Prosecution Insights
Last updated: April 19, 2026
Application No. 18/541,408

POSITIONING SYSTEM, ACCESS CONTROL SYSTEM, AND POSITIONING METHOD

Final Rejection §103
Filed
Dec 15, 2023
Examiner
BROWN, VERNAL U
Art Unit
2686
Tech Center
2600 — Communications
Assignee
Alps Alpine Co., Ltd.
OA Round
2 (Final)
70%
Grant Probability
Favorable
3-4
OA Rounds
3y 2m
To Grant
80%
With Interview

Examiner Intelligence

Grants 70% — above average
70%
Career Allow Rate
817 granted / 1173 resolved
+7.7% vs TC avg
Moderate +10% lift
Without
With
+10.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
49 currently pending
Career history
1222
Total Applications
across all art units

Statute-Specific Performance

§101
3.4%
-36.6% vs TC avg
§103
52.7%
+12.7% vs TC avg
§102
27.5%
-12.5% vs TC avg
§112
8.0%
-32.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1173 resolved cases

Office Action

§103
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 . DETAILED ACTION This office action is in response to communication filed 7/23/25. Response to Amendment The examiner acknowledges the amendment of claims 1, 5 and the addition of claims 6-8 Response to Arguments Applicant’s arguments with respect to claim(s) 1-8 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. 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. Claim(s) 1-5 and 7-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cate et al. US Patent Application Publication 20240141711 in view of Todasco et al. US Patent Application Publication 20150348049 and further in view of Lu US Patent 6603420. Regarding claim 1, Cate et al. teaches a positioning system comprising: a transmitting and receiving part having a plurality of antennas and positioned overhead in a positioning target area where there is a side entrance (fig 1, 130A,130B represents antenna devices, paragraph 014-016); a distance calculation part configured to calculate a distance between a communication device that can move in the positioning target area, and the transmitting and receiving part, based on results gained from signals of a plurality of frequencies transmitted bidirectionally between the communication device and the transmitting and receiving part (paragraph 015,019); an angle calculation part configured to calculate an angle that indicates a position of the communication device with respect to the transmitting and receiving part, based on a phase difference between the signals received by the plurality of antennas of the transmitting and receiving part (paragraph 019023,025); and a determining part configured to determine whether or not the communication device is approaching the entrance based on the distance calculated by the distance calculation part and the angle calculated by the angle calculation part (paragraph 025). Cate et al. is silent on teaching determining if the communication device is approaching the side entrance. Todasco et al. in an analogous art teaches determining if the communication device is approaching the side entrance or the main entrance (paragraph 077). Cate in view of Todasco is silent on teaching the determining part is configured to determine whether or not the communication device is present in a determining area provided in front of the side entrance, based on whether XYZ coordinates of the communication device, calculated from the distance and the angle, satisfy threshold conditions in three orthogonal directions stored in a memory. Lu in an analogous art teaches the determining part is configured to determine whether or not the communication device is present in a determining area provided in front of the side entrance, based on whether XYZ coordinates of the communication device, calculated from the distance and the angle, satisfy threshold conditions in three orthogonal directions stored in a memory (col. 3 line 61-col. 4 line 11, col. 5 line 20-col. 6 line 15). It would have been obvious to one of ordinary skill in the art to modify the system of Cate et al. as disclosed by Todasco in view of Lu because the position detecting system is suitable for detecting a mobile device approaching the side door entrance or a main door entrance and is based on the application environment of the positioning system. The modification disclosed by Lu further improve the accuracy of determining the position of the control device. Regarding claim 2, Cate et al. teaches a storage part configured to store position data that indicates a position of the side entrance, wherein the determining part determines whether or not the communication device is approaching the entrance based on the position data, the distance calculated by the distance calculation part, and the angle calculated by the angle calculation part (distance information is programmed in memory, paragraph 028,030,039). Cate et al. is silent on teaching determining if the communication device is approaching the side entrance. Todasco et al. in an analogous art teaches determining if the communication device is approaching the side entrance or the main entrance (paragraph 077). It would have been obvious to one of ordinary skill in the art to modify the system of Cate et al. as disclosed by Todasco because the position detecting system is suitable for detecting a mobile device approaching the side door entrance or a main door entrance and is based on the application environment of the positioning system. Regarding claim 3, Cate et al. teaches an authentication process part configured to execute an authentication process by using an identifier of the communication device or an identifier of a moving body that can move with the communication device (paragraph 010, 025); and a closing and opening part configured to open and close, on a switching basis, a gate that is provided at the side entrance, wherein, when the determining part determines that the distance between the communication device and the side entrance is within a predetermined distance and that the authentication process by the authentication process part is successfully completed, the locking and unlocking part unlocks the gate (paragraph 022). Cate et al. is silent on teaching determining if the communication device is approaching the side entrance. Todasco et al. in an analogous art teaches determining if the communication device is approaching the side entrance or the main entrance (paragraph 077). Todasco et al teaches locking and unlocking the barrier based on the distance of the communication device from the barrier (paragraph 078). It would have been obvious to one of ordinary skill in the art to modify the system of Cate et al. as disclosed by Todasco because the position detecting system is suitable for detecting a mobile device approaching the side door entrance or a main door entrance and is based on the application environment of the positioning system. Regarding claim 4, Cate et al. teaches a predetermined period of time passes after the communication device moves out of the positioning target area through the entrance, the closing and opening of the gate (paragraph 035). Cate et al. is silent on teaching determining if the communication device is approaching the side entrance. Todasco et al. in an analogous art teaches determining if the communication device is approaching the side entrance or the main entrance (paragraph 077). Todasco et al teaches locking and unlocking the barrier based on the distance of the communication device from the barrier (paragraph 078). It would have been obvious to one of ordinary skill in the art to modify the system of Cate et al. as disclosed by Todasco because the position detecting system is suitable for detecting a mobile device approaching the side door entrance or a main door entrance and is based on the application environment of the positioning system. Regarding claim 5, Cates teaches a positioning method for use in a positioning system including: a transmitting and receiving part having a plurality of antennas and positioned overhead in a positioning target area where there is an entrance (fig 1, 130A,130B represents antenna devices, paragraph 014-016); a distance calculation part configured to calculate a distance between a communication device that can move in the positioning target area, and the transmitting and receiving part, based on results gained from signals of a plurality of frequencies transmitted bidirectionally between the communication device and the transmitting and receiving part (paragraph 015,019); and an angle calculation part configured to calculate an angle that indicates a position of the communication device with respect to the transmitting and receiving part, based on a phase difference between the signals received by the plurality of antennas of the transmitting and receiving part, the positioning method comprising determining whether or not the communication device is approaching the entrance based on the distance calculated by the distance calculation part and the angle calculated by the angle calculation part (paragraph 025). Cate et al. is silent on teaching determining if the communication device is approaching the side entrance. Todasco et al. in an analogous art teaches determining if the communication device is approaching the side entrance or the main entrance (paragraph 077). Cate in view of Todasco is silent on teaching the determining part is configured to determine whether or not the communication device is present in a determining area provided in front of the side entrance, based on whether XYZ coordinates of the communication device, calculated from the distance and the angle, satisfy threshold conditions in three orthogonal directions stored in a memory. Lu in an analogous art teaches the determining part is configured to determine whether or not the communication device is present in a determining area provided in front of the side entrance, based on whether XYZ coordinates of the communication device, calculated from the distance and the angle, satisfy threshold conditions in three orthogonal directions stored in a memory (col. 3 line 61-col. 4 line 11, col. 5 line 20-col. 6 line 15). It would have been obvious to one of ordinary skill in the art to modify the system of Cate et al. as disclosed by Todasco in view of Lu because the position detecting system is suitable for detecting a mobile device approaching the side door entrance or a main door entrance and is based on the application environment of the positioning system. The modification disclosed by Lu further improve the accuracy of determining the position of the control device. Regarding claim 7, Cate teaches the determining part is configured to: determine whether the communication device is present in any one of a plurality of determining areas respectively provided in front of a plurality of side entrances; perform execute an authentication process by using an identifier of the communication device or an identifier of a moving body that can move with the communication device, upon determining that the communication device is present in one of the determining areas; and unlock a gate that is provided at the side entrance upon successfully completing the authentication process (paragraph 025). Regarding claim 8, Cate teaches the distance calculation part and the angle calculation part are configured to start the calculation of the distance when a radio signal transmitted from the communication device is received by the transmitting and receiving part (paragraph 024-025). Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cate et al. US Patent Application Publication 20240141711 in view of Todasco et al. US Patent Application Publication 20150348049 in view of Lu US Patent 6603420 and further in view of Nishi et al. US Patent Application Publication 20220276548. Regarding claim 6, Cate in view of Todasco in view of Lu is silent on teaching the XYZ coordinates are obtained by converting polar coordinates including distance, an elevation angle and an azimuth angle into cartesian coordinates. Nishi et al. in an analogous art teaches the XYZ coordinates are obtained by converting polar coordinates including distance, an elevation angle and an azimuth angle into cartesian coordinates (paragraph 055-056). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the system of Cate in view of Todasco in view of Lu as disclosed by Nishi because such modification represents the substitution of one type or coordinate for another for specifying the position of the device. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 VERNAL U BROWN whose telephone number is (571)272-3060. The examiner can normally be reached Monday-Friday, 8AM-5PM, EST. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Lim can be reached at 571 270 1210. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /VERNAL U BROWN/Primary Examiner, Art Unit 2686
Read full office action

Prosecution Timeline

Dec 15, 2023
Application Filed
May 02, 2025
Non-Final Rejection — §103
Jul 23, 2025
Response Filed
Oct 08, 2025
Final Rejection — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
70%
Grant Probability
80%
With Interview (+10.4%)
3y 2m
Median Time to Grant
Moderate
PTA Risk
Based on 1173 resolved cases by this examiner. Grant probability derived from career allow rate.

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