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
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
Drawings
The subject matter of this application admits of illustration by a drawing to facilitate understanding of the invention. Applicant is required to furnish a drawing under 37 CFR 1.81(c). No new matter may be introduced in the required drawing. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d).
Specification
The following guidelines illustrate the preferred layout for the specification of a utility application. These guidelines are suggested for the applicant’s use.
Arrangement of the Specification
As provided in 37 CFR 1.77(b), the specification of a utility application should include the following sections in order. Each of the lettered items should appear in upper case, without underlining or bold type, as a section heading. If no text follows the section heading, the phrase “Not Applicable” should follow the section heading:
(a) TITLE OF THE INVENTION.
(b) CROSS-REFERENCE TO RELATED APPLICATIONS.
(c) STATEMENT REGARDING FEDERALLY SPONSORED RESEARCH OR DEVELOPMENT.
(d) THE NAMES OF THE PARTIES TO A JOINT RESEARCH AGREEMENT.
(e) INCORPORATION-BY-REFERENCE OF MATERIAL SUBMITTED ON A READ-ONLY OPTICAL DISC, AS A TEXT FILE OR AN XML FILE VIA THE PATENT ELECTRONIC SYSTEM.
(f) STATEMENT REGARDING PRIOR DISCLOSURES BY THE INVENTOR OR A JOINT INVENTOR.
(g) BACKGROUND OF THE INVENTION.
(1) Field of the Invention.
(2) Description of Related Art including information disclosed under 37 CFR 1.97 and 1.98.
(h) BRIEF SUMMARY OF THE INVENTION.
(i) BRIEF DESCRIPTION OF THE SEVERAL VIEWS OF THE DRAWING(S).
(j) DETAILED DESCRIPTION OF THE INVENTION.
(k) CLAIM OR CLAIMS (commencing on a separate sheet).
(l) ABSTRACT OF THE DISCLOSURE (commencing on a separate sheet).
Content of Specification
(a) TITLE OF THE INVENTION: See 37 CFR 1.72(a) and MPEP § 606. The title of the invention should be placed at the top of the first page of the specification unless the title is provided in an application data sheet. The title of the invention should be brief but technically accurate and descriptive, preferably from two to seven words. It may not contain more than 500 characters.
(b) CROSS-REFERENCES TO RELATED APPLICATIONS: See 37 CFR 1.78 and MPEP § 211 et seq.
(c) STATEMENT REGARDING FEDERALLY SPONSORED RESEARCH OR DEVELOPMENT: See MPEP § 310.
(d) THE NAMES OF THE PARTIES TO A JOINT RESEARCH AGREEMENT. See 37 CFR 1.71(g).
(e) INCORPORATION-BY-REFERENCE OF MATERIAL SUBMITTED ON A READ-ONLY OPTICAL DISC, AS A TEXT FILE OR AN XML FILE VIA THE PATENT ELECTRONIC SYSTEM: The specification is required to include an incorporation-by-reference of electronic documents that are to become part of the permanent United States Patent and Trademark Office records in the file of a patent application. See 37 CFR 1.77(b)(5) and MPEP § 608.05. See also the Legal Framework for Patent Electronic System posted on the USPTO website (https://www.uspto.gov/sites/default/files/documents/2019LegalFrameworkPES.pdf) and MPEP § 502.05
(f) STATEMENT REGARDING PRIOR DISCLOSURES BY THE INVENTOR OR A JOINT INVENTOR. See 35 U.S.C. 102(b) and 37 CFR 1.77.
(g) BACKGROUND OF THE INVENTION: See MPEP § 608.01(c). The specification should set forth the Background of the Invention in two parts:
(1) Field of the Invention: A statement of the field of art to which the invention pertains. This statement may include a paraphrasing of the applicable U.S. patent classification definitions of the subject matter of the claimed invention. This item may also be titled “Technical Field.”
(2) Description of the Related Art including information disclosed under 37 CFR 1.97 and 37 CFR 1.98: A description of the related art known to the applicant and including, if applicable, references to specific related art and problems involved in the prior art which are solved by the applicant’s invention. This item may also be titled “Background Art.”
(h) BRIEF SUMMARY OF THE INVENTION: See MPEP § 608.01(d). A brief summary or general statement of the invention as set forth in 37 CFR 1.73. The summary is separate and distinct from the abstract and is directed toward the invention rather than the disclosure as a whole. The summary may point out the advantages of the invention or how it solves problems previously existent in the prior art (and preferably indicated in the Background of the Invention). In chemical cases it should point out in general terms the utility of the invention. If possible, the nature and gist of the invention or the inventive concept should be set forth. Objects of the invention should be treated briefly and only to the extent that they contribute to an understanding of the invention.
(i) BRIEF DESCRIPTION OF THE SEVERAL VIEWS OF THE DRAWING(S): See MPEP § 608.01(f). A reference to and brief description of the drawing(s) as set forth in 37 CFR 1.74.
(j) DETAILED DESCRIPTION OF THE INVENTION: See MPEP § 608.01(g). A description of the preferred embodiment(s) of the invention as required in 37 CFR 1.71. The description should be as short and specific as is necessary to describe the invention adequately and accurately. Where elements or groups of elements, compounds, and processes, which are conventional and generally widely known in the field of the invention described, and their exact nature or type is not necessary for an understanding and use of the invention by a person skilled in the art, they should not be described in detail. However, where particularly complicated subject matter is involved or where the elements, compounds, or processes may not be commonly or widely known in the field, the specification should refer to another patent or readily available publication which adequately describes the subject matter.
(k) CLAIM OR CLAIMS: See 37 CFR 1.75 and MPEP § 608.01(m). The claim or claims must commence on a separate sheet or electronic page (37 CFR 1.52(b)(3)). Where a claim sets forth a plurality of elements or steps, each element or step of the claim should be separated by a line indentation. There may be plural indentations to further segregate subcombinations or related steps. See 37 CFR 1.75 and MPEP 608.01(i) - (p).
(l) ABSTRACT OF THE DISCLOSURE: See 37 CFR 1.72 (b) and MPEP § 608.01(b). The abstract is a brief narrative of the disclosure as a whole, as concise as the disclosure permits, in a single paragraph preferably not exceeding 150 words, commencing on a separate sheet following the claims. In an international application which has entered the national stage (37 CFR 1.491(b)), the applicant need not submit an abstract commencing on a separate sheet if an abstract was published with the international application under PCT Article 21. The abstract that appears on the cover page of the pamphlet published by the International Bureau (IB) of the World Intellectual Property Organization (WIPO) is the abstract that will be used by the USPTO. See MPEP § 1893.03(e).
The specification is objected to for missing a detailed description of the invention as well as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). A substitute specification is required.
A substitute specification must not contain new matter. The substitute specification must be submitted with markings showing all the changes relative to the immediate prior version of the specification of record. The text of any added subject matter must be shown by underlining the added text. The text of any deleted matter must be shown by strike-through except that double brackets placed before and after the deleted characters may be used to show deletion of five or fewer consecutive characters. The text of any deleted subject matter must be shown by being placed within double brackets if strike-through cannot be easily perceived. An accompanying clean version (without markings) and a statement that the substitute specification contains no new matter must also be supplied. Numbering the paragraphs of the specification of record is not considered a change that must be shown.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 2-3 are rejected on the ground of nonstatutory double patenting as being unpatentable over Claim 1 of U.S. Patent No. 11,914,856.
Instant Application
US 11,914,856
Claim 2. A method for importing editing and creating Zones through a GUI, which designate a user defined area within the boundary of a fixed, Reader monitored, area.
Claim 1. A system for use with:
an area; . . .
. . . wherein the control apparatus comprises a computing functionality adapted to display a representation of the area, the zones and the tags in the area,
wherein the computing functionality is configured for user definition of the zones by the creation of a boundary on the display with one or more of a mouse, importing, stylus or touchscreen.
Claim 3. A method for creating automated workflows using user defined criteria (known as the Trigger), a user defined resulting action (known as the Action) and a user defined scope of which tags and user defined Zones are used to form.
Claim 1. A system for use with: . . .
. . . a plurality of user-defined workflows, each user-defined workflow having one or more one trigger conditions, each trigger condition being associated with at least one of a zone and a tag and being a function of one or more of a plurality of predetermined trigger criteria; and
one or more associated actions selected from a plurality of predetermined actions,
and control apparatus adapted to:
receive the identifiers and readings from the receiver apparatus;
determine based upon the identifiers and readings if any of the one or more trigger conditions of any of the workflows has been met, and
automatically take the one or more actions associated with each workflow having the one or more trigger conditions thereof determined to have been met . . .
Although the conflicting claims are not identical, they are not patentably distinct from each other because the Patent claims include all the limitations of the instant application claims, respectively. The patent claims also include additional limitations. Hence, the instant application claims are generic to the species of invention covered by the respective patent claims. As such, the instant application claims are anticipated by the patent claims and are therefore not patentably distinct therefrom (See Eli Lilly and Co. v. Barr Laboratories Inc., 58 USPQ2D 1869, " a later genus claim limitation is anticipated by, and therefore not patentably distinct from, an earlier species claim", In re Goodman, 29 USPQ2d 2010, "Thus, the generic invention is 'anticipated' by the species of the patented invention" and the instant “application claims are generic to species of invention covered by the patent claim, and since without terminal disclaimer, extant species claim preclude issuance of generic application claims”).
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 (i.e., changing from AIA to pre-AIA ) 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 and 3 are rejected under 35 U.S.C. 102(a)(1) & 102(a)(2) as being anticipated by Caso (US 2017/0017815).
Regarding Claim 1, Caso teaches a method (Fig. 3) for dynamically spatially visualizing in real time or historically tag localization and sensing data in a User Interface through the combined GUI elements of the Floor Layout view ([0055-0056], apparent from the capabilities of this system that location mapping for a commercial workflow embodiment is possible using assets that are tagged with mesh-integrated badges, tags, of hardware. After gathering asset location over time, a history of asset location can be displayed in variable playback speeds. Multiple assets can be selected for location and time-tracking. In addition, environmental and activity data can tracked, Fig. 3, illustration 300 of location/activity tracking for a user and equipment, The mapping 330 can be historical to record the break status, to provide environmental, activity tracking of the technician 310 and equipment 320. In some embodiments, 3-D imaging or tracking can be provided. This configuration using Smart Badges with asset tagging correlates users with equipment) comprising:
a. The indoor map view: which visually indicates tags as colored dots moving within the boundaries of Readers wherein localization data from these tags are used to position and move them in a spatially accurate way ([0007], detecting at least one of a current location, status, temperature, orientation of the badge and/or tag and recording a history thereof for visual playback; and/or wherein the badge displays an electronic image of the registered user; and/or wherein the changed characteristic is at least one of an indicator's color, rate of indicator period, frequency of indicator sound, background color of a user's displayed image, word, and logo, [0068], The asset tags can provide a status of the equipment, for example, equipment 650's asset tag has a red indicator, while equipment 652's asset tag has a white indicator, and equipment 654's asset tag has a yellow indicator. The indicator color (or status) displayed can inform a user as to whether the equipment is operational, or other relevant information, such as last-used operator, etc.);
b. The playback controls GUI which allows for pausing or to instantly view historical tag localization and sensing data by dragging the playback control’s scrubber backwards in time ([0055], location mapping for a commercial workflow embodiment is possible using assets that are tagged with mesh-integrated badges, tags, of hardware. After gathering asset location over time, a history of asset location can be displayed in variable playback speeds. Multiple assets can be selected for location and time-tracking. In addition, environmental and activity data can tracked, [0051], Looking to FIGS. 2A-B, there are multiple use patterns that could be used applied using Smart ID-based buttons, dials, switches, touch (response to touch sensitive areas, or personalized finger movement) tilt or other user input. In addition to sending the time clock information across the network, confirmations can be sent to the Smart ID display. Utilizing buttons, switches, motions, etc. (or touch), the Clock-In signal, upon arrival can be initiated by the user, for example, long-pressing a designated button (button 1, for example). This would trigger the user's ID and the user's image would be displayed. Prior to this initiation, the display would be off and indicate as such. Clocking-In is made is possible when connected to the network. Location of activity is also collected, if so desired).
Regarding Claim 3, Caso teaches a method for creating automated workflows using user defined criteria (known as the Trigger), a user defined resulting action (known as the Action) and a user defined scope of which tags and user defined Zones are used to form ([0050], exemplary mesh network can also be configured for location mapping for workflow analysis, and/or use of a Badge as a time clock and/or with Station Hardware and/or Security verification and validation. While the above embodiment illustrates the mesh devices as Smart tag/badge(s), it is contemplated other devices that able to communicate with the mesh network can be added, if properly configured, [0055], It is apparent from the capabilities of this system that location mapping for a commercial workflow embodiment is possible using assets that are tagged with mesh-integrated badges, tags, of hardware. After gathering asset location over time, a history of asset location can be displayed in variable playback speeds. Multiple assets can be selected for location and time-tracking. In addition, environmental and activity data can tracked).
Claim 2 is rejected under 35 U.S.C. 102(a)(1) & 102(a)(2) as being anticipated by van Os et al (2018/0197332).
Regarding Claim 2, van Os teaches a method for importing editing and creating Zones through a GUI, which designate a user defined area within the boundary of a fixed, Reader monitored, area ([0361-0362], FIG. 38 conceptually illustrates a GUI 3800, which is a “stage” for a selected POI. Specifically, FIG. 38 illustrates in six different stages 3805-3830 a mapping application of some embodiments that displays a 3D animation of the POI in a media display area 3835 of the GUI 3800. This figure illustrates that the GUI 3800 includes the media display area 3835, tabs 3840, information display area 3845, and a top bar 3850, [0383], second stage 3910 illustrates a 3D map view 3910 as indicated by the 3D control 150 being highlighted. In some embodiments, the mapping application automatically shows 3D animation of the POI when the user views the POI in 3D mode. The mapping application of some such embodiments still allows the user to rotate the map view (e.g., with two finger gesture). In some embodiments, the mapping application starts presenting 3D animation of the POI).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Herrala et al (US 2011/0211563) discloses a plurality of transmitter tags disposed to cover an area where the location tracking is to be carried out, wherein each transmitter tag is configured to radio transmit a unique identifier; at least one personal radio communication device configured to scan for radio transmissions, to detect at least one unique identifier transmitted by at least one transmitter tag close to the location of the personal radio communication device, and to transmit a message comprising at least one of the detected unique identifiers to a server over a communication connection established between the personal radio communication device and the server; and the server configured to receive messages from the at least one personal radio communication device, each message comprising at least one unique identifier of at least one transmitter tag, to link a preconfigured location of a given transmitter tag, determined from the received message, with the personal radio communication device from which the message was received so as to determine the location of the personal radio communication device, and to store an identifier of the personal radio communication device as linked to the determined location of the personal radio communication device ([0003]);
Matsuda et al (US 2012/0017153) discloses Different embodiments allow the user to mark a region of interest differently. For instance, instead of invoking two commands at the beginning and the ending of the region of interest, the user can hold down a hotkey while the playhead moves from the beginning and the ending of the region. Alternatively, the user can click and hold down a UI item instead of the hotkey. In some embodiments, a media clip can be created based on a marked region of interest. The user selects a marker and drags (e.g., using a drag-and-drop operation) the marker away from the media clip to another location in the free-form space ([0031]);
Gary, JR.(US 2005/0280535) discloses system also incorporates a matching system for a mother and an infant. When the mother is brought into the hospital, the mother is given a tag to wear. The tag is then linked to a tag the infant wears. During the hospital stay, a signal will be given whether the mother and child match when the mother's tag is brought near the infant's tag. The tags will be linked until the mother and infant are discharged from the hospital ([0040]);
Hutchins et al (US 2005/0078006) discloses he management system includes a central processing component with one or more central processors. An active monitoring system component is connected to the central processor. The active monitoring system includes tags and readers for individual identification of one or more tagged entities. The active monitoring system component is arrayed to create a management zone. The tags and readers are linked to the central processing component such that information from the tags and readers is received and analyzed by the central processing component. A passive monitoring system component is connected to the central processor. The passive monitoring system identifies non-tagged entities entering the management zone and additional information is communicated to the central processing component for analysis (Abstract).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARGARET G WEBB whose telephone number is (571)270-7803. The examiner can normally be reached M-F 9:00-6:00 PM.
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, Charles Appiah can be reached at (571) 272-7904. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARGARET G WEBB/Primary Examiner, Art Unit 2641