DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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.
Claim 12 recites the limitation "the OEM" in line 1. There is insufficient antecedent basis for this limitation in the claim. Since the term OEM is not spelled out nor defined in the claim that the current one depends on, makes the claim not understandable.
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 10-12 rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
As to Independent claims 10:
Step 1 Analysis: Is the claim to a process, machine, manufacture or composition of matter? See MPEP § 2106.03.
Yes, the claim is a process.
Step 2A Prong One Analysis: Do the claims recite an abstract idea, law of nature, or natural phenomenon? See MPEP § 2106.04(II)(A)(1).
Yes, the limitation “securing a belt clip assembly to a portable radio to provide a radio tracking assembly, wherein the belt clip assembly includes a belt clip, a tracking chip and a tracking battery, wherein the tracking chip is powered by the tracking battery, wherein the radio includes a radio battery, wherein the tracking chip is part of a network,
placing the radio tracking assembly in a first location,
powering down the radio battery or allowing the radio battery to die, and determining that the radio tracking assembly is at the first location via the network” recited in independent claim 10 is the abstract idea of a Mental process. See MPEP § 2106.04(a)(2)(III)(B).
Step 2A Prong Two Analysis: Does the claim recite additional elements that integrate the judicial exception into a practical application? See MPEP § 2106.04(d).
No, The claim as a whole does not amount to significantly more than the exception itself, which discloses steps that are common and routine on how to safely attach an item to a belt, and thus is not eligible. See MPEP §§ 2106.05(II).
Step 2B Analysis: Does the claim recite additional elements that amount to significantly more than the judicial exception? See MPEP § 2106.05.
No, The claim as a whole does not amount to significantly more than the exception itself discloses steps that are common and routine on how to safely attach an item to a belt, and thus is not eligible. See MPEP §§ 2106.05(II).
As to claims 11:
Step 1 Analysis: Is the claim to a process, machine, manufacture or composition of matter? See MPEP § 2106.03.
Yes, the claim is a process.
Step 2A Prong One Analysis: Do the claims recite an abstract idea, law of nature, or natural phenomenon? See MPEP § 2106.04(II)(A)(1).
Yes, the limitation “securing a belt clip assembly to a portable radio to provide a radio tracking assembly, wherein the belt clip assembly includes a belt clip, a tracking chip and a tracking battery, wherein the tracking chip is powered by the tracking battery, wherein the radio includes a radio battery, wherein the tracking chip is part of a network,
placing the radio tracking assembly in a first location,
powering down the radio battery or allowing the radio battery to die, and determining that the radio tracking assembly is at the first location via the network” limitation identified as an abstract idea in the independent claim.
Step 2A Prong Two Analysis: Do the claims recite additional elements that integrate the judicial exception into a practical application? See MPEP § 2106.04(d).
No, all elements are part of the abstract idea as shown above.
Step 2B Analysis: Do the claims recite additional elements that amount to significantly more than the judicial exception? See MPEP § 2106.05.
No, all elements are part of the abstract idea as shown above.
As to claim 12:
Step 1 Analysis: Is the claim to a process, machine, manufacture or composition of matter? See MPEP § 2106.03.
Yes, the claim is a process.
Step 2A Prong One Analysis: Does the claim recite an abstract idea, law of nature, or natural phenomenon? See MPEP § 2106.04(II)(A)(1).
Yes, the limitation “securing a belt clip assembly to a portable radio to provide a radio tracking assembly, wherein the belt clip assembly includes a belt clip, a tracking chip and a tracking battery, wherein the tracking chip is powered by the tracking battery, wherein the radio includes a radio battery, wherein the tracking chip is part of a network,
placing the radio tracking assembly in a first location,
powering down the radio battery or allowing the radio battery to die, and determining that the radio tracking assembly is at the first location via the network” limitation identified as an abstract idea in the independent claim.
Step 2A Prong Two Analysis: Does the claim recite additional elements that integrate the judicial exception into a practical application? See MPEP § 2106.04(d).
No, all elements are part of the abstract idea as shown above.
Step 2B Analysis: Does the claim recite additional elements that amount to significantly more than the judicial exception? See MPEP § 2106.05.
No, all elements are part of the abstract idea as shown above.
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.
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.
Claims 1-12 are rejected under 35 U.S.C. 103 as being unpatentable over Cheng (US 2010/0321196 A1) in view of Dean (US 2016/0030818 A1).
Claim 1. Cheng discloses A belt clip assembly (read as portable belt clip [0023]. FIG. 1 item 2) comprising:
a belt clip (read as A portable belt clip with locator system [0023]) configured to be used (limitations included after the term “used” are interpreted as intended use and have no patentable weight) with a portable radio,
wherein the belt clip includes a tracking chip (read as A portable belt clip with locator system [0023] … The LCD 32 displays the direction and distance between the transmitter and the receiver [0028] … Time of Arrival (TOA) [0031] Time of arrival (TOA) is method for determining the distance relative to the belt clip transmitter and the belt clip external receiver … [0030-0032]. FIG. 3a) and a battery associated therewith (read as A battery is incorporated within the housing such that the housing and battery can be clipped to the belt of a user [0011]).
Cheng does not explicitly disclose “tracking chip”. However, in the related field of endeavor Dean discloses: GPS chip for tracking a relative location of the with green repair tool to at least one golf-course-related point of interest… [0066], FIG. 11 item 804.
Therefore, it would have been obvious to a person of ordinary skill in the art, at the time the invention was filed, to modify the teaching of Cheng with the teaching of Dean in order to locate tools in a particular location (comprise GPS chip 804 for tracking a relative location of digital memory golf green repair tool systems 100 to a golf-course-related point of interest (Dean [0084])).
Claim 2. The belt clip assembly of claim 1, the combination of Cheng and Dean teaches,
wherein the tracking chip (Cheng: read as A belt clip external receiver uses a receiving embedded system to calculate the position of the subject [0014]. FIG. 3a, all parts) and battery (Cheng: read as The belt clip includes a housing … A battery is incorporated within the housing [0011]) are embedded in the belt clip.
Claim 3. The belt clip assembly of claim 1, the combination of Cheng and Dean teaches,
wherein the tracking chip (Cheng: read as A belt clip external receiver uses a receiving embedded system to calculate the position of the subject [0014]. FIG. 3a, all parts) and battery are attached, connected or secured to the belt clip (Cheng: read as The belt clip includes a housing … A battery is incorporated within the housing [0011]).
Claim 4. The belt clip assembly of claim 1, the combination of Cheng and Dean teaches,
wherein the tracking chip (Dean: read as GPS chip for tracking a relative location of the with green repair tool to at least one golf-course-related point of interest… [0066], FIG. 2, item 105 being detached from the rest of the system.) and battery (Dean: read as The belt clip includes a housing … A battery is incorporated within the housing [0011]) are associated with a tracking module that is attached, connected or secured to a main body portion of the belt clip (Cheng: read as A belt clip external receiver uses a receiving embedded system to calculate the position of the subject [0014]. FIG. 3a, all parts).
Claim 5. The belt clip assembly of claim 4, the combination of Cheng and Dean teaches,
wherein the tracking module is removable from the main body portion (Dean: read as GPS chip for tracking a relative location of the with green repair tool to at least one golf-course-related point of interest… [0066], FIG. 2, item 105 being detached from the rest of the system.).
Claim 6. Cheng discloses A radio tracking assembly (FIG. 3a) comprising:
a portable radio (read as The radio frequency (RF) receiver takes in the Radio frequency (RF) signal [0029]) that includes a belt clip (FIG. 1 and 3, item 2), wherein the belt clip includes a tracking chip (read as A belt clip external receiver uses a receiving embedded system to calculate the position of the subject [0014]. FIG. 3a, all parts) and a battery associated therewith (read as The belt clip includes a housing … A battery is incorporated within the housing [0011]).
Cheng does not explicitly disclose “tracking chip”. However, in the related field of endeavor Dean discloses: GPS chip for tracking a relative location of the with green repair tool to at least one golf-course-related point of interest… [0066], FIG. 11 item 804.
Therefore, it would have been obvious to a person of ordinary skill in the art, at the time the invention was filed, to modify the teaching of Cheng with the teaching of Dean in order to locate tools in a particular location (comprise GPS chip 804 for tracking a relative location of digital memory golf green repair tool systems 100 to a golf-course-related point of interest (Dean [0084])).
Claim 7. The radio tracking assembly of claim 6, the combination of Cheng and Dean teaches,
wherein the tracking chip (Dean: read as GPS chip for tracking a relative location of the with green repair tool to at least one golf-course-related point of interest… [0066], FIG. 11 item 804) and battery are attached, connected or secured to the belt clip (Cheng: read as The belt clip includes a housing … A battery is incorporated within the housing [0011]).
Claim 8. Cheng discloses A radio tracking system (FIG. 1 and 3, tracking system including devices 1 and 2) comprising:
a first portable radio that includes a first belt clip (FIG. 3 item 1), wherein the first belt clip includes a first tracking chip and a first tracking battery associated therewith (read as A battery is incorporated within the housing such that the housing and battery can be clipped to the belt of a user [0011]),
a second portable radio that includes a second belt clip (FIG. 3, item 2), wherein the second belt clip includes a second tracking chip and a second tracking battery associated therewith (read as A battery is incorporated within the housing such that the housing and battery can be clipped to the belt of a user [0011]),
wherein the first and second radios are trackable within a first network (FIG. 3, item 3 is mobile phone which is connected to a cell network and communicates with other mobiles.), wherein the first and second tracking chips are trackable within a second network (FIG. 3, the tracking devices items 1 and 2 belongs to a network which includes only the two devices (items 1 and 2)), and wherein the first network is different than the second network (FIG. 3, cell network used by the mobile device item 3 is different than the tracking network used by items 1 and 2. FIG. 3 shows one set of tracking devices. However, it is easy to see the existence of multiple tracking devices as in FIG. 3, where the radios communicate in one network (like cellular of WiFi and the other is tacking as shown in the figure.).
Cheng does not explicitly disclose “tracking chip”. However, in the related field of endeavor Dean discloses: GPS chip for tracking a relative location of the with green repair tool to at least one golf-course-related point of interest… [0066], FIG. 11 item 804.
Therefore, it would have been obvious to a person of ordinary skill in the art, at the time the invention was filed, to modify the teaching of Cheng with the teaching of Dean in order to locate tools in a particular location (comprise GPS chip 804 for tracking a relative location of digital memory golf green repair tool systems 100 to a golf-course-related point of interest (Dean [0084])).
Claim 9. The radio tracking system of claim 8, the combination of Cheng and Dean teaches,
wherein the first tracking chip (Dean: read as GPS chip for tracking a relative location of the with green repair tool to at least one golf-course-related point of interest… [0066], FIG. 11 item 804) and first batter battery are attached (Cheng: read as A battery is incorporated within the housing such that the housing and battery can be clipped to the belt of a user [0011]), connected or secured to the first belt clip (Cheng: read as belt clip [0005]), and wherein the second tracking chip (Dean: read as GPS chip for tracking a relative location of the with green repair tool to at least one golf-course-related point of interest… [0066], FIG. 11 item 804) and second batter battery are attached, connected or secured to the second belt clip (Cheng: read as belt clip [0005]).
Claim 10. Cheng discloses A method (read as method for determining the distance relative to the belt clip transmitter and the belt clip external receiver [0030]. FIG. 1-3a) comprising the steps of:
securing a belt clip (read as A portable belt clip with locator system [0023]) assembly to a portable radio (read as The radio frequency (RF) receiver takes in the Radio frequency (RF) signal [0029]) to provide a radio tracking assembly, wherein (terms included after “wherein” describe the tracking system and do not limit the claimed method, as a result they do not have patentable weight.) the belt clip assembly includes a belt clip, a tracking chip and a tracking battery, wherein the tracking chip is powered by the tracking battery, wherein the radio includes a radio battery, wherein the tracking chip is part of a network,
placing the radio tracking assembly in a first location (FIG. 2 and 3 the tracking device is placed in a first location),
powering down the radio battery (read as switch 11 can be installed on the belt clip external receiver 2 for turning on and off the belt clip external receiver 2 [0023]) or allowing the radio battery to die, and
determining that the radio tracking assembly is at the first location via the network (read as A portable belt clip with locator system [0023] … The LCD 32 displays the direction and distance between the transmitter and the receiver [0028] … Time of Arrival (TOA) [0031] Time of arrival (TOA) is method for determining the distance relative to the belt clip transmitter and the belt clip external receiver … [0030-0032]. FIG. 3a).
Cheng does not explicitly disclose “tracking chip”. However, in the related field of endeavor Dean discloses: GPS chip for tracking a relative location of the with green repair tool to at least one golf-course-related point of interest… [0066], FIG. 11 item 804.
Therefore, it would have been obvious to a person of ordinary skill in the art, at the time the invention was filed, to modify the teaching of Cheng with the teaching of Dean in order to locate tools in a particular location (comprise GPS chip 804 for tracking a relative location of digital memory golf green repair tool systems 100 to a golf-course-related point of interest (Dean [0084])).
Claim 11. The method of claim 10, the combination of Cheng and Dean teaches,
wherein the tracking chip (Cheng: read as A portable belt clip with locator system [0023] … The LCD 32 displays the direction and distance between the transmitter and the receiver [0028] … Time of Arrival (TOA) [0031] Time of arrival (TOA) is method for determining the distance relative to the belt clip transmitter and the belt clip external receiver … [0030-0032]. FIG. 3a) and tracking battery are attached, connected or secured to the belt clip (Cheng: read as A battery is incorporated within the housing such that the housing and battery can be clipped to the belt of a user [0011]).
Claim 12. The method of claim 11, the combination of Cheng and Dean teaches,
further comprising the step of removing the OEM (the acronym OEM needs to be spelled out) belt clip from the portable radio prior to the step of securing the belt clip assembly to the portable radio (Cheng: read as A portable belt clip with locator system [0023] … The LCD 32 displays the direction and distance between the transmitter and the receiver [0028] … Time of Arrival (TOA) [0031] Time of arrival (TOA) is method for determining the distance relative to the belt clip transmitter and the belt clip external receiver … [0030-0032]. FIG. 3a).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Refer to PTO-892.
Additional prior art listed in PTO-892 disclose similar ideas to the claimed invention. In this regard, Galvez (US 2022/0322638 A1) discloses the idea of tracking the location of a pet.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMMED RACHEDINE whose telephone number is (571)272-9249. The examiner can normally be reached Mon-Fri 8-5.
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, Jeanette J. Parker can be reached at (571)270-3647. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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MOHAMMED . RACHEDINE
Examiner
Art Unit 2649
/MOHAMMED RACHEDINE/ Primary Examiner, Art Unit 2646
Prosecution Insights