wirelessly and/or via wire, and a transmitter configured to transmit EM signals (e.g., RF signals) wirelessly and/or via wire. It should be noted that although the system 100 is shown in FIG. 1 to include two separate processing facilities 160, the system 100 may only include one processing facility 160 (¶0065). Also, the processing facility 160 has received the signal 170 from the monitoring receiver 150 and the signal 180 from the originating transmitter 110, the processing facility 160 may perform geolocation of the beacon device 130 by determining the location (position) of the beacon device 130 based on (utilizing) the data included within the signal 170 (e.g., the TOA of the signal 140 at the monitoring receiver 150, and a location (position) and velocity of the monitoring receiver 150 at the time of arrival of the signal 140 at the monitoring receiver 150) and the data included within the signal 180 (e.g., the time of transmission of the signal 120 from the originating transmitter 110 to the beacon device 130, and the location (position) and velocity of the originating transmitter 110 at the time of the transmission of the signal 120 to the beacon device 130 (¶0075).
e) Applicant further asserts (page 3 of remarks): the modification of Gutt asserted in the rejections of Claim 2 and 3 would render the system of Gutt inoperable. Such a modification to a primary reference cannot be used to support a rejection under 35 U.S.C. § 103.
f) In response to applicant's argument that there is no suggestion or motivation to combine the references, the examiner recognizes that obviousness can only 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) and In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992). In this case, both inventions, Gutt and RYKOWSKI, are directed toward operating a geolocation beacon (see Gutt, paragraph 75, and RYKOWSKI, paragraph 78), therefore, it would have been obvious to one of ordinary skill in the art after the effective filing data of the claimed invention to combine the teachings of Gutt into RYKOWSKI’s trusted geolocation beacon, operating using a Bluetooth standard 4.0LE (Low Energy), allowing for determining geolocation of persons, animals and inanimate moving objects (see RYKOWSKI, paragraph 0001). Thus, the advantages of the systems of Gutt and RYKOWSKI could have been easily combinable with more than reasonable expectation of success and the combination is efficient and proper.
g) Applicant further asserts: the modification to Gutt suggested in the rejection of Claim 5 is contrary to the purpose of the system of Gutt. Thus, Claim 5 is independently patentable over the cited art for these reasons.
h) In response to applicant's argument, the examiner recognizes that obviousness can only 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) and In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992). In this case, both inventions, Gutt and Hsu, are directed toward position and location determination of beacon data (see Gutt, paragraph 75, and Hsu, paragraph 107), therefore, it would have been obvious to one of ordinary skill in the art after the effective filing data of the claimed invention to combine the teachings of Gutt into Hsu’s localization of autonomous vehicles, and in particular localization using beacons for the highest position accuracy. Thus, the advantages of the systems of Gutt and Hsu could have been easily combinable with more than reasonable expectation of success and the combination is efficient and proper.
i) Applicant's arguments with regards to dependent claims 6-7 are based on the deficiency of the references to support the limitations of independent claims. The arguments are respectfully traversed for the same reason(s) as stated above for rejection of independent claim.
3. Therefore, the limitations of the claims are met and the rejection is made final.
Claim Rejections - 35 USC § 102
4. 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
A) Claim 1 is rejected under 35 U.S.C. 102(a)(2) as being anticipated by Gutt (US 2023/0412263 A1).
As per claim 1, Gutt discloses a geolocation beacon (Fig.1, geolocation beacon 130), comprising: a processor (¶0063, processor); a positioning signal reception system (Fig.1 and ¶0065, geolocation capability transceiver (i.e. reception system)); and a wireless signal transmission system (Fig.1 and ¶0065, wireless signal transceiver (i.e. transmission system)), wherein the processor is configured to identify a geolocation of the geolocation beacon using positioning signals received by the positioning signal reception system and transmit the geolocation using the wireless signal transmission system (Fig.1, ¶0065 and ¶0075, determine/identify a geolocation of the beacon device using positioning signals received by transceiver configured to receive electromagnetic (EM) signals (e.g., RF signals) wirelessly and/or via wire and transmitting the geolocation using transceiver configured to transmit EM signals (e.g., RF signals) wirelessly and/or via wire).
Claim Rejections - 35 USC § 103
5. 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.
A) Claims 2-4, and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Gutt (US 2023/0412263 A1) in view of RYKOWSKI (US 2017/0164142 A1).
As per claim 2 as applied to claim 1, Gutt teaches wireless enabled transceiver/antenna (¶0065).
However, Gutt does not explicitly teach wherein the wireless signal transmission system comprises a WiFi-enabled antenna.
In the same field of endeavor, RYKOWSKI teaches wherein the wireless signal transmission system comprises a WiFi-enabled antenna (¶0060, Wi-Fi based network).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gutt’s invention in order for operating a geolocation beacon, in particular addressing security and anonymity issues as well as using only unidirectional communication from the beacon to external receivers.
As per claim 3 as applied to claim 1, Gutt teaches wireless enabled transceiver/antenna (¶0065).
However, Gutt does not explicitly teach, wherein the wireless signal transmission system comprises a Bluetooth-enabled antenna.
In the same field of endeavor, RYKOWSKI teaches, wherein the wireless signal transmission system comprises a Bluetooth-enabled antenna (¶0060 and ¶0063, Bluetooth based transmission/reception)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gutt’s invention in order for operating a geolocation beacon, in particular addressing security and anonymity issues as well as using only unidirectional communication from the beacon to external receivers.
As per claim 4 as applied to claim 3 above, RYKOWSKI teaches wherein the wireless signal transmission system comprises a Bluetooth Low Energy (BLE) beacon (¶0063, Bluetooth LE 4.0 beacon).
As per claim 7 as applied to claim 1, Gutt does not explicitly teach, wherein the processor is further configured transmit the geolocation using the wireless signal transmission system periodically.
In the same field of endeavor, RYKOWSKI teaches, wherein the processor is further configured transmit the geolocation using the wireless signal transmission system periodically (¶0063, transmit the geolocation using the wireless transmission periodically).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gutt’s invention in order for operating a geolocation beacon, in particular addressing security and anonymity issues as well as using only unidirectional communication from the beacon to external receivers.
B) Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Gutt (US 2023/0412263 A1) in view of Hsu (US 2022/0171010 A1).
As per claim 5 as applied to claim 1 above, Gutt does not explicitly teach wherein the processor is further configured to transmit an uncertainty value of the geolocation using the wireless signal transmission system.
In the same field of endeavor, Hsu teaches wherein the processor is further configured to transmit an uncertainty value of the geolocation using the wireless signal transmission system (¶0100 and ¶0103, transmitting associated uncertainty value of localization data include position coordinates (e.g., latitude, longitude, altitude)).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gutt’s invention in order to localization of autonomous vehicles, and in particular localization using beacons for the highest position accuracy.
C) Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Gutt (US 2023/0412263 A1) in view of Liberty (US 2021/0383374 A1).
As per claim 6 as applied to claim 1 above, Gutt does not explicitly teach, wherein the processor is further configured to generate encryption credentials and encrypt the geolocation prior to the transmitting of the geolocation using the wireless signal transmission system.
In the same field of endeavor, Liberty teaches wherein the processor is further configured to generate encryption credentials and encrypt the geolocation prior to the transmitting of the geolocation using the wireless signal transmission system (¶0046,
the geolocation token is generated through the use of an encryption key or digital signature (i.e. credentials), the mobile computing device 110 may digitally sign and/or encrypt their respective geolocation token prior to communicating (i.e. transmitting/receiving).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gutt’s invention in order for managing multiple different authentication protocols across multiple different entities using geolocation validation for efficient and secure movement of monetary funds.
D) Claims 21-23, 25, 27, 29, and 31-32 are rejected under 35 U.S.C. 103 as being unpatentable over Gutt (US 2023/0412263 A1) in view of Zhang (US 2021/0264689 A1).
As per claim 21 as applied to claim 1 above, Gutt does not explicitly teach, wherein the processor is further configured to transmit information identifying a signal that includes the transmitted geolocation as a geolocation-containing signal.
In the same field of endeavor, Zhang teaches wherein the processor is further configured to transmit information identifying a signal that includes the transmitted geolocation as a geolocation-containing signal (¶0060-61, transmit data determining GPS signal that includes transmitted geolocation as GPS signals including geolocation (i.e. geolocation-containing signal)).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gutt’s invention in order to use satellite-transmitted data to determine their latitude, longitude, and altitude.
As per claim 22 as applied to claim 1 above, Gutt does not explicitly teach, wherein the positioning signals are received from a plurality of satellites.
In the same field of endeavor, Zhang teaches wherein the positioning signals are received from a plurality of satellites (¶0060, determining GPS signals has been received from a plurality of satellites).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gutt’s invention in order to use satellite-transmitted data to determine their latitude, longitude, and altitude.
As per claim 23 as applied to claim 1 above, Gutt does not explicitly teach, wherein the positioning signals are geolocation positioning signals.
In the same field of endeavor, Zhang teaches wherein the positioning signals are geolocation positioning signals (¶0060, Global Positioning System (GPS) signals including geolocation (i.e. geolocation positioning signals)).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gutt’s invention in order to use satellite-transmitted data to determine their latitude, longitude, and altitude.
As per claim 25, Gutt teach a geolocation beacon (Fig.1, geolocation beacon 130), comprising: a processor (¶0063, processor); a positioning signal reception system (Fig.1 and ¶0065, geolocation capability transceiver (i.e. reception system)); and a wireless signal transmission system (Fig.1 and ¶0065, wireless signal transceiver (i.e. transmission system)), wherein the processor is configured to identify a geolocation of the geolocation beacon using positioning signals received by the positioning signal reception system (Fig.1, ¶0065 and ¶0075, determine/identify a geolocation of the beacon device using positioning signals received by transceiver configured to receive electromagnetic (EM) signals (e.g., RF signals) wirelessly and/or via wire), and wherein the geolocation beacon is configured to transmit a signal that includes the geolocation using the wireless signal transmission system (Fig.1, ¶0065 and ¶0075,
transmitting the geolocation using transceiver configured to transmit EM signals (e.g., RF signals) wirelessly and/or via wire).
However, Gutt does not explicitly teach the positioning signals received by the positioning signal reception system from one or more satellites.
In the same field of endeavor, Zhang teaches the positioning signals received by the positioning signal reception system from one or more satellites (¶0060, Global Positioning System (GPS) signals received from plurality of satellites).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gutt’s invention in order to use satellite-transmitted data to determine their latitude, longitude, and altitude.
As per claim 27 as applied to claim 25 above, Gutt does not explicitly teach, wherein the signal that includes the geolocation further includes information identifying the signal as a geolocation-containing signal.
In the same field of endeavor, Zhang teaches wherein the signal that includes the geolocation further includes information identifying the signal as a geolocation-containing signal (¶0060-61, transmit data determining GPS signal that includes transmitted geolocation as GPS signals including geolocation (i.e. geolocation-containing signal)).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gutt’s invention in order to use satellite-transmitted data to determine their latitude, longitude, and altitude.
As per claim 29 as applied to claim 25 above, Gutt does not explicitly teach, wherein the positioning signals are geolocation positioning signals.
In the same field of endeavor, Zhang teaches wherein the positioning signals are geolocation positioning signals (¶0060, Global Positioning System (GPS) signals including geolocation (i.e. geolocation positioning signals)).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gutt’s invention in order to use satellite-transmitted data to determine their latitude, longitude, and altitude.
As per claim 31, Gutt teach a geolocation beacon for WiFi network (Fig.1, geolocation beacon 130 for wireless network (i.e. WiFi)), comprising: a processor (¶0063, processor); a positioning signal reception system (Fig.1 and ¶0065, geolocation capability transceiver (i.e. reception system)); and a wireless signal transmission system (Fig.1 and ¶0065, wireless signal transceiver (i.e. transmission system)), wherein the processor is configured to identify a geolocation of the geolocation beacon using positioning signals received by the positioning signal reception system (Fig.1, ¶0065 and ¶0075, determine/identify a geolocation of the beacon device using positioning signals received by transceiver configured to receive electromagnetic (EM) signals (e.g., RF signals) wirelessly and/or via wire), and wherein the geolocation beacon is configured to transmit a signal that includes the geolocation using the wireless signal transmission system (Fig.1, ¶0065 and ¶0075,
transmitting the geolocation using transceiver configured to transmit EM signals (e.g., RF signals) wirelessly and/or via wire).
However, Gutt does not explicitly teach the positioning signals received by the positioning signal reception system from one or more satellites.
In the same field of endeavor, Zhang teaches the positioning signals received by the positioning signal reception system from one or more satellites (¶0060, Global Positioning System (GPS) signals received from plurality of satellites).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gutt’s invention in order to use satellite-transmitted data to determine their latitude, longitude, and altitude.
As per claim 32 as applied to claim 31 above, Gutt does not explicitly teach, the signal further includes information identifying the signal as a geolocation-containing signal.
In the same field of endeavor, Zhang teaches the signal further includes information identifying the signal as a geolocation-containing signal (¶0060-61, transmit data determining GPS signal that includes transmitted geolocation as GPS signals including geolocation (i.e. geolocation-containing signal)).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gutt’s invention in order to use satellite-transmitted data to determine their latitude, longitude, and altitude.
E) Claim 24 is rejected under 35 U.S.C. 103 as being unpatentable over Gutt (US 2023/0412263 A1) in view of Amini (US 2023/0333264 A1).
As per claim 24 as applied to claim 1 above, Gutt does not explicitly teach, wherein the processor is further configured to transmit the geolocation using the wireless signal transmission system to a controller of a wireless area network or to an access point of the wireless area network.
In the same field of endeavor, Amini teaches wherein the processor is further configured to transmit the geolocation using the wireless signal transmission system to a controller of a wireless area network or to an access point of the wireless area network (¶0047, transmit geolocation estimation using transmitter to a controller of access point(s)).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gutt’s invention in order for determining the geolocation estimation by applying the relative locations of the APs.
F) Claim 26 is rejected under 35 U.S.C. 103 as being unpatentable over Gutt (US 2023/0412263 A1) in view of Zhang (US 2021/0264689 A1) and further in view of RYKOWSKI (US 2017/0164142 A1).
As per claim 26 as applied to claim 25, Gutt in view of Zhang does not explicitly teach, wherein the geolocation beacon is configured to periodically transmit the geolocation using the wireless signal transmission system.
In the same field of endeavor, RYKOWSKI teaches wherein the geolocation beacon is configured to periodically transmit the geolocation using the wireless signal transmission system (¶0063, transmit the geolocation using the wireless transmission periodically).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gutt and Zhang’s invention in order for operating a geolocation beacon, in particular addressing security and anonymity issues as well as using only unidirectional communication from the beacon to external receivers.
G) Claim 28 is rejected under 35 U.S.C. 103 as being unpatentable over Gutt (US 2023/0412263 A1) in view of Zhang (US 2021/0264689 A1) and further in view of Arad (US 2021/0136700 A1).
As per claim 28 as applied to claim 25, Gutt in view of Zhang does not explicitly teach, wherein the geolocation beacon is fixed to a surface.
In the same field of endeavor, Arad teaches wherein the geolocation beacon is fixed to a surface (¶0048, geolocation beacon located in the fixed (static) location).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gutt and Zhang’s invention in order to obtain and/or compute its own geolocation based on geolocation data received from one or more location sensors of the mobile wireless device in order to preserve energy, extend battery life and increase reliability.
H) Claim 30 is rejected under 35 U.S.C. 103 as being unpatentable over Gutt (US 2023/0412263 A1) in view of Zhang (US 2021/0264689 A1) and further in view of Amini (US 2023/0333264 A1).
As per claim 30 as applied to claim 25 above, Gutt in view of Zhang does not explicitly teach, transmit the geolocation using the wireless signal transmission system to a controller of a wireless area network or to an access point of the wireless area network.
In the same field of endeavor, Amini teaches transmit the geolocation using the wireless signal transmission system to a controller of a wireless area network or to an access point of the wireless area network (¶0047, transmit geolocation estimation using transmitter to a controller of access point(s)).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gutt and Zhang’s invention in order for determining the geolocation estimation by applying the relative locations of the APs.
Conclusion
6. THIS ACTION IS MADE FINAL. 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 FARIDEH MADANI whose telephone number is (571)272-1249. The examiner can normally be reached Monday through Friday; 9 AM to 5 PM EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JINSONG HU can be reached at 5712723965. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/FARIDEH MADANI/Examiner, Art Unit 2643
/JINSONG HU/ Supervisory Patent Examiner, Art Unit 2643
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