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 § 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.
(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.
Claims 1-4, 6-7, and 9 are rejected under 35 U.S.C. 102(a)(1) & 102(a)(2) as being anticipated by Buchheim et al (US 2014/0135042).
Regarding Claim 1, Buchheim teaches a key tracking system ([0072] Bluetooth enabled beacon and mobile app, Figs. 4-7) comprising: an electronic device, the electronic device having an application providing a user interface ([0082], mobile application is preferably adapted for use on a cellular mobile communication device such as a smart phone. More preferably, the application is adapted for use on a smart phone enabled with Bluetooth technology, and most preferably with a mobile device enabled with Bluetooth Low Energy (BLE) capabilities);
a key having a bow, the bow having a front wall, a rear wall, and a peripheral wall extending between the rear wall and the front wall to define an interior space between the front wall and the rear wall ([0078], Fig. 4, semi-schematic exploded view of an embodiment of the innovative sticker beacon 10 and a key-ring fob 30. In the Figure, a front cover 40 includes speaker holes 42 (similar in function to speaker hole 12 of FIG. 1, although having a slightly different configuration). A back cover 41 is adapted fittingly close together with front cover 40);
a location tracker being positioned within the interior space and electronically coupled to the application ([0079], A round circuit board 44 is enclosed by back and front covers 40/41 of the sticker 10, wireless communication component 48 effects all Bluetooth and BLE related functionality (e.g. sending and receiving signals/data etc.), wireless communication component 48 includes an RSSI module for measuring the signal strength of RSSI values received at the component. In some embodiments, component 48 is capable of effecting other types of wireless communication (all well known in the art) in addition to, or in place of, Bluetooth communication. An LED 50 (or other illumination means) emit a visual alert (such as emitting a solid light or flashing alert) in accordance with relevant or corresponding instructions (discussed below). In some embodiments, light from LED 50 is visible through speaker holes 42. In other embodiments, illumination from LED 50 is visible through a transparent section (not shown) of either front cover 40 or back cover 41 or area of connection between the two. An audio component 52 enables sticker 10 to emit an audible sound such as a buzzer. Both the illumination function and sound function enhance the user's ability to find the beacon),
the location identifying means identifying a location of the key and relaying data corresponding to the location to the application thereby indicating the location of the key on the application ([0088], Fig. 5, Sticker 10 is paired to phone 60 and measures RSSI levels from sticker 10 to phone 60. Sticker 10 then sends the data over Bluetooth to phone 60. Therefore, when phone 60 displays the approximate distance between sticker 10 and phone 60, radar-screen 62 is really displaying the RSSI values measured at the sticker, then sent to phone); and
a battery being positioned within the interior space, the battery being electronically coupled with the location tracker ([0079], A battery 54, such as a watch battery or button cell, is replaceably attached to board 44).
Regarding Claim 2, Buchheim teaches the key tracking system of claim 1, wherein the electronic device comprises at least one of a mobile phone, a smart watch, a tablet, and a computer ([0083], the mobile application is supported on mobile platforms (smart phones, PDAs, Tablet computers etc.)).
Regarding Claim 3, Buchheim teaches the key tracking system of claim 1, wherein the application includes an internet browser and wherein the user interface includes a website ([0258], The Tag assists in managing inventory as each tag can be sensed by the management system automatically. Bluetooth Low Energy also allows for managing inventory over an area of approximately one hundred feet. Any computing device which is BLE enabled, can know at any given time, the inventory status. The up-to-date inventory information is then readily available on the system server and/or in the cloud/on the Web).
Regarding Claim 4, Buchheim teaches the key tracking system of claim 1, the location tracker further comprising: a central processing unit being positioned within the interior space, the central processing unit being in wireless electronic communication with the application ([0079], A round circuit board 44 is enclosed by back and front covers 40/41 of the sticker 10, wireless communication component 48 effects all Bluetooth and BLE related functionality (e.g. sending and receiving signals/data etc.), wireless communication component 48 includes an RSSI module for measuring the signal strength of RSSI values received at the component. In some embodiments, component 48 is capable of effecting other types of wireless communication (all well known in the art) in addition to, or in place of, Bluetooth communication. An LED 50 (or other illumination means) emit a visual alert (such as emitting a solid light or flashing alert) in accordance with relevant or corresponding instructions (discussed below). In some embodiments, light from LED 50 is visible through speaker holes 42. In other embodiments, illumination from LED 50 is visible through a transparent section (not shown) of either front cover 40 or back cover 41 or area of connection between the two. An audio component 52 enables sticker 10 to emit an audible sound such as a buzzer. Both the illumination function and sound function enhance the user's ability to find the beacon);
a global positioning system unit being positioned within the interior space, the global positioning system unit being electronically coupled with the central processing unit, the global positioning system unit providing a location of the key to the central processing unit, whereby the central processing unit is configured to provide data identifying the location to the application ([0082-0084], beacon is Bluetooth low energy or Bluetooth, locatable by the mobile application, In some further embodiments (not shown), the beacon is alternatively or additionally WiFi enabled, allowing the beacon to be tracked via the WiFi signal using an embodiment of the mobile application adapted to locate the beacon using WiFi. In some embodiments sticker 10 additionally and/or alternatively includes a cellular communications component capable of effecting (receiving and/or sending) cellular voice (i.e. telephonic) or data (wireless cellular data) communication. In some embodiments, sticker 10 alternatively and/or additionally includes a component capable of satellite and/or GPS communication (i.e. communication with a GPS and/or GPS-like satellites)); and
the user interface including a map showing the location of the key when the global positioning system unit is in wireless electronic communication with the application ([0276], user can download a special application to his mobile phone, which is designated to work with the GPS locator device. Exemplarily, the application allows the user to synchronize according to a predetermined device encryption, see the device location on a map, trigger an alarm whenever the GPS locator device distance from a certain point exceeds a predefined distance, etc).
Regarding Claim 6, Buchheim teaches the key tracking system of claim 1, the location identifying means further comprising: a radio frequency identification tag being positioned within the interior space, the radio frequency identification tag being wirelessly couplable to the personal electronic device ([0079], A round circuit board 44 is enclosed by back and front covers 40/41 of the sticker 10, wireless communication component 48 effects all Bluetooth and BLE related functionality (e.g. sending and receiving signals/data etc.), wireless communication component 48 includes an RSSI module for measuring the signal strength of RSSI values received at the component. In some embodiments, component 48 is capable of effecting other types of wireless communication (all well known in the art) in addition to, or in place of, Bluetooth communication. An LED 50 (or other illumination means) emit a visual alert (such as emitting a solid light or flashing alert) in accordance with relevant or corresponding instructions (discussed below). In some embodiments, light from LED 50 is visible through speaker holes 42. In other embodiments, illumination from LED 50 is visible through a transparent section (not shown) of either front cover 40 or back cover 41 or area of connection between the two. An audio component 52 enables sticker 10 to emit an audible sound such as a buzzer. Both the illumination function and sound function enhance the user's ability to find the beacon),
wherein the user interface is configured to wirelessly couple the radio frequency identification tag to the personal electronic device, the radio frequency identification tag being actuatable to relay the data corresponding to the location to the application thereby providing the location of the key ([0088], Fig. 5, Sticker 10 is paired to phone 60 and measures RSSI levels from sticker 10 to phone 60. Sticker 10 then sends the data over Bluetooth to phone 60. Therefore, when phone 60 displays the approximate distance between sticker 10 and phone 60, radar-screen 62 is really displaying the RSSI values measured at the sticker, then sent to phone)); and
the user interface including a map showing the location of the key when the radio frequency identification tag is wirelessly coupled to the personal electronic device ([0276], user can download a special application to his mobile phone, which is designated to work with the GPS locator device. Exemplarily, the application allows the user to synchronize according to a predetermined device encryption, see the device location on a map, trigger an alarm whenever the GPS locator device distance from a certain point exceeds a predefined distance, etc),
the user interface having an electronic button, the electronic button signaling the radio frequency identification tag to relay the location data ([0107], Fig. 6 is a screen shot of a smart phone 60 running a ‘Find It’ feature of the innovative mobile application. The “Find IT” Feature is used when searching for a missing sticker 10, i.e. when the beacon is not in range of phone 60. A user activates a find feature for a desired object/beacon 68 by selecting a switch 70 for the tagged object. Once the desired beacon comes back into range, then phone 60 issues an alert. The alert notifies the user that the beacon is back in range).
Regarding Claim 7, Buchheim teaches the key tracking system of claim 1, wherein the key comprises an electronic key fob ([0080], A key fob (or ‘keychain holder’, keychain fob, key-ring fob or simply ‘fob’ as referred to hereinafter) 56 is an optional addition to sticker beacon 10. Fob 56 allows sticker 10 to be attached to objects that do not have useable flat surfaces. For example, a set of keys cannot comfortably house a Bluetooth sticker 10 unless the sticker is attached to fob 56 and mounted on the key-ring).
Regarding Claim 9, Buchheim teaches a key tracking system ([0072] Bluetooth enabled beacon and mobile app, Figs. 4-7) comprising:
a personal electronic device, the personal electronic device having an application providing a user interface ([0082], mobile application is preferably adapted for use on a cellular mobile communication device such as a smart phone. More preferably, the application is adapted for use on a smart phone enabled with Bluetooth technology, and most preferably with a mobile device enabled with Bluetooth Low Energy (BLE) capabilities);
a key having a bow, the bow having a front wall, a rear wall, and a peripheral wall extending between the rear wall and the front wall to define an interior space between the front wall and the rear wall ([0078], Fig. 4, semi-schematic exploded view of an embodiment of the innovative sticker beacon 10 and a key-ring fob 30. In the Figure, a front cover 40 includes speaker holes 42 (similar in function to speaker hole 12 of FIG. 1, although having a slightly different configuration). A back cover 41 is adapted fittingly close together with front cover 40);
a location identifying means being positioned within the interior space and electronically coupled to the application, the location identifying means identifying a location of the key and relaying data corresponding to the location to the application thereby indicating the location of the key on the application ([0079], A round circuit board 44 is enclosed by back and front covers 40/41 of the sticker 10, wireless communication component 48 effects all Bluetooth and BLE related functionality (e.g. sending and receiving signals/data etc.), wireless communication component 48 includes an RSSI module for measuring the signal strength of RSSI values received at the component. In some embodiments, component 48 is capable of effecting other types of wireless communication (all well known in the art) in addition to, or in place of, Bluetooth communication. An LED 50 (or other illumination means) emit a visual alert (such as emitting a solid light or flashing alert) in accordance with relevant or corresponding instructions (discussed below). In some embodiments, light from LED 50 is visible through speaker holes 42. In other embodiments, illumination from LED 50 is visible through a transparent section (not shown) of either front cover 40 or back cover 41 or area of connection between the two. An audio component 52 enables sticker 10 to emit an audible sound such as a buzzer. Both the illumination function and sound function enhance the user's ability to find the beacon),
the location identifying means comprising: a radio frequency identification tag being positioned within the interior space, the radio frequency identification tag being wirelessly couplable to the personal electronic device ([0082-0084], beacon is Bluetooth low energy or Bluetooth, locatable by the mobile application, In some further embodiments (not shown), the beacon is alternatively or additionally WiFi enabled, allowing the beacon to be tracked via the WiFi signal using an embodiment of the mobile application adapted to locate the beacon using WiFi. In some embodiments sticker 10 additionally and/or alternatively includes a cellular communications component capable of effecting (receiving and/or sending) cellular voice (i.e. telephonic) or data (wireless cellular data) communication. In some embodiments, sticker 10 alternatively and/or additionally includes a component capable of satellite and/or GPS communication (i.e. communication with a GPS and/or GPS-like satellites)),
wherein the user interface is configured to wirelessly couple the radio frequency identification tag to the personal electronic device, the radio frequency identification tag being actuatable to relay the data corresponding to the location to the application thereby providing the location of the key ([0088], Fig. 5, Sticker 10 is paired to phone 60 and measures RSSI levels from sticker 10 to phone 60. Sticker 10 then sends the data over Bluetooth to phone 60. Therefore, when phone 60 displays the approximate distance between sticker 10 and phone 60, radar-screen 62 is really displaying the RSSI values measured at the sticker, then sent to phone);
the user interface including a map indicating the location of the key when the radio frequency identification tag is wirelessly coupled to the personal electronic device ([0276], user can download a special application to his mobile phone, which is designated to work with the GPS locator device. Exemplarily, the application allows the user to synchronize according to a predetermined device encryption, see the device location on a map, trigger an alarm whenever the GPS locator device distance from a certain point exceeds a predefined distance, etc),
the user interface having an electronic button, wherein actuation of the electronic button signals the radio frequency identification tag to relay the location data to the personal electronic device ([0107], Fig. 6 is a screen shot of a smart phone 60 running a ‘Find It’ feature of the innovative mobile application. The “Find IT” Feature is used when searching for a missing sticker 10, i.e. when the beacon is not in range of phone 60. A user activates a find feature for a desired object/beacon 68 by selecting a switch 70 for the tagged object. Once the desired beacon comes back into range, then phone 60 issues an alert. The alert notifies the user that the beacon is back in range); and
a battery being positioned within the interior space, the battery being electronically coupled with the radio frequency identification tag ([0079], A battery 54, such as a watch battery or button cell, is replaceably attached to board 44).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 5 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Buchheim et al (US 2014/0135042), in view of Stein (US 2017/0360169).
Regarding Claim 5, Buchheim teaches the key tracking system of claim 4, except the following, which in the same field of endeavor, Stein teaches a button being mounted on the bow, the button being electronically coupled to the central processing unit, actuation of the button signaling the central processing unit to wirelessly connect the global positioning system unit with the application, wherein the user interface is configured to facilitate wirelessly connecting the global positioning system unit with the application such that the global positioning system unit is in wireless electronic communication with the application ([0107], It is also possible to use the Bluetooth tracking system in reverse. For example, activation button 513 can be pressed to reverse the location process. For example, if the user has key locator 510 (but not his smart phone) the user can press activation button 510 to cause an alert to sound on the smart phone. The user can then locate the smart phone by listing to the audible alert).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the button activation on the front of the fob, as taught in Stein, in the tracking system of Buchheim, in order to effectively trigger the tracking regardless of which device the user currently has possession of.
Regarding Claim 8, Buchheim teaches a key tracking system ([0072] Bluetooth enabled beacon and mobile app, Figs. 4-7) comprising:
an electronic device, the electronic device having an application with a user interface ([0082], mobile application is preferably adapted for use on a cellular mobile communication device such as a smart phone. More preferably, the application is adapted for use on a smart phone enabled with Bluetooth technology, and most preferably with a mobile device enabled with Bluetooth Low Energy (BLE) capabilities),
the application including an internet browser ([0258], The Tag assists in managing inventory as each tag can be sensed by the management system automatically. Bluetooth Low Energy also allows for managing inventory over an area of approximately one hundred feet. Any computing device which is BLE enabled, can know at any given time, the inventory status. The up-to-date inventory information is then readily available on the system server and/or in the cloud/on the Web),
the electronic device comprising a mobile phone ([0083], the mobile application is supported on mobile platforms (smart phones, PDAs, Tablet computers etc.));
a key having a bow, the bow having a front wall, a rear wall, and a peripheral wall extending between the rear wall and the front wall to define an interior space between the front wall and the rear wall ([0078], Fig. 4, semi-schematic exploded view of an embodiment of the innovative sticker beacon 10 and a key-ring fob 30. In the Figure, a front cover 40 includes speaker holes 42 (similar in function to speaker hole 12 of FIG. 1, although having a slightly different configuration). A back cover 41 is adapted fittingly close together with front cover 40),
the key comprising an electronic key fob ([0080], A key fob (or ‘keychain holder’, keychain fob, key-ring fob or simply ‘fob’ as referred to hereinafter) 56 is an optional addition to sticker beacon 10. Fob 56 allows sticker 10 to be attached to objects that do not have useable flat surfaces. For example, a set of keys cannot comfortably house a Bluetooth sticker 10 unless the sticker is attached to fob 56 and mounted on the key-ring);
a location identifying means being positioned within the interior space and electronically coupled to the application, the location identifying means identifying a location of the key and relaying data corresponding to the location to the application thereby indicating the location of the key on the application, the location identifying means comprising: a central processing unit being positioned within the interior space, the central processing unit being in wireless electronic communication with the application ([0079], A round circuit board 44 is enclosed by back and front covers 40/41 of the sticker 10, wireless communication component 48 effects all Bluetooth and BLE related functionality (e.g. sending and receiving signals/data etc.), wireless communication component 48 includes an RSSI module for measuring the signal strength of RSSI values received at the component. In some embodiments, component 48 is capable of effecting other types of wireless communication (all well known in the art) in addition to, or in place of, Bluetooth communication. An LED 50 (or other illumination means) emit a visual alert (such as emitting a solid light or flashing alert) in accordance with relevant or corresponding instructions (discussed below). In some embodiments, light from LED 50 is visible through speaker holes 42. In other embodiments, illumination from LED 50 is visible through a transparent section (not shown) of either front cover 40 or back cover 41 or area of connection between the two. An audio component 52 enables sticker 10 to emit an audible sound such as a buzzer. Both the illumination function and sound function enhance the user's ability to find the beacon);
a global positioning system unit being positioned within the interior space, the global positioning system unit being electronically coupled with the central processing unit, the global positioning system unit providing a location of the key to the central processing unit, whereby the central processing unit is configured to provide data identifying the location to the application ([0082-0084], beacon is Bluetooth low energy or Bluetooth, locatable by the mobile application, In some further embodiments (not shown), the beacon is alternatively or additionally WiFi enabled, allowing the beacon to be tracked via the WiFi signal using an embodiment of the mobile application adapted to locate the beacon using WiFi. In some embodiments sticker 10 additionally and/or alternatively includes a cellular communications component capable of effecting (receiving and/or sending) cellular voice (i.e. telephonic) or data (wireless cellular data) communication. In some embodiments, sticker 10 alternatively and/or additionally includes a component capable of satellite and/or GPS communication (i.e. communication with a GPS and/or GPS-like satellites));
the user interface including a map providing the location of the key when the global positioning system unit is in wireless electronic communication with the application ([0276], user can download a special application to his mobile phone, which is designated to work with the GPS locator device. Exemplarily, the application allows the user to synchronize according to a predetermined device encryption, see the device location on a map, trigger an alarm whenever the GPS locator device distance from a certain point exceeds a predefined distance, etc);
wherein the user interface is configured to facilitate wirelessly connecting the global positioning system unit with the application such that the global positioning system unit is in wireless electronic communication with the application ([0107], Fig. 6 is a screen shot of a smart phone 60 running a ‘Find It’ feature of the innovative mobile application. The “Find IT” Feature is used when searching for a missing sticker 10, i.e. when the beacon is not in range of phone 60. A user activates a find feature for a desired object/beacon 68 by selecting a switch 70 for the tagged object. Once the desired beacon comes back into range, then phone 60 issues an alert. The alert notifies the user that the beacon is back in range);
a battery being positioned within the interior space, the battery being electronically coupled with the central processing unit ([0079], A battery 54, such as a watch battery or button cell, is replaceably attached to board 44).
Buchheim fails to teach the following, which in the same field of endeavor, Stein teaches a button being mounted on the front wall, the button being electronically coupled to the central processing unit, actuation of the button signaling the central processing unit to wirelessly connect the global positioning system unit with the application ([0107], It is also possible to use the Bluetooth tracking system in reverse. For example, activation button 513 can be pressed to reverse the location process. For example, if the user has key locator 510 (but not his smart phone) the user can press activation button 510 to cause an alert to sound on the smart phone. The user can then locate the smart phone by listing to the audible alert).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the button activation on the front of the fob, as taught in Stein, in the tracking system of Buchheim, in order to effectively trigger the tracking regardless of which device the user currently has possession of.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Purba (US 2019/0147311) discloses In one aspect of the present disclosure, the tracking device may be a Bluetooth LE proximity tag that may have a button, a light, a sound generating buzzer, and a user replaceable battery. The tracking device may default to a sleep mode setting, where the battery is in place but the device is not transmitting. The tracking device may be activated by pressing the user button, after which the device will begin a continuous advertise or transmission mode at a certain interval, such as once every 250 milliseconds. The advertising interval may be adjusted by the system of the present disclosure, where increasing the interval or frequency of transmission may lead to more accuracy or greater discoverability and decreasing the interval or frequency of transmission may conserve battery ([0017]);
Robinson (US 2021/0258732) discloses In some embodiments, a display screen is disposed on the housing, wherein the display screen is configured to display a map showing a current location of each of the housing and the mobile device as determined by the GPS unit and the mobile GPS unit, respectively. In another embodiment, a control button is disposed on the housing, wherein the display screen is activated to display the map upon actuation of the control button ([0007]).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARGARET G WEBB whose telephone number is (571)270-7803. The examiner can normally be reached M-F 9:00-6:00 PM.
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, Charles Appiah can be reached at (571) 272-7904. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARGARET G WEBB/Primary Examiner, Art Unit 2641