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 .
Information Disclosure Statement
The information disclosure statement filed on December 11, 2023, fails to comply with 37 CFR 1.98(a)(3)(i) because it does not include a concise explanation of the relevance, as it is presently understood by the individual designated in 37 CFR 1.56(c) most knowledgeable about the content of the information, of each reference listed that is not in the English language. Specifically, MPEP §609.01 requires that for non-English documents that are cited, the following must be provided:
(a) A concise explanation of the relevance, as it is presently understood by the individual designated in 37 CFR 1.56(c) most knowledgeable about the content of the information, unless a complete translation is provided; and/or
(b) A written English language translation of a non-English language document, or portion thereof, if it is within the possession, custody or control of, or is readily available to any individual designated in 37 CFR 1.56(c).
With regard to the present application, Examiner notes that the translated abstracts of the non-English references alone are insufficient to serve as concise explanations of relevance due to the abbreviated nature of the abstracts, the complex subject matter of the instant application, and the lack of clarity as to why the non-English documents are specifically relevant to the present claimed invention.
It has been placed in the application file, but the information referred to therein has not been considered.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claims 1-20 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claim 1 recites “a communication device configured to communicate with a wireless tag that is a target” and subsequently recites “in association with a reading result of reading the wireless tag by the communication device” which is indefinite, because it is unclear if the “communicat[ion]” in the first recitation is meant to be the same as the “reading result of reading the wireless tag” in the second recitation. The change in claim terminology without specifically linking the terminology creates a gap in understanding the metes and bounds of the claim. In other words, communicating is not necessarily identical to reading, or taking a reading result, and even if they were identical, it is not necessarily the same action. Claim 18 is likewise rejected, and dependent claims 2-9 and 19-20 fail to cure the deficiency.
Claim 1 recites “a plurality of positions” which is indefinite, because it is unclear if the recitation refers to the “self position[s]” recited previously, or if the plurality of positions are independent and distinct from the self positions. Claims 10 and 18 are likewise rejected, and dependent claims 2-9, 11-17, and 19-20 fail to cure the deficiency.
Claim 2 recites “wherein the memory stores a first reading result of reading the wireless tag when the self position is a first position and a second reading result of reading the wireless tag when the self position is a second position different from the first position, and the processor specifies an area where the wireless tag exists based on an overlapping area between a first reading area when the wireless tag is read at the first position and a second reading area when the wireless tag is read at the second position” which is indefinite, because it is written as a method step instead of a structural limitation. Therefore it is unclear, whether, and to what extent to the steps recited in claim 2 serve to further limit the subject matter of claim 1, from which claim 2 depends. Claims 3-5 are likewise rejected.
Claim 10 recites “stored reading results of the wireless tag obtained at a plurality of different positions” which is indefinite as being incomplete for omitting essential steps, such omission amounting to a gap between the steps. See MPEP § 2172.01. The omitted steps are: actually obtaining reading results of the wireless tag from a plurality of different positions. In other words, the reading results from the different positions cannot logically be stored until they are actually acquired from the different positions. Dependent claims 11-17 fail to cure the deficiency.
Claim 11 recites “the memory” which is indefinite for lack of proper antecedent basis. Claim 13 is likewise rejected.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 10-17 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract without significantly more. The claim 10 recites “acquiring information indicating a self position of an information processing apparatus at which a signal is received from a wireless tag that is a target,” “storing the self position in association with a reading result that is based on the signal received from the wireless tag,” and “specifying an area where the wireless tag exists based on stored reading results of the wireless tag obtained at a plurality of different positions” which, analyzed under Step 2A Prong One, includes limitations of gathering, storing, and comparing data which all can reasonably be performed using the human mind/with pen and paper and thus fall into the “Mental Processes grouping of abstract ideas.
This judicial exception is not integrated into a practical application because the same recitations as recited above, when analyzed under Step 2A Prong Two, amount do not add any significant extra solution activity. The claims to not recite or otherwise require even generic computers, or any other structure.
The claim does/do not include additional elements for consideration under Step 2B.
Dependent claims 11-17 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract without significantly more. For example, claims 11 and 13-14 each include additional limitations involving storing and analyzing information, which analyzed under Step 2A Prong One, adds more limitations which can readily be performed using the human mind and thus fall within the “Mental Processes” grouping of abstract ideas. Furthermore, claims 12 and 17 includes limitations of acquiring data and identifying problems/solutions based on the data which can all reasonably be performed using the human mind and thus fall within the “Mental Processes” grouping of abstract ideas. Lastly, claims 15-16 merely include recitations expanding on the abstract ideas identified in claim 10.
The judicial exceptions identified in claims 11-17 are not integrated into a practical application because the same recitations as recited above, when analyzed under Step 2A Prong Two, amount do not add any significant extra solution activity. The claims to not recite or otherwise require even generic computers, or any other structure.
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 6-10, and 15-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kamiya (US 2021/0356551 A1).
Regarding claim 1, Kamiya discloses a wireless tag communication device (abstract, regarding a wireless position detection system), comprising:
a communication device (tag reader 11; fig. 1) configured to communicate with a wireless tag that is a target (as shown in fig. 1);
a position detection sensor (radio wave information detection unit 13; fig. 1) configured to detect information indicating a self position of the wireless tag communication device (para. [0036], regarding since the phase is determined according to the distance between the tag reader 10 and the RFID tag 30, the radio wave information detection unit 13 can detect the phase unique to the position of the antenna 11; para. [0048], regarding the position detection system 1 determines that the position detection system 1 is positioned in front of the shelf 101B when a radio wave from the position RFID tag 30PB exceeds a predetermined RSSI, recognizes all of the response radio waves received from the product item RFID tags 30Q during the staying time; fig. 1);
a memory (storage unit 23; fig. 1) configured to store the self position, which is specified based on the information detected by the position detection sensor, in association with a reading result of reading the wireless tag by the communication device (para. [0041], regarding in the control unit 22, information on the ID stored in a tag and the radio wave that has been detected by the tag reader 10 is provided each time the information is detected, and is stored together with the time information as data); and
a processor (control unit 22; fig. 1) configured to specify a position of the wireless tag based on reading results of the wireless tag at a plurality of different positions that are stored in the memory (see again para. [0048]).
Regarding claim 6, Kamiya discloses the invention in claim 1, and further discloses wherein the plurality of different positions comprise at least two positions (para. [0048], regarding when the inspection of the shelf 101 is completed, and the user moves the position of the position detection system 1 to the front of the shelf 101B).
Regarding claim 7, Kamiya discloses the invention in claim 1, and further discloses wherein the plurality of different positions comprise at least three positions (as shown in fig. 6; see again para. [0048]).
Regarding claim 8, Kamiya discloses the invention in claim 1, and further discloses wherein the processor is further configured to specify a position of the wireless tag based on movement distances between a plurality of positions where the wireless tag to be searched is read (see again para. [0048]).
Regarding claim 9, Kamiya discloses the invention in claim 1, and further discloses wherein the position detection sensor is an acceleration sensor, a gyro sensor, or an azimuth sensor (para. [0075], regarding the direction in which the directivity of the antenna 11 of the tag reader 10 is maximized can be detected by a gyro and/or compass built in the tag reader 10).
Regarding claim 10, Kamiya discloses a wireless tag search method (abstract), comprising:
acquiring information indicating a self position of an information processing apparatus at which a signal is received from a wireless tag that is a target (see again para. [0048]);
storing the self position in association with a reading result that is based on the signal received from the wireless tag (para. [0074], regarding when the position detection system 1 recognizes that it is staying in front of a certain fixture, the position detection system 1 displays the recognized position as a bright spot; therefore, the position detection system 1 recognizes its own position); and
specifying an area where the wireless tag exists based on stored reading results of the wireless tag obtained at a plurality of different positions (para. [0049], regarding the position detection system 1 recognizes all of the product item RFID tags 30Q detected in front of the hanger rack 102 during the staying time where a radio wave from the position RFID tag 30P exceeds a predetermined RSSI).
Regarding claim 15, Kamiya discloses the invention in claim 10, and further discloses wherein the plurality of different positions comprise at least two positions (para. [0048], regarding when the inspection of the shelf 101 is completed, and the user moves the position of the position detection system 1 to the front of the shelf 101B).
Regarding claim 16, Kamiya discloses the invention in claim 10, and further discloses wherein the plurality of different positions comprise at least three positions (as shown in fig. 6; see again para. [0048]).
Regarding claim 17, Kamiya discloses the invention in claim 10, and further discloses the invention further comprising: specifying a position of the wireless tag based on movement distances between a plurality of positions where the wireless tag to be searched is read (see again para. [0048]).
Regarding claim 18, Kamiya discloses a radio frequency identification tag communication device (abstract, regarding a wireless position detection system), comprising:
a communication device (tag reader 11; fig. 1) configured to communicate with a radio frequency identification tag that is a target (as shown in fig. 1);
a position detection sensor (radio wave information detection unit 13; fig. 1) configured to detect information indicating a self position of the radio frequency identification tag communication device (para. [0036], regarding since the phase is determined according to the distance between the tag reader 10 and the RFID tag 30, the radio wave information detection unit 13 can detect the phase unique to the position of the antenna 11; para. [0048], regarding the position detection system 1 determines that the position detection system 1 is positioned in front of the shelf 101B when a radio wave from the position RFID tag 30PB exceeds a predetermined RSSI, recognizes all of the response radio waves received from the product item RFID tags 30Q during the staying time; fig. 1);
a memory (storage unit 23; fig. 1) configured to store the self position, which is specified based on the information detected by the position detection sensor, in association with a reading result of reading the radio frequency identification tag by the communication device (para. [0041], regarding in the control unit 22, information on the ID stored in a tag and the radio wave that has been detected by the tag reader 10 is provided each time the information is detected, and is stored together with the time information as data); and
a processor (control unit 22; fig. 1) configured to specify a position of the wireless tag based on reading results of the radio frequency identification tag at a plurality of different positions that are stored in the memory (see again para. [0048]).
Allowable Subject Matter
Claims 2-5 and 19-20 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) in this Office action and to include all of the limitations of the base claim and any intervening claims. Specifically, the prior art does not appear to teach:
With regard to claims 2 and 19, wherein the memory stores a first reading result of reading the wireless tag when the self position is a first position and a second reading result of reading the wireless tag when the self position is a second position different from the first position, and the processor specifies an area where the wireless tag exists based on an overlapping area between a first reading area when the wireless tag is read at the first position and a second reading area when the wireless tag is read at the second position.
With regard to claims 3 and 20, wherein the processor reads the wireless tag in the second reading area narrower than the first reading area from the second position by decreasing an output value of an output signal of the communication device after reading the wireless tag in the first reading area from the first position, and specifies an area where the wireless tag exists based on an overlapping area between the first reading area and the second reading area.
With regard to claim 4, wherein the memory stores a first reading result of reading the wireless tag when the self position is a first position, a second reading result of reading the wireless tag when the self position is a second position different from the first position, and a third reading result of reading the wireless tag when the self position is a third position different from the second position, and the processor determines the position of the wireless tag based on a first direction from the first position to the wireless tag and a second direction from the second position to the wireless tag, which are determined based on the first reading result, the second reading result, and the third reading result stored in the memory.
With regard to claim 5, wherein the processor determines the first direction from the first position to the wireless tag based on a ratio of a movement distance from the first position to the second position to a difference distance, the difference distance being between a distance from the first position to the wireless tag and a distance from the second position to the wireless tag, and determines the second direction from the second position to the wireless tag based on a ratio of a movement distance from the second position to the third position to a difference distance, the difference distance being between the distance from the second position to the wireless tag and a distance from the third position to the wireless tag.
Conclusion
The cited references made of record in the contemporaneously filed PTO-892 form and not relied upon in the instant office action are considered pertinent to applicant's disclosure, and may have one or more of the elements in Applicant’s disclosure and at least claim 1.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRADY W FRAZIER whose telephone number is (469)295-9263. The examiner can normally be reached Monday-Friday 9:00am-5:00pm CT.
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/BRADY W FRAZIER/Primary Examiner, Art Unit 3648