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 .
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in EPO on 12/13/2022. It is noted, however, that applicant has not filed a certified copy of the EP22213159.1 application as required by 37 CFR 1.55.
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 17 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 17 lines 2-3, “the signal received from the at least one mobile device in the positioning system” lacks antecedent basis in the claim. Claim 9 recites “in response to receiving, by at least one anchor point or by at least one mobile device in a wireless positioning system, a signal comprising a number of signal samples (Sam1)”, but does not recite any signal received from the at least one mobile device.
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 9, 10, and 12-19 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 – Statutory Category
Claim 9 recites a radio receiver device and is therefore an apparatus.
Step 2A, Prong One – Recitation of a Judicial Exception
Claim 9 recites:
pre-processing each sample of the number of signal samples (Sam1) and therefrom providing a number of pre-processed samples (Sam2);
calculating a first confidence value (CV1) for the number of signal samples (Sam1) or for the number of pre-processed samples (Sam2);
performing a pre-estimation of a parameter using the number of pre- processed samples and therefrom providing a pre-estimated parameter (P1);
calculating a second confidence value (CV2) for the pre-estimated parameter (P1);
performing a final estimation of the parameter using the pre-estimated parameter and therefrom providing the estimated parameter (P2);
calculating a third confidence value (CV3) for the estimated parameter (P2);and
combining at least two of the first confidence value (CV1), the second confidence value (CV2) and the third confidence value (CV3) and therefrom providing the confidence value (CV) for the estimated parameter (P2).
These steps fall within the mathematical concepts grouping of abstract ideas enumerated in the 2019 PEG, as they include within their scope mathematical relationships and calculations.
Claim 9 therefore recites an abstract idea.
Step 2A, Prong Two – Practical Application
Claim 9 further recites:
the radio receiver device comprising at least one processor and at least one storage medium,
performing the pre-processing in response to receiving, by at least one anchor point or by at least one mobile device in a wireless positioning system, a signal comprising a number of signal samples (Sam1), and
wherein the confidence value (CV) is configured to be used in determining a position of the at least one mobile device based on the estimated parameter (P2).
Regarding the at least one processor and at least one storage medium, these are merely generic computer equipment.
Regarding performing the pre-processing in response to receiving, by at least one anchor point or by at least one mobile device in a wireless positioning system, a signal comprising a number of signal samples (Sam1), actions performed by the at least one anchor or by the at least one mobile device do not limit the scope of the claimed radio receiver device. To the extent that this limitation implies that the radio receiver device has received, directly or indirectly, the signal samples Sam1 from the anchor point or the at least one mobile device, such receipt comprises mere insignificant extra-solution activity, i.e. data gathering.
Regarding the confidence value (CV) configured to be used in determining a position of the at least one mobile device based on the estimated parameter (P2), this language merely generally links the use of the judicial exception to a particular field of use. The language does not require a position to be determined, but only describes the confidence value (CV) and estimated parameter (P2) as capable of being used to determine the position.
The courts have found that generic computer equipment, insignificant extra-solution activity, and general links to a particular field of use do not integrate an abstract idea into a practical application (MPEP 2106.04(d) I). These elements therefore do not integrate the judicial exception into a practical application of the exception.
Step 2B – Inventive Concept
As discussed in Step 2A, Prong Two above, the additional elements recited in the claim include generic computer equipment, insignificant extra-solution activity, and general links to a particular field of use. The courts have found that generic computer equipment, insignificant extra-solution activity, and general links to a particular field of use do not amount to significantly more, i.e. they do not amount to an inventive concept (MPEP 2106.5 A). These elements therefore do not amount to significantly more than the abstract idea itself, i.e. they do not amount to an inventive concept. Claim 9 is therefore not patent eligible.
Claim 10 recites the radio receive device implemented in an anchor point according to BLE, or in a mobile device according to BLE, or in a mobile device or based station according to 3GPP, or in a device according to WLAN or UWB. However these features merely generally link the abstract idea to a particular field of use, and therefore do not integrate the abstract idea into a practical application or add significantly more.
Claim 12 differs from claim 9 in reciting at least one tangible, non-transitory, computer readable storing medium storing instructions that are executed by one or more processors. However this is merely generic computer equipment that does not integrate the abstract idea into a practical application or add significantly more.
Claims 13-16, 18, and 19 recite further details of the mathematical concepts recited in claim 9 and therefore do not integrate the abstract idea into a practical application or add significantly more.
Claim 17 recites details that do not appear to provide any limit on the claimed radio receiver device, but merely describe the source of data procesed by the radio receiver device, and therefore do not integrate the abstract idea into a practical application or add significantly more.
Allowable Subject Matter
Claims 1-8 are allowed.
Claims 9, 10, and 12-19 would be allowable if the 35 U.S.C. 101 and 35 U.S.C. 112 rejections are overcome.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding independent claims 1, 9, and 12,
Avitzour (US 20170192083 A1) teaches receiving a signal comprising a number of signal samples and pre-processing each sample in order to determine the most likely location of the transmitting source (abstract; preprocessing 502, Fig. 5).
Jacobs (US 8170830 B2) teaches determining a position of an object by applying confidence weights to measured distances (claim 1).
Ardah (WO 2024075099 A1) teaches determining first, second, and third confidence values to first, second, and third position-related parameters (paras. [0007]-[0008]).
Maley (US 20230393267 A1) teaches combining first and second confidence levels to establish an overall confidence level (para. [0005]).
Lai (US 20020004697 A1) teaches summing confidence levels for range, bearing, altitude, and track angle of aircraft to identify if aircraft are similar or dissimilar (Fig. 2).
Smid (US 20090138151 A1) teaches weighting beacon range measurements by confidence indicators (para. [0036]).
Guo (US 20240085512 A1) teaches providing information of LOS or NLOS path based on a K-factor confidence level (para. [0032]).
However the prior art does not teach or make obvious:
calculating a first confidence value (CV1) for the number of signal samples (Sam1) or for the number of pre-processed samples (Sam2);
performing a pre-estimation of a parameter using the number of pre- processed samples and therefrom providing a pre-estimated parameter (P1);
calculating a second confidence value (CV2) for the pre-estimated parameter (P1);
performing a final estimation of the parameter using the pre-estimated parameter and therefrom providing the estimated parameter (P2);
calculating a third confidence value (CV3) for the estimated parameter (P2);and
combining at least two of the first confidence value (CV1), the second confidence value (CV2) and the third confidence value (CV3) and therefrom providing the confidence value (CV) for the estimated parameter (P2).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CASSI J GALT whose telephone number is (571)270-1469. The examiner can normally be reached Monday-Friday, 9AM - 5PM EST.
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/CASSI J GALT/Primary Examiner, Art Unit 3648