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 .
Response to Amendment
In the amendments filed July 8th, 2026, the following has occurred: claims 1 has been amended; claim 6 has been cancelled; claims 1-20 remain pending in this application. Applicant's request for reconsideration of the finality of the rejection of the last Office action is persuasive and, therefore, the finality of that action is withdrawn.
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.
Claim(s) 9-11 and 15-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Garner et al. ( US 20190369206 A1, “Garner”) in view of Da Silva Freitas et al. (US 20180238994 A1, “Da Silva Freitas”).
Regarding claim 9, Garner discloses
an electronic device (Fig. 3A (116-1)) comprising:
a speaker (implicit, [0093], control device may emit acoustic token signal illustrated by (314);
a memory (Fig. 2 (212));
and one or more processors(Fig. 2 (214))
obtain a location of the electronic device ([0037], positioning information is received by location component (fig. 2 (276)) indicative of the location of current mobile device (118-1) via a GPS receiver to provide the currently physical location of the mobile device)
Garner fails to disclose
and generate, with the speaker, an audio output that encodes location information for the location of the electronic device ([0114]-[0115], control device may receive request to determine information from the mobile device. In response, control device transmits acoustic token data including delay, distance, and/or mobile device direction information.)( distance and/or mobile device direction information relative to the control device is location data)
Da Silva Freitas teaches
and generate, with the speaker, an audio output that encodes location information for the location of the electronic device ([0037] mobile device embodiment includes an experimentally confirmed scenario in which spread spectrum signals from loudspeakers are received at the mobile device’s microphone in order to estimate ranges to the loudspeaker. Through demodulation and de-spreading of the emitted signals, the Golay encoded sequences are revealed and via decoding allow retrieval of GPS coordinates of the loudspeakers which emitted the signals)
Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, to modify the electronic device of Garner to include the teachings of Da Silva Freitas, in order to yield an electronic device and associated communication technique that allows a device to transmit its location or positional coordinates in environments where telecommunications may be unavailable or no previous device pairing was completed, enabling users to relay their location to others with increased security and privacy as well as without the need for previous knowledge of their surroundings, such as when a user may get lost in remote areas. Making such a modification amounts to using a known technique to improve similar devices in the same way (See MPEP 2141.III KSR Rationale (C)).
Regarding claim 10, Garner, as modified in view of Da Silva Freitas teaches the electronic device of claim 9. Da Silva Freitas further teaches
wherein the one or more processors are configured to generate the audio output that encodes the location information by modulating emission times of multiple portions of the audio output.([0047], Each emitting signal is therefore identified by its code that spreads the data. Direct sequence code division multiple access (DS-CDMA) is then used to transmit the unique wide band coded signal shaped to the acoustic channel to a digital modulation scheme such as binary phase-shift keying (BPSK). It will convey the information contained in the spread spectrum signal by changing, or modulating, the phase in two possible values: 0 and 180°. This modulation is the most robust easier to demodulate at reception and decision can only assume two possible decisions and therefore be less influenced by noise.)
Regarding claim 11, Garner, as modified in view of Da Silva Freitas teaches the electronic device of claim 10. Garner further teaches
wherein the multiple portions of the audio output are emitted with one or more frequencies that are determined based on a resonance feature of the electronic device.(implicit, [0114] acoustic token transmission information transmitted by the control device may include frequency information)([0112], At step 552, the mobile device may receive acoustic token transmission information. For example, mobile device (118-1) may receive acoustic token transmission information transmitted by control device (116-1) at step (562). At step (554), the mobile device may generate and emit acoustic token signal.) (frequency is implicitly determined based on a resonance feature of the control device in order for the control device to be capable of the transmission)
Regarding claim 15, the claim is a method claim corresponding to claim 9 and is therefore rejected for the same reasons.
Regarding claim 16, the claim is a method claim corresponding to claim 10 and is therefore rejected for the same reasons.
Regarding claim 17, the claim is a method claim corresponding to claim 11 and is therefore rejected for the same reasons.
Claim(s) 12-14 and 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Garner in view of Da Silva Freitas and McDonald et al. (US 20130344842 A1, “McDonald”).
Regarding claim 12, Garner, as modified in view of Da Silva Freitas teaches the electronic device of claim 9. Garner further teaches
the audio output includes at least a portion having one or more frequencies between approximately twenty Hertz and approximately twenty kilohertz ([0068] when the mobile device determines that control device is directly in front and very close to the mobile device, the mobile device may emit sound with a sinusoidal wave having a frequency of 8 kHz).
Garner, as modified in view of Da Silva Freitas fails to teach
wherein the location information comprises a local portion the location of the electronic device;
and wherein the audio output includes at least a portion having one or more frequencies between approximately twenty Hertz and approximately twenty kilohertz.
McDonald teaches
wherein the location information comprises a local portion the location of the electronic device ([0038] SPS receivers include GPS and/or GNSS)([0044], device location may be expressed in location coordinates derived from the SPS element in the device, device may transmit device related data to other mobile devices wirelessly.)([0081] transmission media may be acoustic waves that can be encoded location coordinates implicitly include a local portion, as they are GPS coordinates which may be formatted in Degree, Minutes, Seconds (DMS), which is in line with Applicant’s specification at [0041])
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, to modify the electronic device of Garner, as modified in view of the teachings of Da Silva Freitas, to further include the teachings of McDonald, in order to yield an electronic device that is capable of encoding its location within an acoustic signal with a greater level of detail such as a local portion of GPS coordinates so that in an instance where responders to a user generated distress signal from a remote area are already in the general vicinity of the user, the electronic device only encodes the local portion of the electronic device’s location, thus reducing the encoding complexity and increasing efficiency while still giving responders enough information to aid in finding the user. Making such a modification amounts to using a known technique to improve a similar device in the same way. See MPEP 2141.III KSR Rationale (C).
Regarding claim 13, Garner, as modified in view of Da Silva Freitaas and McDonald teaches the electronic device of claim 12. McDonald further teaches
wherein the location comprises the local portion and a regional portion that is omitted from the location information that is encoded in the audio output.([0038] SPS receivers include GPS and/or GNSS)([0044], device location may be expressed in location coordinates derived from the SPS element in the device, device may transmit device related data to other mobile devices wirelessly.)([0081], transmission media may be acoustic waves that can be encoded)(it is the examiner’s interpretation that one of ordinary skill in the art is capable of modifying the device of Garner, as modified in view of McDonald, to only encode the local portion of the information in the audio output)
Regarding claim 14, Garner, as modified in view of Da Silva Freitas and McDonald teaches the electronic device of claim 13. McDonald further teaches
wherein an audio range of the audio output is within the regional portion of the location of the electronic device.(Implicit, [0038] SPS receivers include GPS and/or GNSS)([0044], device location may be expressed in location coordinates derived from the SPS element in the device, device may transmit device related information to other mobile devices wirelessly.)(two devices located in the same regional portion that successfully transmit device related information to one another would implicitly have an audio range within the region portion of the location of the electronic device).
Regarding claim 18, the claim is a method claim corresponding to claim 12 and is therefore rejected for the same reasons.
Regarding claim 19, the claim is a method claim corresponding to claim 13 and is therefore rejected for the same reasons.
Regarding claim 20, the claim is a method claim corresponding to claim 14 and is therefore rejected for the same reasons.
.
Allowable Subject Matter
Claim 1-5 and 7-8 are allowed.
The following is an examiner’s statement of reasons for allowance:
Regarding claim 1, Garner discloses an electronic device (Fig. 3A (118-1)), comprising:
a handheld or wearable housing (Implicit, Fig. 3A (118-1) illustrates a mobile device, which the implicitly has a housing);
one or more microphones disposed in the handheld or wearable housing (Fig. 3A (262-1-1) and (262-1-2));
a display mounted to the handheld or wearable housing ([0024] mobile device (118-1 may be configured to utilize a touch screen display);
a memory disposed in the handheld or wearable housing (Fig. 2 (252));
one or more processors disposed in the handheld or wearable housing (Fig. 2 (254));
display, using the display of the electronic device, a visual indicator of a direction from the electronic device to the location of the other electronic device ([0113], mobile device may receive distance and direction information to the control device. mobile device may update in substantially real-time, the control device location UI view).
Garner fails to disclose
receive, using the one or more microphones, an audio output from another electronic device without establishing a wireless connection with the other device, the audio output including at least part of a location of the other electronic device encoded therein;
decode the audio output to obtain at least the part of the location of the other electronic device.
Obtain a regional part of the location of the other electronic device based on a location of the electronic device;
determine the location of the other electronic device based on the local part of the location of the other electronic device obtained from the decoded audio output and the regional part of the location obtained based on the location of the electronic device
Da Silva Freitas teaches
receive, using the one or more microphones, an audio output from another electronic device without establishing a wireless connection with the other device, the audio output including at least part of a location of the other electronic device encoded therein([0031], audio signals are transmitted periodically by an infrastructure without any connection to the mobile device);
decode the audio output to obtain at least the part of the location of the other electronic device. ([0037] mobile device embodiment includes an experimentally confirmed scenario in which spread spectrum signals from loudspeakers are received at the mobile device’s microphone in order to estimate ranges to the loudspeaker. Through demodulation and de-spreading of the emitted signals, the Golay encoded sequences are revealed and via decoding allow retrieval of GPS coordinates of the loudspeakers which emitted the signals)
Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, to modify the electronic device of Garner to include the teachings of Da Silva Freitas, in order to yield an electronic device and associated communication technique that allows a device to transmit its location or positional coordinates in environments where telecommunications may be unavailable or no previous device pairing was completed, enabling users to relay their location to others with increased security and privacy as well as without the need for previous knowledge of their surroundings, such as when a user may get lost in remote areas. Making such a modification amounts to using a known technique to improve similar devices in the same way (See MPEP 2141.III KSR Rationale (C)).
Garner, as modified in view of Da Silva Freitas fails to teach
Obtain a regional part of the location of the other electronic device based on a location of the electronic device;
determine the location of the other electronic device based on the local part of the location of the other electronic device obtained from the decoded audio output and the regional part of the location obtained based on the location of the electronic device
McDonald et al. (US 20130344842 A1, “McDonald”) teaches
Obtain a regional part of the location of the other electronic device based on a location of the electronic device([0038] SPS receivers include GPS and/or GNSS)([0044], device location may be expressed in location coordinates derived from the SPS element in the device, device may transmit device related data to other mobile devices wirelessly.)([0081] transmission media may be acoustic waves that can be encoded location coordinates. However McDonald (the closest identified prior art) fails to teach that that other electronic device’s location is determined based on the location of the electronic device, as required by the claim. Rather McDonald teaches a device may determine its own location using SPS receivers and that the device may then transmit the self-determined coordinates to other electronic devices);
determine the location of the other electronic device based on the local part of the location of the other electronic device obtained from the decoded audio output However McDonald (the closest identified prior art) fails to teach that that other electronic device’s location is determined based on the location of the electronic device, as required by the claim. Rather McDonald teaches a device may determine its own location using SPS receivers and that the device may then transmit the self-determined coordinates to other electronic devices. No other identified prior art teaches the required limitations, either wholly or in part with sufficient motivation to combine)
Regarding claims 2-5 and 7-8, the claims are indicated as allowed due to their respective dependence upon an allowed base claim.
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.”
Response to Arguments
Applicant’s arguments, see Applicant’s Remarks, filed July 8th, 2026, with respect to the 35 U.S.C. 103 rejections of claims 1-5 and 7-8 have been fully considered and are persuasive. The 35 U.S.C. 103 rejections of claims 1-5 and 7-8 have been withdrawn.
Applicant’s arguments, see Applicant’s Remarks, filed July 8th, 2026, with respect to the rejection(s) of claim(s) 9 and 15 under 35 U.S.C. 102(a)(1) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Garner in view of Da Silva Freitas.
On pg. 5 of Applicant’s Remarks, Applicant argues that due to the alleged allowability of claims 9 and 15 that dependent claims 10-14 and 16-20 are therefore in condition for allowance. As noted in the response to arguments with respect to claims 9 and 15, the rejections are maintained. Therefore the rejections of claims 10-14 and 16-20 are similarly maintained.
Conclusion
Prior art made of record though not relied upon in the present basis of rejection are noted in the attached PTO 892 and include:
Qu et al. (U.S. Patent Application No. 20190025402) which discloses methods and systems for detecting and locating a mobile device using sound
Suryavanshi et al. (U.S. Patent Application No. 20150141005) which discloses methods and systems for using sensor data to provide information between proximally-located device groups
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER RICHARD WALKER whose telephone number is (571)272-6136. The examiner can normally be reached Monday - Friday 7:30 am - 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Yuqing Xiao can be reached at 571-270-3603. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER RICHARD WALKER/ Examiner, Art Unit 3645
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