DETAILED NON-FINAL OFFICE 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 .
Objection to the Specification
The text of 37 CFR 1.52(b)(6) is as follows:
“(6) Other than in a reissue application or reexamination or supplemental examination proceeding, the paragraphs of the specification, other than in the claims or abstract, may be numbered at the time the application is filed, and should be individually and consecutively numbered using Arabic numerals, so as to unambiguously identify each paragraph. The number should consist of at least four numerals enclosed in square brackets, including leading zeros (e.g., [0001]). The numbers and enclosing brackets should appear to the right of the left margin as the first item in each paragraph, before the first word of the paragraph, and should be highlighted in bold. A gap, equivalent to approximately four spaces, should follow the number. Nontext elements (e.g., tables, mathematical or chemical formulae, chemical structures, and sequence data) are considered part of the numbered paragraph around or above the elements, and should not be independently numbered. If a nontext element extends to the left margin, it should not be numbered as a separate and independent paragraph. A list is also treated as part of the paragraph around or above the list, and should not be independently numbered. Paragraph or section headers (titles), whether abutting the left margin or centered on the page, are not considered paragraphs and should not be numbered.” (Bold added).
The specification is hereby objected to under 37 CFR 1.52(b)(6) in that the paragraph numbering is not “at least four numerals enclosed in square brackets,” each being only three numerals. This objection may be overcome by either: (1) amending the paragraph numbering to comply with the cited rule, or, (2) cancelling the paragraph numbering.
Trademarks in the Specification
The use of the terms Kubernetes, GraphQL, WebSocket, RSocket, MySQL, Oracle, Microsoft, SQL Server, Cassandra, Bluetooth, Wi-Fi, Raspberry Pi, Arduino, BeagleBone Black, and Odroid, each of which is a trade name or a mark used in commerce, has been noted in this application. Each of these terms should be accompanied by the generic terminology; furthermore each of these terms should be capitalized wherever it appears or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM , or ® following the term.
Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) are permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks. This is not an objection to the specification.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 12-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding independent claim 12, the claim recites “a plurality of light emitting devices” (line 2), which could be as few as two devices, but, the claim refers to “closest” on lines 11, 14, 15, and 20. The use of the word, “closest” would require that there are, at least, three light emitting devices. Thus, claim 12 is indefinite and unclear as what “closest” would mean in embodiments having only two light emitting devices. The uses of the word, “closest” in dependent claims 15 and 16 are indefinite and unclear for substantially the same reasons. Substantially the same remarks apply to independent claim 19 and dependent claim 20.
Each of dependent claims 13-18 is unclear, at least, in that it depends from unclear, independent claim 12.
Dependent claim 20 is unclear, at least, in that it depends from unclear, independent claim 19.
Potentially-Allowable Subject Matter
Claims 12 and 19 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Regarding independent claim 12, the claimed features of the “controller configured to” (line 5) execute the actions/functions “calculate and orientation offset … device with the object” (lines 13-20) in combination are not disclosed in the prior art of record, nor would they have been obvious to one of ordinary skill-in-the-art.
As for independent claim 19, the claimed features of “calculating an orientation offset and a distance … aligns with the object” (lines 10-19) in combination are not disclosed in the prior art of record, nor would they have been obvious to one of ordinary skill-in-the-art.
Claims 13-18 and 20 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Allowable Claims
The text of independent claim 1 is as follows:
“1. An object locating system, comprising: a first wireless device associated with a light emitting device; a second wireless device associated with an object; a controller configured to: receive an object identifier; determine a position of the light emitting device based on a first signal associated with the first wireless device; determine a location of the object based on a second signal associated with the second wireless device; calculate an orientation offset and a distance to the object with respect to the position of the light emitting device; determine whether the second wireless device is visible to the light emitting device based on the second signal; determine a first angle and a second angle based on the orientation offset and the distance to the object; and control one or more alignment devices based on the first angle and the second angle to align the light emitting device with the object.” (Bold added).
With reference to independent claim 1, none of the prior art of record discloses in combination the claimed features in bold above, nor would this claimed combination of features have been obvious to one of ordinary skill-in-the-art.
Each of dependent claims 2-11 is allowable, at least, in that it depends from allowable, independent claim 1.
Prior Art of General Interest
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Each of Lohbihler et al (‘420); Troy et al (‘768); Parikh et al (‘619); Honore (‘617); Meftah (‘198); and, Apostolos et al (‘079) is of general interest as having been applied against the claims in the related application PCT/US2025/014536.
The Written Opinion in related application PCT/US2025/014536 is of general interest due to the similarity of the claims in that application.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BERNARR E GREGORY whose telephone number is (571)272-6972. The examiner can normally be reached on Mondays through Fridays from 7:30 am to 3:30 pm eastern time.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Vladimir Magloire, can be reached at telephone number 571-270-5144. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BERNARR E GREGORY/Primary Examiner, Art Unit 3648