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 .
Status of claims: claims 1-17 are examined below.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12/22/2023 was filed and considered. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “an acquisition module configured to” in claim 14, “a first determination module configured to” in claim 14, and “a second determination module configured to” in claim 14.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 16 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because they recite “A computer readable storage medium ---” where the computer readable medium is not claimed to be non-transitory. Therefore, the broadest reasonable interpretation of “computer readable storage medium” includes signals per se, rendering claims 16 subject matter ineligible. It is noted that Applicant’s specification in paragraph 0188 of the originally filed specification recites “… the computer readable storage medium may be a non-transitory computer readable storage medium”, however, because of the word “may”, it is not considered to be a “special definition or disavowal to exclude signals as it is merely a statement directed to claim construction itself and thus does not clearly set forth a special definition of the claim term that differs from the plain and ordinary meaning it would otherwise possess. See MPEP 2111.01(IV).
Claims 17 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because they recite “A computer program product ---” where the computer program product was first mentioned in paragraph 0186 as computer-readable storage medium, which is further detail in 0188 which is not claimed to be non-transitory. Therefore, the broadest reasonable interpretation of “computer program product” includes signals per se, rendering claims 17 subject matter ineligible. It is noted that Applicant’s specification in paragraph 0188 of the originally filed specification recites “… the computer readable storage medium may be a non-transitory computer readable storage medium”, however, because of the word “may”, it is not considered to be a “special definition or disavowal to exclude signals as it is merely a statement directed to claim construction itself and thus does not clearly set forth a special definition of the claim term that differs from the plain and ordinary meaning it would otherwise possess. See MPEP 2111.01(IV).
Claim Rejections - 35 USC § 102
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.
Claims 1-2 and 14-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WANG et al (US 2022/0110049)
Claim 1:
WANG et al (US 2022/0110049) anticipated the following subject matter:
A method of processing a positioning information, comprising:
acquiring, in response to a positioning request, a distance information of each of a plurality of base stations for a terminal device (0060 teaches request location information between terminal device and pre-selected cells (base stations), where 0058 detail distance D between locations of base stations and terminal device);
determining, based on a plurality of distance information, a first position information of the terminal device in a first reference system determined based on the plurality of base stations (0058 teaches terminal device calculated distance D between first, second…locations of base stations; figure 3 and 0050 and 0062 detail distance and velocity of the terminal device and plurality of base station; 0043 detail terminal device with current location using global positioning system (GPS/reference system/coordinate)); and
determining a positioning information of the terminal device for a target object based on the first position information and a position information of the target object (figure 3 and 0052 and 0062, and 0058 teaches position information and distance of terminal device/target object (cell phone)), wherein the position information of the target object is determined from a tomography result (0043 detail location information base on GPS (tomography result)).
Claim 2:
The method according to claim 1, wherein the plurality of base stations comprises a plurality of base station groups meeting a predetermined condition, and the predetermined condition indicates that a plurality of base stations in the base station group are not coplanar (0036 and figure 1 and 0038 teaches terminal device and base stations (on land and satellite) over surface of earth (not coplanar));
wherein the determining, based on a plurality of distance information, a first position information of the terminal device in a first reference system determined based on the plurality of base stations comprises (figure 3 and 0052, 0058, 0062; 0058 teaches first, second…base station with first, second location information to terminal device with position/coordinate; figure 3 and 0052 detail plurality of base stations and movement of terminal device):
determining, for each base station group, a second position information of the terminal device in the first reference system based on a plurality of distance information related to the base station group (0058 teaches first, second…position information due to movement and direction of terminal device with calculating distance D from base stations; figure 3 detail movement direction of cell phone (terminal device) with first and second location through base stations); and
determining the first position information based on a plurality of second position information respectively related to the plurality of base station groups (figure 3, 0052, 0058, 0062).
Claim 14:
WANG et al (US 2022/0110049) anticipated the following subject matter:
An apparatus of processing a positioning information, comprising:
an acquisition module configured to acquire, in response to a positioning request, a distance information of each of a plurality of base stations for a terminal device (0060 teaches request location information between terminal device and pre-selected cells (base stations), where 0058 detail distance D between locations of base stations and terminal device);
a first determination module configured to determine, based on a plurality of distance information, a first position information of the terminal device in a first reference system determined based on the plurality of base stations (0058 teaches terminal device calculated distance D between first, second…locations of base stations; figure 3 and 0050 and 0062 detail distance and velocity of the terminal device and plurality of base station; 0043 detail terminal device with current location using global positioning system (GPS/reference system/coordinate)); and
a second determination module configured to determine a positioning information of the terminal device for a target object based on the first position information and a position information of the target object (figure 3 and 0052 and 0062, and 0058 teaches position information and distance of terminal device/target object (cell phone)), wherein the position information of the target object is determined from a tomography result (0043 detail location information base on GPS (tomography result)).
Claim 15:
An electronic device, comprising:
one or more processors; and a memory configured to store one or more instructions, wherein the one or more instructions are configured to, when executed by the one or more processors, cause the one or more processors to implement the method of claim 1 (0018-0019 teaches use of processor and memory).
Claim 16:
A computer readable storage medium having executable instructions therein, wherein the executable instructions are configured to, when executed by a processor, cause the processor to implement the method of claim 1 (0018-0019 teaches use of processor and memory).
Claim 17:
A computer program product containing computer executable instructions, wherein the computer executable instructions are configured to, when executed, implement the method of claim 1 (0018-0019 teaches use of processor and memory with instructions).
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 4 is rejected under 35 U.S.C. 103 as being unpatentable over WANG et al (US 2022/0110049) in view of O'Reilly (US 2010/0178928).
Claim 4:
WANG et al (US 2022/0110049) teaches all the subject matter above.
WANG et al (US 2022/0110049) do not teach the following subject matter:
The method according to claim 2, wherein the determining the first position information based on a plurality of second position information respectively related to the plurality of base station groups comprises: acquiring a set of historical position information of the terminal device in the first reference system; determining, based on the set of historical position information, a predicted position information of the terminal device at a request initiation moment of the positioning request; and
determining the first position information based on the predicted position information and the plurality of second position information.
O'Reilly (US 2010/0178928) teaches the following subject matter:
The method according to claim 2, wherein the determining the first position information based on a plurality of second position information respectively related to the plurality of base station groups comprises: acquiring a set of historical position information of the terminal device in the first reference system; determining, based on the set of historical position information, a predicted position information of the terminal device at a request initiation moment of the positioning request; and
determining the first position information based on the predicted position information and the plurality of second position information (figures 2, 3and 4 and 0030 detail mobile device 200', however it is understood by one of ordinary skill in the art that any mobile device, e.g., 200, 200', 200'', etc., may be used. The reservation service determines possible future locations for the user 200' based on, for example, the user's current location, the direction the user is traveling in, the user's speed, user information known to the service provider (e.g., a map of base stations, user location history, etc.), existing network conditions, etc. For example, GPS 280 and AMS 270 may be used to locate user 200' and determine a movement vector for user 200' in order to predict the user's future locations, e.g., next cell or cells (base stations)).
WANG et al and O'Reilly are both in the field of tracking terminal device over base station using positions in and out of base stations such that the combine outcome is predictable.
Therefore it would have been obvious to one having ordinary skill before the effective filing date to modify WANG et al by O'Reilly such prediction allows the reservation of capacity for the terminal device in advance of use as disclosed by O'Reilly in 0030.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over WANG et al (US 2022/0110049) in view of Porzio Giusto (US 2013/0310074).
Claim 9:
WANG et al (US 2022/0110049) teaches all the subject matter above.
WANG et al (US 2022/0110049) do not teach the following subject matter:
The method according to claim 2, wherein the determining the first position information based on a plurality of second position information respectively related to the plurality of base station groups comprises: determining information weights respectively related to the plurality of second position information based on signal attenuation amounts of the plurality of base station groups; and determining the first position information based on the plurality of second position information and the information weights respectively related to the plurality of second position information.
Porzio Giusto (US 2013/0310074) teaches the following subject matter:
The method according to claim 2, wherein the determining the first position information based on a plurality of second position information respectively related to the plurality of base station groups comprises: determining information weights respectively related to the plurality of second position information based on signal attenuation amounts of the plurality of base station groups; and determining the first position information based on the plurality of second position information and the information weights respectively related to the plurality of second position information (0143-0146 teaches consideration of information weight and level of signal attenuation with distance between mobile terminal and base stations (plurality of base stations group and second position information)).
WANG et al and Porzio Giusto are both in the field of tracking terminal device over base station using positions in and out of base stations such that the combine outcome is predictable.
Therefore it would have been obvious to one having ordinary skill before the effective filing date to modify WANG et al by Porzio Giusto such information weight improve the detemination of position calculated by different weight with the estitmated distance as disclosed by Porzio Giusto in 00143.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over WANG et al (US 2022/0110049) in view of Lee (US 2002/0167444).
Claims 10:
WANG et al (US 2022/0110049) teaches all the subject matter above.
WANG et al (US 2022/0110049) do not teach the following subject matter:
The method according to claim 2, wherein the determining the first position information based on a plurality of second position information respectively related to the plurality of base station groups comprises: calculating an average value of coordinates indicated by the plurality of second position information, so as to obtain the first position information.
Lee (US 2002/0167444) teaches the following subject matter:
The method according to claim 2, wherein the determining the first position information based on a plurality of second position information respectively related to the plurality of base station groups comprises: calculating an average value of coordinates indicated by the plurality of second position information, so as to obtain the first position information (0026 teaches deciding base on average coordinate of the estimated positions of the base stations).
WANG et al and Lee are both in the field of tracking terminal device over base station using positions in and out of base stations such that the combine outcome is predictable.
Therefore it would have been obvious to one having ordinary skill before the effective filing date to modify WANG et al by Lee regarding average value of coordinate such position estimating function of the mobile terminal can be improved in proportion to the number of base stations that receive the signal of the mobile terminal as disclosed by Lee in paragraph 0068.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over WANG et al (US 2022/0110049) in view of Dupray (Us 2004/0198386).
Claim 12:
WANG et al (US 2022/0110049) teaches all the subject matter above.
WANG et al (US 2022/0110049) do not teach the following subject matter:
The method according to claim 1, further comprising: sending the positioning information to the terminal device, so as to display the positioning information on the terminal device.
Dupray (Us 2004/0198386) teaches the following subject matter:
The method according to claim 1, further comprising: sending the positioning information to the terminal device, so as to display the positioning information on the terminal device (0245 teaches display provides a means for communicating the position of the target MS 140 on a map display to an operator).
WANG et al and Dupray are both in the field of tracking terminal device over base station using positions in and out of base stations such that the combine outcome is predictable.
Therefore it would have been obvious to one having ordinary skill before the effective filing date to modify WANG et al by Dupray such providing GPS information to the MS to assist the MS in determining its location as disclosed by Dupray in paragraph 0245.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over WANG et al (US 2022/0110049) in view of Cyganski et al (US 2010/0277339).
Claim 13:
WANG et al (US 2022/0110049) teaches all the subject matter of scanning plurality of base stations with in the target search area with movement of terminal device in figure 3 and 0050.
WANG et al (US 2022/0110049) do not teach the following subject matter:
The method comprising: scanning a detection space formed by the plurality of base stations by using an electronic computer tomography scanner, so as to obtain the tomography result (0045 teaches the use of DFT Array Reconciliation Tomography ("DART”) for time-scan; figure 3 and 0038-0039 detail tomography result of the scan).
WANG et al and Cyganski et al are both in the field of tracking terminal device over base station using positions in and out of base stations (Cyganski et al teaches 0004 regarding estimating distance/position of base stations and mobile devices) such that the combine outcome is predictable.
Therefore it would have been obvious to one having ordinary skill before the effective filing date to modify WANG et al by Cyganski et al regarding use of tomograph scanner reduces the computational burden of the linear filtering disclosed by Cyganski et al in 0045.
Allowable Subject Matter
Claim 3 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The closest analogues art made of record, Marchenko et al (US 2012/0122484) teaches 0021 determining a mobile object's position both two-dimensionally and three-dimensionally. Although the predetermined environment in which localizing takes place can be variously embodied it ought preferably to be convex. For example, the predetermined environment can in the case of two-dimensional localizing be rectangular and in the case of three-dimensional localizing be cuboidal. The individual base stations are in a variant furthermore located on the edge of the predetermined environment, but do not teach the claim limitations, integrating elements, concept or language alone or in combination.
Claim 5, and further dependent claims 6 and 7, are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 8 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 11 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
HAMAUE et al (US 2010/0085904) teaches POWER CONTROL SYSTEM IN RADIO COMMUNICATION – 0008 teaches mobile station used in a radio communication system, comprising a prediction unit configured to predict an outside-communication-area-time taken for the mobile station to pass through a zone in which an intensity of a received radio wave from a base station detected in the mobile station is smaller than a specified value, the prediction being done on the basis of cell information indicating a location of the base stations and a communication area, and on the basis of movement history information indicating movement history of the mobile station; and an operation mode setting unit configured to set the mobile station to a low power consumption mode during an outside-communication-area-time obtained by the prediction unit.
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/TSUNG YIN TSAI/Primary Examiner, Art Unit 2656