DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Applicant’s 12/11/2025 Amendments/Arguments, which directly filed a terminal disclaimer is acknowledged.
Terminal Disclaimer
The terminal disclaimer filed on 12/11/2025 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of U.S. Patent No. 11,977,141 has been reviewed and is NOT accepted.
The terminal disclaimer does not comply with 37 CFR 1.321 because: This application was filed on or after September 16, 2012. The person who signed the terminal disclaimer is not the applicant, the patentee or an attorney or agent of record. See 37 CFR 1.321(a) and (b). Also see Terminal Disclaimer Review Decision on 12/30/2025.
Examiner had attempted to reach out to the attorney via phone calls on 03/11/2026 to resolve the matter. However, the phone number listed was not a valid phone number.
Since the terminal disclaimer is not accepted, therefore, the double patenting rejection is maintained.
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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-3, 8-13, 22-24, and 27 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2, 6-13, and 18 of U.S. Patent No. 11,977,141 in view of Mallesan et al (US 10,848,911).
Regarding claims 1-3, 8-13, and similarly claims 22-24, and 27, U.S. Patent No. 11,977,141 claims 1-2, 6-13, and 18 disclose the claimed invention (i.e. Although the claims at issue are not identical, they are not patentably distinct from each other because even though there are variations in the wording of the claims, the differences in the claims would have been obvious to a person of ordinary skill in the art at the time the invention was made) except for estimating, by software executing on one or more electronic devices, altitude of the UE at a time based on a reference point measured by the UE and a tracked altitude change measured by the UE (i.e. claims 1 and 12 of the current application); and wherein the reference point includes a reference pressure and a reference altitude, the tracked altitude change includes a uncompensated barometric pressure (UBP) measured by the UE, and the estimating altitude of the VE at the time further comprises: applying a barometric formula to the reference pressure and the UBP to calculate change in altitude from the reference altitude (i.e. claims 3 and 24 of the current application). Mallesan et al teach in the same field of endeavor estimating, by software executing on one or more electronic devices, altitude of the UE at a time based on a reference point measured by the UE and a tracked altitude change measured by the UE (Fig 1C-1D; page 9, line 63 – page 11, line 59); and wherein the reference point includes a reference pressure and a reference altitude, the tracked altitude change includes a uncompensated barometric pressure (UBP) measured by the UE, and the estimating altitude of the VE at the time further comprises: applying a barometric formula to the reference pressure and the UBP to calculate change in altitude from the reference altitude (page 11, line 60 – page 13, line 4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify U.S. Patent No. 11,977,141 in view of Mallesan et al to incorporate estimating, by software executing on one or more electronic devices, altitude of the UE at a time based on a reference point measured by the UE and a tracked altitude change measured by the UE; and wherein the reference point includes a reference pressure and a reference altitude, the tracked altitude change includes a uncompensated barometric pressure (UBP) measured by the UE, and the estimating altitude of the VE at the time further comprises: applying a barometric formula to the reference pressure and the UBP to calculate change in altitude from the reference altitude as taught by Mallesan et al to gain the advantage of effectively tracking a location of a mobile device by appropriately determining a barometric pressure of a location and determining an altitude of the mobile device at the location.
Allowable Subject Matter
Claims 4-6 and 25-26 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 28 is allowed.
Conclusion
The cited prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 11,337,031 discloses a device determines, based on location verification data that has been received, that the device is indoors at a first geographic location. The device determines a base measured barometric pressure, and an initial floor that the device is located on in a structure that includes the first geographic location. The device determines an adjusted measured barometric pressure for a second geographic location based on a second measured barometric pressure for the second geographic location and one or more reference barometric pressures that are associated with a reference location. The device determines an altitude for the second geographic location based on the base measured barometric pressure and the adjusted measured barometric pressures. The device causes a server to predict a floor that the device is located on at the second geographic location and to provide floor data that identifies the floor to an interface that is accessible to the device.
US 9,763,050 discloses apparatus and methods for estimating a location of a wireless device in communication with a wireless network, such as a UMTS network, based at least in part on WLAN/WPAN AP measurements and/or barometric measurements. The wireless device responds to a location capability inquiry from the wireless network by providing a response that indicates the wireless device is configurable to estimate its location based on WLAN/WPAN AP and/or barometric measurements. The wireless network sends WLAN/WPAN AP and/or barometric reference information to the wireless device to assist in estimating its location. The wireless device measures one or more WLAN/WPAN APs, and the wireless device uses the WLAN/WPAN AP and/or barometric measurements to estimate its location. In some embodiments, GPS/GNSS information is used in conjunction with WLAN/WPAN AP and/or barometric measurements to estimate the location of the wireless device.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHUONG P NGUYEN whose telephone number is (571)272-3445. The examiner can normally be reached Mon-Fri, 10:00-10:00 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JACK KEITH can be reached at (571) 272-6878. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHUONG P NGUYEN/Primary Examiner, Art Unit 3646