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
Applicants’ arguments filed 06/05/2026 with respect to claims 1, 5-13, and 17-26 have been fully considered but are moot in view of the amended claim(s) because of the new ground of rejection is made in view of 35 USC § 103 Gao et al. (US PGPUB 20140036768 A1) and Grant (US PGPUB 20240224194 A1).
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.
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.
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.
Claims 1, 5, 11, 13, 17, 19, 20, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Gao et al. (US PGPUB 20140036768 A1) in view of Grant (US PGPUB 20240224194 A1).
Regarding claim 1, Gao teaches wherein each of the one or more first reports comprises at least one of (i) a coordinate of the AP (see paragraph [0063], if there are enough number of mobile uploads on an AP (for example >20 mobile uploads), the interfracile range of the data set both on latitude and longitude (e.g. coordinate of AP) may be used to determine the geometrical dispersion of the mobile uploads”), or
(ii) a height of the AP (see paragraph [[0078] Note that the information observed about the at least one access point device includes observation time, latitude, longitude, altitude (e.g. height of AP), horizontal uncertainty, and vertical uncertainty of the at least one access point being observed”), or
(iii) an uncertainty region associated with the coordinate of the AP (see paragraph [[0078] Note that the information observed about the at least one access point device includes observation time, latitude, longitude, altitude, horizontal uncertainty, and vertical uncertainty (e.g. uncertainty region associated with the coordinate of the AP) of the at least one access point being observed”),
detecting movement of the AP based on the one or more first reports, wherein detecting movement of the AP comprises determining that a distance between a first coordinate of the AP at a first point in time and a second coordinate of the AP at a second point in time is larger than a predefined uncertainty region (see paragraph [0062] “In block 620, it is determined whether the distance is greater than a predefined position distance threshold (for example 1 Kilometers). If the distance is greater than a predefined position distance threshold “[0072] “compare the position of the access point device to a previous position of the access point device, and identify the access point device as the mobile access point device in response to the position of the access point device has moved over a second predetermined range as shown in block 718”).
Gao fails to explicitly suggest a computer-implemented method comprising: receiving one or more first reports from an access point (AP) operating in standard power mode over a period of time, and in response to detecting the movement, modifying operation of the AP.
However, in an analogous field of endeavor, Grant teaches a computer-implemented method comprising: receiving one or more first reports from an access point (AP) operating in standard power mode over a period of time (see FIG. 18, paragraphs [0104], [0149] Movement of the AP or router beyond a predetermined distance (e.g., 10 cm) will automatically be detected by the integrated NFC reader and the unit will revert to LPI mode. Attempts to move (or remove) the NTAG sticker will result in the NTAG sticker X, Y, Z location information being damaged; the unit will then revert to LPI mode, [0149] “FIG. 18, every 24 hours, every wireless access point 1801 that wishes to operate in standard power mode (e.g., AFC-enabled Wi-Fi 6E router of an ISP such as a cable MSO providing high-bandwidth data services) must report its X, Y, Z geolocation (e.g. one or more first reports “X/Y/Z geolocation data”, movement of AP, standard power mode “AP wishing to operate in SP mode”, over a period of time “reports every 24 hours”),
and in response to detecting the movement, modifying operation of the AP (see paragraph [0148] “the AFC system requires that the router “reports” its geolocation (with 95% confidence) in X, Y, Z domain coordinates to the AFC system every 24 hours before the router can potentially be authorized by the AFC system to transition from LPI (Low Power Indoor) mode to SP (Standard Power) mode”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to modify Gao with Grant to include receiving one or more first reports from an access point (AP) operating in standard power mode over a period of time, and in response to detecting the movement, modifying operation of the AP thereby, to accurate location of the unit is desirable to reduce the potential that interference will be found and thus increase the potential that standard power operation as taught by Grant (see paragraph [0142]).
Regarding claim 5, a combination of Gao and Grant teaches all the limitations of claim 1. In addition, Grant teaches wherein the predefined uncertainty region is larger than each of a first uncertainty region associated with the first coordinate of the AP and a second uncertainty region associated with the second coordinate of the AP (see paragraphs [0108], [0180] “The location is reported to the AFC database with a certain area of certainty/uncertainty as well as XYZ coordinates and measurement method (ellipse, sphere) that was used to measure certainty/uncertainty. Once reported to the AFC database, there is some associated cloud-based processing. The larger the area of uncertainty, the more calculations are needed. The database is aware of the location of the router that has requested permission enter standard power mode, as well as the locations of all the surrounding 6 GHz incumbent devices.” Where the uncertainty region is larger than each coordinate AP”. read as (compare the location with the previous location and enhanced uncertainty region and determine whether the AP has moved (or is moving) from its previous location”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to modify Gao with Grant to include the predefined uncertainty region is larger than each of a first uncertainty region associated with the first coordinate of the AP and a second uncertainty region associated with the second coordinate of the AP thereby, to accurate location of the unit is desirable to reduce the potential that interference will be found and thus increase the potential that standard power operation as taught by Grant (see paragraph [0142]).
Regarding claim 11, the combination of Gao and Grant teaches all the limitations of claim 1. In addition, Grant further teaches wherein modifying operation of the AP comprises configuring the AP to operate in low power indoor mode from standard power mode (Fig.18 see sections [0116], [0148] of Grant read as an access point operating at a first, higher transmit power level and how subsequently reducing transmission power to a lower level, thereby disclosing operating in LPI mode from standard power mode as claimed through AFC).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to modify Gao with Grant to include the predefined uncertainty region is larger than each of a first uncertainty region associated with the first coordinate of the AP and a second uncertainty region associated with the second coordinate of the AP thereby, to accurate location of the unit is desirable to reduce the potential that interference will be found and thus increase the potential that standard power operation as taught by Grant (see paragraph [0142]).
Regarding claim 13, Gao teaches a computing device comprising: one or more memories collectively storing computer-executable instructions (see paragraphs [0085] - [0086] “software codes can be stored in a memory and executed by a processing unit”),
and one or more processors communicatively coupled to the one or more memories (see Fig 8 and paragraph [0074] “communication with the controller/processor 808, memory 812, and/or access point crowdsourcing data processing module 814”),
the one or more processors being collectively configured to execute the computer- executable instructions to cause the computing device to perform an operation (see paragraph [0087]” storage on computer readable medium, instructions and/or data may be provided as signals on transmission media included in a communication apparatus. he instructions and data can be configured to cause one or more processors to implement the functions”) comprising:
wherein each of the one or more first reports comprises at least one of (i) a coordinate of the AP (see paragraph [0063], if there are enough number of mobile uploads on an AP (for example >20 mobile uploads), the interfracile range of the data set both on latitude and longitude (e.g. coordinate of AP) may be used to determine the geometrical dispersion of the mobile uploads”), or
(ii) a height of the AP (see paragraph [[0078] Note that the information observed about the at least one access point device includes observation time, latitude, longitude, altitude (e.g. height of AP), horizontal uncertainty, and vertical uncertainty of the at least one access point being observed”), or
(iii) an uncertainty region associated with the coordinate of the AP (see paragraph [[0078] Note that the information observed about the at least one access AP) device includes observation time, latitude, longitude, altitude, horizontal uncertainty, and vertical uncertainty (e.g. uncertainty region associated with the coordinate of the AP) of the at least one access point being observed”),
detecting movement of the AP based on the one or more first reports, wherein detecting movement of the AP comprises determining that a distance between a first coordinate of the AP at a first point in time and a second coordinate of the AP at a second point in time is larger than a predefined uncertainty region (see paragraph [0062] “In block 620, it is determined whether the distance is greater than a predefined position distance threshold (for example 1 Kilometers). If the distance is greater than a predefined position distance threshold “[0072] “compare the position of the access point device to a previous position of the access point device, and identify the access point device as the mobile access point device in response to the position of the access point device has moved over a second predetermined range as shown in block 718”)
Gao fails to explicitly suggest receiving one or more first reports from an access point (AP) operating in standard power mode over a period of time; and in response to detecting the movement, modifying operation of the AP.
However, in an analogous field of endeavor, Grant teaches receiving one or more first reports from an access point (AP) operating in standard power mode over a period of time (see FIG. 18, paragraphs [0104], [0149] Movement of the AP or router beyond a predetermined distance (e.g., 10 cm) will automatically be detected by the integrated NFC reader and the unit will revert to LPI mode. Attempts to move (or remove) the NTAG sticker will result in the NTAG sticker X, Y, Z location information being damaged; the unit will then revert to LPI mode, [0149] “FIG. 18, every 24 hours, every wireless access point 1801 that wishes to operate in standard power mode (e.g., AFC-enabled Wi-Fi 6E router of an ISP such as a cable MSO providing high-bandwidth data services) must report its X, Y, Z geolocation (e.g. one or more first reports “X/Y/Z geolocation data”, movement of AP, standard power mode “AP wishing to operate in SP mode”, over a period of time “reports every 24 hours”),
and in response to detecting the movement, modifying operation of the AP (see paragraph [0148] “the AFC system requires that the router “reports” its geolocation (with 95% confidence) in X, Y, Z domain coordinates to the AFC system every 24 hours before the router can potentially be authorized by the AFC system to transition from LPI (Low Power Indoor) mode to SP (Standard Power) mode”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to modify Gao with Grant to include receiving one or more first reports from an access point (AP) operating in standard power mode over a period of time, and in response to detecting the movement, modifying operation of the AP thereby, to Accurate location of the unit is desirable to reduce the potential that interference will be found and thus increase the potential that standard power operation as taught by Grant (see paragraph [0142]).
Regarding claim 17, the combination of Gao and Grant teaches all the limitations of claim 13. In addition, Grant teaches the predefined uncertainty region is larger than each of a first uncertainty region associated with the first coordinate of the AP and a second uncertainty region associated with the second coordinate of the AP (see paragraphs [0108], [0180] “The location is reported to the AFC database with a certain area of certainty/uncertainty as well as XYZ coordinates and measurement method (ellipse, sphere) that was used to measure certainty/uncertainty. Once reported to the AFC database, there is some associated cloud-based processing. The larger the area of uncertainty, the more calculations are needed. The database is aware of the location of the router that has requested permission enter standard power mode, as well as the locations of all the surrounding 6 GHz incumbent devices.” Where the uncertainty region is larger than each coordinate AP”. read as (compare the location with the previous location and enhanced uncertainty region and determine whether the AP has moved (or is moving) from its previous location”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to modify Gao with Grant to include the predefined uncertainty region is larger than each of a first uncertainty region associated with the first coordinate of the AP and a second uncertainty region associated with the second coordinate of the AP thereby, to accurate location of the unit is desirable to reduce the potential that interference will be found and thus increase the potential that standard power operation as taught by Grant (see paragraph [0142]).
Regarding claim 19, the combination of Gao and Grant teaches all the limitations of claim 13. In addition, Grant teaches modifying operation of the AP comprises at least one of configuring the AP to operate in low power indoor mode from standard power mode (see paragraphs [0116], [0148] and FIG. 18 “read as an access point operating at a first, higher transmit power level and how subsequently reducing transmission power to a lower level, thereby disclosing operating in LPI mode from standard power mode as claimed through AFC”),
or configuring the AP to operate in a different frequency band (see paragraph [0163] “the database, approval for the transceiver device to operate in the high power mode, the AFC database or other similar database will utilize an appropriate algorithm (calculation engine 1817 discussed elsewhere) to determine available frequency and/or channel ranges with maximum permissible power and expiration time, in accordance with known principles).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to modify Gao with Grant to include modifying operation of the AP comprises at least one of configuring the AP to operate in low power indoor mode from standard power mode thereby, to accurate location of the unit is desirable to reduce the potential that interference will be found and thus increase the potential that standard power operation as taught by Grant (see paragraph [0142]).
Regarding claim 20, Gao teaches a non-transitory computer-readable medium comprising computer-executable instructions (see paragraphs [0012], claim 25, “a computer program product comprises a non-transitory medium storing computer programs for execution by one or more computer systems.”,
when collectively executed by one or more processors of a computing system cause the computing system cause the computing system to perform an operation the operation (see paragraph [0087]” storage on computer readable medium, instructions and/or data may be provided as signals on transmission media included in a communication apparatus. he instructions and data can be configured to cause one or more processors to implement the functions”),
wherein each of the one or more first reports comprises at least one of (i) a coordinate of the AP (see paragraph [0063], if there are enough number of mobile uploads on an AP (for example >20 mobile uploads), the interfracile range of the data set both on latitude and longitude (e.g. coordinate of AP) may be used to determine the geometrical dispersion of the mobile uploads”), or
(ii) a height of the AP (see paragraph [[0078] Note that the information observed about the at least one access point device includes observation time, latitude, longitude, altitude (e.g. height of AP), horizontal uncertainty, and vertical uncertainty of the at least one access point being observed”), or
(iii) an uncertainty region associated with the coordinate of the AP (see paragraph [[0078] Note that the information observed about the at least one access AP) device includes observation time, latitude, longitude, altitude, horizontal uncertainty, and vertical uncertainty (e.g. uncertainty region associated with the coordinate of the AP) of the at least one access point being observed”),
detecting movement of the AP based on the one or more first reports, wherein detecting movement of the AP comprises determining that a distance between a first coordinate of the AP at a first point in time and a second coordinate of the AP at a second point in time is larger than a predefined uncertainty region (see paragraph [0062] “In block 620, it is determined whether the distance is greater than a predefined position distance threshold (for example 1 Kilometers). If the distance is greater than a predefined position distance threshold “[0072] “compare the position of the access point device to a previous position of the access point device, and identify the access point device as the mobile access point device in response to the position of the access point device has moved over a second predetermined range as shown in block 718”).
Gao fails to explicitly suggest receiving one or more first reports from an access point (AP) operating in standard power mode over a period of time; and in response to detecting the movement, modifying operation of the AP.
receiving one or more first reports from an access point (AP) operating in standard power mode over a period of time (see FIG. 18, paragraphs [0104], [0149] Movement of the AP or router beyond a predetermined distance (e.g., 10 cm) will automatically be detected by the integrated NFC reader and the unit will revert to LPI mode. Attempts to move (or remove) the NTAG sticker will result in the NTAG sticker X, Y, Z location information being damaged; the unit will then revert to LPI mode, [0149] “FIG. 18, every 24 hours, every wireless access point 1801 that wishes to operate in standard power mode (e.g., AFC-enabled Wi-Fi 6E router of an ISP such as a cable MSO providing high-bandwidth data services) must report its X, Y, Z geolocation (e.g. one or more first reports “X/Y/Z geolocation data”, movement of AP, standard power mode “AP wishing to operate in SP mode”, over a period of time “reports every 24 hours”),
and in response to detecting the movement, modifying operation of the AP (see paragraph [0148] “the AFC system requires that the router “reports” its geolocation (with 95% confidence) in X, Y, Z domain coordinates to the AFC system every 24 hours before the router can potentially be authorized by the AFC system to transition from LPI (Low Power Indoor) mode to SP (Standard Power) mode”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to modify Gao with Grant to include receiving one or more first reports from an access point (AP) operating in standard power mode over a period of time, and in response to detecting the movement, modifying operation of the AP thereby, to Accurate location of the unit is desirable to reduce the potential that interference will be found and thus increase the potential that standard power operation as taught by Grant (see paragraph [0142]).
Regarding claim 21, the combination of Gao and Grant teaches all the limitations of claim 20. In addition, Grant teaches wherein the predefined uncertainty region is larger than each of a first uncertainty region associated with the first coordinate of the AP and a second uncertainty region associated with the second coordinate of the AP (see paragraphs [0108], [0180] “The location is reported to the AFC database with a certain area of certainty/uncertainty as well as XYZ coordinates and measurement method (ellipse, sphere) that was used to measure certainty/uncertainty. Once reported to the AFC database, there is some associated cloud-based processing. The larger the area of uncertainty, the more calculations are needed. The database is aware of the location of the router that has requested permission enter standard power mode, as well as the locations of all the surrounding 6 GHz incumbent devices.” Where the uncertainty region is larger than each coordinate AP”. read as (compare the location with the previous location and enhanced uncertainty region and determine whether the AP has moved (or is moving) from its previous location”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to modify Gao with Grant to include the predefined uncertainty region is larger than each of a first uncertainty region associated with the first coordinate of the AP and a second uncertainty region associated with the second coordinate of the AP thereby, to accurate location of the unit is desirable to reduce the potential that interference will be found and thus increase the potential that standard power operation as taught by Grant (see paragraph [0142]).
Claims 6-8,18, and 22-24 are rejected under 35 U.S.C. 103 as being unpatentable over Gao et al. (US PGPUB 20140036768 A1) and Grant (US PGPUB 20240224194 A1) as applied to claims 1, 13, and 20 above and further in view of Zhou (US PGPUB 20150018003 A1).
Regarding claim 6, the combination of Gao and Grant teaches all the limitations of claim 1. However, the combination of Gao and Grant fails to teach receiving one or more second reports from the AP indicating one or more neighboring APs associated with the AP, wherein the movement of the AP is detected based on the one or more second reports.
Zhou teaches further comprising receiving one or more second reports from the AP indicating one or more neighboring APs associated with the AP, wherein the movement of the AP is detected based on the one or more second reports ( see paragraph [0039] Fig. 3 and Fig.4 “which explicitly teach that the AP location is determined by the number of new neighbor access point address and reported by an AP”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to modify the combination of Gao and Grant with Zhou to include receiving one or more second reports from the AP indicating one or more neighboring APs associated with the AP, wherein the movement of the AP is detected based on the one or more second reports thereby, to inaccurate location predictions and increased location prediction errors as taught by Zhou (see paragraph [0002]).
Regarding claim 7, the combination of Gao, Grant and Zhou teaches all the limitations of claim 6. In addition, Zhou teaches wherein detecting movement of the AP comprises determining that a number of neighboring APs that are different from a first of the one or more second reports at a first point in time and a second of the one or more second reports at a second point in time is greater than a threshold (see paragraphs [0036]- [0037] FIGS. 3,4 “providing information regarding whether access points have disappeared, neighboring access points can also be used to detect when an access point has moved, such as from one level to a distant level (e.g., 10 meters or more)”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to modify the combination of Gao and Grant with Zhou to include detecting movement of the AP comprises determining that a number of neighboring APs that are different from a first of the one or more second reports at a first point in time and a second of the one or more second reports at a second point in time is greater than a threshold thereby, to inaccurate location predictions and increased location prediction errors as taught by Zhou (see paragraph [0002]).
Regarding claim 8, the combination of Gao and Grant teaches all the limitations of claim 1. However, the combination of Gao and Grant fails to teach receiving one or more third reports from one or more neighboring APs associated with the AP, wherein the movement of the AP is detected based on the one or more third reports.
Zhou teaches receiving one or more third reports from one or more neighboring APs associated with the AP, wherein the movement of the AP is detected based on the one or more third reports (see paragraph [0017] lines (8-11) “which explicitly teach that Based on the wireless data from the scans, neighboring access point from a particular level are determined. Each neighboring access point appears together in a single scan used to create a wireless network model for that particular level and see section [0026] Using data from these scans, neighboring access points can be identified. For example, client device 103 may observe a set of available access points during a single scan of a particular level of indoor space 201. Each of the access points in this set may be considered "neighbors" of the other access points in the set. see Fig.3 and Fig.4”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to modify the combination of Gao and Grant with Zhou to include receiving one or more third reports from one or more neighboring APs associated with the AP, wherein the movement of the AP is detected based on the one or more third reports thereby, to inaccurate location predictions and increased location prediction errors as taught by Zhou (see paragraph [0002]).
Regarding claim 18, the combination of Gao and Grant teaches all the limitations of claim 13. However, the combination of Gao and Grant fails to teach receiving one or more second reports from the AP indicating one or more neighboring APs associated with the AP, wherein the movement of the AP is detected based on the one or more second reports; and detecting movement of the AP comprises determining that a number of neighboring APs that are different from a first of the one or more second reports at a first point in time and a second of the one or more second reports at a second point in time is greater than a threshold.
Zhou teaches receiving one or more second reports from the AP indicating one or more neighboring APs associated with the AP, wherein the movement of the AP is detected based on the one or more second reports ( see paragraph [0039] Fig. 3 and Fig.4 “which explicitly teach that the AP location is determined by the number of new neighbor access point address and reported by an AP”),
detecting movement of the AP comprises determining that a number of neighboring APs that are different from a first of the one or more second reports at a first point in time and a second of the one or more second reports at a second point in time is greater than a threshold (see paragraphs [0036]- [0037] FIGS. 3,4 “o providing information regarding whether access points have disappeared, neighboring access points can also be used to detect when an access point has moved, such as from one level to a distant level (e.g., 10 meters or more)”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to modify the combination of Gao and Grant with Zhou to include receiving one or more second reports from the AP indicating one or more neighboring APs associated with the AP, wherein the movement of the AP is detected based on the one or more second reports; and detecting movement of the AP comprises determining that a number of neighboring APs that are different from a first of the one or more second reports at a first point in time and a second of the one or more second reports at a second point in time is greater than a threshold thereby, to inaccurate location predictions and increased location prediction errors as taught by Zhou (see paragraph [0002]).
Regarding claim 22, the combination of Gao and Grant teaches all the limitations of claim 20. However, the combination of Gao and Grant fails to teach receiving one or more second reports from the AP indicating one or more neighboring APs associated with the AP, wherein the movement of the AP is detected based on the one or more second reports.
Zhou teaches further comprising receiving one or more reports from the AP indicating one or more neighboring APs associated with the AP, wherein the movement of the AP is detected based on the one or more reports ( see paragraph [0039] Fig. 3 and Fig.4 “which explicitly teach that the AP location is determined by the number of new neighbor access point address and reported by an AP”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to modify the combination of Gao and Grant with Zhou to include receiving one or more second reports from the AP indicating one or more neighboring APs associated with the AP, wherein the movement of the AP is detected based on the one or more second reports thereby, to inaccurate location predictions and increased location prediction errors as taught by Zhou (see paragraph [0002]).
Regarding claim 23, the combination of Gao, Grant and Zhou teaches all the limitations of claim 22. In addition, Zhou teaches wherein detecting movement of the AP comprises determining that a number of neighboring APs that are different from a first of the one or more second reports at a first point in time and a second of the one or more second reports at a second point in time is greater than a threshold (see paragraphs [0036]- [0037] FIGS. 3,4 “providing information regarding whether access points have disappeared, neighboring access points can also be used to detect when an access point has moved, such as from one level to a distant level (e.g., 10 meters or more)”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to modify the combination of Gao and Grant with Zhou to include detecting movement of the AP comprises determining that a number of neighboring APs that are different from a first of the one or more second reports at a first point in time and a second of the one or more second reports at a second point in time is greater than a threshold thereby, to inaccurate location predictions and increased location prediction errors as taught by Zhou (see paragraph [0002]).
Regarding claim 24, the combination of Gao and Grant teaches all the limitations of claim 20. However, the combination of Gao and Grant fails to teach receiving one or more third reports from one or more neighboring APs associated with the AP, wherein the movement of the AP is detected based on the one or more third reports.
Zhou teaches receiving one or more third reports from one or more neighboring APs associated with the AP, wherein the movement of the AP is detected based on the one or more third reports (see paragraph [0017] lines (8-11) “which explicitly teach that Based on the wireless data from the scans, neighboring access point from a particular level are determined. Each neighboring access point appears together in a single scan used to create a wireless network model for that particular level and see section [0026] Using data from these scans, neighboring access points can be identified. For example, client device 103 may observe a set of available access points during a single scan of a particular level of indoor space 201. Each of the access points in this set may be considered "neighbors" of the other access points in the set” see Fig.3 and Fig.4).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to modify the combination of Gao and Grant with Zhou to include receiving one or more third reports from one or more neighboring APs associated with the AP, wherein the movement of the AP is detected based on the one or more third reports thereby, to inaccurate location predictions and increased location prediction errors as taught by Zhou (see paragraph [0002]).
Claims 9 and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Gao et al. (US PGPUB 20140036768 A1) and Grant (US PGPUB 20240224194 A1) and Zhou (US PGPUB 20150018003 A1) as applied to claims 8 and 24 above and further in view of VENKATRAMAN et al. (US PGPUB 20160249315 A1).
Regarding claim 9, the combination of Gao, Grant and Zhou teaches all the limitations of claim 8. However, the combination of Gao, Grant and Zhou fails to teach detecting movement of the AP comprises determining that a number of the one or more third reports received over a period of time is greater than a threshold.
VENKATRAMAN teaches detecting movement of the AP comprises determining that a number of the one or more third reports received over a period of time is greater than a threshold (see paragraph [0031] “which explicitly teach that the location server monitors detection reports associated with the wireless access point (AP), and when the AP is not detected in a number of reports exceeding a predefine threshold, the location server updates its stored information related to the AP, such as modifying the AP information as inactive or relocated”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to modify the combination of Gao, Grant and Zhou with VENKATRAMAN to include detecting movement of the AP comprises determining that a number of the one or more third reports received over a period of time is greater than a threshold thereby, to reduce the amount of data that is to be transmitted to the mobile device as taught by VENKATRAMAN (see paragraph [0097]).
Regarding claim 25, the combination of Gao, Grant and Zhou teaches all the limitations of claim 24. However, the combination of Gao, Grant and Zhou fails to teach detecting movement of the AP comprises determining that a number of the one or more third reports received over a period of time is greater than a threshold.
VENKATRAMAN teaches detecting movement of the AP comprises determining that a number of the one or more third reports received over a period of time is greater than a threshold (see paragraph [0031] “which explicitly teach that the location server monitors detection reports associated with the wireless access point (AP), and when the AP is not detected in a number of reports exceeding a predefine threshold, the location server updates its stored information related to the AP, such as modifying the AP information as inactive or relocated”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to modify the combination of Gao, Grant and Zhou with VENKATRAMAN to include detecting movement of the AP comprises determining that a number of the one or more third reports received over a period of time is greater than a threshold thereby, to reduce the amount of data that is to be transmitted to the mobile device as taught by VENKATRAMAN (see paragraph [0097]).
Claims 10 and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Gao et al. (US PGPUB 20140036768 A1) in view of Grant (US PGPUB 20240224194 A1) as applied to claims 1 and 20 above and further in view of SHRIVASTAVA AVINASH (WO 2022046346 A1).
Regarding claim 10, the combination of Gao and Grant teaches all the limitations of claim 1. However, the combination of Gao and Grant fails to teach receiving one or more second reports from the AP, each comprising fine timing measurement data, wherein the movement of the AP is detected based on the one or more second reports.
SHRIVASTAVA AVINASH teaches receiving one or more second reports from the AP, each comprising fine timing measurement data, wherein the movement of the AP is detected based on the one or more second reports (see paragraph [00178] ,” Fig.5 read as transmitting a request message to a WIFI access point to civic location information, and “receiving from the WIFI access point, a Fine Time Measurement (FTM) frame that carries civic location data identifying the physical location of the WIFI access point”)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to modify the combination of Gao and Grant with SHRIVASTAVA AVINASH to include detecting movement of the AP comprises determining that a number of the one or more third reports received over a period of time is greater than a threshold thereby, to accurately synchronized by the transceivers or transmitters to a common universal time such as GPS time or coordinated universal time as taught by SHRIVASTAVA (see paragraph [0060]).
Regarding claim 26, the combination of Gao and Grant teaches all the limitations of claim 20. However, the combination of Gao and Grant fails to teach receiving one or more second reports from the AP, each comprising fine timing measurement data, wherein the movement of the AP is detected based on the one or more second reports.
SHRIVASTAVA AVINASH teaches receiving one or more second reports from the AP, each report comprising fine timing measurement data, wherein the movement of the AP is detected based on the one or more second reports (see paragraph [00178] ,” Fig.5 read as transmitting a request message to a WIFI access point to civic location information, and “receiving from the WIFI access point, a Fine Time Measurement (FTM) frame that carries civic location data identifying the physical location of the WIFI access point”)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to modify the combination of Gao and Grant with SHRIVASTAVA AVINASH to include detecting movement of the AP comprises determining that a number of the one or more third reports received over a period of time is greater than a threshold thereby, to accurately synchronized by the transceivers or transmitters to a common universal time such as GPS time or coordinated universal time as taught by SHRIVASTAVA (see paragraph [0060]).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Gao et al. (US PGPUB 20140036768 A1) in view of Grant (US PGPUB 20240224194 A1) as applied to claim 1 above and further in view of Ansley et al. (US PGPUB 20200367020 A1).
Regarding claim 12, the combination of Gao and Grant teaches all the limitations of claim 1. However, the combination of Gao and Grant fails to teach modifying operation of the AP comprises configuring the AP to operate in a different frequency band.
Ansley teaches modifying operation of the AP comprises configuring the AP to operate in a different frequency band (see paragraph [0054] read as initiate operation to change operational parameters of the second AFC system, which includes changing the channel of the AP”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to modify the combination of Gao and Grant with Ansley to include modifying operation of the AP comprises configuring the AP to operate in a different frequency band thereby, to accurately synchronized by the transceivers or transmitters to a common universal time such as GPS time or coordinated universal time as taught by Ansley (see paragraph [0010]).
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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/ARTIBEN JAIMIN PATEL/Examiner, Art Unit 2645
/ANTHONY S ADDY/Supervisory Patent Examiner, Art Unit 2645
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