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 Amendment
In response to the amendment filed 5/1/2026; claims 1-11, 13-17 and 20-23 are pending; claims 12, 18 and 19 have been cancelled.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-11, 13-17 and 20-23 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Step 1: Is the claimed invention a statutory category of invention?
Claims 1, 21 and 22 are directed to a real-time position location system (Step 1, Yes).
Step 2A, Prong 1: Does the claim recite an abstract idea?
The limitation of steps: … one or more location modules configured to be attached to a user or a weapon of the user and to output location data associated with each user; one or more kinematic base station modules configured to receive the location data from each location module; a position module operatively connected to the one or more kinematic base stations and configured to determine a real-time location of each of the one or more location modules using real-time kinematics and to output module position data for each of the one or more location modules in real-time. one or more location modules configured to be attached to the user or plurality of users or the one or more weapons or a target and to output location data associated with each user; one or more kinematic base station modules configured to receive the location data from each location module; a position module operatively connected to the one or more kinematic base stations and configured to determine a real-time location of each of the one or more location modules and to output module position data for each of the one or more location modules in real-time; one or more weapon tracking modules operatively associated with the one or more weapons and configured to provide trigger data indicative of a simulated shot to the one or more kinematic base station modules; and a shot adjudication module operatively connected to receive the weapon data of a user associated with a respective weapon and the module position data of the associated user in real-time and to output shot trajectory data of the simulated shot based on the trigger data and the module position data of the associated user when the simulated shot occurred to determine whether the simulated shot would result in a target hit as drafted, is a process that, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components. The claimed method akin to mental process of observations, evaluations, and judgements. Thus, the claim recites a mental process (Step 2A, Prong 1: yes).
Step 2A, Prong 2: Does the claim recite additional elements that integrate the judicial exception into a practical application?
Per the 2019 Revised Patent Subject Matter Eligibility Guidance, if a claim as a whole integrates the recited judicial exception into a practical application of that exception, a claim is not "directed to" a judicial exception. Alternatively, a claim that does not integrate a recited judicial exception into a practical application is directed to the exception. Evaluating whether a claim integrates an abstract idea into a practical application is performed by a) identifying whether there are any additional elements recited in the claim beyond the abstract idea, and b) evaluating those additional elements individual and in combination to determine whether they integrate the abstract idea into a practical application, using one or more of the considerations laid out by the Supreme Court and the Federal Circuit. Exemplary considerations indicative that an additional element (or combination of elements) may have or has not been integrated into a practical application are set forth in the 2019 PEG.
With respect to the instant claims, Claims 1, 21 -22 recite the additional elements of: location / kinematic base station modules and a position module. Each of the components are disclosed as being software modules or programs. As such, the claims are drawn to a computer program or software per se and are thus drawn to non-statutory subject matter. Even in combination, the recited additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits, such as an improvement to a computing system, on practicing the abstract idea (STEP 2A, Prong 2: NO).
Step 2B: Does the claim recite additional elements that amount to significantly more than the judicial exception?
Claims 1, 21 and 22 recite the additional elements of: location / kinematic base station modules and a position module set forth above for Step 2A, Prong 2. Dependent claims 2-11, 13-17, 20 and 23 inherit the deficiencies of their respective parent claims through their dependencies and do not recite additional limitations sufficient to direct the claims to more than the claimed abstract idea, and are thus rejected for the same reasons.
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 1-2,8 and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Canty et al. (US 2022/0065570 A1).
Re claim 1:
1. A real-time position kinematic location system (Canty, [0214], “The output of firearm monitoring module 400 can be used to update information representing real-time position and orientation of firearms in a deployment location”; [0041], “The system also includes a nine-axis motion monitor including a microprocessor, a tri-axis gyroscope, a tri-axis accelerometer and a tri-axis compass configured to communicate data about movement, orientation, and direction of the firearm”), comprising:
one or more location modules configured to be attached to a user or a weapon of the user and to output location data associated with each user (Canty, [0214], “The output of firearm monitoring module 400 can be used to update information representing real-time position and orientation of firearms in a deployment location”; [0192], “the illustration of FIG. 2 is intended to describe locations of firearm 200 at which various sensors or other components may be included or coupled. Examples of sensors or other components which may be included in or coupled to the various locations shown include, but are not limited to, an IMU (e.g., including an accelerometer and/or a gyroscope), a geolocation sensor …”);
one or more kinematic base station modules configured to receive the location data from each location module (Canty, fig. 1, 101, 112; [0171], “Application 102 is run, executed, interpreted, or otherwise operated at server device 112, which communicates, directly or indirectly, with firearms 104, wearable devices 106, and/or stationary devices 108 using network 114 and connection point 116”; [0174]; [0276], “the dashboard of application 102 may include GUIs and/or views other than what is shown in FIGS. 10 and 11. For example, the dashboard of application 102 may include communication and mapping features, such as to track the location of all weapons in real-time, to highlight relevant events (such as weapons being gripped, weapons being raised, or weapons that have been discharged)”);
a position module operatively connected to the one or more kinematic base stations and configured to determine a real-time location of each of the one or more location modules using real-time kinematics and to output module position data for each of the one or more location modules in real-time (Canty, [0175], “The application 102 monitors the status of firearms 104 including by performing real-time updates to cones corresponding to firearms 104. For example, where a GUI of application 102 visually represents users within a deployment location and shows cones, application 102 can automatically update locations and orientations of the cones, for example, based on signals received from firearms 104”; [0238]; [0147]; [0149]; fig. 18).
Re claim 2:
2. The system of claim 1, further comprising one or more weapon tracking modules operatively associated with the weapon of the user and configured to provide weapon data to the one or more kinematic base station modules in real-time (Canty, [0247], “application 102 can be used to determine firearm movements that may indicate a discharge from a firearm”; [0249], “application 102 may determine combinations of data, such as motion, orientation and multi-modal sensor information that are indicative of imminent discharge of the firearm”; [0258]).
Re claim 8:
8. The system of claim 1, wherein the one or more location modules include an acoustic and/or haptic feedback system configured to alert the wearer of one or more events through acoustic and/or haptic feedback (Canty, [0212]; [0239]; [0244]).
Re claim 14:
14. The system of claim 1, wherein the one or more location modules include an internal battery (Canty, [0405]), wherein the one or more location modules are configured to operate in a low power mode to enable use over multiple days without recharging (Canty, [0302]; [0441]).
Claims 3 – 7 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Canty in view of Ferren et al. (US 2021/0302128 A1).
Re claims 3 - 5:
Canty disclose 4. The system of claim 3, further comprising a shot adjudication module operatively connected to the one or more kinematic base station modules to receive the weapon data of an associated user and the module position data of the associated user in real-time (Canty, [0247], “application 102 can be used to determine firearm movements that may indicate a discharge from a firearm”; [0249], “application 102 may determine combinations of data, such as motion, orientation and multi-modal sensor information that are indicative of imminent discharge of the firearm”; [0258]).
Canty does not explicitly disclose simulated shot and shot trajectory; nor disclose a hit module; nor disclose terrain map. Ferren teaches a laserless combat simulation device includes at least one processing device and a memory device having instructions stored thereon that, when executed by the at least one processing device cause the at least one processing device to receive a trigger event from a weapon device (Ferren, Abstract). Ferren teaches 3. The system of claim 2, wherein the weapon data includes a trigger fire data that indicates whether a simulated shot has occurred, and a weapon orientation that indicates a directionality of the simulated shot (Ferren, [0042]; [0055], “which may perform calculations to determine a simulated ballistic trajectory 212 and determine whether this trajectory intersected with a position (or expected position in the case of a moving object) with one or more objects within the simulation, such as the target beacon 202 to determine the ballistic outcome”). 4. to output shot trajectory data of the simulated shot based on the weapon data and the module position data of the associated user when the simulated shot occurred (Ferren, [0055], “which may perform calculations to determine a simulated ballistic trajectory 212 and determine whether this trajectory intersected with a position (or expected position in the case of a moving object) with one or more objects within the simulation, such as the target beacon 202 to determine the ballistic outcome”). 5. The system of claim 4, further comprising a hit module configured to receive the shot trajectory data and the module position data of a second user and to determine if a position of the second user intersects the simulated shot in real-time based on the shot trajectory data to determine if the second user has been virtually hit by the simulated shot (Ferren, [0003], “The optical sensing arrays may receive target identifiers from any targets within the field of view for subsequent determination of ballistic hit/miss outcomes”; [0037], “simulated shot results in a hit or miss, and for hits, what the result of a hit may be (kill, injury, etc.)”; [0046], “a hit or be targeted by someone else in their current posture. Ballistic trajectory mapping will be based on weapon orientation at time of fire, and can be compared to entity positions (and silhouette plus orientation)”). 6. The system of claim 5, wherein the hit module comprises a terrain map and is configured to determine whether the second user is obscured by terrain such that the simulated shot intersects terrain in front of the second user (Ferren, [0039]; [0053], “if a target beacon 102 is positioned behind a boulder (identified by a fiducial beacon), the weapon device 100 knows that the target may not be hit”). 7. The system of claim 6, wherein the hit module is configured to determine an effect of the terrain and whether the simulated shot would hit the second user through the terrain (Ferren, [0039]; [0053], “if a target beacon 102 is positioned behind a boulder (identified by a fiducial beacon), the weapon device 100 knows that the target may not be hit”). 9. The system of claim 8, wherein the feedback system is configured to notify a user if they are hit by a simulated shot, or whether the user is out of bounds (Ferren, [0048], “The watch display will inform users of system health, shot number, shot accuracy, and whether or not they have been hit”; [0055]).
Therefore, in view of Ferren, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the system described in Canty, by providing the hit module as taught by Ferren, since the trainee holding the weapon that fired the simulated round and/or the trainee that was shot (if a hit was determined) may be notified of the result of the shot, which may include a hit/miss status, location of the hit (head, neck, torso, limb, etc.), and/or whether the hit resulted in injury or death (Ferren, [0055]). Therefore, in view of Ferren, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the system described in Canty, by providing terrain map as taught by Ferren, in order to allow a trainee to take cover when he/she conduct target practice.
Claims 10 – 11, 13, 20 are rejected under 35 U.S.C. 103 as being unpatentable over Canty in view of Morinishi et al. (US 2021/0048276 A1).
Re claim 10:
10. The system of claim 1, wherein the one or more location modules include a digital radio for bi-directional communication with the one or more kinematic base-station modules (Canty, [0171]; [0237]). Canty does not explicitly disclose provides localization enhancement to have precision within about a centimeter. Morinishi et al. (US 2021/0048276 A1) teaches a base station server of a combat simulation system includes, a communications interface, a processor and a memory (Morinishi, Abstract). Morinishi teaches provide localization enhancement to have precision within about a centimeter (Morinishi, [0022]). Therefore, in view of Morinishi, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the system described in Canty, by providing the centimeter accuracy location as taught by Morinishi, in order to leverage high precision position and orientation sensors that may be calibrated to perform very precise aimpoint determinations (Morinishi, [0003]).
Re claims 11, 13 and 20:
11. The system of claim 10, wherein the one or more location modules include one or more sensors configured to output sensor data to determine one or more user characteristics including at least one of head orientation, velocity, or local pressure conditions (Canty, [0213]; [0221]; [0229]).
13. The system of claim 11, wherein each location module is configured to communicate its location data and sensor data over the digital radio to allow determination of ground truth location and orientation of the user (Canty, [0185], “GPS”; [0213]; [0221]; [0229]).
20. The system of claim 11, wherein the one or more sensors include one or more inertial measurement units (IMU's) (Canty, [0173]) and/or one or more camera vision systems configured to provide motion data (Canty, [0185]) and/or module position data when external location systems are inaccurate.
Claims 15 – 17 are rejected under 35 U.S.C. 103 as being unpatentable over Canty in view of Robinette et al. (US 2014/0240088 A1).
Re claims 15 – 17:
Canty does not explicitly disclose intermittent to locate a user. Robinette teaches A real-time automated data security system protects both data and devices from loss, theft, and unauthorized access or activity (Robinette, Abstract). Robinette teaches 15. The system of claim 14, wherein the low power mode includes intermittent listening for signals and/or intermittent transmission of signals. 16. The system of claim 15, wherein the one or more location modules are configured to operate in a low power beacon mode configured to output intermittent beacon signals to locate a user in distress. 17. The system of claim 16, wherein the one or more location modules are configured to intermittently listen for a finder signal, and to output an acoustic signal as the finder signal is heard by the one or more location modules to help locate a user in distress (Robinette, [0025], “the apparatus consists of an active RFID tag attached to an object to be to tracked, located, controlled, or recognized by a controller”; [0083], “The response time of the tag is normally between 1 and 5 seconds, and the tag consumes minimum power while waiting for a request”; [0098], “The tag 101, which wakes up periodically to listen, responds by emitting a signal”; [0147], “this system is a find/rescue mode”). Therefore, in view of Robinette, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the system described in Canty, by providing the tracking tags as taught by Robinette, since there is a need for an apparatus that is miniature, inexpensive, versatile, active, reliable, easy to operate, and adaptable to a variety of locations and ID uses. In its basic configuration, the apparatus consists of an active RFID tag attached to an object to be to tracked, located, controlled, or recognized by a controller. When the user activates the controller, the controller transmits an inquiry to the RFID tag, which then responds with an audible, visual, tactile or other detectable signal so that the user can find the object (Robinette, [0025]).
Claims 21 – 23 are rejected under 35 U.S.C. 103 as being unpatentable over Canty et al. (US 2022/0065570 A1) in view of Ferren et al. (US 2021/0302128 A1).
Re claims 21 – 23:
Canty teaches 21. A real-time position location system (Canty, [0214], “The output of firearm monitoring module 400 can be used to update information representing real-time position and orientation of firearms in a deployment location”; [0041], “The system also includes a nine-axis motion monitor including a microprocessor, a tri-axis gyroscope, a tri-axis accelerometer and a tri-axis compass configured to communicate data about movement, orientation, and direction of the firearm”), comprising:
one or more location modules configured to be attached to a user or a weapon of the user and to output location data associated with each user (Canty, [0214], “The output of firearm monitoring module 400 can be used to update information representing real-time position and orientation of firearms in a deployment location”; [0192], “the illustration of FIG. 2 is intended to describe locations of firearm 200 at which various sensors or other components may be included or coupled. Examples of sensors or other components which may be included in or coupled to the various locations shown include, but are not limited to, an IMU (e.g., including an accelerometer and/or a gyroscope), a geolocation sensor …”);
one or more kinematic base station modules configured to receive the location data from each location module (Canty, fig. 1, 101, 112; [0171], “Application 102 is run, executed, interpreted, or otherwise operated at server device 112, which communicates, directly or indirectly, with firearms 104, wearable devices 106, and/or stationary devices 108 using network 114 and connection point 116”; [0174]; [0276], “the dashboard of application 102 may include GUIs and/or views other than what is shown in FIGS. 10 and 11. For example, the dashboard of application 102 may include communication and mapping features, such as to track the location of all weapons in real-time, to highlight relevant events (such as weapons being gripped, weapons being raised, or weapons that have been discharged)”);
a position module operatively connected to the one or more kinematic base stations and configured to determine a real-time location of each of the one or more location modules and to output module position data for each of the one or more location modules in real-time (Canty, [0175], “The application 102 monitors the status of firearms 104 including by performing real-time updates to cones corresponding to firearms 104. For example, where a GUI of application 102 visually represents users within a deployment location and shows cones, application 102 can automatically update locations and orientations of the cones, for example, based on signals received from firearms 104”; [0238]; [0147]; [0149]; fig. 18);
one or more weapon tracking modules operatively associated with the weapon of the user and configured to provide weapon data to the one or more kinematic base station modules in real-time (Canty, [0247], “application 102 can be used to determine firearm movements that may indicate a discharge from a firearm”; [0249], “application 102 may determine combinations of data, such as motion, orientation and multi-modal sensor information that are indicative of imminent discharge of the firearm”; [0258]).
Canty teaches 22. A military simulation training system (Canty, [0214], “The output of firearm monitoring module 400 can be used to update information representing real-time position and orientation of firearms in a deployment location”; [0041], “The system also includes a nine-axis motion monitor including a microprocessor, a tri-axis gyroscope, a tri-axis accelerometer and a tri-axis compass configured to communicate data about movement, orientation, and direction of the firearm”), comprising:
one or more weapons associated with a user or plurality of users (Canty, [0350], “team member movement, team member field of view, team member firing cones, team member aiming cones”; [0214], “The output of firearm monitoring module 400 can be used to update information representing real-time position and orientation of firearms in a deployment location”; [0192], “the illustration of FIG. 2 is intended to describe locations of firearm 200 at which various sensors or other components may be included or coupled. Examples of sensors or other components which may be included in or coupled to the various locations shown include, but are not limited to, an IMU (e.g., including an accelerometer and/or a gyroscope), a geolocation sensor …”); and
a real-time position location system (Canty, [0214], “The output of firearm monitoring module 400 can be used to update information representing real-time position and orientation of firearms in a deployment location”; [0041], “The system also includes a nine-axis motion monitor including a microprocessor, a tri-axis gyroscope, a tri-axis accelerometer and a tri-axis compass configured to communicate data about movement, orientation, and direction of the firearm”), comprising:
one or more location modules configured to be attached to the user or plurality of users or the one or more weapons or a target and to output location data associated with each user (Canty, [0214], “The output of firearm monitoring module 400 can be used to update information representing real-time position and orientation of firearms in a deployment location”; [0192], “the illustration of FIG. 2 is intended to describe locations of firearm 200 at which various sensors or other components may be included or coupled. Examples of sensors or other components which may be included in or coupled to the various locations shown include, but are not limited to, an IMU (e.g., including an accelerometer and/or a gyroscope), a geolocation sensor …”);
one or more kinematic base station modules configured to receive the location data from each location module (Canty, fig. 1, 101, 112; [0171], “Application 102 is run, executed, interpreted, or otherwise operated at server device 112, which communicates, directly or indirectly, with firearms 104, wearable devices 106, and/or stationary devices 108 using network 114 and connection point 116”; [0174]; [0276], “the dashboard of application 102 may include GUIs and/or views other than what is shown in FIGS. 10 and 11. For example, the dashboard of application 102 may include communication and mapping features, such as to track the location of all weapons in real-time, to highlight relevant events (such as weapons being gripped, weapons being raised, or weapons that have been discharged)”);
a position module operatively connected to the one or more kinematic base stations and configured to determine a real-time location of each of the one or more location modules and to output module position data for each of the one or more location modules in real-time (Canty, [0175], “The application 102 monitors the status of firearms 104 including by performing real-time updates to cones corresponding to firearms 104. For example, where a GUI of application 102 visually represents users within a deployment location and shows cones, application 102 can automatically update locations and orientations of the cones, for example, based on signals received from firearms 104”; [0238]; [0147]; [0149]; fig. 18);
Canty does not explicitly disclose wherein the weapon data includes a trigger fire data that indicates whether a simulated shot has occurred, and a weapon orientation that indicates a directionality of the simulated shot.
Ferren et al. (US 2021/0302128 A1) teaches a laserless combat simulation device includes at least one processing device and a memory device having instructions stored thereon that, when executed by the at least one processing device cause the at least one processing device to receive a trigger event from a weapon device (Ferren, Abstract).
Ferren teaches the missing features from Canty; specifically,
wherein the weapon data includes a trigger fire data that indicates whether a simulated shot has occurred, and a weapon orientation that indicates a directionality of the simulated shot (Ferren, [0054], “a number of trainees 200 each carry a weapon devices 202 (which may be similar to weapon device 100 described above) and wear at least one target beacon 204”; [0055], “which may perform calculations to determine a simulated ballistic trajectory 212 and determine whether this trajectory intersected with a position (or expected position in the case of a moving object) with one or more objects within the simulation, such as the target beacon 202 to determine the ballistic outcome”; [0157], “once a trigger pull is detected, fewer calculations may be performed to determine the ballistic outcome based on whether any intersections between the ballistic trajectory and positions of the targets occur at the time of the trigger pull (accounting for time for the bullet to travel to the intersection points). This enables the simulation systems to pre-process a subset of the information in order to more quickly and efficiently calculate ballistic outcomes in real-time”); and
a shot adjudication module operatively connected to the one or more kinematic base station modules to receive the weapon data of an associated user and the module position data of the associated user in real-time and to output shot trajectory data of the simulated shot based on the weapon data and the module position data of the associated user when the simulated shot occurred (Ferren, [0054]; [0055], “Once the ballistic outcome has been generated, the base station server 210 may communicate the result to one or more trainees 200. For example, the trainee 200 holding the weapon 202 that fired the simulated round and/or the trainee 200 that was shot (if a hit was determined) may be notified of the result of the shot, which may include a hit/miss status, location of the hit (head, neck, torso, limb, etc.), and/or whether the hit resulted in injury or death”; [0046], “smart GNSS with real-time kinematic (RTK) or other correction”; [0072], “a controller 646 may receive the pose information ( orientation and position), a timestamp associated with the trigger pull, a weapon device identifier, the image frame data (and any processed centroid/beacon information) from one or more weapon devices 600, location, identification, and/or other data from one or more mobile beacons 602, and/or location, identification, and/or other data from one or more fiducial beacons 604”).
Claim 22 … one or more weapon tracking modules operatively associated with the one or more weapons and configured to provide trigger data indicative of a simulated shot to the one or more kinematic base station modules (Ferren, [0054], “a number of trainees 200 each carry a weapon devices 202 (which may be similar to weapon device 100 described above) and wear at least one target beacon 204”; [0055], “which may perform calculations to determine a simulated ballistic trajectory 212 and determine whether this trajectory intersected with a position (or expected position in the case of a moving object) with one or more objects within the simulation, such as the target beacon 202 to determine the ballistic outcome”; [0157], “once a trigger pull is detected, fewer calculations may be performed to determine the ballistic outcome based on whether any intersections between the ballistic trajectory and positions of the targets occur at the time of the trigger pull (accounting for time for the bullet to travel to the intersection points). This enables the simulation systems to pre-process a subset of the information in order to more quickly and efficiently calculate ballistic outcomes in real-time”; ); and
a shot adjudication module operatively connected to receive the weapon data of a user associated with a respective weapon and the module position data of the associated user in real-time and to output shot trajectory data of the simulated shot based on the trigger data and the module position data of the associated user when the simulated shot occurred to determine whether the simulated shot would result in a target hit (Ferren, [0054]; [0055], “Once the ballistic outcome has been generated, the base station server 210 may communicate the result to one or more trainees 200. For example, the trainee 200 holding the weapon 202 that fired the simulated round and/or the trainee 200 that was shot (if a hit was determined) may be notified of the result of the shot, which may include a hit/miss status, location of the hit (head, neck, torso, limb, etc.), and/or whether the hit resulted in injury or death”; [0046], “smart GNSS with real-time kinematic (RTK) or other correction”; [0072], “a controller 646 may receive the pose information ( orientation and position), a timestamp associated with the trigger pull, a weapon device identifier, the image frame data (and any processed centroid/beacon information) from one or more weapon devices 600, location, identification, and/or other data from one or more mobile beacons 602, and/or location, identification, and/or other data from one or more fiducial beacons 604”).
Ferren teaches 23. The system of claim 22, further comprising a feedback system operatively connected to the one or more location modules configured to output a hit signal to notify the respective user if a target was hit (Ferren, [0037], “simulated shot results in a hit or miss, and for hits, what the result of a hit may be (kill, injury, etc.)”; [0046], “a hit or be targeted by someone else in their current posture. Ballistic trajectory mapping will be based on weapon orientation at time of fire, and can be compared to entity positions (and silhouette plus orientation)”; [0053], “if a target beacon 102 is positioned behind a boulder (identified by a fiducial beacon), the weapon device 100 knows that the target may not be hit”; [0048], “The watch display will inform users of system health, shot number, shot accuracy, and whether or not they have been hit”; [0055], “the trainee 200 holding the weapon 202 that fired the simulated round and/or the trainee 200 that was shot (if a hit was determined) may be notified of the result of the shot, which may include a hit/miss status, location of the hit (head, neck, torso, limb, etc.), and/or whether the hit resulted in injury or death”).
Therefore, in view of Ferren, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the system described in Canty, by providing the hit module as taught by Ferren, since the trainee holding the weapon that fired the simulated round and/or the trainee that was shot (if a hit was determined) may be notified of the result of the shot, which may include a hit/miss status, location of the hit (head, neck, torso, limb, etc.), and/or whether the hit resulted in injury or death (Ferren, [0055]). Therefore, in view of Ferren, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the system described in Canty, by providing terrain map as taught by Ferren, in order to allow a trainee to take cover when he/she conducts target practice.
Response to Arguments
Applicant's arguments filed 5/1/2026 have been fully considered but they are not persuasive.
Applicant argues that the human mind literally cannot perform positioning using real-time kinematics because satellites are required and a human cannot receive from or send signals to a satellite and/or the base or rover stations. Also, the human mind cannot reasonably nor practically perform the calculations required for real-time kinematics in real time while also then outputting the position data in real time. Thus, claim 1 cannot recite a mental process and is therefore not an abstract idea.
Although claim 1 recites real-time location using real-time kinematics, i.e., "determine a real-time location of each of the one or more location modules using real-time kinematics". The office disagrees that using these types of signals integrates the abstract idea into a practical application. Rather, this information gathering amounts to insignificant pre-solution activity of determining the location of one or more users. As explained in the Guidance, an additional element that adds insignificant extra-solution activity to a judicial exception corresponds to another example that courts have identified as not integrating a judicial exception into a practical application.
Applicant argues that the second part of the "judicial exception" sub-test is to determine if the alleged judicial exception is significantly more than the exception itself. It is important to note that the claimed invention is indeed significantly more than a judicial exception absent a showing that the claim was well-known (i.e., is there an inventive concept/is the claimed invention extremely obvious). The case law (e.g., Alice) that this subject matter test comes from blends aspects of §103 into the consideration as to whether something is patentable subject matter, by hinging the inquiry on simply whether it was so obvious that it was well-known.
However, Applicant fails to notice that the eligibility analysis per section § 101 does not necessarily rely on the prior art. Particularly, the absence of a prior art (e.g., section §102 and/or §103) does not necessarily mean that the current claims are penitent-eligible per section §101 (see MPEP 2106.06 (I), emphasis added), Although the courts often evaluate considerations such as the conventionality of an additional element in the eligibility analysis, the search for an inventive concept should not be confused with a novelty or non-obviousness determination. See Mayo, 566 U.S. at 91, 101 USPQ2d at 1973 (rejecting "the Government's invitation to substitute §§ 102, 103, and 112 inquiries for the better established inquiry under§ 101 "). As made clear by the courts, the "'novelty' of any element or steps in a process, or even of the process itself, is of no relevance in determining whether the subject matter of a claim falls within the §101 categories of possibly patentable subject matter." Intellectual Ventures Iv. Symantec Corp., 838 F.3d 1307, 1315, 120 USPQ2d 1353, 1358 (Fed. Cir. 2016) (quoting Diamond v. Diehr, 450 U.S. at 188-89, 209 USPQ at 9). See also Synopsys, Inc. v. Mentor Graphics Corp., 839 F.3d 1138, 1151, 120 USPQ2d 1473, 1483 (Fed. Cir. 2016) ("a claim for a new abstract idea is still an abstract idea. The search for a § 101 inventive concept is thus distinct from demonstrating § 102 novelty.") ... patentability of the claimed invention under 35 U.S.C.102 and 103 with respect to the prior art is neither required for, nor a guarantee of, patent eligibility under 35 U.S.C.101.
Applicant argues that Broadway does not disclose any real-time kinematics positioning system, which Applicant believes the Examiner alleges to include the kinematic base station, until March 30, 2023. Accordingly, the earliest filing date for the disclosed invention on which the Examiner relies is only entitled to an effective filing date of March 30, 2023, which is after the effective filing date of the present application. Therefore, Broadway is not prior art, at least with respect to the portions relied on by the Examiner not disclosed until the March 30th provisional application, 63/455,852, to which Broadway claims priority.
The Office submits that Broadway et al. (US 2023/0288167 A1) was filed as a continuation application which entitles to the benefits of prior filed application includes previous filed parent application No. 17/524,302, filed on Nov. 11, 2021. Prior application 17/542,302 with US patent Publication number (US 2022/0065570 A1) was a 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 current claimed invention. The subject matters cited and replied on the current office action are fully supported by the prior application 17/542,302 including the newly added limitations: “determine a real-time location of each of the one or more location modules using real-time kinematics”. The office will adapt Canty et al. (US 2022/0065570 A1) as prior art in the current Office Action.
Applicant argues that respect to claim 1, nor do they. Specifically, neither of Ferren or Robinette disclose a position module operatively connected to the one or more kinematic base stations and configured to determine a real-time location of each of the one or more location modules using real-time kinematics and to output module position data for each of the one or more location modules in real-time.
The Office submits that Canty et al. (US 2022/0065570 A1) teaches the limitations: a position module operatively connected to the one or more kinematic base stations and configured to determine a real-time location of each of the one or more location modules using real-time kinematics and to output module position data for each of the one or more location modules in real-time (Canty, [0175], “The application 102 monitors the status of firearms 104 including by performing real-time updates to cones corresponding to firearms 104. For example, where a GUI of application 102 visually represents users within a deployment location and shows cones, application 102 can automatically update locations and orientations of the cones, for example, based on signals received from firearms 104”; [0238]; [0147]; [0149]; fig. 18).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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/JACK YIP/Primary Examiner, Art Unit 3715
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