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 .
Response to Arguments
Applicant's arguments filed on Jul. 22, 2026 with respect to claims 1 - 19 have been fully considered but they are not persuasive.
Applicant’s argument, “Morgan fails to disclose the features of: generate a position confirmation result by confirming whether the positioning signal is within a position coordinate range, and to generate a network confirmation result by confirming whether the wireless network name to be confirmed is a trusted Service Set Identifier (SSID); or when the position confirmation result is yes and the network confirmation result is yes, the processor sends a stored data through the wireless communication module and the communication device to an external device signally connected to the communication device” of the original claims 1, 7 and 14.
The examiner’s response, “Morgan discloses, user device 101, scanning vehicle 201 – Figs. 1/101, 2/201. A location beacon database and server, method of building location beacon database, and location based service using same. Wi-Fi access points are located in a target geographical area to build a reference database of locations of Wi-Fi access points. While traversing the target area, periodically receive the GPS coordinates of the GPS device. While traversing the target area, detecting Wi-Fi signals from Wi-Fi access points in range of the Wi-Fi device and recording identity information of the detected Wi-Fi access point in conjunction with GPS location information of the vehicle when the detection of the Wi-Fi access point was made. The location information is used to reverse triangulate the position of the detected Wi-Fi access point; and the position of the detected access point is recorded in a reference database – Figs. 1, 2, 8, 9, 10, ABSTRACT, paragraphs 0020 – 0025.
An access points in receipt of a probe request will transmit a broadcast beacon containing information about the access point. That beacon includes the MAC address of the device, the network name, the precise version of the protocol that it supports and its security configuration along with information about how to connect to the device – paragraph 0043. The responding signal beacons contains the network name of the access point - known as an SSID, the MAC address of the access point device as well as other meta information about the access point – paragraph 0052.
The location information is used to reverse triangulate the position of the detected Wi-Fi access point; and the position of the detected access point is recorded in a reference database – paragraph 0020.
The scanning device also tracks the presence of any 802.11 access point within range and records the radio characteristics of that access point signal along with the GPS location of the scanning vehicle – paragraph 0047.
The scanner passes this array of access points to the Locator 906 which checks the MAC addresses of each observed access point against the Access Point Reference Database 905. The Access Point Reference Database returns the location data for each of the observed access points that are known to the
system – Fig. 9/905, paragraph 0044. Here, the Locator 906 which checks the MAC addresses of each observed access point against the Access Point Reference Database 905, reads on the claimed feature, generate a position confirmation result by confirming whether the positioning signal is within a position coordinate range, and to generate a network confirmation result by confirming whether the wireless network name to be confirmed is a trusted Service Set Identifier (SSID).
The Locator passes this collection of location information along with the signal characteristics returned from each access point to the Bad Data Filter 907. This filter applies a number of comparison tests against each access point to determine if any of the access points have moved since they were added to the access point database. After removing bad data records, the Filter sends the remaining access points to the Location Calculation component 908 – paragraph 0044. Once authenticated, the scanning client 704 identifies all the recently collected scan data from the local storage 703 and uploads that data to the Central Network Database 802 – Fig. 8/802, paragraph 0057. Here, the results are uploaded to the central network database 802 after authenticated – i.e., confirmed, reads on the claimed feature, when the position confirmation result is yes and the network confirmation result is yes, the processor sends a stored data through the wireless communication module and the communication device to an external device signally connected to the communication device”.
The applicant’s regiment, “in contract, paragraph 0047 of Morgan merely describes that during the initial stage of building a database, scanning devices 503.11 access points entering their detection range and their corresponding GPS positions, and is different from the proactive range-verification of the present application”.
The examiner’s response, “Morgan discloses, a location beacon database and server, method of building location beacon database, and location based service using same. Wi-Fi access points are located in a target geographical area to build a reference database of locations of Wi-Fi access points. While traversing the target area, periodically receive the GPS coordinates of the GPS device. While traversing the target area, detecting Wi-Fi signals from Wi-Fi access points in range of the Wi-Fi device and recording identity information of the detected Wi-Fi access point in conjunction with GPS location information of the vehicle when the detection of the Wi-Fi access point was made. The location information is used to reverse triangulate the position of the detected Wi-Fi access point; and the position of the detected access point is recorded in a reference database – Figs. 1, 2, 8, 9, 10, ABSTRACT, paragraphs 0020 – 0025.
Morgan performs all the claimed features as in the detailed rejection below”.
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.
Claims 1, 7, and 14 are rejected under 35 U.S.C. 102(a)(1) as being unpatentable by Morgan US PGPub: US 2006/0095349 A1 May 4, 2006.
Regarding claim 1, Morgan discloses,
a mobile electronic device (user device 101, scanning vehicle 201 – Figs. 1/101, 2/201. A location beacon database and server, method of building location beacon database, and location based service using same. Wi-Fi access points are located in a target geographical area to build a reference database of locations of Wi-Fi access points. While traversing the target area, periodically receive the GPS coordinates of the GPS device. While traversing the target area, detecting Wi-Fi signals from Wi-Fi access points in range of the Wi-Fi device and recording identity information of the detected Wi-Fi access point in conjunction with GPS location information of the vehicle when the detection of the Wi-Fi access point was made. The location information is used to reverse triangulate the position of the detected Wi-Fi access point; and the position of the detected access point is recorded in a reference database – Figs. 1, 2, 8, 9, 10, ABSTRACT, paragraphs 0020 - 0025), comprising:
a positioning module for generating a positioning signal (positioning software 103);
a wireless communication module (while traversing the target area, detecting Wi-Fi signals from Wi-Fi access points in range of the Wi-Fi device - Figs. 1, 2, 7, 8, 10, paragraphs 0020, 0023) for detecting a communication device (while traversing the target area, detecting Wi-Fi signals from Wi-Fi access points in range of the Wi-Fi device and recording identity information of the detected Wi-Fi access point in conjunction with GPS location information of the vehicle when the detection of the Wi-Fi access point was made – paragraphs 0020, 0023) and obtaining a wireless network name to be confirmed (access points in receipt of a probe request will transmit a broadcast beacon containing information about the access point. That beacon includes the MAC address of the device, the network name, the precise version of the protocol that it supports and its security configuration along with information about how to connect to the device – paragraph 0043. The responding signal beacons contains the network name of the access point - known as an SSID, the MAC address of the access point device as well as other meta information about the access point – paragraph 0052); and
a processor (the scanning device runs the scanning client software 704 that controls the entire process – Figs. 2/202, 7/702, paragraph 0052), signally connected to the positioning module and the wireless communication module (while traversing the target area, detecting Wi-Fi signals from Wi-Fi access points in range of the Wi-Fi device - Figs. 1, 2, 7, 8, 10, paragraphs 0020, 0023) to generate a position confirmation result by confirming whether the positioning signal is within a position coordinate range (the scanning device also tracks the presence of any 802.11 access point within range and records the radio characteristics of that access point signal along with the GPS location of the scanning vehicle – paragraph 0047. The location information is used to reverse triangulate the position of the detected Wi-Fi access point; and the position of the detected access point is recorded in a reference database – paragraph 0020), and to generate a network confirmation result by confirming whether the wireless network name to be confirmed is a trusted Service Set Identifier SSID (the scanner passes this array of access points to the Locator 906 which checks the MAC addresses of each observed access point against the Access Point Reference Database 905. The Access Point Reference Database returns the location data for each of the observed access points that are known to the
system – Fig. 9/905, paragraph 0044);
wherein, when the position confirmation result is yes and the network confirmation result is yes, the processor sends a stored data (the Locator passes this collection of location information along with the signal characteristics returned from each access point to the Bad Data Filter 907. This filter applies a number of comparison tests against each access point to determine if any of the access points have moved since they were added to the access point database. After removing bad data records, the Filter sends the remaining access points to the Location Calculation component 908 – paragraph 0044) through the wireless communication module and the communication device to an external device (Central Network Database 802 – Fig. 8/802, paragraph 0057) signally connected to the communication device (once authenticated, the scanning client 704 identifies all the recently collected scan data from the local storage 703 and uploads that data to the Central Network Database 802 – Fig. 8/802, paragraph 0057).
Regarding claim 7, Morgan discloses,
a system for using a mobile electronic device (a location beacon database and server, method of building location beacon database, and location based service using same. Wi-Fi access points are located in a target geographical area to build a reference database of locations of Wi-Fi access points. While traversing the target area, periodically receive the GPS coordinates of the GPS device. While traversing the target area, detecting Wi-Fi signals from Wi-Fi access points in range of the Wi-Fi device and recording identity information of the detected Wi-Fi access point in conjunction with GPS location information of the vehicle when the detection of the Wi-Fi access point was made. The location information is used to reverse triangulate the position of the detected Wi-Fi access point; and the position of the detected access point is recorded in a reference database – Figs. 1, 2, 8, 9, 10, ABSTRACT, paragraphs 0020 – 0025), the system comprising:
an external device (Central Network Database 802 – Fig. 8/802, paragraph 0057);
a communication device (scanning vehicle 201 having scanning device 202 – Figs. 2. 7, 8, 10), signally connected to the external device (while traversing the target area, detecting Wi-Fi signals from Wi-Fi access points in range of the Wi-Fi device - Figs. 1, 2, 7, 8, 10, paragraphs 0020, 0023); and
a mobile electronic device (user device 101, scanning vehicle 201 – Figs. 1/101, 2/201), signally connected to the communication device (while traversing the target area, detecting Wi-Fi signals from Wi-Fi access points in range of the Wi-Fi device - Figs. 1, 2, 7, 8, 10, paragraphs 0020, 0023) and comprising: a positioning module for generating a positioning signal (positioning software 103);
a wireless communication module (while traversing the target area, detecting Wi-Fi signals from Wi-Fi access points in range of the Wi-Fi device - Figs. 1, 2, 7, 8, 10, paragraphs 0020, 0023) for detecting the communication device (while traversing the target area, detecting Wi-Fi signals from Wi-Fi access points in range of the Wi-Fi device and recording identity information of the detected Wi-Fi access point in conjunction with GPS location information of the vehicle when the detection of the Wi-Fi access point was made – paragraphs 0020, 0023) and obtain a wireless network name to be confirmed (access points in receipt of a probe request will transmit a broadcast beacon containing information about the access point. That beacon includes the MAC address of the device, the network name, the precise version of the protocol that it supports and its security configuration along with information about how to connect to the device – paragraph 0043. The responding signal beacons contains the network name of the access point - known as an SSID, the MAC address of the access point device as well as other meta information about the access point – paragraph 0052); and
a processor (the scanning device runs the scanning client software 704 that controls the entire process – Figs. 2/202, 7/702, paragraph 0052), signally connected to the positioning module and the wireless communication module (while traversing the target area, detecting Wi-Fi signals from Wi-Fi access points in range of the Wi-Fi device - Figs. 1, 2, 7, 8, 10, paragraphs 0020, 0023) to generate a position confirmation result by confirming whether the positioning signal is within a position coordinate range (the scanning device also tracks the presence of any 802.11 access point within range and records the radio characteristics of that access point signal along with the GPS location of the scanning vehicle – paragraph 0047. The location information is used to reverse triangulate the position of the detected Wi-Fi access point; and the position of the detected access point is recorded in a reference database – paragraph 0020), and to generate a network confirmation result by confirming whether the wireless network name to be confirmed is a trusted SSID (the scanner passes this array of access points to the Locator 906 which checks the MAC addresses of each observed access point against the Access Point Reference Database 905. The Access Point Reference Database returns the location data for each of the observed access points that are known to the system – paragraph 0044);
wherein, when the position confirmation result is yes and the network confirmation result is yes, the processor sends a stored data (the Locator passes this collection of location information along with the signal characteristics returned from each access point to the Bad Data Filter 907. This filter applies a number of comparison tests against each access point to determine if any of the access points have moved since they were added to the access point database. After removing bad data records, the Filter sends the remaining access points to the Location Calculation component 908 – paragraph 0044) through the wireless communication module and the communication device to the external device (once authenticated, the scanning client 704 identifies all the recently collected scan data from the local storage 703 and uploads that data to the Central Network Database 802 – Fig. 8/802, paragraph 0057).
Regarding claim 14, Morgan discloses,
a method for using a mobile electronic device (user device 101, scanning vehicle 201 – Figs. 1/101, 2/201. A location beacon database and server, method of building location beacon database, and location based service using same. Wi-Fi access points are located in a target geographical area to build a reference database of locations of Wi-Fi access points. While traversing the target area, periodically receive the GPS coordinates of the GPS device. While traversing the target area, detecting Wi-Fi signals from Wi-Fi access points in range of the Wi-Fi device and recording identity information of the detected Wi-Fi access point in conjunction with GPS location information of the vehicle when the detection of the Wi-Fi access point was made. The location information is used to reverse triangulate the position of the detected Wi-Fi access point; and the position of the detected access point is recorded in a reference database – Figs. 1, 2, 8, 9, 10, ABSTRACT, paragraphs 0020 – 0025), the method comprising:
driving a positioning module of the mobile electronic device to generate a positioning signal (positioning software 103);
driving a processor (the scanning device runs the scanning client software 704 that controls the entire process – Figs. 2/202, 7/702, paragraph 0052) of the mobile electronic device to confirm whether the positioning signal is within a position coordinate range and generate a position confirmation result (the scanning device also tracks the presence of any 802.11 access point within range and records the radio characteristics of that access point signal along with the GPS location of the scanning vehicle – paragraph 0047. The location information is used to reverse triangulate the position of the detected Wi-Fi access point; and the position of the detected access point is recorded in a reference database – paragraph 0020);
driving a wireless communication module (while traversing the target area, detecting Wi-Fi signals from Wi-Fi access points in range of the Wi-Fi device - Figs. 1, 2, 7, 8, 10, paragraphs 0020, 0023) of the mobile electronic device to detect a communication device (while traversing the target area, detecting Wi-Fi signals from Wi-Fi access points in range of the Wi-Fi device and recording identity information of the detected Wi-Fi access point in conjunction with GPS location information of the vehicle when the detection of the Wi-Fi access point was made – paragraphs 0020, 0023) and obtain a wireless network name to be confirmed (access points in receipt of a probe request will transmit a broadcast beacon containing information about the access point. That beacon includes the MAC address of the device, the network name, the precise version of the protocol that it supports and its security configuration along with information about how to connect to the device – paragraph 0043. The responding signal beacons contains the network name of the access point - known as an SSID, the MAC address of the access point device as well as other meta information about the access point – paragraph 0052); and
driving the processor of the mobile electronic device to confirm whether the wireless network name to be confirmed is a trusted SSID and generate a network confirmation result (the scanner passes this array of access points to the Locator 906 which checks the MAC addresses of each observed access point against the Access Point Reference Database 905. The Access Point Reference Database returns the location data for each of the observed access points that are known to the system – paragraph 0044);
wherein, when the position confirmation result is yes and the network confirmation result is yes, the processor sends a stored data (the Locator passes this collection of location information along with the signal characteristics returned from each access point to the Bad Data Filter 907. This filter applies a number of comparison tests against each access point to determine if any of the access points have moved since they were added to the access point database. After removing bad data records, the Filter sends the remaining access points to the Location Calculation component 908 – paragraph 0044) through the wireless communication module and the communication device to an external device (once authenticated, the scanning client 704 identifies all the recently collected scan data from the local storage 703 and uploads that data to the Central Network Database 802. Here, Central Network Database 802, reads on an external device – Fig. 8/802, paragraph 0057).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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 6, 12, 13, 18 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over
Morgan US PGPub: US 2006/0095329 A1 May 4, 2006.
Regarding claim 6, Morgan discloses,
the mobile electronic device of claim 1, further comprising: a storage unit signally connected to the processor for storing the position coordinate range, the trusted SSID (the Locator passes this collection of location information along with the signal characteristics returned from each access point to the Bad Data Filter 907. This filter applies a number of comparison tests against each access point to determine if any of the access points have moved since they were added to the access point database. After removing bad data records, the Filter sends the remaining access points to the Location Calculation component 908 – paragraph 0044),
but, does not disclose, the stored data; wherein the processor deletes the stored data in the storage unit after sending the stored data to the external device.
Official note is being taken that performing the step that deletes the stored data in the storage unit after sending the stored data to the external device, is an engineering and/or design and/or system’s requirement.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify a location beacon database and server, method of building location beacon database, and location based service using same, while traversing the target area, detecting Wi-Fi signals from Wi-Fi access points in range of the Wi-Fi device and recording identity information of the detected Wi-Fi access point in conjunction with GPS location information of the vehicle when the detection of the Wi-Fi access point was made of Morgan (Morgan, ABSTRACT, Figs. 1, 2, 8, 9, 10, paragraphs 0020 – 0025) wherein the system of Morgan, would have incorporated deletes the locally stored data in the storage unit after sending the stored data to the external device, for saving capacity and storage efficiency of the local storage (once authenticated, the scanning client 704 identifies all the recently collected scan data from the local storage 703 and uploads that data to the Central Network Database 802 (Morgan, paragraph 0057).
Regarding claim 12, is similar to claim 6 above and is rejected on the same grounds.
Regarding claim 13, Morgan discloses,
the system of claim 12, further comprising: a terminal device (the scanning vehicle stops at a nearby hotspot location and begins the process of connecting to the access point. Here, hotspot reads on the claimed a terminal device – paragraph 0057) signally connected to the mobile electronic device (while traversing the target area, detecting Wi-Fi signals from Wi-Fi access points in range of the Wi-Fi device - Figs. 1, 2, 7, 8, 10, paragraphs 0020, 0023) and comprising an application program for setting the position coordinate range and the trusted SSID and to send the position coordinate range and the trusted SSID to the storage unit (once authenticated, the scanning client 704 identifies all the recently collected scan data from the local storage 703 and uploads that data to the Central Network Database 802 (Morgan, paragraph 0057).
Regarding claim 18, is similar to claim 6 above and is rejected on the same grounds.
Regarding claim 19, is similar to claim 13 above and is rejected on the same grounds.
Allowable Subject Matter
Claims 2 – 5, 8 – 11, 13, 15 – 17 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
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.
Contact Information
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/NIMESH PATEL/Primary Examiner, Art Unit 2642
