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 the amendment filed by Applicant on 02/09/2026. This action is made FINAL.
Examiner’s Notes
The Applicant does not provide any definition of what constitutes an “ambient device.” It is understood that the Applicant seeks to attach the meaning of an “IoT” device to the language of “ambient device,” however, the plain meaning of an “ambient device” cannot be interpreted as such.
The Applicant argues a difference between an “ambient device” and a UE. However, there is no definition, or any functional or structural difference provided by the Applicant in the arguments or the claims.
Claim Rejections - 35 USC § 112
The 35 USC § 112 are hereby withdrawn in response to the amendment filed by the Applicant.
Response to Arguments
Applicant's arguments filed 02/09/2026 have been fully considered but they are not persuasive.
The Applicant states that “"comparing...positioning data with ground truth data correlating devices with known locations," "identifying ... at least one matching device" and "determining" the ambient device location from that device's "known location." For example, the cited portions of Graube do not describe "ground truth data correlating devices with known locations" compared to ambient-device measurements.” The claims only describe a correlation between devices and known locations. Further, there is no mention in the claims of any “ambient-device measurements.” Comparing the context of Applicant’s arguments with the claim language, it is not clear whether the Applicant argues that there is a comparison of “ambient device measurements” and other device measurements.
The Applicant states that “However, these cited portions of Graube appear to describe location/proximity of a UE device based on ESL beacons and handset measurements-not an ambient device and not by matching a server-stored "ground truth" fingerprint to select a "matching device" and determine position from that device's known location.” However, the claims are not worded as such; and at least the underlined language is not even claimed.
Further, in paragraph 7 of the instant application, the Applicant defines “ground truth as “positioning measurements recorded for each ESL infrastructure node may serve as a ground truth for signal reception characteristics associated with a known location of that node within the environment. Additional ground truth data, including a set of energizer transmission parameters (such as a range of transmission powers, time slots, beams, and channels), may be recorded during the training/surveying phase for each known location based on one or more energizer transmissions detected by a corresponding ESL infrastructure node at that location.” In paragraph 102 in Graube; the ESL transmits a beacon (and thus serving as ground truth node) to a UE. The Applicant does not provide any arguments as to the reasons pertaining to the ESL in Graube not serving as a ground truth node.
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 1-9, 12-20, and 23-30 are rejected under 35 U.S.C. 103 as being unpatentable over Wight et al (Publication number: US 2017/0149294) in view of Graube et al (Publication number: US 2022/0051310).
Consider Claim 1, Wight et al shows a method (see figure 9), comprising:
(a) Configuring, a first subset of devices to transmit energizing radio waves for an ambient device in a vicinity of the first subset (see figures 1 and 7; paragraphs 112-114); (The first subset of devices is read as all PAPs on).
(b) Receiving, from a second subset of devices, positioning data relating to signal transmissions received by the second subset from the ambient device based on the energizing radio waves from the first subset (See figures 1 and 7; paragraphs 25-28 and 112-114); (The ambient device is read as energizable devices 14. The second subset of devices is read as a subgroup of the PAPs. At 224, the subspace is further divided into multiple subgroups by sequentially turning off one or more PAPs. At 226, the subspace is further divided into multiple subgroups by switching the polarization of all the PAPs).
(c) Comparing, the positioning data with data correlating devices with known locations (see figure 1; and paragraphs 114-116); (At 230, the connectivity map is fixed (determined) in space at multiple points using the known locations of multiple reference receivers, and the results of either the various connectivity maps from the plurality of subspaces or the plurality of subgroups).
However, Wight et al does not specifically show identifying, by a server, based on the comparing, at least one matching device for which the ground truth data matches the positioning data; and determining, by the server, a position of the ambient device based on a corresponding known location of the at least one matching device.
In the same field of endeavor, Graube et al shows identifying, by a server, based on the comparing, at least one matching device for which the ground truth data matches the positioning data; and determining, by the server, a position of the ambient device based on a corresponding known location of the at least one matching device (see figure 1D; and paragraphs 104-106); (The server is read as management entity server 150. The store management entity server 150 may signal individual ESLs 110, such as via an access point 130 that communicates via wireless links 112 to the ESL 110, to control lighting of the LED 117, vary the brightness of a backlit display or generate another visible indication when an individual or user mobile device 120 is within the vicinity of and product to be selected based on the shopping list. The store management entity server 150 may call on and ESL location database 152 stored in memory accessible by the server that maps products to ESL locations).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the application to incorporate the store management entity server 150 of Graube et al into the system of figure shown in Wight et al in order to determine a route of travel of a shopper (see Graube et al; paragraphs 15 and 16).
Consider Claim 12, Wight et al shows an apparatus comprising: a memory storing processor-readable code; and at least one processor coupled to the memory, the at least one processor configured to execute the processor-readable code to cause the at least one processor to perform operations (see figures 2 and 4), comprising:
(a) Configuring a first subset of devices to transmit energizing radio waves for an ambient device in a vicinity of the first subset (see figures 1 and 7; paragraphs 112-114); (The first subset of devices is read as all PAPs on).
(b) Receiving, from a second subset of devices, positioning data relating to signal transmissions received by the second subset from the ambient device based on the energizing radio waves from the first subset (See figures 1 and 7; paragraphs 25-28 and 112-114); (The ambient device is read as energizable devices 14. The second subset of devices is read as a subgroup of the PAPs. At 224, the subspace is further divided into multiple subgroups by sequentially turning off one or more PAPs. At 226, the subspace is further divided into multiple subgroups by switching the polarization of all the PAPs).
(c) Comparing, the positioning data with data correlating devices with known locations (see figure 1; and paragraphs 114-116); (At 230, the connectivity map is fixed (determined) in space at multiple points using the known locations of multiple reference receivers, and the results of either the various connectivity maps from the plurality of subspaces or the plurality of subgroups).
However, Wight et al does not specifically show identifying, by a server, based on the comparing, at least one matching device for which the ground truth data matches the positioning data; and determining, by the server, a position of the ambient device based on a corresponding known location of the at least one matching device.
In the same field of endeavor, Graube et al shows identifying, by a server, based on the comparing, at least one matching device for which the ground truth data matches the positioning data; and determining, by the server, a position of the ambient device based on a corresponding known location of the at least one matching device (see figure 1D; and paragraphs 104-106); (The server is read as management entity server 150. The store management entity server 150 may signal individual ESLs 110, such as via an access point 130 that communicates via wireless links 112 to the ESL 110, to control lighting of the LED 117, vary the brightness of a backlit display or generate another visible indication when an individual or user mobile device 120 is within the vicinity of and product to be selected based on the shopping list. The store management entity server 150 may call on and ESL location database 152 stored in memory accessible by the server that maps products to ESL locations).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the application to incorporate the store management entity server 150 of Graube et al into the system of figure shown in Wight et al in order to determine a route of travel of a shopper (see Graube et al; paragraphs 15 and 16).
Consider Claim 23, Wight et al shows a non-transitory computer-readable medium storing instructions that, when executed by a processor, cause the processor to perform operations (see figures 2 and 4), comprising:
(a) Configuring a first subset of devices to transmit energizing radio waves for an ambient device in a vicinity of the first subset (see figures 1 and 7; paragraphs 112-114); (The first subset of devices is read as all PAPs on).
(b) Receiving, from a second subset of devices, positioning data relating to signal transmissions received by the second subset from the ambient device based on the energizing radio waves from the first subset (See figures 1 and 7; paragraphs 25-28 and 112-114); (The ambient device is read as energizable devices 14. The second subset of devices is read as a subgroup of the PAPs. At 224, the subspace is further divided into multiple subgroups by sequentially turning off one or more PAPs. At 226, the subspace is further divided into multiple subgroups by switching the polarization of all the PAPs).
(c) Comparing, the positioning data with data correlating devices with known locations (see figure 1; and paragraphs 114-116); (At 230, the connectivity map is fixed (determined) in space at multiple points using the known locations of multiple reference receivers, and the results of either the various connectivity maps from the plurality of subspaces or the plurality of subgroups).
However, Wight et al does not specifically show identifying, by a server, based on the comparing, at least one matching device for which the ground truth data matches the positioning data; and determining, by the server, a position of the ambient device based on a corresponding known location of the at least one matching device.
In the same field of endeavor, Graube et al shows identifying, by a server, based on the comparing, at least one matching device for which the ground truth data matches the positioning data; and determining, by the server, a position of the ambient device based on a corresponding known location of the at least one matching device (see figure 1D; and paragraphs 104-106); (The server is read as management entity server 150. The store management entity server 150 may signal individual ESLs 110, such as via an access point 130 that communicates via wireless links 112 to the ESL 110, to control lighting of the LED 117, vary the brightness of a backlit display or generate another visible indication when an individual or user mobile device 120 is within the vicinity of and product to be selected based on the shopping list. The store management entity server 150 may call on and ESL location database 152 stored in memory accessible by the server that maps products to ESL locations).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the application to incorporate the store management entity server 150 of Graube et al into the system of figure shown in Wight et al in order to determine a route of travel of a shopper (see Graube et al; paragraphs 15 and 16).
Consider Claim 28, Wight et al shows an electronic shelf label (ESL) system (see figure 1), comprising:
(a) A first subset of devices (see figures 1 and 7; paragraphs 112-114); (The first subset of devices is read as all PAPs on).
(b) A second subset of devices (See figures 1 and 7; paragraphs 25-28 and 112-114); (The ambient device is read as energizable devices 14. The second subset of devices is read as a subgroup of the PAPs. At 224, the subspace is further divided into multiple subgroups by sequentially turning off one or more PAPs. At 226, the subspace is further divided into multiple subgroups by switching the polarization of all the PAPs).
(c) At least one processor coupled to a memory, wherein the at least one processor is configured to perform operations comprising: configuring, the first subset of devices to transmit energizing radio waves for an ambient device in a vicinity of the first subset (see figures 1 and 7; paragraphs 112-114); (The first subset of devices is read as all PAPs on).
(d) Receiving, by the server from the second subset of devices, positioning data relating to signal transmissions received by the second subset from the ambient device based on the energizing radio waves from the first subset (See figures 1 and 7; paragraphs 25-28 and 112-114); (The ambient device is read as energizable devices 14. The second subset of devices is read as a subgroup of the PAPs. At 224, the subspace is further divided into multiple subgroups by sequentially turning off one or more PAPs. At 226, the subspace is further divided into multiple subgroups by switching the polarization of all the PAPs).
(e) Comparing, the positioning data with data correlating devices with known locations (see figure 1; and paragraphs 114-116); (At 230, the connectivity map is fixed (determined) in space at multiple points using the known locations of multiple reference receivers, and the results of either the various connectivity maps from the plurality of subspaces or the plurality of subgroups).
However, Wight et al does not specifically show a server comprising a memory and at least one processor coupled to the memory, wherein the at least one processor is configured to perform operations identifying, by the server, based on the comparing, at least one matching device for which the ground truth data matches the positioning data; and determining, by the server, a position of the ambient device based on a corresponding known location of the at least one matching device.
In the same field of endeavor, Graube et al shows a server comprising a memory and at least one processor coupled to the memory, wherein the at least one processor is configured to perform operations identifying, by the server, based on the comparing, at least one matching device for which the ground truth data matches the positioning data; and determining, by the server, a position of the ambient device based on a corresponding known location of the at least one matching device (see figure 1D; and paragraphs 104-106); (The server is read as management entity server 150. The store management entity server 150 may signal individual ESLs 110, such as via an access point 130 that communicates via wireless links 112 to the ESL 110, to control lighting of the LED 117, vary the brightness of a backlit display or generate another visible indication when an individual or user mobile device 120 is within the vicinity of and product to be selected based on the shopping list. The store management entity server 150 may call on and ESL location database 152 stored in memory accessible by the server that maps products to ESL locations).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the application to incorporate the store management entity server 150 of Graube et al into the system of figure shown in Wight et al in order to determine a route of travel of a shopper (see Graube et al; paragraphs 15 and 16).
Consider Claims 2, 13, 24, and 29, Graube et al shows that the ambient device is an ambient Internet of Things (IoT) tag associated with an item of inventory (see figure 2A and paragraph 105).
Consider Claims 3, 14, and 25, Wight et al shows that the first subset includes one or more energizer devices configured by the server to transmit energizing waveforms for powering electrical components of the ambient device (see paragraphs 98 and 99); (The power transmission system delivers power to receiving devices such as RFID tags from a group of PAPs, each of which is coherently locked to a common frequency. By adjusting the relative phase of the transmitted signal from each PAP, energy “bubbles” are created in three-dimensional space, and power is delivered to all energizable devices in each “bubble”. As the energy “bubbles” are moved through the three (3D) space by changing the relative phases at the Power Access Points, different sets of energizable devices are energized).
Consider Claims 4, 15, and 26, Wight et al show that the one or more energizer devices are configured by the server to transmit the energizing waveforms according to a set of transmission parameters, and wherein the signal transmissions are made by the ambient device according to the set of transmission parameters (see paragraphs 98 and 99); (The power transmission system delivers power to receiving devices such as RFID tags from a group of PAPs, each of which is coherently locked to a common frequency. By adjusting the relative phase of the transmitted signal from each PAP, energy “bubbles” are created in three-dimensional space, and power is delivered to all energizable devices in each “bubble”. As the energy “bubbles” are moved through the three (3D) space by changing the relative phases at the Power Access Points, different sets of energizable devices are energized).
Consider Claims 5, 16, and 27, Wight et al shows that the second subset includes at least one of an electronic shelf label (ESL) device or an access point, and wherein the positioning data includes measurements of the signal transmissions received by the second subset (See figures 1 and 7; paragraphs 25-28 and 112-114); (The ambient device is read as energizable devices 14. The second subset of devices is read as a subgroup of the PAPs. At 224, the subspace is further divided into multiple subgroups by sequentially turning off one or more PAPs. At 226, the subspace is further divided into multiple subgroups by switching the polarization of all the PAPs).
Consider Claims 6 and 17, Graube et al shows that the measurements include a set of received signal strength indicator (RSSI) values measured by the second subset for the signal transmissions received from the ambient device (see paragraphs 73-76); (When the user mobile device detects a beacon, the user mobile device can estimate its proximity to the emitting ESL using measured RSSI of the detected signal. The user mobile device may communicate the time varying unique code to the store management entity server, which may use that information to map the code to the ESLs location within the store and hence determine an approximate location of the user mobile device).
Consider Claims 7 and 18, Graube et al shows that the set of RSSI values measured by the second subset vary over each of the one or more transmission parameters selected from the set of transmission parameters (see paragraphs 73-76); (When the user mobile device detects a beacon, the user mobile device can estimate its proximity to the emitting ESL using measured RSSI of the detected signal. The user mobile device may communicate the time varying unique code to the store management entity server, which may use that information to map the code to the ESLs location within the store and hence determine an approximate location of the user mobile device).
Consider Claims 8 and 19, Wight et al shows that the set of transmission parameters include at least one of a transmission power, a time slot, a beam identifier (ID), or a channel; and the set of RSSI values measured by each device vary over one or more of a range of transmission powers, a set of time slots, a set of beam identifiers (IDs), or a set of channels (see paragraphs 65 and 66); (The PAP sync is done over a comm-channel, which the energizable device can listen on. When an energizable device has enough energy to listen for the duration of PAP sync cycle, the energizable device changes comm-channel frequency to PAP sync channel and waits for sync).
Consider Claims 9 and 20, Wight et al shows that the signal transmissions made by the ambient device include a beacon message transmitted by the ambient device according to a selected transmission power that is proportional to the transmission power of the energizing radio waves received by the ambient device from the one or more energizer devices (see paragraphs 55 and 56).
Consider Claim 30, Wight et al shows that the first subset includes one or more energizer devices configured to transmit energizing waveforms for powering electrical components of the ambient device, wherein the second subset includes at least one of an ESL device or an access point, and wherein the positioning data includes measurements of the signal transmissions received by the second subset (see paragraphs 98 and 99); (The power transmission system delivers power to receiving devices such as RFID tags from a group of PAPs, each of which is coherently locked to a common frequency. By adjusting the relative phase of the transmitted signal from each PAP, energy “bubbles” are created in three-dimensional space, and power is delivered to all energizable devices in each “bubble”. As the energy “bubbles” are moved through the three (3D) space by changing the relative phases at the Power Access Points, different sets of energizable devices are energized).
Claims 10-11, and 21-22 are rejected under 35 U.S.C. 103 as being unpatentable over Wight et al (Publication number: US 2017/0149294) in view of Graube et al (Publication number: US 2022/0051310) in view of Shakedd et al (Publication number: US 2021/0027608).
Consider Claims 10 and 21, Wight et al in view of Graube et al do not specifically show that the beacon message includes an indication of the selected transmission power, wherein the beacon message is received by the server from the second subset, and wherein the method further comprises: determining, by the server, that the selected transmission power fails to meet a minimum threshold transmission power; reconfiguring, by the server, the one or more energizer devices to increase the transmission power of the energizing radio waves transmitted to the ambient device; and receiving, by the server, the positioning data from the second subset based on additional signal transmissions received by the second subset from the ambient device after the energizing radio waves are transmitted with the increased transmission power.
In the same field of endeavor, Shakedd et al shows that the beacon message includes an indication of the selected transmission power, wherein the beacon message is received by the server from the second subset, and wherein the method further comprises: determining, by the server, that the selected transmission power fails to meet a minimum threshold transmission power; reconfiguring, by the server, the one or more energizer devices to increase the transmission power of the energizing radio waves transmitted to the ambient device; and receiving, by the server, the positioning data from the second subset based on additional signal transmissions received by the second subset from the ambient device after the energizing radio waves are transmitted with the increased transmission power (see paragraphs 270-271, and 296-297); (A first amount of energy required for transmission may be determined based on a lookup of one or more predefined threshold values, or may be calculated based on known characteristics of the transmission and/or known information about how much energy may be required to complete the transmission. The second amount of energy may be predetermined in that the tag may always be required to maintain a particular energy reserve. The predetermined amount of energy may correspond, for example to one or more of an amount of energy needed for the tag to perform internal functions for a predetermined period, or for the tag to make a predetermined number of future transmissions, such as a gate mode transmission. If calculated, the first amount of energy may be determined based on variables such as a distance between the tag and one of the receivers, such as the second receiver. Or it may be calculated or determined based on an amount of energy required in the past for a similar transmission).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the application to incorporate the energy management teaching of Shakedd et al into the (ESL) system taught by Wight et al and Graube et al in order to enable continued functioning of the tag (see Shakedd et al; paragraph 296).
Consider Claims 11 and 22, Shakedd et al shows that the ambient device is one of a plurality of ambient devices, and wherein the method further comprises: ranking, by the server, the plurality of ambient devices according to the selected transmission power of respective signal transmissions made by each ambient device of the plurality of ambient devices; grouping, by the server, the plurality of ambient devices into different groups of ambient devices based on the ranking, each group of ambient devices corresponding to a different range of selected transmission powers; and assigning, by the server to each group of ambient devices, a timing offset for the additional signal transmissions to be made by the ambient devices in that group (see paragraphs 296-297).
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.
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/MICHAEL A FARAGALLA/Primary Examiner, Art Unit 2624 05/26/2026
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