DETAILED ACTION
Response to Amendment
The response filed April 8, 2026 has been entered.
No claims amended.
Claims 1-30 are pending this application
Information Disclosure Statement
The Information Disclosure Statement (IDS) filed on 4/8/2026 has been acknowledged.
Claim Rejections - 35 USC § 103
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, 9-10, and 29 are rejected under 35 U.S.C. 103 as being unpatentable over Cheng et al (MDPI, August 2023) in view of Takahashi et al (WO 2023/112349 A1).
Regarding Claim 1, Cheng teaches a method of operating a network component, comprising [page 1 abstract for RF sensing platform for detecting humans (objects) with page 9, second paragraph]:
determining a physical presence detection of a target object and a set of attributes associated with the target object [page 1 abstract for RF sensing platform for detecting humans (objects) with page 9, second paragraph];
and in association with a target object identifier and the set of attributes [page 10, 4th paragraph for identifying human object with attributes (friendly/non-friendly) and page 15, figure 11 for using unique ID number (identifier) for human object].
Cheng fails to explicitly teach and registering the target object in a target object database in response to the determination.
Takahashi has a target monitoring device (abstract) and teaches and registering the target object in a target object database in response to the determination [page 5, paragraphs 3-4 and paragraph 15].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the RF sensing techniques, as disclosed by Cheng, further including the database calculations as taught by Takahashi for the purpose to integrate and register target data (Takahashi, page 5 last paragraph).
Regarding Claim 29 Cheng teaches a network component, comprising: one or more memories [page 1 abstract for RF sensing platform for detecting humans (objects) with page 9, second paragraph];
one or more transceivers [page 3, figure 1, and last paragraph for radar, and transmitter receivers];
and one or more processors communicatively coupled to the one or more memories and the one or more transceivers, the one or more processors, either alone or in combination, configured to [page 3, figure 1 for a controller (processing means)]:
determine a physical presence detection of a target object and a set of attributes associated with the target object [page 1 abstract for RF sensing platform for detecting humans (objects) with page 9, second paragraph];
and in association with a target object identifier and the set of attributes [page 10, 4th paragraph for identifying human object with attributes (friendly/non-friendly) and page 15, figure 11 for using unique ID number (identifier) for human object].
Cheng fails to explicitly teach and register the target object in a target object database in response to the determination.
Takahashi has a target monitoring device (abstract) and teaches and register the target object in a target object database in response to the determination [page 5, paragraphs 3-4 and paragraph 15].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the RF sensing techniques, as disclosed by Cheng, further including the database calculations as taught by Takahashi for the purpose to integrate and register target data (Takahashi, page 5 last paragraph).
Regarding Claim 2, Cheng teaches the physical presence detection is based on a radio frequency for sensing (RF-S) operation, computer vision, manual user entry, or any combination thereof [page 1 abstract for RF sensing platform for detecting humans (objects) with page 9, second paragraph].
Regarding Claim 3, Cheng teaches the set of attributes comprises: a shape of the target object [page 10 figure 7 for determining if target is human and its body gestures], or a size of the target object, or a material type of the target object, or an object category of the target object, or an orientation of the target object, or a mobility associated with the target object, or location information associated with the target object, or any combination thereof [page 10, 4th paragraph for identifying human object with attributes (friendly/non-friendly)].
Regarding Claim 9, Cheng teaches the target object identifier is globally unique, or unique to a particular region, or unique to a particular network [3GPP, page 29, 6th paragraph for globally-unique].
Regarding Claim 10, Cheng teaches the registration of the target object is associated with a set of validity constraints [page 14, first two paragraphs for using machine learning and training for valid data].
Claims 4-6 and 11-16 are rejected under 35 U.S.C. 103 as being unpatentable over Cheng et al (MDPI, August 2023) in view of Takahashi (WO 2023/112349 A1) as applied to claim 1 above, and further in view of 3GPP (EP 3588128 A1).
Regarding Claim 4, Cheng fails to explicitly teach receiving a registration request message from a wireless node that comprises an indication of the set of attributes, wherein the determination is based on the registration request message.
3GPP has non-access stratum procedures in the 5G system (page 23, Scope) and teaches receiving a registration request message from a wireless node that comprises an indication of the set of attributes, wherein the determination is based on the registration request message [3GPP, page 228, Section 5.5.1.2 for registering a UE (functionally equivalent to registering targets)].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the RF sensing techniques, as disclosed by Cheng, further including the message calculations as taught by 3GPP for the purpose to initiates the registration procedure for initial registration by sending a message (3GPP, page 228 fourteenth paragraph).
Regarding Claim 5, Cheng fails to explicitly teach the wireless node corresponds to a sensing node that transmits, or measures, or both, one or more wireless signals associated with the physical presence detection of the target object, or wherein the registration request message requests that the network component register the target object with the target object identifier, or wherein the registration request message is received in association with a capability exchange procedure, or any combination thereof.
3GPP has non-access stratum procedures in the 5G system (page 23, Scope) and teaches the wireless node corresponds to a sensing node that transmits, or measures, or both, one or more wireless signals associated with the physical presence detection of the target object, or wherein the registration request message requests that the network component register the target object with the target object identifier, or wherein the registration request message is received in association with a capability exchange procedure, or any combination thereof [page 3, figure 1 for using wireless RF signals from emitter and transponder with target object human].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the RF sensing techniques, as disclosed by Cheng, further including the message calculations as taught by 3GPP for the purpose to initiates the registration procedure for initial registration by sending a message (3GPP, page 228 fourteenth paragraph).
Regarding Claim 6, Cheng teaches receiving a presence indication message from the wireless node that indicates detection of the physical presence detection of the target object [page 3, figure 1 for using wireless RF signals from emitter and transponder with target object human];
Cheng fails to explicitly teach determining that the target object is not yet registered in the target object database; and transmitting a registration initiation message to the wireless node in response to the determination that the target object is not yet registered in the target object database, wherein the registration request message is received in response to the registration initiation message.
3GPP has non-access stratum procedures in the 5G system (page 23, Scope) and teaches determining that the target object is not yet registered in the target object database; and transmitting a registration initiation message to the wireless node in response to the determination that the target object is not yet registered in the target object database, wherein the registration request message is received in response to the registration initiation message [3GPP, page 228, Section 5.5.1.2 for registering a UE (functionally equivalent to registering targets)].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the RF sensing techniques, as disclosed by Cheng, further including the message calculations as taught by 3GPP for the purpose to initiates the registration procedure for initial registration by sending a message (3GPP, page 228 fourteenth paragraph).
Regarding Claim 11, Cheng fails to explicitly teach the set of validity constraints comprises at least one of a geographic constraint, a time constraint, or both.
3GPP has non-access stratum procedures in the 5G system (page 23, Scope) and teaches the set of validity constraints comprises at least one of a geographic constraint, a time constraint, or both [3GPP page 230, paragraphs 4 and 9 for having UE in a registration area].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the RF sensing techniques, as disclosed by Cheng, further including the message calculations as taught by 3GPP for the purpose to initiates the registration procedure for initial registration by sending a message (3GPP, page 228 fourteenth paragraph).
Regarding Claim 12, Cheng fails to explicitly teach transmitting a registration confirmation message to a wireless node that comprises an indication of the target object identifier.
3GPP has non-access stratum procedures in the 5G system (page 23, Scope) and teaches transmitting a registration confirmation message to a wireless node that comprises an indication of the target object identifier [3GPP page 232, figure 5.5.1.2.2.1 for having a registration request and registration accept message].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the RF sensing techniques, as disclosed by Cheng, further including the message calculations as taught by 3GPP for the purpose to initiates the registration procedure for initial registration by sending a message (3GPP, page 228 fourteenth paragraph).
Regarding Claim 13, Cheng fails to explicitly teach the registration confirmation message comprises an indication that the target object identifier is globally unique, or unique to a particular region, or unique to a particular network.
3GPP has non-access stratum procedures in the 5G system (page 23, Scope) and teaches the registration confirmation message comprises an indication that the target object identifier is globally unique, or unique to a particular region, or unique to a particular network [3GPP, page 228, last 5 paragraphs for using GUTI – globally unique temporary identifiers].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the RF sensing techniques, as disclosed by Cheng, further including the message calculations as taught by 3GPP for the purpose to initiates the registration procedure for initial registration by sending a message (3GPP, page 228 fourteenth paragraph).
Regarding Claim 14, Cheng fails to explicitly teach the registration confirmation message comprises an indication a set of validity constraints associated with the registration of the target object.
3GPP has non-access stratum procedures in the 5G system (page 23, Scope) and teaches the registration confirmation message comprises an indication a set of validity constraints associated with the registration of the target object [page 237, 9th paragraph].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the RF sensing techniques, as disclosed by Cheng, further including the message calculations as taught by 3GPP for the purpose to initiates the registration procedure for initial registration by sending a message (3GPP, page 228 fourteenth paragraph).
Regarding Claim 15, Cheng fails to explicitly teach deregistering the target object from the target object database; and transmitting a deregistration message to a wireless node that indicates that the target object is no longer registered in the target object database.
3GPP has non-access stratum procedures in the 5G system (page 23, Scope) and teaches deregistering the target object from the target object database [page 303, section 5.5.2.1];
and transmitting a deregistration message to a wireless node that indicates that the target object is no longer registered in the target object database [page 304, first 5 paragraphs].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the RF sensing techniques, as disclosed by Cheng, further including the message calculations as taught by 3GPP for the purpose to inform the UE that it is deregistered for 5GS services over 3GPP access (3GPP, page 303, section 5.5.2.1).
Regarding Claim 16, Cheng fails to explicitly teach receiving, from a wireless node, a deregistration request that requests removing registration of the target object from the target object database; and deregistering the target object from the target object database in response to the deregistration request.
3GPP has non-access stratum procedures in the 5G system (page 23, Scope) and teaches receiving, from a wireless node, a deregistration request that requests removing registration of the target object from the target object database [page 303, section 5.5.2.1];
and deregistering the target object from the target object database in response to the deregistration request [page 304, first 5 paragraphs].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the RF sensing techniques, as disclosed by Cheng, further including the message calculations as taught by 3GPP for the purpose to inform the UE that it is deregistered for 5GS services over 3GPP access (3GPP, page 303, section 5.5.2.1).
Claims 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Cheng et al (MDPI, August 2023) in view of Takahashi (WO 2023/112349 A1) and 3GPP (EP 3588128 A1) as applied to claim 4 above, and further in view of Park et al (US 2022/0038864 A1).
Regarding Claim 7, Cheng fails to explicitly teach transmitting an announcement message that comprises information associated with candidate target objects for registration, wherein the registration request message is received in response to the announcement message.
Park has UEs each detect a target associated with a deflection point (abstract) and teaches transmitting an announcement message that comprises information associated with candidate target objects for registration, wherein the registration request message is received in response to the announcement message [0106].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the RF sensing techniques, as disclosed by Cheng, further including the broadcast calculations as taught by Park for the purpose to change the directionality of the RF signal when transmitting, a network node (Park, 0106).
Regarding Claim 8, Cheng fails to explicitly teach the announcement message transmitted via multicast or broadcast, or wherein the announcement message is transmitted via assistance data, or a combination thereof.
Park has UEs each detect a target associated with a deflection point (abstract) and teaches the announcement message transmitted via multicast or broadcast, or wherein the announcement message is transmitted via assistance data, or a combination thereof [0106].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the RF sensing techniques, as disclosed by Cheng, further including the broadcast calculations as taught by Park for the purpose to change the directionality of the RF signal when transmitting, a network node (Park, 0106).
Claims 17-23, 26-28 and 30 are rejected under 35 U.S.C. 103 as being unpatentable over Cheng et al (MDPI, August 2023) in view of 3GPP (EP 3588128 A1) and Takahashi (WO 2023/112349 A1).
Regarding Claim 17, Cheng teaches a method of operating a wireless node, comprising [page 1 abstract for RF sensing platform for detecting humans (objects) with page 9, second paragraph]:
transmitting a message to a network component that comprises an indication of a set of attributes associated with a target object associated with a physical presence detection [page 1 abstract for RF sensing platform for detecting humans (objects) with page 9, second paragraph];
and receiving, from the network component that comprises an indication of a target object identifier [page 10, 4th paragraph for identifying human object with attributes (friendly/non-friendly) and page 15, figure 11 for using unique ID number (identifier) for human object].
Cheng fails to explicitly teach in response to the registration request message, a registration confirmation message.
3GPP has non-access stratum procedures in the 5G system (page 23, Scope) and teaches in response to the registration request message, a registration confirmation message [3GPP, page 228, Section 5.5.1.2 for registering a UE (functionally equivalent to registering targets) with page 232, figure 5.5.1.2.2.1].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the RF sensing techniques, as disclosed by Cheng, further including the message calculations as taught by 3GPP for the purpose to initiates the registration procedure for initial registration by sending a message (3GPP, page 228 fourteenth paragraph).
Cheng fails to explicitly teach that is registered in association with the target object in a target object database.
Takahashi has a target monitoring device (abstract) and teaches that is registered in association with the target object in a target object database [page 5, paragraphs 3-4 and paragraph 15].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the RF sensing techniques, as disclosed by Cheng, further including the database calculations as taught by Takahashi for the purpose to integrate and register target data (Takahashi, page 5 last paragraph).
Regarding Claim 30, Cheng teaches a wireless node, comprising: one or more memories [page 1 abstract for RF sensing platform for detecting humans (objects) with page 9, second paragraph];
one or more transceivers; and one or more processors communicatively coupled to the one or more memories and the one or more transceivers, the one or more processors, either alone or in combination, configured to [page 3 last paragraph and figure 1 for means for transmitting, receiving, and signal processing]:
transmit, via the one or more transceivers, a message to a network component that comprises an indication of a set of attributes associated with a target object associated with a physical presence detection [page 1 abstract for RF sensing platform for detecting humans (objects) with page 9, second paragraph];
and receive, via the one or more transceivers, in response to the message,
a message from the network component that comprises an indication of a target object identifier [page 10, 4th paragraph for identifying human object with attributes (friendly/non-friendly) and page 15, figure 11 for using unique ID number (identifier) for human object].
Cheng fails to explicitly teach in response to the registration request message, a registration confirmation message.
3GPP has non-access stratum procedures in the 5G system (page 23, Scope) and teaches in response to the registration request message, a registration confirmation message [3GPP, page 228, Section 5.5.1.2 for registering a UE (functionally equivalent to registering targets) with page 232, figure 5.5.1.2.2.1].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the RF sensing techniques, as disclosed by Cheng, further including the message calculations as taught by 3GPP for the purpose to initiates the registration procedure for initial registration by sending a message (3GPP, page 228 fourteenth paragraph).
Cheng fails to explicitly teach that is registered in association with the target object in a target object database.
Takahashi has a target monitoring device (abstract) and teaches that is registered in association with the target object in a target object database [page 5, paragraphs 3-4 and paragraph 15].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the RF sensing techniques, as disclosed by Cheng, further including the database calculations as taught by Takahashi for the purpose to integrate and register target data (Takahashi, page 5 last paragraph).
Regarding Claim 18, Cheng teaches the physical presence detection is based on a radio frequency for sensing (RF-S) operation, computer vision, manual user entry, or any combination thereof [page 1 abstract for RF sensing platform for detecting humans (objects) with page 9, second paragraph].
Regarding Claim 19, Cheng teaches the set of attributes comprises: a shape of the target object [page 10 figure 7 for determining if target is human and its body gestures], or a size of the target object, or a material type of the target object, or an object category of the target object, or an orientation of the target object, or a mobility associated with the target object, or location information associated with the target object, or any combination thereof [page 10, 4th paragraph for identifying human object with attributes (friendly/non-friendly)].
Regarding Claims 20, Cheng teaches the wireless node corresponds to a sensing node that senses the target object [page 3, last paragraph and figure 1].
Regarding Claims 21, Cheng fails to explicitly teach the registration request message requests that the network component register the target object with the target object identifier.
3GPP has non-access stratum procedures in the 5G system (page 23, Scope) and teaches the registration request message requests that the network component register the target object with the target object identifier [3GPP, page 228, Section 5.5.1.2 for registering a UE (functionally equivalent to registering targets) and using GUIT for identifiers with registration request with page 232, figure 5.5.1.2.2.1].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the RF sensing techniques, as disclosed by Cheng, further including the message calculations as taught by 3GPP for the purpose to initiates the registration procedure for initial registration by sending a message (3GPP, page 228 fourteenth paragraph).
Regarding Claims 22, Cheng fails to explicitly teach the registration request message is transmitted in association with a capability exchange procedure.
3GPP has non-access stratum procedures in the 5G system (page 23, Scope) and teaches the registration request message requests that the network component register the target object with the target object identifier [3GPP, page 228, Section 5.5.1.2 for registering a UE (functionally equivalent to registering targets) and using GUIT for identifiers with registration request with page 232, figure 5.5.1.2.2.1].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the RF sensing techniques, as disclosed by Cheng, further including the message calculations as taught by 3GPP for the purpose to initiates the registration procedure for initial registration by sending a message (3GPP, page 228 fourteenth paragraph).
Regarding Claims 23, Cheng teach transmitting a presence indication message to the network component that indicates the physical presence detection of the target object [page 3, figure 1 for using wireless RF signals from emitter and transponder with target object human].
Cheng fails to explicitly teach and receiving a registration initiation message to the wireless node in response to the presence indication message, wherein the registration request message is transmitted in response to the registration initiation message.
3GPP has non-access stratum procedures in the 5G system (page 23, Scope) and teaches receiving a registration initiation message to the wireless node in response to the presence indication message, wherein the registration request message is transmitted in response to the registration initiation message [3GPP, page 228, Section 5.5.1.2 for registering a UE (functionally equivalent to registering targets) and using GUIT for identifiers with registration request with page 232, figure 5.5.1.2.2.1].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the RF sensing techniques, as disclosed by Cheng, further including the message calculations as taught by 3GPP for the purpose to initiates the registration procedure for initial registration by sending a message (3GPP, page 228 fourteenth paragraph).
Regarding Claims 26, Cheng fails to explicitly teach the registration confirmation message comprises an indication that the target object identifier is globally unique, or unique to a particular region, or unique to a particular network, or wherein the registration confirmation message comprises an indication a set of validity constraints associated with the registration of the target object, or a combination thereof.
3GPP has non-access stratum procedures in the 5G system (page 23, Scope) and teaches the registration confirmation message comprises an indication that the target object identifier is globally unique, or unique to a particular region, or unique to a particular network, or wherein the registration confirmation message comprises an indication a set of validity constraints associated with the registration of the target object, or a combination thereof [3GPP, page 228, Section 5.5.1.2 for registering a UE (functionally equivalent to registering targets) and using GUIT for identifiers with registration request with page 232, figure 5.5.1.2.2.1].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the RF sensing techniques, as disclosed by Cheng, further including the message calculations as taught by 3GPP for the purpose to initiates the registration procedure for initial registration by sending a message (3GPP, page 228 fourteenth paragraph).
Regarding Claims 27, Cheng fails to explicitly teach receiving a deregistration message from the network component that indicates that the target object is no longer registered in the target object database.
3GPP has non-access stratum procedures in the 5G system (page 23, Scope) and teaches receiving a deregistration message from the network component that indicates that the target object is no longer registered in the target object database [page 303, section 5.5.2.1 with page 304, first 5 paragraphs].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the RF sensing techniques, as disclosed by Cheng, further including the message calculations as taught by 3GPP for the purpose to inform the UE that it is deregistered for 5GS services over 3GPP access (3GPP, page 303, section 5.5.2.1).
Regarding Claims 28, Cheng fails to explicitly teach transmitting, to the network component, a deregistration request that requests removing registration of the target object from the target object database.
3GPP has non-access stratum procedures in the 5G system (page 23, Scope) and teaches transmitting, to the network component, a deregistration request that requests removing registration of the target object from the target object database [page 304, first 5 paragraphs].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the RF sensing techniques, as disclosed by Cheng, further including the message calculations as taught by 3GPP for the purpose to inform the UE that it is deregistered for 5GS services over 3GPP access (3GPP, page 303, section 5.5.2.1).
Claims 24-25 are rejected under 35 U.S.C. 103 as being unpatentable over Cheng et al (MDPI, August 2023) in view of 3GPP (EP 3588128 A1) and Takahashi (WO 2023/112349 A1) and further in view of Park et al (US 2022/0038864 A1).
Regarding Claims 24, Cheng fails to explicitly teach receiving an announcement message that comprises information associated with candidate target objects for registration, wherein the registration request message is transmitted in response to the announcement message.
Park has UEs each detect a target associated with a deflection point (abstract) and teaches receiving an announcement message that comprises information associated with candidate target objects for registration, wherein the registration request message is transmitted in response to the announcement message [0106].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the RF sensing techniques, as disclosed by Cheng, further including the broadcast calculations as taught by Park for the purpose to change the directionality of the RF signal when transmitting, a network node (Park, 0106).
Regarding Claims 25, Cheng fails to explicitly teach the announcement message received via multicast or broadcast, or wherein the announcement message is received via assistance data, or a combination thereof.
Park has UEs each detect a target associated with a deflection point (abstract) and teaches the announcement message received via multicast or broadcast, or wherein the announcement message is received via assistance data, or a combination thereof [0106].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the RF sensing techniques, as disclosed by Cheng, further including the broadcast calculations as taught by Park for the purpose to change the directionality of the RF signal when transmitting, a network node (Park, 0106).
Response to Arguments
Applicant's arguments fail to comply with 37 CFR 1.111(b) because they amount to a
general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references.
In applicant’s arguments page 9, second paragraph of applicant’s arguments, the applicant states that Cheng does not teach determining physical presence detection of the target object and registering the target object in a database. The examiner respectfully disagrees: Cheng teaching detecting human target objects via multimodal RF and EO/IR sensors [Cheng page 3, figure 1], determining a set of associated attributes including position, classification, distance [Cheng, page 10, figure 7], and a confidence score and registering the object with a unique identifier in a GUI database as a user-friendly interface and performing real-time tracking [page 8, Section 2.3.2].
In applicant’s arguments page 10, third paragraph of applicant’s arguments, the applicant states that Cheng does not teach managing persistent IDs. The examiner respectfully disagrees: Cheng teaching maintaining unique tacking IDs across multiple frames using ByteTrack [Cheng, page 13, Section 3.2.2] as well as updating tracking and synchronizing GUI database [Cheng, page 9, last paragraph and figure 5].
In applicant’s arguments page 11, third paragraph of applicant’s arguments, the applicant states that Takashi does not teach assigning an object identifier and associating the object with a structured set of attributes. The examiner respectfully disagrees: Takahashi tracks identifiers across the radar management using the radar management DB 21, AIS management DB 22, and the camera management DB 23 with the target data registered in the other one, the target data are integrated and registered in the integrated management DB 24 [Takahashi, page 5, last paragraph].
The examiner acknowledges that this is a broader interpretation than Applicant’s. However, examiners are not only allowed to apply broad interpretations, but are required to do so, as it reduces the possibility that the claims, once issued, will be interpreted more broadly than is justified. MPEP §2111. Patentability is determined by the “broadest reasonable interpretation
consistent with the specification” (MPEP §2111), not the narrowest reasonable interpretation. And Applicant does not have an explicit lexicographical statement in line with MPEP §2111.01
subsection IV requiring a specific interpretation of the relevant phrases which forces the examiner to interpret them only one way.
The express, implicit, and inherent disclosures of a prior art reference may be relied upon in the rejection of claims under 35 U.S.C. 102 or 103. "The inherent teaching of a prior art reference, a question of fact, arises both in the context of anticipation and obviousness." In re Napier, 55 F.3d 610, 613, 34 USPQ2d 1782, 1784 (Fed. Cir. 1995).
For applicant’s benefit, portions of the cited reference(s) have been cited to aid in the review of the rejection(s). While every attempt has been made to be thorough and consistent within the rejection it is noted that the PRIOR ART MUST BE CONSIDERED IN ITS ENTIRETY, including disclosures that teach away from the claims. See MPEP 2141.02 VI.
“The use of patents as references is not limited to what the patentees describe as their own inventions or to the problems with which they are concerned. They are part of the literature of the art, relevant for all they contain.” In re Heck, 699 F.2d 1331, 1332-33, 216 USPQ 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006, 1009, 158 USPQ 275, 277 (CCPA 1968)). A reference may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art, including non-preferred embodiments. Merck & Co. v.Biocraft Laboratories, 874 F.2d 804, 10 USPQ2d 1843 (Fed. Cir.), cert. denied, 493 U.S. 975 (1989). See also Upsher-Smith Labs. v. Pamlab, LLC, 412 F.3d 1319, 1323, 75 USPQ2d 1213, 1215 (Fed. Cir. 2005) See MPEP 2123.
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 SAMARINA MAKHDOOM whose telephone number is (703)756-1044. The examiner can normally be reached Monday – Thursdays from 8:30 to 5:30 pm eastern time.
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/SAMARINA MAKHDOOM/
Examiner, Art Unit 3648
Prosecution Insights