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 .
This action is in response to amendment filed 06/29/2026.
Response to Remarks
Applicant's remark (page 9-10) filed June 29, 2026, has been fully considered, claim 2, rejection has been withdrawn. However, remarks with reference to claims 1, 14, found not persuasive. Applicant indicates that prior art Jarvis does not disclose, scaling, by the network apparatus, the second signal strength value based on the first signal strength value, wherein each of the first signal strength value and the second signal strength value comprises at least a received signal strength indicator (RSSI) measurement, and updating, by the network apparatus, a database of network access point location based on the scaled second signal strength value.
The examiner respectfully disagrees primarily because the Jarvis reference teaches the alleged limitations. Jarvis discloses block 302, the collector device 104 generates measurement data (e.g., signal strength, RTT or arrival time and MAC ID for each access point 102a-n, displacement sensor data and optionally absolute location). By aggregating a plurality of measurement sets and selectively pruning the measurement sets to retain only the more relevant information, the processing system 105 may achieve a higher quality of the measurement information, which results in a better estimate of the access point's absolute location, selectively pruning (that is scaling), the measurement sets of a plurality of measurement sets, by the network apparatus (network processing system (apparatus) 105, figs. 1, 3A), access points in the processing network system 105 may be independent points and may be coupled to the plurality of devices 104 by a wireless or wired network. Each device 104 generates information related to the access points 102a-n, for example, access point identifier, received signal strength indication (RSSI), time or phase offsets of received signals and/or round-trip delay time (RTT), and transmits the information to the processing system 105. Device 104 travels along a path 106 …… device 104 detects access points 102a and 102b ….. device 104 may, for example, measure signals of different strengths, as indicated by the circles 108a, 108b, 110a 110b and 110c. Device 104 may periodically obtain measurement information with respect to the access points and its immediate environment …. may include information on the access point 102 (e.g., signal characteristics such as signal strength, signal quality, signal arrival time, RTT, etc.) ….. the collected data pruned by eliminating redundant data and pruning (scaling) results in better estimate of the access point’s absolute location) (paras. 0015, 0016, 0017, 0031, 0032, 0040, 0042, 0051, 0052, 0060).
As to updating a database of network access point location, Jarvis discloses processing system 105 determines or refines an estimate of the location of the access points 102a-n by combining the collected signal characteristics associated with the access points 102a-n, the collected displacement data provided by the collection devices 104 and the estimated locations of the collection devices …… location of a device based on the relative strengths of the monitored access point signals. This computation is done automatically and continuously by processing system 105 as the measurement sets are provided to it by the collector devices 104. Thus, when one or more access points are moved, the access point mapping provided by the processing system 105 may be continually updated. Using more collector devices in the system results in better estimates of the access point locations (paras. 0030, 0032). As noted above, the disclosure reveals scaling the signal strength value based on first signal strength value, that is the initial estimated value, signal strength for each access point 102a-n, where each of the signal strength value comprises at least a received signal strength indicator (RSSI) (fig. 1) and the positioning data is estimated access point location measurement. In view of the above, Applicants remarks in an attempt to overcome the rejection deemed not persuasive, the rejection has been maintained.
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(s) 1, 4-6, 12-14, 16-17, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jarvis et al (hereinafter Jarvis) (US 2013/0344886).
Regarding claims 1, 14, Jarvis discloses a method comprising:
identifying, by a network apparatus, a network access point accessible to a mobile apparatus (mobile device 104 travelling along path 106 it reaches point A and receives a signal from access point 102a having signal characteristics) (para. 0023);
receiving, by the network apparatus, network access point information associated with the network access point, wherein the network access point information comprises at least identification data and a first signal strength value (a signal from access point 102b having a strength (arrival time or RTT) indicated by the arrow 114a. In this example, device 104 provides the processing system 105 with an absolute position measurement for point A and data values representing the respective identifiers and signal strengths of the access points 102a and 102b) (para. 0023);
receiving, by the network apparatus, a single-sided round-trip time (RTT) measurement associated with the network access point, wherein the single-sided RTT measurement comprises at least a second signal strength value (device 104 generates information related to the access points 102a-n, for example, access point identifier (e.g. media access control identifier (MAC ID)), received signal strength indication (RSSI), of received signals and/or round-trip delay time (RTT), and transmits the information to the processing system 105, device 104 may periodically obtain measurement information with respect to the access points and its immediate environment) (paras. 0015, 0017);
scaling (that is, selectively pruning, discard or discount the measurement sets of a plurality of measurement sets), by the network apparatus (network processing system (apparatus)105, fig. 1), the second signal strength value based on the first signal strength value, wherein each of the first signal strength value and the second signal strength value comprises at least a received signal strength indicator (RSSI) measurement (access points in the processing network system 105 may be independent points and may be coupled to the plurality of devices 104 by a wireless or wired network. Each device 104 generates information related to the access points 102a-n, for example, access point identifier, received signal strength indication (RSSI), time or phase offsets of received signals and/or round-trip delay time (RTT), and transmits the information to the processing system 105. Device 104 travels along a path 106 …… device 104 detects access points 102a and 102b ….. device 104 may, for example, measure signals of different strengths, as indicated by the circles 108a, 108b, 110a 110b and 110c. Device 104 may periodically obtain measurement information with respect to the access points and its immediate environment …. may include information on the access point 102 (e.g., signal characteristics such as signal strength, signal quality, signal arrival time, RTT, etc.) ….. the collected data pruned by eliminating redundant data and ………. pruning which results in better estimate of the access point’s absolute location) (paras. 0015, 0016, 0017, 0040, 0042, 0060); and
updating, by the network apparatus, a database of network access point location based on the scaled second signal strength value (the access point mapping provided by the network processing 105 may be continually updated using more collector devices in the system results in better estimates of the access point locations) (para.0030). Jarvis further discloses at least one processor (element 204, 252) and at least one memory (element 206, 254) storing computer program code and/or instructions, the at least one memory and the computer program code is configured to, with the processor, cause the apparatus to perform the control functions (paras. 0025, 0026).
Regarding claims 4, 16, Jarvis discloses generating a radio model for the network access point based on the scaled second signal strength value and the first signal strength value of the network access point (a method that uses a model of the propagation pattern of each access point 102 to determine the likely location of a device 104, ….. the access point were used as its positioning data, the model may be initialized with estimated position points in the area and their corresponding signal characteristic measurements. The cost function described in equation (1) may be modified to minimize differences between the observations and the model) (para. 0054); and transmitting, by the network apparatus, the radio model to the mobile apparatus for position estimation (the access point characteristics gets transmitted to the processing system 105) (para. 0041).
Regarding claim 5, Jarvis discloses the mobile apparatus to estimate location information based on at least one of: the radio model, or the updated database of network access point location (processing system 105 may capture data from many devices 104 at many different times and from many different locations along the path 106 or more generally in the area covered by the access points 102 and use this information, as described, to enhance the quality of the position information) (para. 0042).
Regarding claim 6, Jarvis discloses network apparatus using a first scanning module of the mobile apparatus, a first scan across a plurality of frequency channels to identify the network access point accessible to the mobile apparatus (the mobile device may also obtain image data and, and signal quality information, ….. these measurements may be made passively, for example by monitoring Wi-Fi beacon transmissions, e.g. a Wi-Fi scan. The access points 102 in the regions having signal characteristics with high confidence levels. The second term ensures that the estimated true locations where the scans were made do not violate the constraints imposed by absolute and relative harvesting. It is a sum over all the constraints present) (paras. 0017, 0048).
Regarding claim 12, Jarvis discloses identifying, by the network apparatus, a plurality of available network access points accessible to the mobile apparatus, wherein the plurality of available network access points comprise the network access point (the process of determining the relative or absolute positions of access points 102, the system 105 may selectively discard or discount data sets which violate predefined constraints. In addition, it may selectively discard data sets determined to be outliers or data sets which are of lesser importance, see also fig. 1) (para. 0042);
receiving, by the network apparatus, network access point information associated with each of the plurality of available network access points (para. 0042), wherein the network access point information comprises at least: identification data and first signal strength value data (para. 0048);
selecting, by the network apparatus, the network access point for the mobile apparatus based on a set of predefined selection criteria; and after selection, receiving, by the network apparatus, the single-sided RTT measurement associated with the network access point (para. 0042, 0049).
Regarding claim 13, Jarvis discloses wherein the database of network access point location is a radio map associated with the network access point, and wherein the radio map comprises one or more access point models associated with the network access point (paras. 0041, 0042, 0054).
Regarding claim 17, limitation recited are similar/same as those recited in claims 6 and 12, noted above. Claim 17, therefore treated and rejected likewise.
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 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) 3, 15, is/are rejected under 35 U.S.C. 103 as being unpatentable over Jarvis et al (hereinafter Jarvis) (US 2013/0344886).
Regarding claims 3, 15, Jarvis discloses a system and a method which identifies locations associated with radio-frequency (RF) signal sources in an area, includes receiving multiple measurement sets from a plurality of devices 104, the devices 104 obtain contemporaneous information on characteristics of the signal sources and information on an absolute location and/or relative displacement of the devices 104. These measurement sets are processed to discover positioning data for the RF signal sources that may be used to determine locations of devices in the area (para. 0003) and each device 104 for example, measure signals (first signal, second signals etc.,) of different strengths, indicated by circles 108a, 108b, 110a, 110b, 110c each inclusive of received signal strength indication (RSSI) value (paras. 0016, 0017, 0037), except for, determining, a ratio of the first signal strength value and the second signal strength value; and determining, by the network apparatus, a product of the determined ratio and the second signal strength value. It would have been obvious to one of ordinary skill in the art at the time the invention was made to determine a ratio (that is, average) of two known signal measurement value and a product of the determined ratio since the examiner takes Official Notice of the equivalence determine or calculate the ratio of the first signal strength vale to the second signal strength value in a network using the formula, ratio = first signal strength vale / second signal strength value, as known in the mathematical field of endeavor, to arrive at the result of average signal strength value of the two signals and their product via multiplication of the two thereof, would be within the level of ordinary skill in the art. One of ordinary skill in the art would be motivated to do so to provide optimum location information based on signal strength value measurements in a communication system.
Allowable Subject Matter
Claims 2, 7-11, 18-20, 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
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 QUTBUDDIN GHULAMALI whose telephone number is (571) 272-3014. The examiner can normally be reached 7:30am to 4:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chieh Fan can be reached at 571 272 3042. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/QUTBUDDIN GHULAMALI/
Primary Examiner,
Art Unit 2632.
Prosecution Insights