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 .
Priority
Examiner acknowledges the following data:
Parent data
18435646 filed 02/07/2024 claims foreign priority to 2023-017827, filed 02/08/2023.
Information Disclosure statements
The information disclosure statements (IDS) were submitted and filed on 02/07/2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Claim Interpretations - 35 USC § 112(f)
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
Claim limitations “a first obtaining unit” (claims 1-14), “a measuring unit" (claims 1-14), “a second obtaining unit” (claims 1-14), “a selecting unit” (claims 1-14) and “a managing unit” (claim 13) have been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because it uses/they use a generic placeholder “configured to” coupled with functional language “obtain first position information” (claims 1-14), “measure a positional relationship” (claims 1-14), “obtain second position information” (claims 1-14), “select either the first position information or the second position information” (claims 1-14) and “perform the position management” (claim 13) without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is not preceded by a structural modifier.
Since the claim limitations invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, claims 1-14 have been interpreted to cover the corresponding structure described in the specification that achieves the claimed function, and equivalents thereof.
A review of the specification shows that the following appears to be the corresponding structure described in the specification, referenced by the PGPUB, for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitation:
• “a first obtaining unit” – Specification [14] and [57]– It appears that the corresponding structure is a RFID reader and a CPU.
• “a measuring unit" – Specification [57]– It appears that the corresponding structure is a CPU.
• “a second obtaining unit" – Specification [14] and [57]– It appears that the corresponding structure is a RFID reader and a CPU.
• “a selecting unit" – Specification [57]– It appears that the corresponding structure is a RFID reader and a CPU.
• “a managing unit" – Specification [57]– It appears that the corresponding structure is a RFID reader and a CPU..
If applicant wishes to provide further explanation or dispute the examiner’s interpretation of the corresponding structure, applicant must identify the corresponding structure with reference to the specification by page and line number, and to the drawing, if any, by reference characters in response to this Office action.
If applicant does not intend to have the claim limitation(s) treated under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112 , sixth paragraph, applicant may amend the claim(s) so that it/they will clearly not invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, or present a sufficient showing that the claim recites/recite sufficient structure, material, or acts for performing the claimed function to preclude application of 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
For more information, see MPEP § 2173 et seq. and Supplementary Examination Guidelines for Determining Compliance With 35 U.S.C. 112 and for Treatment of Related Issues in Patent Applications, 76 FR 7162, 7167 (Feb. 9, 2011).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-16 are rejected under 35 U.S.C. 103 as being unpatentable over Murakami et al (US 2012/0242457) in view of Fahim et al (US 2024/0175963).
Regarding claim 1, Murakami et al discloses communication apparatus (fig. 1 item 10, portable terminal) comprising:
a first obtaining unit (fig. 1 item 11, CPU) configured to obtain first position information by communicating with a wireless device (fig. 1 item 30, RFID tag) serving as a reference for identifying a position, using a first communication function (CPU 11 acquires reading direction information of the RFID reader/writer unit 18 (first communication function) on the basis of direction information (cardinal direction information) of the portable terminal 10 that is detected by the compass unit when an RFID tag 30 is read, and stores position information that is detected by the motion sensor 19 when the RFID tag 30 is read and the acquired reading direction information in the flash memory 17 as reading position and reading direction, respectively, in such a manner that they are correlated with the individual identification information of the RFID tag 30, [0031], lines 1-6);
a measuring unit (fig. 1 item 11, CPU) configured to measure a positional relationship with an external apparatus based on communication with the external apparatus performed using a second communication function different from the first communication function (CPU 11 calculates (measures) distances between the positions represented by the respective pieces of reading position information 42 and the position represented by the position information of the user (portable terminal 10B) (portable terminal 10B includes a second RFID reader/writer unit 18 (second communication function) is an external apparatus to portable terminal 10A acquired at step S54. Still further, the CPU 11 displays marks corresponding to the calculated distances and acquired pieces of reading direction information 43 in the preview image being displayed on the display unit 14 at positions corresponding to the acquired pieces of reading position information 42, [0101], lines 6-10);
a second obtaining unit (fig. 1 item 11, CPU) configured to obtain second position information based on the positional relationship measured by the measuring unit (portable terminal 10B which includes a second CPU 11 starts the third information reading process for reading RFID tags 30, polling processing of causing the RFID reader/writer unit 18 to read an RFID tag 30 is performed all the time. As a result, reading position information (second position information) and reading direction information of an RFID tag 30 that is read unexpectedly can also be stored in the flash memory 17 as reading position, [0104], lines 1-4); and
Murakami et al does not specifically disclose concept of selecting unit configured to select either the first position information or the second position information, as position information for position management of another wireless device with which communication is to be performed using the first communication function.
However, Fahim et al specifically teaches concept of selecting unit configured to select either the first position information or the second position information, as position information for position management of another wireless device with which communication is to be performed using the first communication function (LMF 131 (Location Management Function) selects the RTT (round trip time) backscatter-based positioning technique (first position information or the second position information) as a position information for configuring (managing) TRPs 340-349 (another wireless device) so that one or more of TRPs (transmission/reception point) 340-349 such as base stations or a tag device or reader device (another wireless device) transmits (first communication function) a respective PRS (positioning reference signal) 374 to tag device 120 (another wireless device) [0098], lines 1-7, [0099], lines 1-9).
At the time the invention was filed, it would have been obvious for one of ordinary skill in the art to have modified system of Murakami et al with concept of selecting unit configured to select either the first position information or the second position information, as position information for position management of another wireless device with which communication is to be performed using the first communication function of Fahim et al. One of ordinary skill in the art would have been motivated to make this modification in order to improve wireless communication systems backscatter-based positioning, (Fahim et al, [0001], lines 1-2).
Regarding claim 2, Murakami et al discloses communication apparatus (fig. 1 item 10, portable terminal), wherein in a case where the first position information and the second position information are both obtained, the selecting unit selects either the first position information or the second position information based on a relationship between a position indicated by the first position information and a position indicated by the second position information (When the plural reading positions information (first position information and the second position information) are displayed (obtained), select one of the reading positions information (first position information and the second position information), based on the reading positions information (first position information and the second position information) displayed, [0086], lines 1-5).
Regarding claim 3, Murakami et al discloses communication apparatus (fig. 1 item 10, portable terminal),
wherein in a case where a difference between the position indicated by the first position information and the position indicated by the second position
information is smaller than a first threshold, the selecting unit selects the first position information (when preview image 143 includes a small flag mark 84 that indicates the reading position and is smaller than the mark 81, move closer to the one of the first or second reading positions, [0075], lines 4-6).
Regarding claim 4, Murakami et al discloses communication apparatus (fig. 1 item 10, portable terminal),
wherein in a case where the difference between the position indicated by the first position information and the position indicated by the second position
information is between the first threshold and a second threshold greater than the first threshold, the selecting unit selects the first position information (when preview image 143 includes a small flag mark 81 that indicates the reading position and is larger than the mark 84, move closer to the one of the first or second reading positions, [0075], lines 4-6, [0081], lines 1-5).
Murakami et al does not disclose concept of communication with the wireless device using the first communication function has continued for longer than a predetermined time.
However, Fahim et al specifically teaches concept of communication with the wireless device using the first communication function has continued for longer than a predetermined time (longer TTI (Transmittal Time Interval) may be used for higher spectral efficiency. The efficient multiplexing of long TTIs (Transmittal Time Interval) to allow transmissions to start on symbol boundaries, [0038], lines 1-4).
At the time the invention was filed, it would have been obvious for one of ordinary skill in the art to have modified system of Murakami et al with concept of communication with the wireless device using the first communication function has continued for longer than a predetermined time of Fahim et al. One of ordinary skill in the art would have been motivated to make this modification in order to improve wireless communication systems backscatter-based positioning, (Fahim et al, [0001], lines 1-2).
Regarding claim 5, Murakami et al discloses communication apparatus (fig. 1 item 10, portable terminal),
wherein in a case where the difference between the position indicated by the first position information and the position indicated by the second position
information exceeds the second threshold, the selecting unit selects the second position information (when preview image 143 includes a small flag mark 81 that indicates the reading position and is larger than the mark 84, move closer to the one of the first or second reading positions, [0075], lines 4-6).
Regarding claim 6, Murakami et al discloses communication apparatus (fig. 1 item 10, portable terminal),
Murakami et al does not specifically disclose concept of wherein in a case where only either the first position information or the second position information is obtained, the selecting unit selects the obtained position information (When the plural reading positions information (first position information and the second position information) are displayed (obtained), select one of the reading positions information (first position information and the second position information), based on the reading positions information (first position information and the second position information) displayed, [0086], lines 1-5).
Regarding claim 7, Murakami et al discloses communication apparatus (fig. 1 item 10, portable terminal), wherein obtaining of the first position information by the first obtaining unit and obtaining of the second position information by the second obtaining unit are repeatedly and synchronously executed, and the selecting unit preferentially selects the first position information (When the plural reading positions information (first position information and the second position information) are displayed (obtained), select one of the reading positions information (first position information and the second position information), based on the reading positions information (first position information and the second position information) displayed, [0086], lines 1-5).
Regarding claim 8, Murakami et al discloses communication apparatus (fig. 1 item 10, portable terminal), wherein in a case where the first position information is obtained by the first obtaining unit, obtaining of a position by the second obtaining unit is not executed (when the position information (first position information) is displayed, notify the user of the piece of information position information (first position information) and no other position information, [0031], lines 6-10).
Regarding claim 9, Murakami et al discloses communication apparatus (fig. 1 item 10, portable terminal),
wherein in a case where the communication apparatus is capable of communication, via the second communication function, with a predetermined
number of external apparatuses that are communicating with wireless devices respectively serving as references for different positions, the measuring unit measures a distance between the communication apparatus and each of the predetermined number of external apparatuses (CPU 11 calculates (measures) distances between the positions represented by the respective pieces of reading position information 42 and the position represented by the position information of the user (portable terminal 10B) (portable terminal 10B includes a second RFID reader/writer unit 18 (second communication function) are external apparatuses to portable terminal 10A acquired at step S54. Still further, the CPU 11 displays marks corresponding to the calculated distances and acquired pieces of reading direction information 43 in the preview image being displayed on the display unit 14 at positions corresponding to the acquired pieces of reading position information 42, [0101], lines 6-10).
Regarding claim 10, Murakami et al discloses communication apparatus (fig. 1 item 10, portable terminal),
wherein in a case where periods for which the predetermined number of external apparatuses are respectively communicating with the wireless devices
serving as the references for positions, the measuring unit measures a distance between the communication apparatus and each of the predetermined number of external apparatuses (CPU 11 calculates (measures) distances between the positions represented by the respective pieces of reading position information 42 and the position represented by the position information of the user (portable terminal 10B) (portable terminal 10B includes a second RFID reader/writer unit 18 (second communication function) is an external apparatus to portable terminal 10A acquired at step S54. Still further, the CPU 11 displays marks corresponding to the calculated distances and acquired pieces of reading direction information 43 in the preview image being displayed on the display unit 14 at positions corresponding to the acquired pieces of reading position information 42, [0101], lines 6-10).
Murakami et al does not disclose concept of positions have each continued longer than a predetermined time.
However, Fahim et al specifically teaches concept of positions have each continued longer than a predetermined time (Longer TTI (Transmittal Time Interval) may be used for higher spectral efficiency. The efficient multiplexing of long TTIs (Transmittal Time Interval) to allow transmissions to start on symbol boundaries. Tag device 120 may have a tag delay. The tag delay, such as a radio frequency (RF) group delay, may include or be based on one or more components (e.g., circuitry 351, transmitter 356, receiver 358, or a combination thereof, of the tag device. The one or more components are configured to receive a positioning reference signal, generate a backscatter signal based on the positioning reference signal, and transmit the backscatter signal. In some implementations, the tag delay is an amount of time between tag device 120 receiving a positioning reference signal and transmitting a backscatter signal based on the received positioning reference signal, [0038], lines 1-4, [0071], lines 1-6).
At the time the invention was filed, it would have been obvious for one of ordinary skill in the art to have modified system of Murakami et al with concept of positions have each continued longer than a predetermined time of Fahim et al. One of ordinary skill in the art would have been motivated to make this modification in order to improve wireless communication systems backscatter-based positioning, (Fahim et al, [0001], lines 1-2).
Regarding claim 11, Murakami et al discloses communication apparatus (fig. 1 item 10, portable terminal),
wherein in a case where a variation in mutual distances between the predetermined number of external apparatuses is smaller than a threshold, the
measuring unit measures a distance between the communication apparatus and each of the predetermined number of external apparatuses (CPU 11 calculates (measures) distances between the positions represented by the respective pieces of reading position information 42 and the position represented by the position information of the user (portable terminal 10B) (portable terminal 10B includes a second RFID reader/writer unit 18 (second communication function) are external apparatuses to portable terminal 10A acquired at step S54. Still further, the CPU 11 displays marks corresponding to the calculated distances and acquired pieces of reading direction information 43 in the preview image being displayed on the display unit 14 at positions corresponding to the acquired pieces of reading position information 42, [0101], lines 6-10).
Regarding claim 12, Murakami et al discloses communication apparatus (fig. 1 item 10, portable terminal),
wherein the measuring unit obtains the variation by transmitting a request to measure the mutual distances to the predetermined number of external
apparatuses, and receiving a result of the measurement from the predetermined number of external apparatuses, using the second communication function (CPU 11 calculates (measures) distances between the positions represented by the respective pieces of reading position information 42 and the position represented by the position information of the user (portable terminal 10B) (portable terminal 10B includes a second RFID reader/writer unit 18 (second communication function) are external apparatuses to portable terminal 10A acquired at step S54. Still further, the CPU 11 displays marks corresponding to the calculated distances and acquired pieces of reading direction information 43 in the preview image being displayed on the display unit 14 at positions corresponding to the acquired pieces of reading position information 42, [0101], lines 6-10).
Regarding claim 13, Murakami et al discloses communication apparatus (fig. 1 item 10, portable terminal), further comprising:
Murakami et al does not specifically disclose concept of managing unit configured to perform the position management by associating position information selected by the selecting unit with information
obtained through communication with the other wireless device.
However, Fahim et al specifically teaches concept of managing unit configured to perform the position management by associating position information selected by the selecting unit with information
obtained through communication with the other wireless device (LMF 131 (Location Management Function) selects the RTT (round trip time) backscatter-based positioning technique (first position information or the second position information) as a position information for configuring (managing) TRPs 340-349 (another wireless device) so that one or more of TRPs (transmission/reception point) 340-349 such as base stations or a tag device or reader device (another wireless device) transmits (first communication function) a respective PRS (positioning reference signal) 374 to tag device 120 (another wireless device) [0098], lines 1-7, [0099], lines 1-9).
At the time the invention was filed, it would have been obvious for one of ordinary skill in the art to have modified system of Murakami et al with concept of managing unit configured to perform the position management by associating position information selected by the selecting unit with information obtained through communication with the other wireless device of Fahim et al. One of ordinary skill in the art would have been motivated to make this modification in order to improve wireless communication systems backscatter-based positioning, (Fahim et al, [0001], lines 1-2).
Regarding claim 14, Murakami et al discloses position management system comprising (FIG. 3 is a block diagram illustrating an example wireless communication system that supports backscatter-based positioning according to one or more aspects, [0018], lines 1-2):
the communication apparatus (fig. 1 item 10, portable terminal);
the external apparatus (portable terminal 10B includes a second RFID reader/writer unit 18 (second communication function) are external apparatuses to portable terminal 10A, [0101], lines 6-10); and
Murakami et al does not specifically disclose concept of wireless device, wherein the position management system performs position management of the other wireless device using the position information selected by the selecting unit.
However, Fahim et al specifically teaches concept of wireless device, wherein the position management system performs position management of the other wireless device using the position information selected by the selecting unit (LMF 131 (Location Management Function) selects the RTT (round trip time) backscatter-based positioning technique (first position information or the second position information) as a position information for configuring (managing) TRPs 340-349 (another wireless device) so that one or more of TRPs (transmission/reception point) 340-349 such as base stations or a tag device or reader device (another wireless device) transmits (first communication function) a respective PRS (positioning reference signal) 374 to tag device 120 (another wireless device) [0098], lines 1-7, [0099], lines 1-9).
At the time the invention was filed, it would have been obvious for one of ordinary skill in the art to have modified system of Murakami et al with concept of wireless device, wherein the position management system performs position management of the other wireless device using the position information selected by the selecting unit of Fahim et al. One of ordinary skill in the art would have been motivated to make this modification in order to improve wireless communication systems backscatter-based positioning, (Fahim et al, [0001], lines 1-2).
Regarding claim 15, Murakami et al discloses method for controlling a communication apparatus (fig. 1 item 10, portable terminal), comprising:
obtaining first position information by performing communication with a wireless device (fig. 1 item 30, RFID tag) serving as a reference for identifying a position, using a first communication function (CPU 11 acquires reading direction information of the RFID reader/writer unit 18 (first communication function) on the basis of direction information (cardinal direction information) of the portable terminal 10 that is detected by the compass unit when an RFID tag 30 is read, and stores position information that is detected by the motion sensor 19 when the RFID tag 30 is read and the acquired reading direction information in the flash memory 17 as reading position and reading direction, respectively, in such a manner that they are correlated with the individual identification information of the RFID tag 30, [0031], lines 1-6);
measuring a positional relationship with an external apparatus based on communication with the external apparatus performed using a second communication function different from the first communication function (CPU 11 calculates (measures) distances between the positions represented by the respective pieces of reading position information 42 and the position represented by the position information of the user (portable terminal 10B) (portable terminal 10B includes a second RFID reader/writer unit 18 (second communication function) is an external apparatus to portable terminal 10A acquired at step S54. Still further, the CPU 11 displays marks corresponding to the calculated distances and acquired pieces of reading direction information 43 in the preview image being displayed on the display unit 14 at positions corresponding to the acquired pieces of reading position information 42, [0101], lines 6-10);
obtaining second position information based on the measured positional relationship (portable terminal 10B which includes a second CPU 11 starts the third information reading process for reading RFID tags 30, polling processing of causing the RFID reader/writer unit 18 to read an RFID tag 30 is performed all the time. As a result, reading position information (second position information) and reading direction information of an RFID tag 30 that is read unexpectedly can also be stored in the flash memory 17 as reading position, [0104], lines 1-4); and
Murakami et al does not specifically disclose concept of selecting either the first position information or the second position information, for position management of another wireless device with which communication is to be performed using the first communication function.
However, Fahim et al specifically teaches concept of selecting either the first position information or the second position information, for position management of another wireless device with which communication is to be performed using the first communication function (LMF 131 (Location Management Function) selects the RTT (round trip time) backscatter-based positioning technique (first position information or the second position information) as a position information for configuring (managing) TRPs 340-349 (another wireless device) so that one or more of TRPs (transmission/reception point) 340-349 such as base stations or a tag device or reader device (another wireless device) transmits (first communication function) a respective PRS (positioning reference signal) 374 to tag device 120 (another wireless device) [0098], lines 1-7, [0099], lines 1-9).
At the time the invention was filed, it would have been obvious for one of ordinary skill in the art to have modified system of Murakami et al with concept of selecting either the first position information or the second position information, for position management of another wireless device with which communication is to be performed using the first communication function of Fahim et al. One of ordinary skill in the art would have been motivated to make this modification in order to improve wireless communication systems backscatter-based positioning, (Fahim et al, [0001], lines 1-2).
Regarding claim 16, Murakami et al discloses non-transitory computer-readable storage medium storing a program for causing a computer to execute a method for controlling a communication apparatus the method comprising (CPU 11 controls the individual units of the portable terminal 10 excluding the power unit 22. The CPU 11 reads a specified program among various programs from the ROM 15, develops it in the RAM 13, and performs one of various kinds of processing in cooperation with the developed program, [0030], lines 1-3):
obtaining first position information by performing communication with a wireless device serving as a reference for identifying a position, using a first communication function (CPU 11 acquires reading direction information of the RFID reader/writer unit 18 (first communication function) on the basis of direction information (cardinal direction information) of the portable terminal 10 that is detected by the compass unit when an RFID tag 30 is read, and stores position information that is detected by the motion sensor 19 when the RFID tag 30 is read and the acquired reading direction information in the flash memory 17 as reading position and reading direction, respectively, in such a manner that they are correlated with the individual identification information of the RFID tag 30, [0031], lines 1-6);
measuring a positional relationship with an external apparatus based on communication with the external apparatus performed using a second communication function different from the first communication function (CPU 11 calculates (measures) distances between the positions represented by the respective pieces of reading position information 42 and the position represented by the position information of the user (portable terminal 10B) (portable terminal 10B includes a second RFID reader/writer unit 18 (second communication function) is an external apparatus to portable terminal 10A acquired at step S54. Still further, the CPU 11 displays marks corresponding to the calculated distances and acquired pieces of reading direction information 43 in the preview image being displayed on the display unit 14 at positions corresponding to the acquired pieces of reading position information 42, [0101], lines 6-10);
obtaining second position information based on the measured positional relationship (portable terminal 10B which includes a second CPU 11 starts the third information reading process for reading RFID tags 30, polling processing of causing the RFID reader/writer unit 18 to read an RFID tag 30 is performed all the time. As a result, reading position information (second position information) and reading direction information of an RFID tag 30 that is read unexpectedly can also be stored in the flash memory 17 as reading position, [0104], lines 1-4); and
Murakami et al does not specifically disclose concept of selecting either the first position information or the second position information, for position management of another wireless device with which communication is to be performed using the first communication function.
However, Fahim et al specifically teaches concept of selecting either the first position information or the second position information, for position management of another wireless device with which communication is to be performed using the first communication function (LMF 131 (Location Management Function) selects the RTT (round trip time) backscatter-based positioning technique (first position information or the second position information) as a position information for configuring (managing) TRPs 340-349 (another wireless device) so that one or more of TRPs (transmission/reception point) 340-349 such as base stations or a tag device or reader device (another wireless device) transmits (first communication function) a respective PRS (positioning reference signal) 374 to tag device 120 (another wireless device) [0098], lines 1-7, [0099], lines 1-9).
At the time the invention was filed, it would have been obvious for one of ordinary skill in the art to have modified system of Murakami et al with concept of selecting either the first position information or the second position information, for position management of another wireless device with which communication is to be performed using the first communication function of Fahim et al. One of ordinary skill in the art would have been motivated to make this modification in order to improve wireless communication systems backscatter-based positioning, (Fahim et al, [0001], lines 1-2).
Conclusion
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/FRANTZ BATAILLE/ Primary Examiner, Art Unit 2681