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
Amendment received on 06/11/2025. Claims 1-10 are currently pending.
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.
Claims 1-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nikitin et al. 2015/0186700.
Regarding claim 1, Nikitin discloses a communication apparatus (RFID system 310/410/1010), comprising: a movement controller (robotic system 1070) configured to control movement of a relative position of an antenna with respect to a wireless tag [86-97]; an acquisition component (tag reordering system 1060) configured to acquire, based on a radio wave of the wireless tag received by the antenna, a plurality of pieces of tag data on the wireless tag at a plurality of relative positions of the antenna [88-97]; and a determination processing component supervisory system 1090) configured to determine, based on the plurality of pieces of tag data on the wireless tag, which range among a first range, a second range, and a third range (the ranges being locations of the tags, see FIG 17 as an example, the input station 1715, receiving space 1737, path 1735) the wireless tag is within, wherein the third range is between the first range and the second range [87] [97-98] [FIGs 2- 5], based on the wireless tag being in the first range, select the wireless tag (true tags) as a processing target [FIG 17] [80-90]; and based on the wireless tag being in the second range (stray tags), select the wireless tags as not being in the processing target [80-90][109-117].
Regarding claim 2, Nikitin discloses all of the limitations of claim 1, Nikitin further discloses an output component configured to output,] when the determination processing component determines that the wireless tag is within the third range, information on the wireless tag for prompting a user to input which range of the first range and the second range the wireless tag is within [FIG 17] [80-90] [109-117].
Regarding claim 3, Nikitin discloses all of the limitations of claim 1. Nikitin further discloses a moving direction of the relative position of the antenna is a horizontal direction, and the third range is a range between the first range and the second range in the horizontal direction [97].
Regarding claim 4, Nikitin discloses all of the limitations of claim 1. Nikitin further discloses a moving direction of the relative position of the antenna is a horizontal direction, and the third range is a range between the first range and the second range in a vertical direction [97].
Regarding claim 5, Nikitin discloses all of the limitations of claim 1. Nikitin further discloses the determination processing component (#1070) determines, based on data output from a trained model based on input of the plurality of pieces of tag data on the wireless tag to the trained model, which range among the first range, the second range, and the third range the wireless tag is within [FIG 10].
Regarding claim 6, Nikitin discloses all of the limitations of claim 1. Nikitin further discloses the tag data comprises at least one of phase data, Doppler frequency data, and received signal strength indicator data [123-134].
Regarding claim 7, Nikitin discloses all of the limitations of claim 1. Nikitin further discloses a demodulation component configured to detect the tag data according to movement of the antenna along one direction [FIG 11] [FIG 13].
Regarding claim 8, Nikitin discloses A communication method performed by a communication apparatus, the communication method comprising: controlling movement of a relative position of an antenna with respect to a wireless tag; acquiring, based on a radio wave of the wireless tag received by the antenna, a plurality of pieces of tag data on the wireless tag at a plurality of relative positions of the antenna; and determining, based on the plurality of pieces of tag data on the wireless tag, which range among a first range, a second range, and a third range the wireless tag is withing, wherein the third range is between the first range and the second range the wireless tag is within [86-98][ FIG 10], based on the wireless tag being in the first range, select the wireless tag (true tags) as a processing target [FIG 17] [80-90]; and based on the wireless tag being in the second range (stray tags), select the wireless tags as not being in the processing target [80-90][109-117].
Regarding claim 9, Nikitin discloses an RFID tag reader (RFID reader 310/410/610/1010) comprising: a movement controller configured to control movement of a relative position of an antenna with respect to a RFID tag; an acquisition component configured to acquire, based on a radio wave of the RFID tag received by the antenna, a plurality of pieces of tag data on the RFID tag at a plurality of relative positions of the antenna; and a determination processing component configured to determine, based on the plurality of pieces of tag data on the RFID tag, which range among a first range, a second range, and a third range the RFID tag is within, wherein the third range is between the first range and the second range [86-97] [FIG 2-6] [10], based on the wireless tag being in the first range, select the wireless tag (true tags) as a processing target [FIG 17] [80-90]; and based on the wireless tag being in the second range (stray tags), select the wireless tags as not being in the processing target [80-90][109-117].
Regarding claim 10, Nikitin discloses a non-transitory computer readable storage medium storing a program that causes a computer to execute instructions comprising: controlling, by the computer, movement of a relative position of an antenna with respect to a wireless tag; acquiring, based on a radio wave of the wireless tag received by the antenna, a plurality of pieces of tag data on the wireless tag at a plurality of relative positions of the antenna; and determining, by the computer, based on the plurality of pieces of tag data on the wireless tag, which range among a first range, a second range, and a third range the wireless tag, is within, wherein the third range is between the first range and the second range the wireless tag is within [86-97] [FIG 2-6] [10], based on the wireless tag being in the first range, select the wireless tag (true tags) as a processing target [FIG 17] [80-90]; and based on the wireless tag being in the second range (stray tags), select the wireless tags as not being in the processing target [80-90][109-117].
Response to Arguments
Applicant's arguments filed 06/11/2025 have been fully considered but they are not persuasive. In regards to the Applicant’s arguments on page 7, “Nikitin et al. does not disclose, teach, or suggest at least the above noted features of independent claim 1. Nikitin et al. generally relates to utilization of motion and spatial identification in RFID systems. More specifically, Nikitin et al. is concerned with : distinguishing between RFID tags which are part of RFID-tagged packages on a forklift, and extraneous RFID tags within the read zone of a RFID reader located along the path of the forklift, and seeking to identify the tagged packages.” See paragraph [0025] of Nikitin et al. For example, Nikitin et al. discusses whether a tag motion parameter of a tag read by an RFID reader “matches the input forklift motion parameter.” See Nikitin et al. at paragraph [0027]. Further, as discussed in paragraph [0037], which states in part:…” “Accordingly, Nikitin et al. identifies tags based on motion and whether or not motion of the tag matches the motion of the forklift. Nikitin et al., however, does not disclose, teach, or suggest “a first range, a second range, and a third range the wireless tag is within, wherein the third range is between the first range and the second range,” as recited in claim 1. Further, Nikitin et al. does not disclose, teach, or suggest the features of claim 1 related to, “based on the wireless tag being in the first range, select the wireless tag as a processing target; and based on the wireless tag being in the second range, select the wireless tag as not being the processing target.” Accordingly, Nikitin et al. does not anticipate independent claim 1.” The Examiner respectfully disagrees.
The Claim 1 limitation requires simply a first, second, and third range, which is disclosed as regions in the Specification of the instant application. Nikitin discloses a first, a second and a third region on FIG 17 and the reading of tags in the areas. Further the claim has been amended to include limitation of, “ based on the wireless tag being in the first range, select the wireless tag as a processing target: and based on the wireless tag being in the second range, select the wireless tag as not being the processing target.” Nikitin on paragraph 080-090 discloses true tags and stray tags and how depending on the distance (region) they are located they are deemed as either true or stray tags. Thus, all pending claim are rejected.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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/ASIFA HABIB/Examiner, Art Unit 2876
/THIEN M LE/Primary Examiner, Art Unit 2876