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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-2, 11, 14, 16, and 19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 11-13 of U.S. Patent No. 11,159,932. Although the claims at issue are not identical, they are not patentably distinct from each other because even though they are not word for word with each they both teach the same inventive concept.
Regarding claim 1, U.S. Patent No. 11,159,932 teaches an electronic device, comprising wireless communications circuitry configured to receive radio frequency signals from an external electronic device; control circuitry configured to determine an angle of arrival of the radio frequency signals; and a display configured to display an option to share an item with the external electronic device, wherein a position of the option on the display is based on the angle of arrival of the radio frequency signals (Claim 11).
Regarding claim 2, U.S. Patent No. 11,159,932 teaches wherein the radio frequency signals comprise ultra-wideband radio frequency signals (Claim 11).
Regarding claim 11, U.S. Patent No. 11,159,932 teaches an electronic device, comprising wireless communications circuitry configured to receive first radio frequency signals from a first external electronic device and second radio frequency signals from a second external electronic device; control circuitry configured to determine a first angle of arrival of the first radio frequency signals and a second angle of arrival of the second radio frequency signals; and a display configured to display a first option to share an item with the first external electronic device and a second option to share an item with the second external electronic device, wherein the positions of the first and second options relative to one another are based on the first angle of arrival and the second angle of arrival (Claim 11).
Regarding claim 14, U.S. Patent No. 11,159,932 teaches wherein the radio frequency signals comprise ultra-wideband radio frequency signals (Claim 11).
Regarding claim 16, U.S. Patent No. 11,159,932 teaches an electronic device, comprising wireless communications circuitry configured to receive radio frequency signals from an external electronic device; control circuitry configured to determine an angle of arrival of the radio frequency signals; and a display configured to display an option to share an item with the external electronic device when the angle of arrival is less than a threshold; and remove the option to share the item with the external electronic device when the angle of arrival is greater than the threshold (Claims 11-13).
Regarding claim 19, U.S. Patent No. 11,159,932 teaches wherein the wireless communications circuitry comprises ultra-wideband radio frequency transceiver circuitry (Claim 11).
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.
Claims 1, 3, 5-8 are rejected under 35 U.S.C. 103 as being unpatentable over Pasquero (US Pat Pub# 2013/0111370, as cited by applicant) in view of Kwon et al. (US Pat Pub# 2016/0381534).
Regarding claim 1, Pasquero teaches an electronic device (Figs. 1-3), comprising wireless communications circuitry configured to receive radio frequency signals from an external electronic device (Sections 0053-0055, 0096, and 0125, Bluetooth connection etc.); control circuitry configured to determine an angle (Sections 0053-0055, 0096, and 0169, determining angle of the devices respect to each other etc.); and a display configured to display an item with the external electronic device, wherein a position of the option on the display is based on the angle (Sections 0025-0026, 0053-0055, 0065-0066, 0125, and 0169, once the angle is within a threshold able to share data etc. on the display etc.). Pasquero fails to specifically teach an angle of arrival and an option to share.
Kwon teaches control circuitry configured to determine an angle of arrival of the radio frequency signals (Section 0181, angle of arrival) and a display configured to display an option to share an item with an external electronic device (Fig. 17 and Sections 0265-0266, menu option for sharing a photo item with another device etc.).
Therefore, it would have been obvious at the time of the invention to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate an angle of arrival and an option to share as taught by Kwon into Pasquero’s device in order to improve position detection and provide users with more options.
Regarding claim 3, the combination including Pasquero teaches wherein the electronic device has a pointing direction and wherein the control circuitry is configured to determine whether the pointing direction aligns with the external electronic device based on the angle (Sections 0025-0026, 0053-0055, 0065-0066, 0125, and 0169, once the angle is within a threshold able to share data etc. on the display etc.).
Regarding claim 5, the combination including Pasquero teaches wherein the wireless communications circuitry is configured to receive additional radio frequency signals from additional external electronic devices, and wherein the control circuitry is configured to determine which of the external electronic device and the additional external electronic devices is more closely aligned with the pointing direction (Sections 0025-0026, 0036, 0053-0055, 0065-0066, 0125, and 0169, different radio configurations to once the angle is within a threshold able to share data etc. on the display etc.).
Regarding claim 6, the combination including Pasquero teaches wherein the display is configured to display additional options to share the item with the additional external electronic devices, and wherein the option and the additional options are positioned on the display based on which of the external electronic device and the additional external electronic devices is more closely aligned with the pointing direction (Sections 0004-0005, 0025-0026, 0036, 0053-0055, 0065-0066, 0125, and 0169, additional peripherals/devices once the angle is within a threshold able to share data etc. on the display etc.).
Regarding claim 7, the combination including Pasquero teaches wherein the display is configured to adjust the position of the option to share on the display in response to changes in the angle (Sections 0025-0026, 0053-0055, 0065-0066, 0125, and 0169, once the angle is within a threshold able to share data etc. on the display etc.).
Regarding claim 8, the combination including Pasquero teaches wherein the control circuitry is configured to determine a distance to the external electronic device based on the radio frequency signals (Sections 0025-0026, 0036, 0053-0055, 0065-0066, 0114, 0125, 0169, 0230, and 0245-0248, determining distance etc.).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Pasquero (US Pat Pub# 2013/0111370, as cited by applicant) in view of Kwon et al. (US Pat Pub# 2016/0381534) and further in view of Bozarth (US Pat# 9,232,353, as cited by applicant).
Regarding claim 2, Pasquero in view of Kwon teaches the limitations in claim 1. Pasquero and Kwon fail to teach an ultra-wideband radio frequency.
Bozarth teaches wherein the radio frequency signals comprise ultra-wideband radio frequency signals (Col. 3 lines 51-67 and Col. 4 lines 34-4, ultra-wideband).
Therefore, it would have been obvious at the time of the invention to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate an ultra-wideband radio frequency as taught by Bozarth into an angle of arrival and an option to share as taught by Kwon into Pasquero’s device in order to improve communication efficiency.
Claims 11-13 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Pasquero (US Pat Pub# 2013/0111370, as cited by applicant) in view of McLaughlin et al. (US Pat# 10,305,540) and further in view of Kwon et al. (US Pat Pub# 2016/0381534).
Regarding claim 11, Pasquero teaches an electronic device, comprising wireless communications circuitry configured to receive first radio frequency signals from a first external electronic device and second radio frequency signals from a second external electronic device (Sections 0004-0005, 0025-0026, 0036, 0053-0055, 0065-0066, 0125, and 0169, additional devices/peripherals to which receive signals from etc.); control circuitry configured to determine a first angle of the first radio frequency signals and a second angle of the second radio frequency signals (Sections 0004-0005, 0025-0026, 0036, 0043-0055, 0063-0067, 0096, 0125, 0169, and 0213, additional devices/peripherals to receive additional signals to determine the angle etc.) ; and a display configured to display to share an item with the first external electronic device and a second to share an item with the second external electronic device, wherein the positions of the first and second options relative to one another are based on the first angle and the second angle (Sections 0004-0005, 0025-0026, 0036, 0043-0055, 0063-0067, 0096, 0125, 0169, and 0213, determining different angles from different devices to set up communication and sharing etc.). Pasquero fails to teach specifically first and second angles of arrival.
McLaughlin teaches control circuitry configured to determine a first angle of arrival of the first radio frequency signals and a second angle of arrival of the second radio frequency signals (Col. 4 line 51-Col. 5 line 6 and Claim 1, determining first and second angle of arrivals from first and second RF signals etc.).
Therefore, it would have been obvious at the time of the invention to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate first and second angles of arrival as taught by McLaughlin into Pasquero’s device in order to increase functionality with multiple devices.
Pasquero and McLaughlin fail to teach an option to share.
Kwon teaches a display configured to display a first option to share an item with the first external electronic device and a second option to share an item with the second external electronic device (Fig. 17 and Sections 0265-0266, menu option for sharing a photo item with another device or more etc.).
Therefore, it would have been obvious at the time of the invention to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate an option to share as taught by Kwon into first and second angles of arrival as taught by McLaughlin into Pasquero’s device in order to improve options and functionality for the user.
Regarding claim 12, Pasquero further teaches wherein the display comprises a touch-sensitive display and wherein the control circuitry is configured to share the item with the first external electronic device in response to touch input on the first option (Sections 0003, 0037, and 0106, touch screen display).
Regarding claim 13, Pasquero further teaches wherein the positions of the first and second options relative to one another are adjusted in response to changes in the first angle of arrival and the second angle of arrival (Sections 0004-0005, 0025-0026, 0036, 0043-0055, 0063-0067, 0096, 0125, 0169, and 0213, determining different angles from different devices to set up communication and sharing etc.).
Regarding claim 15, Pasquero further teaches wherein the control circuitry is configured to determine a first distance to the first external electronic device and a second distance to the second external electronic device, and wherein the positions of the first and second options relative to one another are based on the first and second distances (Sections 0025-0026, 0036, 0053-0055, 0065-0066, 0114, 0125, 0169, 0230, and 0245-0248, determining distance etc.).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Pasquero (US Pat Pub# 2013/0111370, as cited by applicant) in view of McLaughlin et al. (US Pat# 10,305,540) and further in view of Kwon et al. (US Pat Pub# 2016/0381534) and further in view of Bozarth (US Pat# 9,232,353, as cited by applicant).
Regarding claim 14, Pasquero in view of McLaughlin and further in view of Kwon teaches the limitations in claim 11. Pasquero, Kwon, and McLaughlin fail to teach an ultra-wideband radio frequency.
Bozarth teaches wherein the radio frequency signals comprise ultra-wideband radio frequency signals (Col. 3 lines 51-67 and Col. 4 lines 34-4, ultra-wideband).
Therefore, it would have been obvious at the time of the invention to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate an ultra-wideband radio frequency as taught by Bozarth into an option to share as taught by Kwon into first and second angles of arrival as taught by McLaughlin into Pasquero’s device in order to improve communication efficiency.
Allowable Subject Matter
Claims 4, 9-10, 17-18, and 20 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW WENDELL whose telephone number is (571)272-0557. The examiner can normally be reached Monday-Friday 8:30AM-5PM.
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/ANDREW WENDELL/Primary Examiner, Art Unit 2648 4/24/2026
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