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 .
DETAILED ACTION
Response to Arguments
Applicant has not responded to claim objections, therefore claim objections with respect to claims 7, 18 and 29 have been maintained.
Applicant's argument, filed 12/22/2025, regarding claim rejections under 35 U.S.C. 101 has been fully considered and is persuasive. Therefore claim rejections under 35 U.S.C. 101 have been withdrawn.
Applicant’s argument, filed 12/22/2025, regarding claim rejections under 35 U.S.C. 112(a) has been fully considered and is persuasive, therefore claim rejections under 35 U.S.C. 112(a) has been withdrawn.
Applicant argues, filed 12/22/2025, regarding independent claim 1, that Chen does not teach or suggest at least, an apparatus configured to transmit, via at least one transceiver to a target mobile device, a message indicating a location offset relative to a reference location of a first anchor wireless-signal transmitter and corresponding to a second anchor wireless-signal transmitter.
Examiner respectfully disagrees. Chen teaches a communication device 100/200 [interpreted as an apparatus] is configured to transmit the information of relative geographical location to a predetermined communication object [interpreted as a target mobile device] (Figure 2 and Paragraph 0030). The communication device 200 receives the information of the absolute geographical locations of the landmarks 1-4 which serve as the candidate reference geographical locations (Figure 3 and Paragraph 0037). The reference location determination module 201 can further adopt the absolute geographical locations of other entities as the reference geographical locations. These entities include for example the relay nodes, base stations of small cells, representative landmark buildings, or several landmarks distributed uniformly in the coverage range of the serving base station which are specified in advance (Paragraph 0035). Examiner asserts that these entities such as relay nodes, base stations of small cells disclosed in Paragraph 0035 are interpreted as a plurality of second anchor wireless-signal transmitter. In addition, Chen teaches in Paragraph 0039, the communication module 203 (of communication device 200) receives information of a geographical location of a relay node on a communication link between the communication device and the predetermined communication object, and the reference location determination module 201 is configured to determine the geographical location of the relay node as the reference geographical location. If the reference geographical location is the absolute geographical location of the relay node, the communication module 203 transmits the obtained relative geographical location to the predetermined communication object. Although it is shown here that one candidate reference geographical location is selected as the reference geographical location, multiple reference geographical locations can also be selected, and the relative location generation module 202 correspondingly determines multiple relative geographical locations. The communication module 203 can transmit information of the multiple relative geographical locations (including corresponding IDs) to the predetermined communication object, or can only transmit that of one relative geographical location after selecting (Paragraph 0038). Therefore, Chen teaches an apparatus configured to transmit, via at least one transceiver to a target mobile device, a message indicating a location offset relative to a reference location of a first anchor wireless-signal transmitter and corresponding to a second anchor wireless-signal transmitter, as disclosed in independent claim 1.
Applicant further argues, with respect to dependent claims 2-6, 8, 10 and 11 depend from claim 1, and are therefore patentable in view of Chen for at least the same reasons.
Examiner respectfully disagrees. Dependent claims 2-6, 8, 10 and 11 depend from claim 1, therefore is rejected for at least the same reason as discussed above regarding claim 1.
Applicant further argues, regarding independent claims 12, 23 and 30, that these claims recite features similar to features discussed above with respect to independent claim 1, and thus, at least for reasons similar to reasons discussed with respect to claim 1, claims 12, 23 and 30 are patentable in view of Chen.
Examiner respectfully disagrees. Claims 12, 23 and 30 recite similar features as claim 1, therefore are rejected for at least the same reason as discussed above regarding claim 1.
Applicant further argues dependent claims 13-17, 19, 21, 22 and 24-28 depend from claims 12 and 23, respective, and are patentable at least because they each depend from a patentable independent claim.
Examiner respectfully disagrees. Dependent claims 13-17, 19, 21, 22 and 24-28 depend from claims 12 and 23, respective, therefore is rejected for at least the same reason as discussed above regarding independent claim 1 (and similarly regarding independent claims 12 and 23).
Claim Objections
Claims 7, 18 and 29 are objected to because of the following informalities:
Claim 7 recites “proximate” on line 4. Examiner will interpret the limitation as less than a predetermined distance, or similar wording. Claims 18 and 29 are objected in similar fashion.
Appropriate correction is required.
Claim Interpretation
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.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that use the word “means”, and are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitations use a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structure modifier. Such claim limitation is “means for transmitting” in claims 23 and 29.
Because these claim limitations are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, they are being interpreted to cover the corresponding structure described in the specification as performing 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 for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitations:
“means for transmitting” – Figure 4, Paragraphs 0039 and 0040; transceiver 415 communicatively coupled to the processor 410 and memory 411, and may include a wireless transceiver 440 and/or a wired transceiver 450 configured to communicate with other devices through wireless connections and wired connections, respectively. Further in Figure 12 and Paragraph 0071; transmitting, to the target mobile device from an apparatus, a message.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claim 1-6, 8, 10-17, 19, 21-28 and 30 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chen et al. (US 20160242005 A1 and Chen hereinafter).
Regarding claim 1, Chen teaches an apparatus (Figure 3 and Paragraphs 0028 and 0037; communication device 200 such as mobile device) comprising:
at least one transceiver (Figure 1 and Paragraph 0044; one or more processors 101);
at least one memory (Paragraphs 0111 and 0112; a memory medium for carrying the program product in which machine-readable instruction codes are stored); and
at least one processor (Figure 1 and Paragraph 0044; one or more processors 101), communicatively coupled to the at least one transceiver and the at least one memory (Paragraphs 0110-0112; a memory medium for carrying the program product in which machine-readable instruction codes are stored, the instructions are read and executed by a machine), configured to
transmit, via the at least one transceiver (Figure 1 and Paragraph 0027; communication unit) to a target mobile device (Figure 3 and Paragraphs 0028 and 0037; communication device 200 such as mobile device. Figure 2 and Paragraph 0030; transmit the information of the relative geographical location to a predetermined communication object [interpreted as a target mobile device]), a message indicating a location offset relative to a reference location of a first anchor wireless-signal transmitter that corresponds to a first wireless-signal transmission (Figure 3 and Paragraphs 0037 and 0039; the communication device 200 [interpreted as an apparatus] receives the candidate reference geographical locations and corresponding identifiers from the central node A. A communication device 100/200 is further configured to transmit the information of relative geographical location to a predetermined communication object [interpreted as a target mobile device]), the location offset corresponding to a particular second anchor wireless-signal transmitter of a plurality of second anchor wireless-signal transmitters that correspond to a plurality of second wireless-signal transmissions (communication device 200 receives the information of the absolute geographical locations of the landmarks 1-4 which serve as the candidate reference geographical locations (Figure 3 and Paragraph 0037). The reference location determination module 201 can further adopt the absolute geographical locations of other entities as the reference geographical locations. These entities include for example the relay nodes, base stations of small cells, representative landmark buildings, or several landmarks distributed uniformly in the coverage range of the serving base station which are specified in advance (Paragraph 0035). Examiner asserts that these entities such as relay nodes, base stations of small cells disclosed in Paragraph 0035 are interpreted as a plurality of second anchor wireless-signal transmitter. In addition, Chen teaches in Paragraph 0039, the communication module 203 (of communication device 200) receives information of a geographical location of a relay node on a communication link between the communication device and the predetermined communication object, and the reference location determination module 201 is configured to determine the geographical location of the relay node as the reference geographical location. If the reference geographical location is the absolute geographical location of the relay node, the communication module 203 transmits the obtained relative geographical location to the predetermined communication object. Although it is shown here that one candidate reference geographical location is selected as the reference geographical location, multiple reference geographical locations can also be selected, and the relative location generation module 202 correspondingly determines multiple relative geographical locations. The communication module 203 can transmit information of the multiple relative geographical locations (including corresponding IDs) to the predetermined communication object, or can only transmit that of one relative geographical location after selecting (Paragraph 0038)).
Regarding claim 12, claim 12 recites similar features as claim 1, therefore is rejected for at least the same reason as discussed above regarding claim 1.
Regarding claim 23, claim 23 recites similar features as claim 1, therefore is rejected for at least the same reason as discussed above regarding claim 1.
Regarding claim 30, claim 30 recites similar features as claim 1, therefore is rejected for at least the same reason as discussed above regarding claim 1. Further, Chen teaches a non-transitory, processor-readable storage medium comprising processor-readable instructions to cause at least one processor of an apparatus (Paragraphs 0029 and 0110; a central processing unit (CPU). Paragraph 0112; a memory medium for carrying the program product in which machine-readable instruction codes are stored).
Regarding claims 2, 13 and 24, Chen teaches all of the limitations of claims 1, 12 and 23, as described above. Further, Chen teaches wherein the message indicates a plurality of location offsets relative to the reference location (Paragraphs 0035 and 0037; entities include for example the relay nodes, base stations of small cells, representative landmark buildings, or several landmarks distributed uniformly in the coverage range of the serving base station which are specified in advance), and wherein each of the plurality of location offsets corresponds to a respective second anchor wireless-signal transmitter of the plurality of second anchor wireless-signal transmitters (Paragraphs 0053 and 0054; quantizing separately can also be used. That is, three quantization tables are established respectively for the longitude, the latitude and the altitude, and the communication device uses these three quantization tables to quantize its relative geographical location. Since the landmarks are distributed uniformly, a uniform geographical location information quantization table can be used to perform quantization).
Regarding claims 3, 14 and 25, Chen teaches all of the limitations of claims 2, 13 and 24, as described above. Further, Chen teaches wherein the message indicates the reference location (Figure 3 and Paragraphs 0037 and 0039; the communication device 200 receives the candidate reference geographical locations and corresponding identifiers from the central node A. Paragraphs 0035, 0037 and 0039; sending, by the predetermined communication object [base station], the relative location of the relay node [Examiner asserts the relay node may be interpreted as second anchor wireless signal transmitter], the relative location being relative to the location of the predetermined communication object [Examiner asserts the predetermined communication object may be interpreted as first anchor wireless-signal transmitter]).
Regarding claims 4, 15 and 26, Chen teaches all of the limitations of claims 3, 14 and 25, as described above. Further, Chen teaches wherein the apparatus comprises the first anchor wireless-signal transmitter (Figure 3 and Paragraphs 0035, 0037 and 0039; sending, by the predetermined communication object [base station], the relative location of the relay node [Examiner asserts the relay node may be interpreted as second anchor wireless signal transmitter], the relative location being relative to the location of the predetermined communication object [Examiner asserts the predetermined communication object may be interpreted as first anchor wireless-signal transmitter]), and the message comprises a beacon signal (Figure 3 and Paragraphs 0037 and 0039; the communication device 200 receives the candidate reference geographical locations and corresponding identifiers from the central node A. Examiner asserts that when a message comprises location information, the message may be interpreted as a beacon signal).
Regarding claims 5, 16 and 27, Chen teaches all of the limitations of claims 2, 13 and 24, as described above. Further, Chen teaches wherein the plurality of location offsets comprise a linear progression of distances (Figure 8 and Paragraphs 0058 and 0059; the base stations of the small cells serve as the candidate reference geographical locations. Wherein, the macro base station knows the deploying positions of the small base stations in advance, and can notify the communication device 300 of the coordinates and physical cell identity (PCI) of each small base station (or selecting a part of base stations which are distributed uniformly) within the macro cell when the communication device 300 accesses in the network) corresponding to a plurality of time durations (Paragraph 0034; the information of the geographical location herein can be information of the absolute geographical location, or can be information of the relative geographical location such as the information of the relative location representing the deviation of the predetermined communication object with respect to the position where it is located at a preceding time point).
Regarding claims 6, 17 and 28, Chen teaches all of the limitations of claims 2, 13 and 24, as described above. Further, Chen teaches wherein the message is associated with the target mobile device (Figure 3 and Paragraphs 0037 and 0039; the communication device 200 receives the candidate reference geographical locations and corresponding identifiers from the central node A), and wherein every one of the plurality of location offsets in the message corresponds to a second location, of a corresponding one of the plurality of second anchor wireless-signal transmitters (Figure 3 and Paragraphs 0035, 0037 and 0039; sending, by the predetermined communication object [base station], the relative location of the relay node [Examiner asserts the relay node may be interpreted as second anchor wireless signal transmitter], the relative location being relative to the location of the predetermined communication object [Examiner asserts the predetermined communication object may be interpreted as first anchor wireless-signal transmitter]. Figure 8 and Paragraphs 0058 and 0059; the base stations of the small cells serve as the candidate reference geographical locations. Wherein, the macro base station knows the deploying positions of the small base stations in advance, and can notify the communication device 300 of the coordinates and physical cell identity (PCI) of each small base station (or selecting a part of base stations which are distributed uniformly) within the macro cell when the communication device 300 accesses in the network. Examiner asserts the small base stations 1-3 may be interpreted as a plurality of second wireless-signal transmitters), that is within a threshold distance of a coarse location of the target mobile device (Figure 8 and Paragraph 0058; small base stations 1-3 are within distance of a coarse location of the communication device 300).
Regarding claims 8 and 19, Chen teaches all of the limitations of claims 2 and 13, as described above. Further, Chen teaches wherein the message includes at least one offset correction corresponding to at least one of the plurality of second anchor wireless-signal transmitters (Figure 3 and Paragraphs 0035, 0037 and 0039; sending, by the predetermined communication object [base station], the relative location of the relay node [Examiner asserts the relay node may be interpreted as second anchor wireless signal transmitter], the relative location being relative to the location of the predetermined communication object [Examiner asserts the predetermined communication object may be interpreted as first anchor wireless-signal transmitter]. Figure 8 and Paragraphs 0058 and 0059; the base stations of the small cells serve as the candidate reference geographical locations. Wherein, the macro base station knows the deploying positions of the small base stations in advance, and can notify the communication device 300 of the coordinates and physical cell identity (PCI) of each small base station (or selecting a part of base stations which are distributed uniformly) within the macro cell when the communication device 300 accesses in the network. Examiner asserts the small base stations 1-3 may be interpreted as a plurality of second wireless-signal transmitters).
Regarding claims 10 and 21, Chen teaches all of the limitations of claims 1 and 12, as described above. Further, Chen teaches wherein the apparatus comprises the particular second anchor wireless-signal transmitter, and the message comprises a beacon signal (Figure 8 and Paragraph 0058; the base stations of the small cells serve as the candidate reference geographical locations. Wherein, the macro base station knows the deploying positions of the small base stations in advance, and can notify the communication device 300 of the coordinates and physical cell identity (PCI) of each small base station (or selecting a part of base stations which are distributed uniformly) within the macro cell when the communication device 300 accesses in the network. When the communication device enters into the coverage range of a small base station, it can listen to the broadcast information of the small base station, which includes PCI of the small cell. Examiner asserts that when message comprises location information, the message may be considered as beacon signal).
Regarding claims 11 and 22, Chen teaches all of the limitations of claims 1 and 12, as described above. Further, Chen teaches wherein the message further indicates a time, a frequency, or a combination thereof, for each of the plurality of second wireless-signal transmissions (Paragraph 0066; the communication device 500 acquires, at different time instants, information of the absolute geographical location of the communication object at respective time instants respectively, and the current location acquiring module 502 is further configured to determine the absolute geographical location of the communication object at a first time instant as the reference geographical location of the current time instant, and acquire a current absolute geographical location or a current relative geographical location of the communication object based on the information of the first relative geographical location and the information of the reference geographical location at current time instant).
Pertinent References
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Mukai et al. (US 20100167758 A1) discloses radio terminal includes a terminal reception portion which receives the reference signal, and a terminal transmission portion which returns the received reference signal. A reference signal transmitted by a first base station of the base stations is received and returned by the reference signal return portion in a second base station, the returned reference signal is received by the reception portion in the first base station, and the positioning portion in the first base station measures a position relative to the second base station based on the received reference signal.
Allowable Subject Matter
Claims 7, 9, 18, 20 and 29 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is an examiner’s statement of reasons for allowance:
Applicant's invention is drawn to positioning a target mobile device based on received reference location and location offset relative to the reference location.
The prior arts, Chen, Mukai, and a thorough search discloses various aspects and features of applicant's claimed invention but fail to explicitly or implicitly teach or disclose
wherein the apparatus comprises the first anchor wireless-signal transmitter, and wherein the first anchor wireless-signal transmitter is configured to transmit a first beacon signal more frequently than another anchor wireless-signal transmitter that is proximate to at least one of, but not included in, the plurality of second anchor wireless-signal transmitters transmits a second beacon signal, as recited in claims 7, 18 and 29, and in combination of remaining functions; and
wherein the message includes a bitmap indicating for which of the plurality of second anchor wireless-signal transmitters the message includes a respective offset correction, as recited in claims 9 and 20, and in combination of remaining functions.
These functions, in combination of remaining functions are neither taught nor disclosed by the prior art. Accordingly, claims 7, 9, 18, 20 and 29 would be allowed if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jing Gao whose telephone number is (571)270-7226. The examiner can normally be reached on 9am - 6pm M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor Alison Slater can be reached on (571) 270-0375. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Jing Gao/
Primary Examiner, Art Unit 2647