DETAILED ACTION
Status of the Claims
This office action is in response to communication(s) filed on 01/02/2026.
Claims 1-67 have been cancelled.
Claims 68-92 are newly added for consideration.
Claims 68-92 are currently pending.
Election/Restrictions by Original Presentation
Claims 68-92 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected group, there being no allowable generic or linking claim.
It is noted that Election by Original Presentation is not limited to claim amendments relative to the originally presented claims. See MPEP 819 in which the examiner may permit a shift in claim scope (e.g. from one invention to another). In the present application, the examiner has permitted a shift in claim scope from the originally filed claims to the currently pending claims. Furthermore, MPEP 821.03 states “Claims added by amendment following action by the examiner, as explained in MPEP § 818.02(a), and drawn to an invention other than the one previously claimed, should be treated as indicated in 37 CFR 1.145” (emphasis added to highlight the fact that the broader term “previously claimed” is referenced instead of “originally presented”). Even further, impermissible invention shift via a reply by applicant following an office action is not governed by unity of invention analysis for national stage applications. See MPEP 823 stating “However, the guidance set forth in this chapter with regard to other substantive and procedural matters (e.g., double patenting rejections (MPEP § 804), election and reply by applicant (MPEP § 818), and rejoinder of nonelected inventions (MPEP § 821.04) generally applies to national stage applications submitted under 35 U.S.C. 371”.
Newly submitted claims 68-92 are directed to an invention that is independent or distinct from the invention originally claimed for the following reasons:
Inventions A (before amendment) and B (after amendment) are directed to determining a distance between two devices, located within the same room and determining a real-time location of a portable wireless tag in a medical facility with a plurality of rooms, respectively (expressed in methods, apparatus/system claim formats).
The related inventions are distinct if: (1) the inventions as claimed are either not capable of use together or can have a materially different design, mode of operation, function, or effect; (2) the inventions do not overlap in scope, i.e., are mutually exclusive; and (3) the inventions as claimed are not obvious variants. See MPEP § 806.05(j).
In the instant case, the inventions as claimed do not overlap in scope because Invention B includes the additional recitations of causing transmission, to a network, a location indication of the location of the portable wireless tag. In sharp contrast, Invention A recites a method performed by a first device, comprising determining, by a first device, that a second device is located in the same room as the first device.
Restriction for examination purposes as indicated is proper because all the inventions listed in this action are independent or distinct for the reasons given above and there would be a serious search and/or examination burden if restriction were not required because one or more of the following reasons apply:
The inventions require a different field of search because they involve different search strategies or search queries. In particular and for example, the limitations of Invention A involving determining, by a first device, that a second device is co-located in the same room and a distance to the second device, based on a signals communicated between the first and second device, as well as subsequently establishing communication with the second device, requires a different search strategy than Invention B which involves determining a real-time location of a portable wireless tag in a medical facility with a plurality of rooms, wherein the wireless tag receives at least one a first wireless signal from at least one wireless stationary node of the plurality of wireless stationary nodes that is co-located in the same room, the first wireless signal including an infrared signal with a respective node indication, exchanging second wireless signals with at least a portion of the plurality of wireless stationary nodes, the second wireless signals including an ultrawideband signal, computing a node distance to each one of at least a portion of the plurality of wireless stationary nodes based on the second wireless signals, determining a nearest distance to a nearest one of the plurality of wireless stationary nodes that is co-located in the same room as the portable wireless tag as well as a location of the portable wireless tag, based on a node distance and the at least one first wireless signal, and subsequently causing transmission of a location indication of the portable wireless tag to a network.
Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claims 68-92 withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
The amendment filed on January 2nd, 2026 canceling all claims drawn to the elected invention (by very substantially amending the pending claims as detailed above) and presenting only claims drawn to a non-elected invention is non-responsive (MPEP § 821.03) and has not been entered. The remaining claims are not readable on the elected invention because of the reasons detailed above.
To preserve a right to petition, the reply to this action must distinctly and specifically point out supposed errors in the restriction requirement. Otherwise, the election shall be treated as a final election without traverse. Traversal must be timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are subsequently added, applicant must indicate which of the subsequently added claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
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 GABRIELLE N DAI whose telephone number is (571)272-6693. The examiner can normally be reached Mon - Thu. 8:30am - 5:30pm.
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, AKWASI SARPONG can be reached at (571) 270-3438. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GABRIELLE N DAI/Examiner, Art Unit 2681
/AKWASI M SARPONG/SPE, Art Unit 2681
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