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 .
Claim Objections
Claim objections with respect to claims 8 and 13 are withdrawn in view of current amendment.
Claim Rejections - 35 USC § 112
35 USC § 112 rejection with respect to claim 14 withdrawn in view of current amendment.
Response to Arguments
Applicant's arguments filed 02/09/2026 have been fully considered but they are not persuasive.
Applicant argues that Locke does not disclose each beacon or proximity system analysis the received electromagnetic signals to compute a distance estimation. Remarks, page 9.
The Examiner respectfully disagrees and point out that the “each beacon or proximity system analysis the received electromagnetic signals to compute a distance estimation” is not recited in the claim.
Applicant argues that Locke does not disclose “determining position based on distance estimation computations computed by RF nodes based on electromagnetic signals.” Remarks, page 11.
The Examiner respectfully disagrees and point out that Locke discloses wherein the each of the two or more RF nodes computes a distance estimation computation based on the received electromagnetic signals (Examiner notes that “Short Range Communication (“SRC”) technology and/or mobile communication technology” both use radio frequency (RF) communication, which is a form of electromagnetic signal. Thus, “receiving electromagnetic signals” as recited in the claim; also, [0065] “The SIS performs operations in step 714 to track the person's location and/or path of travel through the RSF. The tracking is achieved using the two unique identifiers and/or the captured image.”) with respect to the mobile device and associates the distance estimation computation with the identifier ([0063] “In a next step 614 (Fig. 6), operations are performed at the SIS to determine whether or not the person is a preferred customer. This determination is made using the two unique identifiers and/or the captured image.” ).
Applicant further argues that Bhattacharya does not cure the deficiencies above with respect to Robinson in view of Bunker and Atchley.
Examiner respectfully disagrees and notes that none of those references have been used on the office action. Furthermore, applicant mentions claim 18 on the same remarks, page 11, last three paragraphs. Examiner notes that claim 18 is not recited in current application. Only claims 3 through 17.
In addition, Applicant has not argued any narrower interpretation of the claim language, nor amended the claims significantly enough to cite a narrower meaning to the limitations. As the claims area allows multiple interpretations and meanings, which are broader than Applicant's disclosure, the Examiner is urged to interpret the claim limitations as broadly as reasonable in determining patentability of the disclosed invention.
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 3, 4, and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Locke et al (US 20160093184).
1. (Canceled)
2. (Canceled)
Regarding claim 3, Locke discloses a system for determining a location of a mobile device, comprising:
two or more radio frequency (RF) nodes (Fig. 1, e.g., 106, 116, 134, proximity systems (e.g., nodes) and [0029], “the second proximity system 116 may be disposed on at least one pedestal located at an exit/entry point of the RSF 160 …”), each of the two or more RF nodes having at least one antenna for receiving electromagnetic signals from a mobile device ([0062] “… Step 604 involves detecting when a person is in proximity of a proximity system (e.g., proximity system 106, 116 or 134 of FIG. 1) disposed at an entrance of an RSF, e.g., RSF 160 of FIG. 1 … ” and [0027] recites “… The wireless communication technology can include, but is not limited to, Short Range Communication (“SRC”) technology and/or mobile communication technology … .” Examiner notes that “Short Range Communication (“SRC”) technology and/or mobile communication technology” both use radio frequency (RF) communication, which is a form of electromagnetic signal. Thus, “receiving electromagnetic signals” as recited in the claim), the electromagnetic signals including an identifier ([0063] “In a next step 614, operations are performed at the SIS to determine whether or not the person is a preferred customer. This determination is made using the two unique identifiers and/or the captured image.”), wherein the each of the two or more RF nodes computes a distance estimation computation based on the received electromagnetic signals (Examiner notes that “Short Range Communication (“SRC”) technology and/or mobile communication technology” both use radio frequency (RF) communication, which is a form of electromagnetic signal. Thus, “receiving electromagnetic signals” as recited in the claim; also, [0065] “The SIS performs operations in step 714 to track the person's location and/or path of travel through the RSF. The tracking is achieved using the two unique identifiers and/or the captured image.”) with respect to the mobile device and associates the distance estimation computation with the identifier ([0063] “In a next step 614 (Fig. 6), operations are performed at the SIS to determine whether or not the person is a preferred customer. This determination is made using the two unique identifiers and/or the captured image.” ); and
a controller in communication with the two or more RF nodes that determines an identity and a position of the mobile device based on the identifier and the distance estimation computations computed by the two or more RF nodes ([0065] “The SIS performs operations in step 714 to track the person's location (i.e., “position”) and/or path of travel through the RSF. The tracking is achieved using the two unique identifiers and/or the captured image. Next in step 716, a map is generated showing the person's location and/or path of travel through the RSF”).
Regarding claim 4, Locke discloses the system of claim 3, further comprising a camera that captures an image of a user of the mobile device ([0030] Each proximity system 106, 116, 134 comprises a beacon 138 and/or a camera 136), wherein the controller processes the image with the identifier and the distance estimation computations to determine the position ([0065] states that “The SIS performs operations in step 714 to track the person's location and/or path of travel through the RSF. The tracking is achieved using the two unique identifiers and/or the captured image.”) of the mobile device with respect to each of the two or more RF nodes ([0065] “The SIS … to track the person's location and … or path of travel.” Thus, position is determined).
Claim 12 contains subject matter similar to claim 3, and thus, is rejected under similar rationale. (Locke, [0003] “The present invention concerns implementing systems and methods for providing store intelligence. ”).
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 5, 8 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Locke et al (US 20160093184) in view of Kim et al (US 20090291693).
Regarding claim 5, in the obvious combination, Locke discloses the system of claim 3, wherein the distance estimation computation computed by the each of the two or more RF nodes with beacon identifiers
Locke, however, does not expressly disclose distance estimation with a time of arrival computation.
In similar endeavor of estimating position of a mobile terminal, Kim discloses distance estimation with a time of arrival computation (Fig. 1 shows a position estimating system 300 to estimate position of a mobile terminal 200 using a plurality of TOAs (Time of Arrivals) of base stations (101 and 104), thus, [0025]; and [0026] states that “… the position estimating system 300 determines one among the plurality of base stations (101 to 104) as a reference station 101 … and estimates a position coordinate of the mobile terminal 200 based on difference values between a value that is obtained by squaring the TOA …”).
Therefore, it would have been obvious to one of ordinary skilled in the art before the effective filing date of the claimed invention to use a time of arrival computation for the mobile terminal to the base stations to calculate the position of the mobile device in the system of Locke as an alternative way of providing the locations of mobile terminals, as taught by Kim et al.
Regarding claim 8, Locke in view of Kim discloses a system for determining a location of a mobile device, comprising:
two or more radio frequency (RF) nodes (Fig. 1, e.g., 106, 116, 134, proximity systems (e.g., nodes) and [0029], “the second proximity system 116 may be disposed on at least one pedestal located at an exit/entry point of the RSF 160 …”), each of the two or more RF nodes having at least one antenna for receiving electromagnetic signals from a mobile device ([0062] “… Step 604 involves detecting when a person is in proximity of a proximity system (e.g., proximity system 106, 116 or 134 of FIG. 1) disposed at an entrance of an RSF, e.g., RSF 160 of FIG. 1 … ” and [0027] recites “… The wireless communication technology can include, but is not limited to, Short Range Communication (“SRC”) technology and/or mobile communication technology … .” Examiner notes that “Short Range Communication (“SRC”) technology and/or mobile communication technology” both use radio frequency (RF) communication, which is a form of electromagnetic signal. Thus, “receiving electromagnetic signals” as recited in the claim), the electromagnetic signals including an identifier ([0063] “In a next step 614, operations are performed at the SIS to determine whether or not the person is a preferred customer. This determination is made using the two unique identifiers and/or the captured image.”), wherein the each of the two or more RF nodes computes (a distance estimation) [a time of arrival]
The claimed invention is different in that the controller in communication with the two or more RF nodes that determines an identity and a position of the mobile device based on the identifier and the time of arrival computations computed by the two or more RF nodes, whereas prior art uses signals from beacons to find distance.
In similar endeavor of estimating position of a mobile terminal, Kim discloses distance estimation with a time of arrival computation (Fig. 1 shows a position estimating system 300 to estimate position of a mobile terminal 200 using a plurality of TOAs (Time of Arrivals) of base stations (101 and 104), thus, [0025]; and [0026] states that “… the position estimating system 300 determines one among the plurality of base stations (101 to 104) as a reference station 101 … and estimates a position coordinate of the mobile terminal 200 based on difference values between a value that is obtained by squaring the TOA …”).
Therefore, it would have been obvious to one of ordinary skilled in the art before the effective filing date of the claimed invention to use a time of arrival computation for the mobile terminal to the base stations to calculate the position of the mobile device in the system of Locke as an alternative way of providing the locations of mobile terminals, as taught by Kim et al.
Regarding claim 9, in the obvious combination, Locke discloses the system of claim 8, further comprising a camera that captures an image of a user of the mobile device ([0030] Each proximity system 106, 116, 134 comprises a beacon 138 and/or a camera 136), wherein the controller processes the image with the identifier and [the time of arrival computations] the distance estimation computations to determine the position ([0065] states that “The SIS performs operations in step 714 to track the person's location and/or path of travel through the RSF. The tracking is achieved using the two unique identifiers and/or the captured image.”) of the mobile device with respect to each of the two or more RF nodes ([0065] “The SIS … to track the person's location and … or path of travel.” Thus, position is determined).
Locke, however, does not expressly disclose determining the position of the mobile device using the time of arrival computations.
In similar endeavor of estimating position of a mobile terminal, Kim discloses distance estimation with a time of arrival computation (Fig. 1 shows a position estimating system 300 to estimate position of a mobile terminal 200 using a plurality of TOAs (Time of Arrivals) of base stations (101 and 104), thus, [0025]; and [0026] states that “… the position estimating system 300 determines one among the plurality of base stations (101 to 104) as a reference station 101 … and estimates a position coordinate of the mobile terminal 200 based on difference values between a value that is obtained by squaring the TOA …”).
Therefore, it would have been obvious to one of ordinary skilled in the art before the effective filing date of the claimed invention to use a time of arrival computation for the mobile terminal to the base stations to calculate the position of the mobile device in the system of Locke as an alternative way of providing the locations of mobile terminals, as taught by Kim et al.
Claims 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Locke et al (US 20160093184) in view of DiMartino et al (US 7843327).
Regarding claim 13, Locke discloses a system for determining a location of a mobile device, comprising:
a plurality of radio frequency (RF) nodes (Fig. 1, e.g., 106, 116, 134, proximity systems (e.g., nodes) and [0029], “the second proximity system 116 may be disposed on at least one pedestal located at an exit/entry point of the RSF 160 …”), each having an antenna capable of receiving a radio signal from an RF device ([0062] “… Step 604 involves detecting when a person is in proximity of a proximity system (e.g., proximity system 106, 116 or 134 of FIG. 1) disposed at an entrance of an RSF, e.g., RSF 160 of FIG. 1 … ” and [0027] recites “… The wireless communication technology can include, but is not limited to, Short Range Communication (“SRC”) technology and/or mobile communication technology … .” Examiner notes that “Short Range Communication (“SRC”) technology and/or mobile communication technology” both use radio frequency (RF) communication, which is a form of electromagnetic signal, e.g., “radio signal.” Thus, “receiving radio signal” as recited in the claim), wherein at least one of the RF nodes receives ([0031] “… When the person 108 moves into proximity of the beacon 138, the beacon communicates its unique identifier to the MCD 110 via an SRC communication … The MCD 110 sends the unique identifier of the beacon 138 and its own unique identifier (e.g., MAC address) to the SIS 140.”) and processes the radio signal ([0063] “In a next step 614, operations are performed at the SIS to determine whether or not the person is a preferred customer. This determination is made using the two unique identifiers and/or the captured image.” Examiner notes that the operations being performed at the SIS to determine whether or not the person is a preferred customer with determination made using the two unique identifiers may be considered processing the radio signal, as recited in the claim), [in response to determining that a signal strength of the radio signal satisfies a threshold], wherein the radio signal includes an identifier of a user of the RF device ([0063] “In a next step 614, operations are performed at the SIS to determine whether or not the person is a preferred customer (e.g., “user”). This determination is made using the two unique identifiers and/or the captured image.”) ; and
a controller in communication with the RF node that estimates a distance of the RF device from the RF node based on the radio signal and using the estimated distance and the identifier to determine an identity of the user ([0065] “The SIS performs operations in step 714 to track the person's location (i.e., “position”) and/or path of travel (e.g., distance) through the RSF. The tracking is achieved using the two unique identifiers and/or the captured image. Next in step 716, a map is generated showing the person's location and/or path of travel through the RSF”).
Locke does not expressly disclose processing the radio signal in response to determining that a signal strength of the radio signal satisfies a threshold.
However, in similar endeavor of determining distance from a transmitter based on measures of signal strengths responding signal strength satisfying a threshold, DiMartino discloses a system determining a second received signal strength of the second radio signal, comparing the second received signal strength to the first received signal strength, and alerting when a result of the comparing exceeds a threshold, DiMartino col. 1, ll. 47-52; and, “having a processor to determine a first signal characteristic of the received radio signal, to determine a second signal characteristic of the received radio signal, to determine a parameter based on a comparison of the second signal characteristic to the first signal characteristic, to determine when the parameter exceeds a range threshold, and having an output device to alert when the parameter exceeds the range threshold,” DiMartino, col. 17, claim 7.
Therefore, it would have been obvious to one of ordinary skilled in the art before the effective filing date of the claimed invention to modify the mechanism of Locke with the mechanisms of DiMartino to include the monitoring of signal strengths from devices and comparing, for instance, a second received signal strength to the first received signal strength and alerting when a result of the comparing exceeds a threshold as taught by DiMartino by which the portable device is electronically monitored with respect to monitoring stations (e.g., nodes) more efficiently and accurately.
Regarding claim 14, in the obvious combination, Locke discloses the system of claim 13, further comprising a camera, wherein the controller being further configured to detect a plurality of RF devices in an image obtained by the controller from the camera ([0030] Each proximity system 106, 116, 134 comprises a beacon 138 and/or a camera 136; also, [0030] states that “The camera 136 is used to obtain time stamped images of people entering, present within, and/or exiting the RSF 160.” ), and to assign the identity of the RF devices detected in the image ([0063] “In a next step 614, operations are performed at the SIS to determine whether or not the person is a preferred customer. This determination is made using the two unique identifiers and/or the captured image.”), thereby identifying each individual RF device located optically as the RF device moves throughout the building [e.g., “Retail Store Facility 160,” Fig. 1], ([0030] “The camera 136 is used to obtain time stamped images of people entering, present within, and/or exiting the RSF 160. The present invention is not limited to cameras as devices for obtaining information relating to characteristics (e.g., facial images) of people. Any other biometric device could also be employed which facilitate identification of a person.” [0065] “The tracking is achieved using the two unique identifiers and/or the captured image. Next in step 716, a map is generated showing the person's location and/or path of travel through the RSF. The map is used to improve the overall safety of the RSF, as shown by step 718.”).
Regarding claim 15, in the obvious combination, Locke discloses the system of claim 14, wherein the controller processes the image with the identifier and the estimated distance to determine the position of the RF device with respect to each of the plurality of RF nodes ([0065] states that “The SIS performs operations in step 714 to track the person's location and/or path of travel through the RSF. The tracking is achieved using the two unique identifiers and/or the captured image.”) of the mobile device with respect to each of the two or more RF nodes ([0065] “The SIS … to track the person's location and … or path of travel.” Thus, position is determined).
Allowable Subject Matter
Claims 6, 7, 10, 11, 16 and 17 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 a statement of reasons for the indication of allowable subject matter:
Claims 6, 7, 10, 11, 16 and 17 would be allowable because the closest prior art Locke al (US 20160093184), in view of Kim et al (US 20090291693), or in view of DiMartino et al (US 7843327), either alone or in combination, fail to anticipate or render obvious a method or system for computing a location for the mobile device based on the time of arrival of an electromagnetic signal received by each node of the two or more RF nodes arrange the mobile device in an order based on the computed location of the transmitting device; arrange one or more objects and/or people captured in the image into a depth order based on relative positions of the one or more objects and/or people detected in the captured image; and compare the depth order of objects and/or people detected in the image with the order of the mobile device when assigning the identity of the mobile device to one person detected in the captured image (claim 6); wherein the controller is further configured to: assign identification information of the electromagnetic signals and associated with a person to s human detected in an image captured by the camera; compute a location of the person in a building based on the electromagnetic signals transmitted by the mobile device carried by the person; enhance the computed location of the person in the building based on inertial data included in the electromagnetic signals transmitted by the mobile device carried by the person; determine a current position of the person in the building based on the image captured of the human; and track the person through the building by supplementing the current position of the person in the building that is determined based on the image captured of the human with the computed location of the person in the building that is enhanced by the inertial data included in the electromagnetic signals transmitted by the mobile device carried by the person (claim 7); wherein the controller is further configured to: compute a location for the mobile device based on the time of arrival of an electromagnetic signal received by each node of the two or more RF nodes; arrange the mobile device in an order based on the computed location of the transmitting device; arrange one or more objects and/or people captured in the image into a depth order based on relative positions of the one or more objects and/or people detected in the captured image; and compare the depth order of objects and/or people detected in the image with the order of the mobile device when assigning the identity of the mobile device to one person detected in the captured image (claim 10); wherein the controller is further configured to: assign identification information of the electromagnetic signals and associated with a person to s human detected in an image captured by the camera; compute a location of the person in a building based on the electromagnetic signals transmitted by the mobile device carried by the person; enhance the computed location of the person in the building based on inertial data included in the electromagnetic signals transmitted by the mobile device carried by the person; determine a current position of the person in the building based on the image captured of the human; and track the person through the building by supplementing the current position of the person in the building that is determined based on the image captured of the human with the computed location of the person in the building that is enhanced by the inertial data included in the electromagnetic signals transmitted by the mobile device carried by the person (claim 11); wherein the controller is further configured to: compute a location for the RF device based on a receipt of an electromagnetic signal received by each node of the two or more RF nodes; arrange the RF device in an order based on the computed location of the RF device; arrange one or more objects and/or people captured in the image into a depth order based on relative positions of the one or more objects and/or people detected in the captured image; and compare the depth order of objects and/or people detected in the image with the order of the mobile device when assigning the identity of the mobile device to one person detected in the captured image (claim 16); and wherein the controller is further configured to: assign identification information of the electromagnetic signals and associated with the RF device detected in an image captured by the camera; compute a location of the RF device in a building based on the electromagnetic signals transmitted by the RF device; enhance the computed location of the RF device in the building based on inertial data included in the electromagnetic signals transmitted by the RF device; determine a current position of the RF device in the building based on the image captured of the RF device; and track the RF device through the building by supplementing the current position of the RF device in the building that is determined based on the image captured of the human with the computed location of the RF device in the building that is enhanced by the inertial data included in the electromagnetic signals transmitted by the RF device (claim 17), as defined in the specification, in combination with all other limitations in the claim(s) as defined by applicant.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 10341853 to Edge: To facilitate or support one or more operations or techniques for enabling control of privacy for crowdsourcing, such as for use in or with a mobile communication device within an indoor or like environment.
US 10009733 to Babu et al: The method includes extracting signal characteristics of the mobile device corresponding to the identity information. Further, the method includes determining the position of the mobile device based on the signal characteristics of the mobile device. The position of the mobile device is determined based on the signal characteristics of the mobile device received from a plurality of access points along with the information of the plurality of access points such as location information and identity information of the access points.
US 20150222372 to Le Grand et al: Methods and systems for determining signal strength maps for wireless access points robust to measurement counts. An example method comprises receiving data related to RSSI for a wireless AP for a plurality of locations of an area, and determining an intermediary signal strength map for the wireless AP based on the received data related to the RSSI for the wireless AP.
US 20140066103 to Das et al: A method may comprise obtaining at a mobile device one or more signals comprising information indicative of a location thereof. The information may be transmitted to one or more servers. A location context identifier (LCI) may be received responsive to the transmitting, with the LCI corresponding to a localized environment at which the mobile device is located.
US 20130191193 to Calman et al: Include systems, methods, apparatuses, and computer-program products that provide shopping plan optimization. In one embodiment of the invention, information associated with a shopping plan is retrieved by the system; the shopping plan may include a grocery or other shopping list.
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 JULIO R PEREZ whose telephone number is (571)272-7846. The examiner can normally be reached 10Am - 6PM EST M-F.
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/JULIO R PEREZ/Primary Examiner, Art Unit 2644
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