DETAILED ACTION
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 1, 14 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. The rationale for this determination is explained below:
Claim 1 is directed to “determining a first and second phase measurements”, “determining a distance …… frequency difference and a phase difference”, “determining an angle of direction” and claim 14 discloses “determining a first and second phase measurements”, “determining a distance …… frequency difference and a phase difference”, “determining an angle of direction” configured to perform analogous obtaining functions recited in claim 1.
Step 2A, Prong One: Does the Claim Recite an Abstract Idea? Yes.
The claim recites an abstract idea falling into the following categories:
Mathematical Concepts: The steps of "determining a first and second phase measurements", "determining a distance... according to a frequency difference," and "determining an angle of direction" are mathematical relationships. Using the relationship between frequency, phase, and space to calculate a location is a mathematical algorithm.
Mental Processes: The steps of "selecting," "determining," and "locating" are functional recitations of steps that can be performed in the human mind or with the aid of a pen and paper.
Step 2A, Prong Two: Is the Abstract Idea Integrated into a Practical Application? No.
The claim does not integrate the judicial exception into a practical application.
No Technical Improvement: The claim does not improve the functioning of the computer or the wireless network itself. Instead, it uses existing Bluetooth Low Energy (BLE) protocols and generic hardware to perform the calculation.
Mere Instructions: The claim merely recites the abstract idea and adds "apply it" instructions using a generic network environment (Access Point and Client Device).
Extra-Solution Activity: The "selecting an antenna element" step is viewed as mere data gathering or "pre-processing" for the mathematical calculation. It does not impose a meaningful limit on the claim because it does not change how the signal is physically processed, only how it is mathematically analyzed.
Step 2B: Does the Claim Provide "Significantly More"? (Search for an Inventive Concept) No.
After excluding the abstract idea, the remaining elements fail to transform the claim into patent-eligible subject matter.
Generic Components: The "Client Device," "Access Point," and "Antenna Element" are described at a high level of generality and perform their routine, conventional functions.
Well-Understood, Routine, and Conventional: Calculating location via Angle of Arrival (AoA) or Angle of Departure (AoD) is a standard practice in the field of radio frequency (RF) engineering. The combination of these steps is nothing more than a routine application of mathematical principles to standard BLE hardware.
Thus, claims 1 and 17 are not eligible subject matter under 35 U.S.C. 101. Dependent claims can be rejected based on same above rationale.
Claims 18 is rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. The rationale for this determination is explained below:
Step 2A, Prong One: Does the Claim Recite an Abstract Idea? Yes.
The claim recites an abstract idea falling into the following categories:
Mathematical Concepts: The steps of " determining a plurality of distances", "determining a location…according to plurality of distances," are mathematical relationships.
Mental Processes: The steps of "selecting frequencies," "determining," sets of APs describe types of data manipulation that can be performed in a human mind with the aid of a pen and paper.
Step 2A, Prong Two: Is the Abstract Idea Integrated into a Practical Application? No.
The claim does not integrate the judicial exception into a practical application.
The claim does not improve the functioning of the computer or the wireless network itself. Instead, it finds a location which is well known concepts and claism does not recite a specific implementation that changes the way a computer or network operates.
Step 2B: Does the Claim Provide "Significantly More"? (Search for an Inventive Concept) No.
After excluding the abstract idea, the remaining elements fail to transform the claim into patent-eligible subject matter.
Using access points and channel frequencies to determine the location is a standard practice in the field of 802.11 standard. The claim does not recite a specific improvement to the hardware of the processor/storage medium itself.
Thus, claims 18 is not eligible subject matter under 35 U.S.C. 101. Dependent claims can be rejected based on same above rationale.
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.
Claims 2- 3, 15- 16 are 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 claims 2 and 15 limitations, “…determining a number of surrounding APs to the first AP is less than two…”; is confusing since determination of APs (i.e. hence they are equal to or more than 2 APs), then how come it is less than two. Its unclear and indefinite. Same way claim 3 and 16’s limitations about “..determining a second number of Line of Sight (LoS) APs from the number of surrounding APs is less than two..”; is confusing and indefinite.
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.
Claim(s) 18, 20 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Moshfeghi (US Pub. No. 2009/0243932 A1), hereafter Mosh.
Regarding claim 18, Mosh teaches a non-transitory storage medium storing instructions that, when executed by at least one processor of a computing system, cause the computing system to perform a method (see Abstract .. determining a location of a mobile device. The method comprises transmitting a signal between a plurality of known locations and receiving signal at device of unknown location such as a mobile device. The signal may include multiple tones having different frequencies and resulting in sets of residual phase differences. The location of the mobile device may be determined using the known locations and the frequency and phase differences between the transmitted tones. In one embodiment, OFDM signals may be used between an access point and mobile device, for example, to determine the location of the mobile device; further see [0032]… mobile device whose position is known or calculated can also be used as an access point to locate the position of other mobile devices; further see [0066].. electronic devices having known locations may include wireless network access points (e.g., an 802.11 access point)) comprising:
determining a set of Line of Sight (LoS) access points (APs) closest to a first AP connected to a client device (see Fig. 5 and [0065] regarding first device (as a client device) and device, another devices can be access points (i.e. they are at a known locations) and see [0065]…. This process may be repeated for any number of devices within range of the device (i.e. as per the range determination is being done) at the unknown location. Four devices at known locations are sufficient for determining the location of the unknown device in 3D (or 3 devices at known locations for a triangular calculations)…..;now refer to [0029].. access points that provide a direct line of sight will have fewer variations in the amplitudes of their pilot tones and will be preferred in any triangulation calculations in order to reduce the effects of multipath; further see [0030] regarding MIMO system can be used having several antennas may be used to gather more data to get more accurate results. For example, a MIMO access point acting as a transmitter can use more than one antenna. Furthermore, these antennas may be used with the highest performance, lowest bit error rates, and better lines of sights; further see [0073]... it is possible to use just those antennas with the highest performance, lowest bit error rates, and better line of sight….);
selecting a first and second channel frequencies for the client device (see [0065]… a first signal having a plurality of frequency components (tones) (i.e. first and second) is transmitted between a first device at an unknown location and a device at a known location);
determining a plurality of distances between the client device and each of the first AP and the set of LOS APs according to the first and the second channel frequencies; and determining a location of the client device according to the plurality of distances (see [0065]… At 501, a first signal having a plurality of frequency components (tones) is transmitted between a first device at an unknown location and a device at a known location. At 502, a second signal having a plurality of frequency components is transmitted between the first device at the unknown location and another device at another known location. At 503, a third signal having a plurality of frequency components is transmitted between the first device at the unknown location and yet another device at another known location. This process may be repeated for any number of devices within range of the device at the unknown location. Four devices at known locations are sufficient for determining the location of the unknown device in 3D. At 504, the phase differences with corresponding frequency differences are determined for each transmission between a device at a known location and the device at the unknown location. At 505, the location of the first device is determined from the phase and frequency differences. For example, the system may determine where circles or spheres intersect in one point to locate the device. Additionally, the system can calculate the distances between the devices; further see claims 1, 11, 13-14, 20- 22).
Regarding claim 20, Mosh teaches as per claim 18, wherein the determining the plurality of distances comprises:
determining a first and second phase measurements for each of the first AP and the set of LoS APs based on the first and the second channel frequencies (see claim 20 about .. extracting the phase of at least a portion of the plurality of tones; and determining phase differences between tones at different frequencies, each phase difference having a corresponding frequency difference (as per first distance calculation)… calculating the first, second, and third distances based on the phase differences and corresponding frequency differences; and determining the location of said first electronic device based on said first, second, and third distances..); and
determining each of the plurality of distances for each of the first AP and the set of LoS APs according to a frequency difference and a respective phase difference of each AP, wherein the frequency difference is the difference between the first and the second channel frequencies and the respective phase difference is the difference between the first and the second phase measurements for the respective AP (already discussed above see claims 20- 22 … determining a first distance between a first electronic device having an unknown location and a second electronic device having a known location, determining the first distance comprising: generating a plurality of tones having a plurality of frequencies; modulating the tones with a carrier frequency to produce a first signal; transmitting the first signal between the first electronic device and the second electronic device; receiving the first signal; demodulating the first signal to extract the plurality of tones; extracting the phase of at least a portion of the plurality of tones; and
determining phase differences between tones at different frequencies, each phase difference having a corresponding frequency difference;
determining a second distance between the first electronic device having the unknown location and a third electronic device having a known location, determining the second distance comprising the same method as determining the first distance;
determining a third distance between the first electronic device having the unknown location and a fourth electronic device having a known location, determining the third distance comprising the same method as determining the first distance; and
calculating the first, second, and third distances based on the phase differences and corresponding frequency differences; and
determining the location of said first electronic device based on said first, second, and third distances).
Claim Rejections - 35 USC § 103
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1, 4- 5, 7, 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huang et al. (US Pub. No. 2025/0385715 A1) in view of Stitt et al. (US Pub. No. 11217048 B2), hereafter Raymond.
Regarding claim 1, Huang teaches a computer-implemented method for locating a client device in a network using Bluetooth® Low Energy (BLE) (see [0146] and Fig. 7 where target object (i.e. an object or user or vehicle) as a client device (i.e. 702) and 704 as a AP; see [0146]… an example of a receiver 704, in the form of a smart phone, utilizing RF bistatic sensing techniques with multiple transmitters (including a transmitter 700a, a transmitter 700b, and a transmitter 700c), which may be employed to determine one or more characteristics (e.g., location, velocity or speed, heading, etc.) of a target 702 object. For example, the receiver 704 may use RF bistatic sensing to detect a presence and location of a target 702 (e.g., an object, user, or vehicle); further see [0148] regarding communication protocol and communication interface; now refer to [0245] ….communication interface may perform or facilitate receipt and/or transmission wired or wireless communications using wired and/or wireless transceivers, including …., a Bluetooth™ wireless signal transfer, a Bluetooth™ low energy (BLE) wireless signal transfer, an IBEACON™ wireless signal transfer, a radio-frequency identification (RFID) wireless signal transfer, near-field communications (NFC) wireless signal transfer, dedicated short range communication (DSRC) wireless signal transfer, 802.11 Wi-Fi wireless signal transfer, wireless local area network (WLAN) signal transfer, ….. wireless signal transfer along the electromagnetic spectrum, or some combination thereof.), the method comprising:
selecting an antenna element based on a client antenna of the client device, wherein the antenna element comprises vertical and horizontal;
selecting a first and second channel frequencies for the client device;
determining a first and second phase measurements based on the first and second channel frequencies;
determining a distance of the client device from a first access point (AP) according to a frequency difference and a phase difference (see [0156] In some examples, RF sensing data can be used by at least one processor within the receiver 704 to calculate distances, angles of arrival (AOA), TDOA, angle of departure (AoD), or other characteristics that correspond to reflected waveforms (e.g., Rx waveform 718). In further examples, RF sensing data can also be used to detect motion, determine location, detect changes in location or motion patterns, or any combination thereof. In one or more examples, the distance and angle of arrival of the reflected signals can be used to identify the size, position, movement, and/or orientation of targets (e.g., target 702) in order to detect target presence/proximity; further see [0159]… the processor(s) of the receiver 704 can use the distance, the AOA, the TDOA, other measured information (e.g., AoD, etc.), any combination thereof, of the Rx waveform 718 to determine the distance between the receiver 704 and the target 702, and determine the position of target 702 relative to the receiver 704…..);
determining an angle of direction of the client device to the first AP, the angle of direction comprising: an angle of arrival (AoA) direction of the client device to the first AP; or an angle of departure (AoD) direction of the client device to the first AP; and determining a location of the client device according to the distance and the angle of direction (already described above; see [0156] In some examples, RF sensing data can be used by at least one processor within the receiver 704 to calculate distances, angles of arrival (AOA), TDOA, angle of departure (AoD), or other characteristics that correspond to reflected waveforms (e.g., Rx waveform 718). In further examples, RF sensing data can also be used to detect motion, determine location, detect changes in location or motion patterns, or any combination thereof. In one or more examples, the distance and angle of arrival of the reflected signals can be used to identify the size, position, movement, and/or orientation of targets (e.g., target 702) in order to detect target presence/proximity; further see [0159]. ..receiver 704 can use the distance, the AOA, the TDOA, other measured information (e.g., AoD, etc.), any combination thereof, of the Rx waveform 718 to determine the distance between the receiver 704 and the target 702, and determine the position of target 702 relative to the receiver 704..).
But Huang is silent about selecting an antenna element based on a client antenna of the client device, wherein the antenna element comprises vertical and horizontal; selecting a first and second channel frequencies for the client device;
determining a first and second phase measurements based on the first and second channel frequencies;
determining a distance of the client device from a first access point (AP) according to a frequency difference and a phase difference.
However Raymond teaches selecting an antenna element based on a client antenna of the client device, wherein the antenna element comprises vertical and horizontal; selecting a first and second channel frequencies for the client device (see lines 39- 59 of col. 10.. ..method of communicating with a portable access device (i.e. here client device) is provided. The method includes iteratively performing an algorithm via an access module of a vehicle, where the algorithm includes a series of operations including: selecting a frequency from frequencies; selecting an antenna pair from possible antenna pairs; where antennas of the possible antenna pairs include antennas with different polarized axes (refer to lines 23- 29 of col. 10 about the access module is configured to perform passive entry passive start operations or phone as a key operations including transmitting and receiving radio frequency signals via the first one of the multi-axis polarized RF antenna assembly and the second one of the multi-axis polarized RF antenna assembly (i.e. hence vertical and horizontal orientations are there)); transmitting a packet to the portable access device via the selected antenna pair; receiving a first received signal strength indicator (RSSI) and a response signal from the portable access device, where the first RSSI corresponds to the transmission of the packet; and measuring a second RSSI of the response signal. Based on the first RSSIs and the second RSSIs, a best one of the frequencies and a best antenna pair of the possible antenna pairs are selected. One or more additional packets are transmitted using the selected best frequency and the selected best antenna pair…; now refer to lines 33- 39 of col. 13 regarding the first module (i.e. at vehicle) is configured to: determine a series of randomly selected frequencies or channels; share the series of randomly selected frequencies or channels with one of vehicle and the portable access device; and transmit the first radio frequency signal and receive the first response signal based on the randomly selected frequencies or channels). Further Raymond teaches regarding determining a first and second phase measurements based on the first and second channel frequencies (see lines 15- 37 of col. 14 regarding the first module (i.e. at vehicle) and second module (i.e. at portable device) are configured to: exchange at least three pairs of radio signals containing sections of unmodulated carrier tones, where the unmodulated carrier tones include received tones and transmitted tones; and measure phases of the received tones relative to the transmit tones. One or more of the first module and the second module is configured to: gather frequency and phase information; and estimate the distance between the first module and the second module based upon the phase and frequency information).
Further Raymond states about a method of accessing or providing operational control of a vehicle is provided (i.e. refer to lines 10- 15 of col. 32 regarding BLE protocol). The method includes: transmitting a series of tones from a first network device (i.e. at vehicle) via a transmitter and a first antenna module to a second network device (i.e. at portable device) and change the frequencies of the tones during the transmission of the series of tones, where the first antenna module including antennas, and where, at any moment in time, at least one of the antennas of the first antenna module is not cross-polarized with an antenna of the second network device; receiving at a receiver in the vehicle the series of tones from the second network device; determining differences in phases of the series of tones versus differences in frequencies of the series of tones; based on the differences in the phases and the differences in the frequencies, determining a distance between the first network device and the second network device; and preventing at least one of access to or operation control of the vehicle based on the distance…. …. In other features, the method further includes randomizing a direction that tones are transmitted between the first network device and the second network device. The tones include one or more of the tones in the series of tones. In other features, the method further includes: transmitting and receiving a series of tones via the transmitter and the receiver; and based on differences in phases and corresponding differences in frequencies of the series of tones, determining the distance.
It would have been obvious to one with ordinary skill, in the art before the effective filing date of the claimed invention was made to consider the teachings of Raymond with the teachings of Huang to make system more effective. Having a mechanism wherein about selecting an antenna element based on a client antenna of the client device, wherein the antenna element comprises vertical and horizontal; selecting a first and second channel frequencies for the client device; determining a first and second phase measurements based on the first and second channel frequencies; determining a distance of the client device from a first access point (AP) according to a frequency difference and a phase difference; greater way more reliably the location and distance measurement can be carried out in the communication system.
Regarding claim 4, Huang in view of Raymond teaches as per claim 1, wherein the client device is connected to the first AP; already discussed above see Huang see [0146] and Fig. 7 where target object (i.e. an object or user or vehicle) as a client device (i.e. 702) and 704 as a AP and they are connected.
Regarding claim 5, Huang in view of Raymond teaches as per claim 1, wherein the frequency difference is the difference between the first and the second channel frequencies; Raymond in context with (see lines 15- 37 of col. 14 regarding the first module (i.e. at vehicle) and second module (i.e. at portable device) are configured to: exchange at least three pairs of radio signals containing sections of unmodulated carrier tones, where the unmodulated carrier tones include received tones and transmitted tones; and measure phases of the received tones relative to the transmit tones. One or more of the first module and the second module is configured to: gather frequency and phase information; and estimate the distance between the first module and the second module based upon the phase and frequency information); now refer to lines 5- 10 of col. 18 regarding … In other features, the control module is configured to: transmit and receive series of tones via the transmitter and the receiver; and based on differences in phases and corresponding differences in frequencies of the series of tones, determine the distance.
Regarding claim 7, Huang in view of Raymond teaches as per claim 1, wherein the phase difference is the difference between the first and the second phase measurements; Raymond in context with (see lines 15- 37 of col. 14 regarding the first module (i.e. at vehicle) and second module (i.e. at portable device) are configured to: exchange at least three pairs of radio signals containing sections of unmodulated carrier tones, where the unmodulated carrier tones include received tones and transmitted tones; and measure phases of the received tones relative to the transmit tones. One or more of the first module and the second module is configured to: gather frequency and phase information; and estimate the distance between the first module and the second module based upon the phase and frequency information); now refer to lines 5- 10 of col. 18 regarding … In other features, the control module is configured to: transmit and receive series of tones via the transmitter and the receiver; and based on differences in phases and corresponding differences in frequencies of the series of tones, determine the distance.
Regarding claim 14, Huang teaches a computing system for locating a client device in a network using Bluetooth® Low Energy (BLE) comprising: one or more processors; and a non-transitory computer readable medium including instructions that, when executed by the one or more processors, cause the one or more processors to perform operations of) (see [0146] and Fig. 7 where target object (i.e. an object or user or vehicle) as a client device (i.e. 702) and 704 as a AP; see [0146]… an example of a receiver 704, in the form of a smart phone, utilizing RF bistatic sensing techniques with multiple transmitters (including a transmitter 700a, a transmitter 700b, and a transmitter 700c), which may be employed to determine one or more characteristics (e.g., location, velocity or speed, heading, etc.) of a target 702 object. For example, the receiver 704 may use RF bistatic sensing to detect a presence and location of a target 702 (e.g., an object, user, or vehicle); further see [0148] regarding communication protocol and communication interface; now refer to [0245] ….communication interface may perform or facilitate receipt and/or transmission wired or wireless communications using wired and/or wireless transceivers, including …., a Bluetooth™ wireless signal transfer, a Bluetooth™ low energy (BLE) wireless signal transfer, an IBEACON™ wireless signal transfer, a radio-frequency identification (RFID) wireless signal transfer, near-field communications (NFC) wireless signal transfer, dedicated short range communication (DSRC) wireless signal transfer, 802.11 Wi-Fi wireless signal transfer, wireless local area network (WLAN) signal transfer, ….. wireless signal transfer along the electromagnetic spectrum, or some combination thereof.), the method comprising:
selecting an antenna element based on a client antenna of the client device, wherein the antenna element comprises vertical and horizontal;
selecting a first and second channel frequencies for the client device;
determining a first and second phase measurements based on the first and second channel frequencies;
determining a distance of the client device from a first access point (AP) according to a frequency difference and a phase difference (see [0156] In some examples, RF sensing data can be used by at least one processor within the receiver 704 to calculate distances, angles of arrival (AOA), TDOA, angle of departure (AoD), or other characteristics that correspond to reflected waveforms (e.g., Rx waveform 718). In further examples, RF sensing data can also be used to detect motion, determine location, detect changes in location or motion patterns, or any combination thereof. In one or more examples, the distance and angle of arrival of the reflected signals can be used to identify the size, position, movement, and/or orientation of targets (e.g., target 702) in order to detect target presence/proximity; further see [0159]… the processor(s) of the receiver 704 can use the distance, the AOA, the TDOA, other measured information (e.g., AoD, etc.), any combination thereof, of the Rx waveform 718 to determine the distance between the receiver 704 and the target 702, and determine the position of target 702 relative to the receiver 704…..);
determining an angle of direction of the client device to the first AP, the angle of direction comprising: an angle of arrival (AoA) direction of the client device to the first AP; or an angle of departure (AoD) direction of the client device to the first AP; and determining a location of the client device according to the distance and the angle of direction (already described above; see [0156] In some examples, RF sensing data can be used by at least one processor within the receiver 704 to calculate distances, angles of arrival (AOA), TDOA, angle of departure (AoD), or other characteristics that correspond to reflected waveforms (e.g., Rx waveform 718). In further examples, RF sensing data can also be used to detect motion, determine location, detect changes in location or motion patterns, or any combination thereof. In one or more examples, the distance and angle of arrival of the reflected signals can be used to identify the size, position, movement, and/or orientation of targets (e.g., target 702) in order to detect target presence/proximity; further see [0159]. ..receiver 704 can use the distance, the AOA, the TDOA, other measured information (e.g., AoD, etc.), any combination thereof, of the Rx waveform 718 to determine the distance between the receiver 704 and the target 702, and determine the position of target 702 relative to the receiver 704..).
But Huang is silent about selecting an antenna element based on a client antenna of the client device, wherein the antenna element comprises vertical and horizontal; selecting a first and second channel frequencies for the client device;
determining a first and second phase measurements based on the first and second channel frequencies;
determining a distance of the client device from a first access point (AP) according to a frequency difference and a phase difference.
However Raymond teaches selecting an antenna element based on a client antenna of the client device, wherein the antenna element comprises vertical and horizontal; selecting a first and second channel frequencies for the client device (see lines 39- 59 of col. 10.. ..method of communicating with a portable access device (i.e. here client device) is provided. The method includes iteratively performing an algorithm via an access module of a vehicle, where the algorithm includes a series of operations including: selecting a frequency from frequencies; selecting an antenna pair from possible antenna pairs; where antennas of the possible antenna pairs include antennas with different polarized axes (refer to lines 23- 29 of col. 10 about the access module is configured to perform passive entry passive start operations or phone as a key operations including transmitting and receiving radio frequency signals via the first one of the multi-axis polarized RF antenna assembly and the second one of the multi-axis polarized RF antenna assembly (i.e. hence vertical and horizontal orientations are there)); transmitting a packet to the portable access device via the selected antenna pair; receiving a first received signal strength indicator (RSSI) and a response signal from the portable access device, where the first RSSI corresponds to the transmission of the packet; and measuring a second RSSI of the response signal. Based on the first RSSIs and the second RSSIs, a best one of the frequencies and a best antenna pair of the possible antenna pairs are selected. One or more additional packets are transmitted using the selected best frequency and the selected best antenna pair…; now refer to lines 33- 39 of col. 13 regarding the first module (i.e. at vehicle) is configured to: determine a series of randomly selected frequencies or channels; share the series of randomly selected frequencies or channels with one of vehicle and the portable access device; and transmit the first radio frequency signal and receive the first response signal based on the randomly selected frequencies or channels). Further Raymond teaches regarding determining a first and second phase measurements based on the first and second channel frequencies (see lines 15- 37 of col. 14 regarding the first module (i.e. at vehicle) and second module (i.e. at portable device) are configured to: exchange at least three pairs of radio signals containing sections of unmodulated carrier tones, where the unmodulated carrier tones include received tones and transmitted tones; and measure phases of the received tones relative to the transmit tones. One or more of the first module and the second module is configured to: gather frequency and phase information; and estimate the distance between the first module and the second module based upon the phase and frequency information).
Further Raymond states about a method of accessing or providing operational control of a vehicle is provided (i.e. refer to lines 10- 15 of col. 32 regarding BLE protocol). The method includes: transmitting a series of tones from a first network device (i.e. at vehicle) via a transmitter and a first antenna module to a second network device (i.e. at portable device) and change the frequencies of the tones during the transmission of the series of tones, where the first antenna module including antennas, and where, at any moment in time, at least one of the antennas of the first antenna module is not cross-polarized with an antenna of the second network device; receiving at a receiver in the vehicle the series of tones from the second network device; determining differences in phases of the series of tones versus differences in frequencies of the series of tones; based on the differences in the phases and the differences in the frequencies, determining a distance between the first network device and the second network device; and preventing at least one of access to or operation control of the vehicle based on the distance…. …. In other features, the method further includes randomizing a direction that tones are transmitted between the first network device and the second network device. The tones include one or more of the tones in the series of tones. In other features, the method further includes: transmitting and receiving a series of tones via the transmitter and the receiver; and based on differences in phases and corresponding differences in frequencies of the series of tones, determining the distance.
It would have been obvious to one with ordinary skill, in the art before the effective filing date of the claimed invention was made to consider the teachings of Raymond with the teachings of Huang to make system more effective. Having a mechanism wherein about selecting an antenna element based on a client antenna of the client device, wherein the antenna element comprises vertical and horizontal; selecting a first and second channel frequencies for the client device; determining a first and second phase measurements based on the first and second channel frequencies; determining a distance of the client device from a first access point (AP) according to a frequency difference and a phase difference; greater way more reliably the location and distance measurement can be carried out in the communication system.
Claim(s) 2- 3, 15- 16 are rejected under 35 U.S.C. 103 as being unpatentable over Huang et al. (US Pub. No. 2025/0385715 A1) in view of Stitt et al. (US Pub. No. 11217048 B2), hereafter Raymond and in further view of Nguyen (US Pat. No. 7512379 B2), hereafter Ngu.
Regarding claim 2, Huang in view of Raymond teaches as per claim 1, but Huang is silent about further comprising, prior to the selecting the first and second channel frequencies for the client device, determining a number of surrounding APs to the first AP is less than two; however Ngu states in claim 12 regarding a method, operative within a wireless network access point operating at a current channel, for selecting a new radio channel, the wireless network access point operating nearby a set of one or more other access points, comprising: scanning a set of available radio channels; for each available radio channel, calculating a cost function that represents a cumulative signal strength generated by relative radio frequency activity levels at a given frequency due to the set of one or more other access points and other RF sources operating nearby the wireless network access point, the cost function being independent of transmission medium activity. It would have been obvious to one with ordinary skill, in the art before the effective filing date of the claimed invention was made to consider the teachings of Ngu with the teachings of Huang in view of Raymond to make system more standardized. Having a mechanism wherein prior to the selecting the first and second channel frequencies for the client device, determining a number of surrounding APs to the first AP is less than two; greater way standardize approach can be carried out in the communication system.
Regarding claim 3, Huang in view of Raymond teaches as per claim 1, but Huang is silent about, further comprising, prior to the selecting the first and second channel frequencies for the client device: determining a number of surrounding APs to the first AP is at least two; and determining a second number of Line of Sight (LoS) APs from the number of surrounding APs is less than two; however Ngu states in claim 12 regarding a method, operative within a wireless network access point operating at a current channel, for selecting a new radio channel, the wireless network access point operating nearby a set of one or more other access points; further Ngu states in claims 1- 5 regarding based on the cost function can distinguish high signal strength signal (i.e. less costly) signal can be LOS and see claims 4-5 regarding one or more access points. It would have been obvious to one with ordinary skill, in the art before the effective filing date of the claimed invention was made to consider the teachings of Ngu with the teachings of Huang in view of Raymond to make system more standardized. Having a mechanism wherein prior to the selecting the first and second channel frequencies for the client device: determining a number of surrounding APs to the first AP is at least two; and determining a second number of Line of Sight (LoS) APs from the number of surrounding APs is less than two; greater way standardize approach can be carried out in the communication system.
Regarding claim 15, Huang in view of Raymond teaches as per claim 1, but Huang is silent about wherein the instructions further cause the one or more processors to perform operations comprising, prior to the selecting the first and second channel frequencies for the client device, determining a number of surrounding APs to the first AP is less than two; however Ngu states in claim 12 regarding a method, operative within a wireless network access point operating at a current channel, for selecting a new radio channel, the wireless network access point operating nearby a set of one or more other access points, comprising: scanning a set of available radio channels; for each available radio channel, calculating a cost function that represents a cumulative signal strength generated by relative radio frequency activity levels at a given frequency due to the set of one or more other access points and other RF sources operating nearby the wireless network access point, the cost function being independent of transmission medium activity. It would have been obvious to one with ordinary skill, in the art before the effective filing date of the claimed invention was made to consider the teachings of Ngu with the teachings of Huang in view of Raymond to make system more standardized. Having a mechanism wherein prior to the selecting the first and second channel frequencies for the client device, determining a number of surrounding APs to the first AP is less than two; greater way standardize approach can be carried out in the communication system.
Regarding claim 16, Huang in view of Raymond teaches as per claim 14, but Huang is silent about, wherein the instructions further cause the one or more processors to perform operations comprising, prior to the selecting the first and second channel frequencies for the client device: determining a number of surrounding APs to the first AP is at least two; and determining a second number of Line of Sight (LOS) APs from the number of surrounding APs is less than two; however Ngu states in claim 12 regarding a method, operative within a wireless network access point operating at a current channel, for selecting a new radio channel, the wireless network access point operating nearby a set of one or more other access points; further Ngu states in claims 1- 5 regarding based on the cost function can distinguish high signal strength signal (i.e. less costly) signal can be LOS and see claims 4-5 regarding one or more access points. It would have been obvious to one with ordinary skill, in the art before the effective filing date of the claimed invention was made to consider the teachings of Ngu with the teachings of Huang in view of Raymond to make system more standardized. Having a mechanism wherein prior to the selecting the first and second channel frequencies for the client device: determining a number of surrounding APs to the first AP is at least two; and determining a second number of Line of Sight (LoS) APs from the number of surrounding APs is less than two; greater way standardize approach can be carried out in the communication system.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huang et al. (US Pub. No. 2025/0385715 A1) in view of Stitt et al. (US Pub. No. 11217048 B2), hereafter Raymond and in further view of Srinivasan et al. (US Pub. No. 2023/0318609 A1), hereafter Sri.
Regarding claim 6, Huang in view of Raymond teaches as per claim 1, but Huang is silent about, wherein the frequency difference is at least 2 MHz and at most 78 MHz; however Sri teaches in [0024] regarding .. and BLE advertising channels (2402, 2426, and 2480 MHz) as well as BLE data channels (2402 to 2480 MHz spaced 2 MHz apart and not advertising channels (i.e. 2480- 2402=78); also refer to [0027].. BLE requires switching from 2402 MHz to 2480 MHz to transition between the highest and lowest advertising channel. Such a frequency change of 78 MHz. It would have been obvious to one with ordinary skill, in the art before the effective filing date of the claimed invention was made to consider the teachings of Sri with the teachings of Huang in view of Raymond to make system more standardized. Having a mechanism wherein the frequency difference is at least 2 MHz and at most 78 MHz; greater way more standardized approach can be carried out in the communication system.
Claim(s) 8- 10 are rejected under 35 U.S.C. 103 as being unpatentable over Huang et al. (US Pub. No. 2025/0385715 A1) in view of Stitt et al. (US Pub. No. 11217048 B2), hereafter Raymond and in further view of saiki et al. (US Pub. No. 2024/0336226 A1), hereafter Takashi.
Regarding claim 8, Huang in view of Raymond teaches as per claim 1, but Huang is silent about, wherein the second channel frequency is selected according to the first channel frequency, a resolution threshold, and a range threshold; however Takashi teaches in [0155- 0156] regarding .. when a first frequency f1=2402 MHz and a second frequency f2=2480 MHz, the difference frequency Δf is 78 MHz and the differential wavelength λd is 3.85 m. Therefore, the measuring range for the above frequency combination is 3.85 meters for the round trip distance and approximately 1.93 meters for the one-way distance. With the above frequency combination, the processor 41 cannot distinguish between a case where the device distance is 0.5 meters and a case where the device distance is 0.5+1.93=2.43 meters… processor 41 may selects a combination of frequencies to provide a desired measuring range. If the distance at which a BLE communication connection can occur is assumed to be 20 meters, the processor 41 may perform phase difference ranging using a combination of frequencies that results in a one-way measuring range of 20 meters or more. According to this configuration, erroneous determination of the device position can be reduced due to periodicity of the phase difference. As described above, the processor 41 may determine the device distance by combining phase difference measured distance values for frequency combinations. According to this configuration, the accuracy of position determination can be improved while relaxing the restrictions on the frequencies used for the distance measurement (i.e. here distance criteria can be considered as a ranging and also resolution (accuracy). It would have been obvious to one with ordinary skill, in the art before the effective filing date of the claimed invention was made to consider the teachings of Takashi with the teachings of Huang in view of Raymond to make system more standardized. Having a mechanism wherein the second channel frequency is selected according to the first channel frequency, a resolution threshold, and a range threshold; greater way more standardized approach can be carried out in the communication system.
Regarding claim 9, Huang in view of Raymond and Takashi teaches as per claim 8, wherein the resolution threshold is a maximum margin of error permitted to determine the distance of the client device and is based on one or more attributes of the client device; Takashi see [0106]...distance measurement error; further see [0135].. since the signals exchanged in BLE communication are longer than the pulse signals used in UWB-IR, the RTT observable in BLE communication is less accurate than the RTT observable in UWB communication. Furthermore, the accuracy of the distance using RTT in BLE communication is not as high as the distance using two-frequency phase difference. The RTT measured distance value in BLE communication may contain an error of about several meters. The threshold value used in step S303 is preferably set to be approximately 1 to 2 m greater than the expected maximum distance, which is the distance from the installation position of the BLE communication device 7 to a farthest point of the locking-unlocking area EA.
Regarding claim 10, Huang in view of Raymond and Takashi teaches as per claim 8, wherein the range threshold is a minimum range of distance permitted to determine the distance of the client device and is based on one or more attributes of the client device; Takashi 0155- 0156] regarding .. when a first frequency f1=2402 MHz and a second frequency f2=2480 MHz, the difference frequency Δf is 78 MHz and the differential wavelength λd is 3.85 m. Therefore, the measuring range for the above frequency combination is 3.85 meters for the round trip distance and approximately 1.93 meters for the one-way distance. With the above frequency combination, the processor 41 cannot distinguish between a case where the device distance is 0.5 meters and a case where the device distance is 0.5+1.93=2.43 meters… processor 41 may selects a combination of frequencies to provide a desired measuring range. If the distance at which a BLE communication connection can occur is assumed to be 20 meters, the processor 41 may perform phase difference ranging using a combination of frequencies that results in a one-way measuring range of 20 meters or more. According to this configuration, erroneous determination of the device position can be reduced due to periodicity of the phase difference. As described above, the processor 41 may determine the device distance by combining phase difference measured distance values for frequency combinations. According to this configuration, the accuracy of position determination can be improved while relaxing the restrictions on the frequencies used for the distance measurement (i.e. here distance criteria can be considered as a ranging and also resolution (accuracy).
Claim(s) 11- 12, 17 are rejected under 35 U.S.C. 103 as being unpatentable over Huang et al. (US Pub. No. 2025/0385715 A1) in view of Stitt et al. (US Pub. No. 11217048 B2), hereafter Raymond and in further view of Pan et al. (US Pub. No. 2020/0059290 A1).
Regarding claim 11, Huang in view of Raymond teaches as per claim 1, but Huang is silent about, wherein the antenna element comprises a first antenna and the AoA direction is based on messages received by the first antenna of the first AP from the client device; however Pan states in [0250] about a WTRU antenna group may be associated with a single and/or multiple Rx beam sets. A WTRU antenna group may be associated with multiple Rx beam sets. The WTRU antenna group may be associated with one or more antenna panels. A WTRU antenna group may have properties that indicate (e.g., define) the WTRU antenna group's capability for supporting a WTRU report of acceptable TRP Tx beams. The properties may include one or more of the number of antenna elements, polarization type(s), AoD/AoA, frequency/time resource(s), reciprocity, or the like. A WTRU report may be sent for WTRU antenna groups based on the properties of the WTRU antenna groups. For example, a WTRU report may be sent for the WTRU antenna groups that have a particular property or a specific set of properties. For example, a WTRU report may be configured to report (e.g., only report) information for those WTRU's that have two or more panels. It would have been obvious to one with ordinary skill, in the art before the effective filing date of the claimed invention was made to consider the teachings of Pan with the teachings of Huang in view of Raymond to make system more standardized. Having a mechanism wherein the antenna element comprises a first antenna and the AoA direction is based on messages received by the first antenna of the first AP from the client device; greater way more standardized approach can be carried out in the communication system.
Regarding claim 12, Huang in view of Raymond teaches as per claim 1, but Huang is silent about, wherein the antenna element comprises a second antenna and the AoD direction is based on messages transmitted by the second antenna of the first AP to the client device; however Pan states in [0250] about a WTRU antenna group may be associated with a single and/or multiple Rx beam sets. A WTRU antenna group may be associated with multiple Rx beam sets. The WTRU antenna group may be associated with one or more antenna panels. A WTRU antenna group may have properties that indicate (e.g., define) the WTRU antenna group's capability for supporting a WTRU report of acceptable TRP Tx beams. The properties may include one or more of the number of antenna elements, polarization type(s), AoD/AoA, frequency/time resource(s), reciprocity, or the like. A WTRU report may be sent for WTRU antenna groups based on the properties of the WTRU antenna groups. For example, a WTRU report may be sent for the WTRU antenna groups that have a particular property or a specific set of properties. For example, a WTRU report may be configured to report (e.g., only report) information for those WTRU's that have two or more panels. It would have been obvious to one with ordinary skill, in the art before the effective filing date of the claimed invention was made to consider the teachings of Pan with the teachings of Huang in view of Raymond to make system more standardized. Having a mechanism wherein the antenna element comprises a second antenna and the AoD direction is based on messages transmitted by the second antenna of the first AP to the client device; greater way more standardized approach can be carried out in the communication system.
Regarding claim 17, Huang in view of Raymond teaches as per claim 14, but Huang is silent about wherein: the antenna element comprises a first and second antennas; the AoA direction is based on messages received by the first antenna of the first AP from the client device; and the AoD direction is based on messages transmitted by the second antenna of the first AP to the client device; however Pan states in [0250] about a WTRU antenna group may be associated with a single and/or multiple Rx beam sets. A WTRU antenna group may be associated with multiple Rx beam sets. The WTRU antenna group may be associated with one or more antenna panels. A WTRU antenna group may have properties that indicate (e.g., define) the WTRU antenna group's capability for supporting a WTRU report of acceptable TRP Tx beams. The properties may include one or more of the number of antenna elements, polarization type(s), AoD/AoA, frequency/time resource(s), reciprocity, or the like. A WTRU report may be sent for WTRU antenna groups based on the properties of the WTRU antenna groups. For example, a WTRU report may be sent for the WTRU antenna groups that have a particular property or a specific set of properties. For example, a WTRU report may be configured to report (e.g., only report) information for those WTRU's that have two or more panels. . It would have been obvious to one with ordinary skill, in the art before the effective filing date of the claimed invention was made to consider the teachings of Pan with the teachings of Huang in view of Raymond to make system more standardized. Having a mechanism wherein the antenna element comprises a first and second antennas; the AoA direction is based on messages received by the first antenna of the first AP from the client device; and the AoD direction is based on messages transmitted by the second antenna of the first AP to the client device; greater way more standardized approach can be carried out in the communication system.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huang et al. (US Pub. No. 2025/0385715 A1) in view of Stitt et al. (US Pub. No. 11217048 B2), hereafter Raymond and in further view of Wang et al. (US Pub. No. 2018/0295601 A1).
Regarding claim 13, Huang in view of Raymond teaches as per claim 1, but Huang is silent about, wherein the determining the location of the client device according to the distance and the angle of direction comprises:
generating a location circle with a radius of the distance of the client device around the first AP, wherein the location circle is indicative of potential locations of the client device with respect to the first AP; and
determining an angle of direction location on the location circle, wherein:
the angle of direction location is an AoA location on the location circle based on the AoA direction of the client device to the first AP; or
the angle of direction location is an AoD location on the location circle based on the AoD direction of the client device to the first AP; however Wang states in [0013] regarding in the early version of the IEEE 802.11 standard, the measurement of the distance-dependent signal strength, defined as Received Signal Strength Indication (RSSI), can be used to locate STAs. In principle, the distance between the STA and the AP could be reflected by RSSI based on certain attenuation model. However, RSSI is sensitive to the radio environment and the behaviour of RSSI could be greatly different from the model due to path loss and interference. Hence, RSSI is usually part of the fingerprinting method that searches for a best match between a stored geographical map of radio properties and the measured radio properties. RSSI is an important one among such radio properties; now refer to [0014- 0016] The time measurement based methods measure the travel time between the STA and the AP and translates the travel time into the distance between the pair…the Time of Arrival (TOA) method is supported by that the 802.11 specification has standardized the protocol and signalling for time-stamp (difference) measurement. For TOA positioning, there must be at least three such pairs so that the location can be determined at the intersection of the three circles created by the measured distances. In addition, given the TOA difference between STA-AP pairs, other trilateration-based algorithms, for example, hyperbolic trilateration, can also be applied. Further see [0016] Different from TOA, the RTT method can measure the distance without requiring time synchronization between the nodes. It measures the time spent by a specific frame in traveling from a transmitter to a receiver and back again to the transmitter. The main challenge is Non-line-of-sight (NLOS) that brings uncertainty in the time measurement. It would have been obvious to one with ordinary skill, in the art before the effective filing date of the claimed invention was made to consider the teachings of Wang with the teachings of Huang in view of Raymond to make system more standardized and reliable.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Moshfeghi (US Pub. No. 2009/0243932 A1), hereafter Mosh in view of Nguyen (US Pat. No. 7512379 B2), hereafter Ngu.
Regarding claim 19, Mosh teaches as per claim 18, but Mosh is silent about wherein the operations further comprise, prior to determining a set of LOS APs that are closest to the first AP connected to the client device: determining a number of surrounding APs to the first AP is at least two; and determining a second number of LoS APs from the number of surrounding APs is at least two; however Ngu states in claim 12 regarding a method, operative within a wireless network access point operating at a current channel, for selecting a new radio channel, the wireless network access point operating nearby a set of one or more other access points; further Ngu states in claims 1- 5 regarding based on the cost function can distinguish high signal strength signal (i.e. less costly) signal can be LOS and see claims 4-5 regarding one or more access points. It would have been obvious to one with ordinary skill, in the art before the effective filing date of the claimed invention was made to consider the teachings of Ngu with the teachings of Huang in view of Raymond to make system more standardized. Having a mechanism wherein the operations further comprise, prior to determining a set of LOS APs that are closest to the first AP connected to the client device: determining a number of surrounding APs to the first AP is at least two; and determining a second number of LoS APs from the number of surrounding APs is at least two; greater way standardize approach can be carried out in the communication system.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Please see PTO-892 form for considered prior arts for record.
Reference Shpak (US Pub. No. 2025/0247812 A1) teaches see [0024].. apparatus for location finding, including a mobile transceiver including at least one receive antenna, which is configured to receive, at a given second location, radio signals transmitted from a plurality of fixed transceivers, each having multiple antennas, at different, respective first locations. A processor is configured to process the received radio signals so as to detect a respective phase difference between the radio signals received from the multiple antennas of each of the fixed transceivers, to compute multiple loci corresponding respectively to respective angles of departure from each the fixed transceivers to the mobile transceiver based on the respective phase differences, and to find location coordinates of the mobile transceiver based on the angles of departure and the first locations of the fixed transceivers by identifying an intersection of the loci as the second location of the mobile transceiver…; see [0037]... This difference in distance—and hence the difference in phase between the received radio signals that are associated with (i.e., transmitted or received by) each of the multiple antennas in the array-varies as a function of the angle between the fixed transceiver and the mobile transceiver. In some embodiments, the mobile transceiver detects the angle of departure of the signals transmitted from the fixed transceivers to the mobile transceiver. In other embodiments, the fixed transceivers detect the angle of arrival of the signals that they receive from the mobile transceiver. In either case, by detecting and processing the phase differences at the receiver, it is possible to estimate the angular location of the mobile transceiver relative to the fixed transceivers.
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PARTH PATEL
Primary Examiner
Art Unit 2479
/PARTH PATEL/ Primary Examiner, Art Unit 2479