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 .
Response to Amendment
The following is a final office action in response to the communication filed on 07/07/2026. Claims 1, 8, 11 and 15 have been amended. Claims 1-20 are currently pending and have been examined.
Response to Arguments
Applicant’s arguments and remarks filed on 07/07/2026 have been fully considered.
Applicant’s amendments overcome the objections to the specification.
Applicant’s amendments overcome the 35 U.S.C. §112(b) rejection of claim 8.
Applicant’s arguments provided for the 35 U.S.C. §102 rejection of claims 1 and 9-15 have been considered but are not persuasive.
(A) Applicant argues, “In this response, independent claims 1, 11, and 15 have been amended to specify the precise timing of the antenna switching. Specifically, the claims now recite that the second device switches the antennas "in a frequency hopping interval such that an antenna switching occurs between a moment at which a previous frequency exchange ends and a moment at which a next frequency exchange starts." Support of the amendment can at least be found at paragraph [0259] of the application as originally filed.
“Hiscock fails to disclose or teach this limitation. To the contrary, Hiscock teaches that the switching of its antenna elements occurs during the active reception and transmission of a single carrier signal. For example, Hiscock discloses:
“‘The first antenna element 244, a second antenna element 246, and a third antenna element 248 may be switched in a known sequence... during reception of the first carrier signal 250.’ (See Hiscock, Col. 8, lines 28-33.)
“Hiscock further discloses that the antenna elements "may be switched in a known sequence during transmission of the second carrier signal 251." (See Hiscock, Col. 8, lines 43-47.)
“After completing measurements on one frequency, Hiscock teaches that the entire process is then repeated over multiple different frequencies to determine a range.
“‘This process may be repeated over multiple frequencies for the first carrier signal 250 and the second carrier signal 251 (in the industrial, scientific, and medical radio (ISM) band for example), from which a range is determined.’ (See Hiscock, Col. 11, lines 62-65.)
“It can be seen that, Hiscock's requirement to switch antennas during active signal transmission or reception (intra-signal switching) is fundamentally different from the claimed invention as amended, which restricts antenna switching exclusively to the "dead time" interval between frequency exchanges (inter-signal switching).
“As supported by the present application, switching an antenna mid-signal physically changes the electrical path while the signal is propagating, which can introduce severe hardware transients, phase discontinuities, and "switching noise" into the sampled data. By forcing the hardware switch to occur strictly during the frequency hopping interval after a previous exchange ends and before the next begins, the claimed invention guarantees that the entire measurement signal on a given channel is captured cleanly and continuously without switching-induced degradation.
“Because Hiscock requires antenna switching during active signal exchanges, it cannot anticipate the claimed method and apparatus, which require switching to occur between frequency exchanges.
“Based on the above discussion, Applicant submits that amended independent claims 1, 11, and 15 are not anticipated by Hiscock. Accordingly, amended independent claims 1, 11, and 15 are novel, patentable and allowable,” (from remarks pages 11-12).
As to point (A), Examiner respectfully disagrees. Applicant asserts that because Hiscock requires antenna switching during active signal exchanges, it cannot anticipate the claimed method and apparatus, which require switching to occur between frequency exchanges. However, Examiner notes that the claim as written require the frequency hopping to be occur between the frequency exchanges. In frequency hopping, the frequency is switched (see, e.g., instant specification paragraph [0107]). Hiscock explicitly teaches that the carrier frequency may not be switched during frequency exchanges (see at least col. 8, line 63 through col. 9, line 6; “For each RTP “residual range” measurement, two phase measurements are required: one in each direction. During this period, neither the first device 204 or the second device 206 may change its internal carrier or mixing frequency.”). Because these measurements are carried out at multiple frequencies (see col. 8, lines 54-59; “This process may be repeated over multiple frequencies for the first carrier signal 250 and the second carrier signal 251 (in the industrial, scientific, and medical radio (ISM) band for example) from which multiple residual ranges are determined for each antenna pairing at each different frequency.”), the frequency hopping, or the switching of the antennas to a different carrier signal, only occurs between frequency exchanges. The antenna switching during active signal exchanges of Hiscock does not involve frequency hopping and is therefore not the kind of switching required by independent claims 1, 11 and 15. As such, Hiscock teaches all the limitations of the independent claims as written.
(B) Applicant argues, “Dependent claims 2-10, 12-14 and 16-20 depend directly or indirectly from independent claim 1, 11 or 15 and include all the features recited therein. Accordingly, dependent claims 2-10, 12-14 and 16-20 are novel and patentable over the cited art of record for at least those reasons stated above with respect to the independent claims and to the independent claims from which they ultimately depend,” (from remarks pages 12-13).
As to point (B), see point (A).
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 1-10 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.
Claim 1 recites the limitation "the plurality of antennas" in line 7. There is insufficient antecedent basis for this limitation in the claim, as a plurality of antennas has not been previously introduced. For purposes of examination, the amended material appearing in lines 7-10 will be read as appearing later in the claim, specifically as appearing just prior to the “determining a distance step”. This change both resolves the antecedent basis issue and makes claim 1 analogous to device claim 15.
Dependent claims are likewise rejected.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1 and 9-15 are rejected under 35 U.S.C. 102(a) as being anticipated by Hiscock et al. (US-10499363-B1; hereinafter Hiscock).
Regarding claim 1, Hiscock discloses:
A ranging method applied to a communication apparatus (see at least Abs; “Disclosed are systems, devices and methods for determining a range estimate between two Bluetooth enabled devices…”), the method comprising:
obtaining first measurement information (see at least col. 8, lines 23-28; “For example, the first device 204 may transmit a first carrier signal 250 that is sampled by the first antenna element 244 to produce a first sample 252 (y1), the second antenna element 246 to produce a second sample 254 (y2), and the third antenna element 248 to produce a third sample 256 (y3).”) and second measurement information (see col. 8, lines 34-43; “Then, a reverse phase measurement is made, where the second device 206 transmits a second carrier signal 251 from the first antenna element 244 that is sampled by the antenna 208 to produce a fourth sample 262 (x1), from the second antenna element 246 to produce a fifth sample 264 (x2), and from the third antenna element 248 to produce a sixth sample 266 (x3). The six samples described are phase estimates that may be used to determine residual range estimates for each antenna pairing.”),
wherein the first measurement information comprises a plurality of groups of sampled data (see at least Fig. 2, fourth sample 262, fifth sample 264 and sixth sample 266) that are obtained by a first device (see at least Fig. 2, first device 204) by sampling retroreflection measurement signals (see at least Fig. 2, second carrier signal 251) received through a plurality of antenna channels of a single antenna (see at least Fig. 2, antenna 208), and
wherein the second measurement information comprises a plurality of groups of sampled data (see at least Fig. 2, first sample 252, second sample 254, third sample 256) that are obtained by a second device (see at least Fig. 2, second device 206) by sampling measurement signals (see at least Fig. 2, first carrier signal 250) received through a plurality of antenna channels of each of a plurality of antennas (see at least Fig. 2, antenna elements 244, 246 and 248); wherein the second device switches the plurality of antennas in a frequency hopping interval (see at least col. 8, lines 54-59; “This process may be repeated over multiple frequencies for the first carrier signal 250 and the second carrier signal 251 (in the industrial, scientific, and medical radio (ISM) band for example) from which multiple residual ranges are determined for each antenna pairing at each different frequency.”) such that an antenna switching occurs between a moment at which a previous frequency exchange ends and a moment at which a next frequency exchange starts (see at least col. 8, line 63 through col. 9, line 6; “For each RTP “residual range” measurement, two phase measurements are required: one in each direction. During this period, neither the first device 204 or the second device 206 may change its internal carrier or mixing frequency. Each pair of antennas 208<->244, 208<->246 and 208<->248 yields three “residual ranges” that could be averaged in one approach. Ideally, each carrier signal 250 and 251 is the same frequency. Practical radio constraints imply that each carrier signal 250 and 251 are within 50 kHz. The multiple antennas sample the same carrier but at slightly different times using the switch.” Because the devices must maintain the same internal carrier during measurements, frequency hopping necessarily only happens between the measurements.); and
determining a distance between the first device and the second device based on the first measurement information and the second measurement information (see at least col. 8, lines 41-43; “The six samples described are phase estimates that may be used to determine residual range estimates for each antenna pairing.”).
Regarding claim 9, Hiscock discloses the method according to claim 1. Hiscock further teaches:
wherein frequencies of measurement signals transmitted through a plurality of antenna channels corresponding to one of the plurality of antennas (see at least Fig. 2, second carrier signal 251 originating from each of the three antennas 244, 246 and 248) are partially the same as or different from frequencies of measurement signals transmitted through a plurality of antenna channels corresponding to another one of the plurality of antennas (see at least col. 8, lines 60-63; “Also, while carrier signals 250 and 251 are shown, each carrier signal 250 and 251 may be three different signals at the same or different frequencies.”).
Regarding claim 10, Hiscock discloses the method according to claim 1. Hiscock further teaches:
wherein frequencies of a plurality of measurement signals transmitted through a plurality of antenna channels corresponding to each antenna are different (see at least col. 8, lines 60-63; “Also, while carrier signals 250 and 251 are shown, each carrier signal 250 and 251 may be three different signals at the same or different frequencies.”).
Regarding claim 11, Hiscock discloses:
A communication method (see at least col. 5, lines 18-21; “First and second devices 104 and 106 may be representative of any device, appliance or machine that is configurable to exchange data over a wireless communications network.”), wherein the method is applied to a second device (see at least Fig. 2, second device 206) comprising a plurality of antennas (see at least Fig. 2, antennas 244, 246 and 248), each of the plurality of antennas corresponds to a plurality of antenna channels (see at least col. 11, lines 62-65; “This process may be repeated over multiple frequencies for the first carrier signal 250 and the second carrier signal 251 (in the industrial, scientific, and medical radio (ISM) band for example), from which a range is determined.”), and the method comprises:
receiving, through each of the plurality of antenna channels corresponding to each antenna (see at least Fig. 2, antennas 244, 246, 248 receiving first carrier signal 250) based on a multi-antenna time division working mode (see at least col. 8, lines 28-33; “The first antenna element 244, a second antenna element 246, and a third antenna element 248 may be switched in a known sequence (or could capture all yn concurrently) during reception of the first carrier signal 250. If sequentially measured, the delta t will be known to a given accuracy.”) and a frequency hopping mode of each antenna (see at least col. 11, lines 62-65; “This process may be repeated over multiple frequencies for the first carrier signal 250 and the second carrier signal 251 (in the industrial, scientific, and medical radio (ISM) band for example), from which a range is determined.”), a measurement signal sent by a first device (see at least Fig. 2, first carrier signal 250) wherein the second device switches the plurality of antennas in a frequency hopping interval (see at least col. 8, lines 54-59; “This process may be repeated over multiple frequencies for the first carrier signal 250 and the second carrier signal 251 (in the industrial, scientific, and medical radio (ISM) band for example) from which multiple residual ranges are determined for each antenna pairing at each different frequency.”) such that an antenna switching occurs between a moment at which a previous frequency exchange ends and a moment at which a next frequency exchange starts (see at least col. 8, line 63 through col. 9, line 6; “For each RTP “residual range” measurement, two phase measurements are required: one in each direction. During this period, neither the first device 204 or the second device 206 may change its internal carrier or mixing frequency. Each pair of antennas 208<->244, 208<->246 and 208<->248 yields three “residual ranges” that could be averaged in one approach. Ideally, each carrier signal 250 and 251 is the same frequency. Practical radio constraints imply that each carrier signal 250 and 251 are within 50 kHz. The multiple antennas sample the same carrier but at slightly different times using the switch.” Because the devices must maintain the same internal carrier during measurements, frequency hopping necessarily only happens between the measurements.); and
sampling the measurement signal received through each antenna channel, to obtain a plurality of groups of sampled data (see at least col. 8, lines 23-28; “For example, the first device 204 may transmit a first carrier signal 250 that is sampled by the first antenna element 244 to produce a first sample 252 (y1), the second antenna element 246 to produce a second sample 254 (y2), and the third antenna element 248 to produce a third sample 256 (y3).”), wherein the plurality of groups of sampled data are used to determine a distance between the first device and the second device (see at least col. 8, lines 41-43; “The six samples described are phase estimates that may be used to determine residual range estimates for each antenna pairing.”).
Regarding claim 12, Hiscock discloses the method according to claim 11. The remaining limitations of claim 12 are analogous to those of claim 9 and are rejected for similar reasons.
Regarding claim 13, Hiscock discloses the method according to claim 11. The remaining limitations of claim 13 are analogous to those of claim 10 and are rejected for similar reasons.
Regarding claim 14, Hiscock discloses the method according to claim 11. Hiscock further teaches:
further comprising: sending a retroreflection measurement signal to the first device (see at least Fig. 2, second carrier signal 251) through an antenna channel of the received measurement signal (see at least col. 9, lines 2-3; “Ideally, each carrier signal 250 and 251 is the same frequency.”) based on the multi-antenna time division working mode (see at least col. 8, lines 43-47; “Furthermore, the first antenna element 244, a second antenna element 246, and a third antenna element 248 may be switched in a known sequence during transmission of the second carrier signal 251.”) and the frequency hopping mode of each antenna (see at least col. 11, lines 62-65; “This process may be repeated over multiple frequencies for the first carrier signal 250 and the second carrier signal 251 (in the industrial, scientific, and medical radio (ISM) band for example), from which a range is determined.”).
Regarding claim 15, Hiscock discloses:
A communication apparatus (see at least col. 6, lines 23-26; “First device 104 may include, for example, a communication interface 130 that provides for or otherwise supports the operative coupling of first device 104 to a wireless communications network at least through an antenna 108.”), comprising:
a memory (see at least Fig. 1, memory 122), configured to store a processor-executable instruction (see at least col. 5, lines 53-56; “Thus, by way of example but not limitation, first device 104 may include at least one processing unit 120 that is operatively coupled to a memory 122 through a bus 128.”);
a processor (see at least Fig. 1, processing unit 120), configured to invoke and execute the processor-executable instruction to cause the communication apparatus to perform operations (see at least col. 6, lines 7-10; “In a particular implementation, memory 122 and processing unit 120 may be configured to execute one or more aspects of process discussed herein in connection with FIG. 8.”) including:
obtaining first measurement information (see at least col. 8, lines 23-28; “For example, the first device 204 may transmit a first carrier signal 250 that is sampled by the first antenna element 244 to produce a first sample 252 (y1), the second antenna element 246 to produce a second sample 254 (y2), and the third antenna element 248 to produce a third sample 256 (y3).”) and second measurement information (see col. 8, lines 34-43; “Then, a reverse phase measurement is made, where the second device 206 transmits a second carrier signal 251 from the first antenna element 244 that is sampled by the antenna 208 to produce a fourth sample 262 (x1), from the second antenna element 246 to produce a fifth sample 264 (x2), and from the third antenna element 248 to produce a sixth sample 266 (x3). The six samples described are phase estimates that may be used to determine residual range estimates for each antenna pairing.”),
wherein the first measurement information comprises a plurality of groups of sampled data (see at least Fig. 2, fourth sample 262, fifth sample 264 and sixth sample 266) that are obtained by a first device (see at least Fig. 2, first device 204) by sampling retroreflection measurement signals (see at least Fig. 2, second carrier signal 251) received through a plurality of antenna channels of a single antenna (see at least Fig. 2, antenna 208), and
wherein the second measurement information comprises a plurality of groups of sampled data (see at least Fig. 2, first sample 252, second sample 254, third sample 256) that are obtained by a second device (see at least Fig. 2, second device 206) by sampling measurement signals (see at least Fig. 2, first carrier signal 250) received through a plurality of antenna channels of each of a plurality of antennas (see at least Fig. 2, antenna elements 244, 246 and 248), wherein the second device switches the plurality of antennas in a frequency hopping interval (see at least col. 8, lines 54-59; “This process may be repeated over multiple frequencies for the first carrier signal 250 and the second carrier signal 251 (in the industrial, scientific, and medical radio (ISM) band for example) from which multiple residual ranges are determined for each antenna pairing at each different frequency.”) such that an antenna switching occurs between a moment at which a previous frequency exchange ends and a moment at which a next frequency exchange starts (see at least col. 8, line 63 through col. 9, line 6; “For each RTP “residual range” measurement, two phase measurements are required: one in each direction. During this period, neither the first device 204 or the second device 206 may change its internal carrier or mixing frequency. Each pair of antennas 208<->244, 208<->246 and 208<->248 yields three “residual ranges” that could be averaged in one approach. Ideally, each carrier signal 250 and 251 is the same frequency. Practical radio constraints imply that each carrier signal 250 and 251 are within 50 kHz. The multiple antennas sample the same carrier but at slightly different times using the switch.” Because the devices must maintain the same internal carrier during measurements, frequency hopping necessarily only happens between the measurements.); and
determining a distance between the first device and the second device based on the first measurement information and the second measurement information (see at least col. 8, lines 41-43; “The six samples described are phase estimates that may be used to determine residual range estimates for each antenna pairing.”).
Allowable Subject Matter
Claims 2 and 16 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 and if the 35 U.S.C. 112(b) rejection of claim 1 is resolved. Claims 3-8 and 17-20 are dependent on claims 2 and 16 and are similarly objected to; they would be allowable should claims 2 and 16 be incorporated into the rejected base claim and the 35 U.S.C. 112(b) rejection of claim 1 is resolved.
The subject matter of claims 2 and 16 requires that the target sample data be fitted using a sequence piecewise linear algorithm to obtain at least one target fitted curve. A second patent by Hiscock (US-20210124061-A1) teaches fitting a best fit line to sample data to obtain a distance estimate (see at least [0026]; “A best fit line is determined from the fine phase measurements to obtain a rough gradient, which is proportional to a rough distance estimate.”). However, the prior art does not teach performing a fit using a sequence piecewise linear algorithm. A modification would require significant redesign, and therefore it would not be reasonable to modify.
Conclusion
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 Ashley B. Raynal whose telephone number is (703)756-4546. The examiner can normally be reached Monday - Friday, 8 AM - 4 PM.
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/ASHLEY BROWN RAYNAL/Examiner, Art Unit 3648
/OLUMIDE AJIBADE AKONAI/Primary Examiner, Art Unit 3648
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