DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
Claims 1, 10, 13, 14 objected to because of the following informalities: “
Claim 2 objected to because of the following informalities: 1) “if the mobile device does not receive any of the responses: stopping transmitting by the mobile device the second positioning signals; transmitting, by the mobile device, third positioning signals to the plurality of locator devices via the first wireless network; generating, by the plurality of locator devices, the second positioning information based on the third positioning signals;” in lines 4-9. It appears that “stopping transmitting by the mobile device the second positioning signals; transmitting, by the mobile device, third positioning signals to the plurality of locator devices via the first wireless network” is the same as “transmitting, by the mobile device, second positioning signals to the plurality of locator devices via a first wireless network” mentioned in claim 1 lines 8-9. All these transmissions have no “any of the responses” because the transmissions are under “if the mobile device does not receive any of the responses”. Also it appears that “generating, by the plurality of locator devices, the second positioning information based on the third positioning signals” is not performed because “transmitting, by each of the plurality of locator devices, respective responses to the mobile device upon receiving the respective second positioning signals” and the “generating” is under condition “if the mobile device does not receive any of the responses” as claimed in lines 2-4. 2) “ transmitting, by the mobile device, the second positioning signals to the plurality of locator devices via the first wireless network; generating, by the plurality of locator devices, the second positioning information based on the second positioning signals, and retrieving the first positioning information from the second positioning signals; and providing, by the plurality of locator devices, the first positioning information and the second positioning information to the hybrid positioning engine” in lines 1-9 from bottom. It appears that these limitations have been mentioned in claim 1.
Claim 13 objected to because of the following informalities: “a hybrid positioning engine”. It appears that “a” should be “the”. Appropriate correction is required.
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 2-5, 13-14 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 2 recites the limitation: “stopping transmitting by the mobile device the third positioning signals” in line 15. It is indefinite because: i) There is insufficient antecedent basis for the limitation “the third positioning signals” in the claim because the “third positioning signals” is transmitted under condition “if the mobile device does not receive any of the responses” instead of “if the mobile device receives at least one of the responses” as defined in lines 4-6 and 14-15. ii) it is not clear when “transmitting by the mobile device the third positioning signals” is performed before the condition “if the mobile device receives at least one of the responses” is met. Because the claim is indefinite and cannot be properly construed, for purposes of examination, this limitation is being interpreted as “stopping transmitting by the mobile device the third positioning signals” in line 15. Because the claim is indefinite and cannot be properly construed, for purposes of examination, this limitation is being interpreted as “transmitting by the mobile device the second positioning signals”. Appropriate clarification is required.
Claims 3-5 are also rejected by virtue of their dependency on claim 2 because each of dependent claims 3-5 is unclear, at least, in that it depends on unclear claim 2.
Claim 13 recites the limitations: 1) "a hybrid positioning engine" in line 4. It is indefinite because it is not clear whether or not the "a hybrid positioning engine" in line 4 relates to the "a hybrid positioning engine" mentioned in line 1. Because the claim is indefinite and cannot be properly construed, for purposes of examination, this limitation is being interpreted as "the hybrid positioning engine". 2) "the hybrid positioning engine" in line 4. It is indefinite because it is not clear which one of the "a hybrid positioning engine" in line 4 and the "a hybrid positioning engine" mentioned in line 1 "the hybrid positioning engine" in line 4 represents. Because the claim is indefinite and cannot be properly construed, for purposes of examination, this limitation is being interpreted as the "a hybrid positioning engine" mentioned in line 1. Appropriate clarifications are required.
Claim 14 recites the limitation: " a plurality of locator devices” in lines 3-4. It is indefinite because it is not clear whether or not the " a plurality of locator devices” in lines 3-4 relate to the " a locator device” mentioned in line 1. Because the claim is indefinite and cannot be properly construed, for purposes of examination, this limitation is being interpreted as "a plurality of locator devices” including the “a locator device” mentioned in line 1. Appropriate clarifications are required.
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 1-3, 5-6, 9, 13-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Moeglein et al. (WO 2005/004527, hereafter Moeglein).
Regarding claim 1, Moeglein (‘527) discloses that A method for positioning estimation in a hybrid positioning system {title; [0049] line 1 (Figure 5 shows another example of a hybrid positioning system); [0053] lines 9-11 (the collection and enhancement operations are performed in almanac server 513, which communicates with location server 511 in performing hybrid position determination for mobile stations)} comprising a first positioning system, which is based on global navigation satellite system (GNSS) { Fig.5 items 507 (mobile station), 521 (satellite); [0049] line 1 (Figure 5 shows another example of a hybrid positioning system), 4-5 (A method for determining the position of mobile station 507 may use SPS signals (e.g., from satellite 521),) }, a second positioning system, which includes a plurality of locator devices { Fig.5 items 503 (cellular phone base station), 505 (wireless network access point B), 509 (wireless network access point A) to 507 (mobile station); Fig.8 item 803 (utilizes, by the mobile station, the wireless signals from each of the access points of the different wireless networks in determining the position of the mobile station); [0049] line 1 (Figure 5 shows another example of a hybrid positioning system), 4 (A method for determining the position of mobile station 507), 5-8 (wireless signals from the access points (e.g. cellular phone base station 503), the wireless signals from access points· of other wireless networks, such as those from access point B (505)) ; [0058] lines 7-8 (operation 803, the mobile station utilizes the wireless signals from each of the access points of the different wireless networks in determining the position of the mobile station) }, and a hybrid positioning engine { Fig.5 item 511, 513; [0053] lines 9-11 (the collection and enhancement operations are performed in almanac server 513, which communicates with location server 511 in performing hybrid position determination for mobile stations) }, the method comprising:
obtaining, by a mobile device, first positioning information based on first positioning signals received from the first positioning system, wherein the first positioning information comprises GNSS position data of the mobile device { Fig.5 items 521(satellite), 507 (mobile station); Fig.9 item 821 (receives, at a mobile station, SPS. signals transmitted from one or more SPS satellites); [0012] line 6 from bottom (SPS (Satellite Positioning System); [0041] lines 5-6 (a receiver for receiving SPS signals from SPS satellites (e.g., GPS satellites, not shown in Figure 4).); [0049] lines 4-5 (use SPS signals (e.g., from satellite 521)); [0059] lines 1-4 (Figure 9 shows a method· of hybrid position determination using two wireless networks, Operation 821 receives, at a mobile station, SPS. signals transmitted from one or more SPS satellites) };
transmitting, by the mobile device, second positioning signals to the plurality of locator devices via a first wireless network, wherein the second positioning signals contain the first positioning information { Fig.4 communication between items 407 and 411 via items 401 and 403; Fig.12 item 907 (communicate between …); [0052] lines 11 (mobile station obtains measurements based on SPS signals), 13-15 (The mobile station may calculate its position using the measurements and transmit to the location server the calculated position); [0062] lines 17-19 (In operation 907, the mobile station and the server communicate to determine the position of the mobile station, and this communication may be through the second wireless access point.); Examiner’s note: Fig.4 and [0062] lines 17-19 shows mobile station transmit to access point first and then to server.};
generating, by the plurality of locator devices, second positioning information based on the second positioning signals, wherein the second positioning information comprises positioning data of the mobile device in the second positioning system, and retrieving the first positioning information from the second positioning signals { Fig.4 communication between items 407 and 411 via items 401 and 403; [0042] lines 2-8 (Mobile station 407 communicates the information extracted from the observed SPS signals (e.g., SPS pseudorange measurements, a record of an SPS message for comparison to determine a time of signal reception) and the information extracted from the observed wireless signals (e.g., the identification of an access point, round trip or one-way time measurements between mobile station 407 and at least one of the wireless access points, received signal levels) to the location server through one of the wireless networks); [0045] lines 4-6 (After determining the identities of base stations (e.g. the wireless access points 403 and 405) of both wireless networks A and B, the mobile station 407 transmits the base station identifications to location server 411); [0062] lines 17-19 (In operation 907, the mobile station and the server communicate to determine the position of the mobile station, and this communication may be through the second wireless access point.); Examiner’s note: wireless network for “second positioning system”. [0062] lines 17-19 for “generating, by the plurality of locator devices, second positioning information based on the second positioning signals” };
providing, by the plurality of locator devices, the first positioning information and the second positioning information to the hybrid positioning engine {Fig.4 communication between items 407 and 411 via items 401 and 403, 405; [0042] lines 2-8 (Mobile station 407 communicates the information extracted from the observed SPS signals (e.g., SPS pseudorange measurements, a record of an SPS message for comparison to determine a time of signal reception) and the information extracted from the observed wireless signals (e.g., the identification of an access point, round trip or one-way time measurements between mobile station 407 and at least one of the wireless access points, received signal levels) to the location server through one of the wireless networks); [0062] lines 17-19 (In operation 907, the mobile station and the server communicate to determine the position of the mobile station, and this communication may be through the second wireless access point.); }; and
determining, by the hybrid positioning engine, an estimated position of the mobile device based on the first positioning information and the second positioning information { [0042] lines 15-20 (The location server 411 may determine the location of the mobile station, retrieve from servers 413 and 415 the locations of wireless access points 403 and 405 and use those locations and the range measurements, which indicate a distance between the mobile station 407 and the points 403 and 405, and the SPS pseudorange measurements and SPS ephemeris information to calculate a position of the mobile station 407.); [0053] lines 9-11 (the collection and enhancement operations are performed in almanac server 513, which communicates with location server 511 in performing hybrid position determination for mobile stations) }.
Regarding claim 2, which depends on claim 1, Moeglein (‘527) discloses that the method
further comprising:
transmitting, by each of the plurality of locator devices, respective responses to the mobile device upon receiving the respective second positioning signals { Fig.4 items 407 communicate with items 405 and 403; [0057] lines 5-8 (The mobile station transmits the data to a server when a communication link, is available.); Examiner’s note: link is available for “response”}; and
if the mobile device does not receive any of the responses { [0056] lines 13-14 (an access point has not been observed for a certain period of time,)}:
or
if the mobile device receives at least one of the responses {Fig.4 items 407 communicate with items 405 and 403; [0057] lines 5-8 (The mobile station transmits the data to a server when a communication link, is available.)}:
stopping transmitting by the mobile device the third positioning signals {Fig.5 (no transmission from item 507 to item 505)};
transmitting, by the mobile device, the second positioning signals to the plurality of locator devices via the first wireless network;
generating, by the plurality of locator devices, the second positioning information based on the second positioning signals, and retrieving the first positioning information from the second positioning signals; and
providing, by the plurality of locator devices, the first positioning information and the second positioning information to the hybrid positioning engine.
{The claim limitations above are the same or substantially the same scope as the corresponding claim limitations in claim 1. Therefore the claim limitations above are rejected in the same or substantially the same manner as in claim 1. See the rejections of claim 1}.
Regarding claim 3, which depends on claims 1-2, Moeglein (‘527) discloses that in the method,
the first wireless network is a Bluetooth network, a ultra wideband network, or a WiFi network {Fig.4 items 407(mobile station), 403 (wireless network); Fig.5 items 507 (mobile station), 503 (cellular phone base station); [0033] lines 4-6 (wireless phone services (e.g., cellular phone services for data, voice or both) and wireless digital communication services (e.g., wireless local area networks such as Wi-Fi networks, bluetooth, ultra-wideband) }; and/or
the second wireless network is a WiFi network or a cellular network { Fig.4 item 405 (wireless network B); [0041] lines 10-15 (each of wireless networks A and B includes a number of access points (e.g., cellular base stations such as wireless access points 403 and 405). Wireless networks A and B may use the same type of air interface, operated by different service providers or they may operate with the same communication protocols but at different frequencies.) }.
Regarding claim 5, which depends on claims 1-2, Moeglein (‘527) discloses that in the method,
the first positioning information further comprises first time information in the first positioning system { [0042] lines 3-5 (the observed SPS signals (e.g., SPS pseudorange measurements, a record of an SPS message for comparison to determine a time of signal reception)) },
the method further comprising:
generating, by the mobile device, second time information for the second positioning system, based on the first time information { [0041] lines 5-9 (the mobile station, Timing measurements (e.g., pseudorange, round trip time, times of arrival of signals, time differences of arrival of signals) based on the wireless signals from one or both of wireless networks A and B (and SPS signals) may be used to determine the position of the mobile station) };
including, by the mobile device, the second time information in at least one of the second positioning signals or the third positioning signals { [0042] lines 2-8 (Mobile station 407 communicates the information extracted from the observed SPS signals (e.g., SPS pseudorange measurements, a record of an SPS message for comparison to determine a time of signal reception) and the information extracted from the observed wireless signals (e.g., the identification of an access point, round trip or one-way time measurements between mobile station 407 and at least one of the wireless access points, received signal levels) to the location server through one of the wireless networks); [0045] lines 4-6 (After determining the identities of base stations (e.g. the wireless access points 403 and 405) of both wireless networks A and B, the mobile station 407 transmits the base station identifications to location server 411); [0062] lines 17-19 (In operation 907, the mobile station and the server communicate to determine the position of the mobile station, and this communication may be through the second wireless access point.)}; and
performing, by the hybrid positioning engine, a synchronization of the first positioning information and the second positioning information based on the first time information and the second time information { [0042] lines 15-20 (The location server 411 may determine the location of the mobile station, retrieve from servers 413 and 415 the locations of wireless access points 403 and 405 and use those locations and the range measurements, which indicate a distance between the mobile station 407 and the points 403 and 405, and the SPS pseudorange measurements and SPS ephemeris information to calculate a position of the mobile station 407.); [0053] lines 9-11 (the collection and enhancement operations are performed in almanac server 513, which communicates with location server 511 in performing hybrid position determination for mobile stations) }.
Regarding claim 6, which depends on claim 1, Moeglein (‘527) discloses that in the method, the second positioning information comprises at least one of:
distance estimation based on at least one of received signal strength, channel sounding, or round trip time; or
relative angle estimation based on signal arriving angles.
{ Fig.6 (R1, R2, R3); [0007] lines 9-10 (A third measurement (even an angle of arrival or cell sector identification) resolves the ambiguity); [0042] lines 5-8 (the information extracted from the observed wireless signals (e.g., the identification of an access point, round trip or one-way time measurements between mobile station 407 and at least one of the wireless access points, received signal levels) to the location server through one of the wireless networks), 17-19 (retrieve from servers 413 and 415 the locations of wireless access points 403 and 405 and use those locations and the range measurements, which indicate a distance between ' the mobile station 407 and the points 403 and 405), 23-24 (the location server 411 may use only terrestrial range measurements ( or other types of measurements such as signal strength measurements))) }.
Regarding claim 9, which depends on claim 1, Moeglein (‘527) discloses that in the method, determining the estimated position of the mobile device based on the first positioning information and the second positioning information comprises
a fusion processing of the first positioning information and the second positioning information using at least one of a signal processing algorithm or a machine learning algorithm { [0053] lines 9-11 (the collection and enhancement operations are performed in almanac server 513, which communicates with location server 511 in performing hybrid position determination for mobile stations); [0064] lines 15-17 (The server may, for example, combine the SPS pseudoranges with the measurements on signals from the wireless access points to determine the position of the mobile station.); Examiner’s note: combine for “a fusion processing” and “a signal processing algorithm” }.
Regarding claim 13, as modified above, Moeglein (‘527) discloses that A hybrid positioning engine {Fig.5 item 511 (location server); Title; [0049] line 1 (Figure 5 shows another example of a hybrid positioning system); [0053] lines 9-11 (the collection and enhancement operations are performed in almanac server 513, which communicates with location server 511 in performing hybrid position determination for mobile stations) }, configured for positioning estimation in a hybrid positioning system {title} comprising a first positioning system, which is based on global navigation satellite system (GNSS) { Fig.5 items 507 (mobile station), 521 (satellite); [0049] line 1 (Figure 5 shows another example of a hybrid positioning system), 4-5 (A method for determining the position of mobile station 507 may use SPS signals (e.g., from satellite 521),) }, a second positioning system, which includes a plurality of locator devices { Fig.5 items 503 (cellular phone base station), 505 (wireless network access point B), 509 (wireless network access point A) to 507 (mobile station); Fig.8 item 803 (utilizes, by the mobile station, the wireless signals from each of the access points of the different wireless networks in determining the position of the mobile station); [0049] line 1 (Figure 5 shows another example of a hybrid positioning system), 4 (A method for determining the position of mobile station 507), 5-8 (wireless signals from the access points (e.g. cellular phone base station 503), the wireless signals from access points· of other wireless networks, such as those from access point B (505)) ; [0058] lines 7-8 (operation 803, the mobile station utilizes the wireless signals from each of the access points of the different wireless networks in determining the position of the mobile station) }, and a hybrid positioning engine { Fig.5 item 511, 513; [0053] lines 9-11 (the collection and enhancement operations are performed in almanac server 513, which communicates with location server 511 in performing hybrid position determination for mobile stations) }, the hybrid positioning engine comprising:
one or more processors {Fig.2 items 201 (server), 203 (processor)}; and
machine-readable storage medium storing instructions that, when executed by the one or more processors, cause the one or more processors to perform operations {Fig.2 item 207 (ROM), 205 (Volatile RAM), 206 (nonvolatile RAM); [0072] lines 1-2 (A machine readable medium can be used to store software and data which when executed by a data processing system causes the system to perform various methods); [0073] lines 4-5 (a machine readable medium includes recordable/nonrecordable media (e.g., read only memory (ROM); random access memory (RAM))} including:
receiving, from the plurality of locator devices, first positioning information of a mobile device in the first positioning system, and second positioning information of the mobile device in the second positioning system {Fig.4 communication between items 407 and 411 via items 401 and 403; Fig.5 items 507 (mobile station), 503 (cellular phone base station), 501 (network), 511 (location server), 521 (satellite); Fig.8 item 803 (utilizes, by the mobile station, the wireless signals from each of the access points of the different wireless networks in determining the position of the mobile station); Fig.12 item 907 (communicate between …); [0042] lines 2-8 (Mobile station 407 communicates the information extracted from the observed SPS signals (e.g., SPS pseudorange measurements, a record of an SPS message for comparison to determine a time of signal reception) and the information extracted from the observed wireless signals (e.g., the identification of an access point, round trip or one-way time measurements between mobile station 407 and at least one of the wireless access points, received signal levels) to the location server through one of the wireless networks); [0045] lines 4-6 (After determining the identities of base stations (e.g. the wireless access points 403 and 405) of both wireless networks A and B, the mobile station 407 transmits the base station identifications to location server 411); [0049] line 1 (Figure 5 shows another example of a hybrid positioning system), 4 (A method for determining the position of mobile station 507), 5-8 (wireless signals from the access points (e.g. cellular phone base station 503), the wireless signals from access points· of other wireless networks, such as those from access point B (505)) ; [0052] lines 11 (mobile station obtains measurements based on SPS signals), 13-15 (The mobile station may calculate its position using the measurements and transmit to the location server the calculated position); [0058] lines 7-8 (operation 803, the mobile station utilizes the wireless signals from each of the access points of the different wireless networks in determining the position of the mobile station) }; [0062] lines 17-19 (In operation 907, the mobile station and the server communicate to determine the position of the mobile station, and this communication may be through the second wireless access point.);}; and
determining an estimated position of the mobile device based on the first positioning information and the second positioning information {[0042] lines 15-20 (The location server 411 may determine the location of the mobile station, retrieve from servers 413 and 415 the locations of wireless access points 403 and 405 and use those locations and the range measurements, which indicate a distance between the mobile station 407 and the points 403 and 405, and the SPS pseudorange measurements and SPS ephemeris information to calculate a position of the mobile station 407.); [0053] lines 9-11 (the collection and enhancement operations are performed in almanac server 513, which communicates with location server 511 in performing hybrid position determination for mobile stations) }.
Regarding claim 14, Moeglein (‘527) discloses that A locator device { Fig.4 items 403 (wireless network A); Fig.5 item 503 (cellular phone base station); [0035] lines 1-2 from bottom (signals from access points of different wireless networks, while communicating with a remote server using one or more of the wireless networks); [0042] lines 5-8 (the information extracted from the observed wireless signals (e.g., the identification of an access point, round trip or one-way time measurements between mobile station 407 and at least one of the wireless access points, received signal levels) to the location server through one of the wireless networks) }, configured for positioning estimation in a hybrid positioning system {title} comprising a first positioning system, which is based on global navigation satellite system (GNSS) { Fig.5 items 507 (mobile station), 521 (satellite); [0049] line 1 (Figure 5 shows another example of a hybrid positioning system), 4-5 (A method for determining the position of mobile station 507 may use SPS signals (e.g., from satellite 521),) }, a second positioning system, which includes a plurality of locator devices{ Fig.5 items 503 (cellular phone base station), 505 (wireless network access point B), 509 (wireless network access point A) to 507 (mobile station); Fig.8 item 803 (utilizes, by the mobile station, the wireless signals from each of the access points of the different wireless networks in determining the position of the mobile station); [0049] line 1 (Figure 5 shows another example of a hybrid positioning system), 4 (A method for determining the position of mobile station 507), 5-8 (wireless signals from the access points (e.g. cellular phone base station 503), the wireless signals from access points· of other wireless networks, such as those from access point B (505)) ; [0058] lines 7-8 (operation 803, the mobile station utilizes the wireless signals from each of the access points of the different wireless networks in determining the position of the mobile station) }, and a hybrid positioning engine { Fig.5 item 511, 513; [0053] lines 9-11 (the collection and enhancement operations are performed in almanac server 513, which communicates with location server 511 in performing hybrid position determination for mobile stations) }, the locator device comprising:
one or more processors {Fig.2 items 201 (server), 203 (processor) }; and
machine-readable storage medium storing instructions that, when executed by the one or more processors, cause the one or more processors to perform operations {Fig.2 item 207 (ROM), 205 (Volatile RAM), 206 (nonvolatile RAM); [0072] lines 1-2 (A machine readable medium can be used to store software and data which when executed by a data processing system causes the system to perform various methods); [0073] lines 4-5 (a machine readable medium includes recordable/nonrecordable media (e.g., read only memory (ROM); random access memory (RAM))} including:
receiving positioning signals from a mobile device, wherein the positioning signals comprise first positioning information of the mobile device in the first positioning system { Fig.4 communication between item 407 and items 405 and 403; Fig.12 item 907 (communicate between …); [0052] lines 11 (mobile station obtains measurements based on SPS signals), 13-15 (The mobile station may calculate its position using the measurements and transmit to the location server the calculated position); [0062] lines 17-19 (In operation 907, the mobile station and the server communicate to determine the position of the mobile station, and this communication may be through the second wireless access point.)};
generating second positioning information based on the positioning signals, wherein the second positioning information comprises positioning data of the mobile device in the second positioning system, and retrieving the first positioning information from the positioning signals { Fig.4 communication between items 407 and 411 via items 401 and 403; [0042] lines 2-8 (Mobile station 407 communicates the information extracted from the observed SPS signals (e.g., SPS pseudorange measurements, a record of an SPS message for comparison to determine a time of signal reception) and the information extracted from the observed wireless signals (e.g., the identification of an access point, round trip or one-way time measurements between mobile station 407 and at least one of the wireless access points, received signal levels) to the location server through one of the wireless networks); [0045] lines 4-6 (After determining the identities of base stations (e.g. the wireless access points 403 and 405) of both wireless networks A and B, the mobile station 407 transmits the base station identifications to location server 411); [0062] lines 17-19 (In operation 907, the mobile station and the server communicate to determine the position of the mobile station, and this communication may be through the second wireless access point.); Examiner’s note: wireless network for “second positioning system”. [0062] lines 17-19 for “generating second positioning information based on the second positioning signals”}; and
providing the first positioning information and the second positioning information to the hybrid positioning engine {Fig.4 communication between items 407 and 411 via items 401 and 403, 405; [0042] lines 2-8 (Mobile station 407 communicates the information extracted from the observed SPS signals (e.g., SPS pseudorange measurements, a record of an SPS message for comparison to determine a time of signal reception) and the information extracted from the observed wireless signals (e.g., the identification of an access point, round trip or one-way time measurements between mobile station 407 and at least one of the wireless access points, received signal levels) to the location server through one of the wireless networks); [0062] lines 17-19 (In operation 907, the mobile station and the server communicate to determine the position of the mobile station, and this communication may be through the second wireless access point.)}.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Moeglein (‘527) as applied to claim 2 above, and further in view of Jin et al. (US2023/0097491, hereafter Jin).
Regarding claim 4, which depends on claims 1-2, Moeglein (‘527) discloses that in the method,
the second positioning system is based on Bluetooth technology, and the responses are generated { Fig.4 items 403 (wireless network A) and 405 (wireless network B); [0041] lines 2-4 from bottom (wireless networks A and B may also use different types of air interfaces (e.g., TDMA, GSM, CDMA, W-CDMA, UMTS, TD-SCDMA, IDEN, HDR, bluetooth, UWB,); [0042] lines 17-20 (retrieve from servers 413 and 415 the locations of wireless access points 403 and 405 and use those locations and the range measurements, which indicate a distance between the mobile station 407 and the points 403 and 405.)} .
However, Moeglein (‘527) does not explicitly disclose (see words with underline) “the responses are generated according to periodic advertising with responses (PAwR) in the Bluetooth technology”. In the same field of endeavor, Jin (‘491) discloses that
the responses are generated according to periodic advertising with responses (PAwR) in the Bluetooth technology { [0257] lines 7-11 (The processor may be configured to initiate a Bluetooth low energy (BLE) advertising operation in response to receiving the request and to periodically transmit an advertising packet with a time period in response to initiating the BLE advertising operation. }.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Moeglein (‘527) with the teachings of Jin (‘491) { periodically transmit an advertising packet with a time period in response to initiating the BLE advertising operation} to periodically transmit an advertising packet with a time period in response to initiating the BLE advertising operation. Doing so would provide a low energy advertising operation in Bluetooth technology so as to monitor reception of the advertising packet and increase the convenience of data exchange between the electronic device and input/output devices and/or between other remotely located media devices, as recognized by Jin (‘491) {[0003] lines 6 (Bluetooth low energy (BLE)); [0004] lines 3-5 ( increase the convenience of data exchange between the electronic device and input/output devices and/or between other remotely located media devices.); [0009] lines 1-5 (The BLE advertising operation may refer to an operation which periodically broadcasts an advertising packet through an advertising physical channel, and the BLE scan may refer to an operation which monitors reception of the advertising packet)}.
Claims 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Moeglein (‘527) as applied to claim 1 above, and further in view of Alizadeh-Shabdiz et al. (US 2012/0112958, hereafter Alizadeh-Shabdiz).
Regarding claim 7, which depends on claim 1, Moeglein (‘527) does not explicitly disclose “the first positioning information further comprises quality indication in the first positioning system, the method further comprising: determining, by the hybrid positioning engine, a first reliability of the first positioning information based on the quality indication; and if the first positioning information is determined to be reliable, determining by the hybrid positioning engine the estimated position of the mobile device based on the first positioning information and the second positioning information; or if the first positioning information is determined to be not reliable, determining by the hybrid positioning engine the estimated position of the mobile device based on the second positioning information”. In the same field of endeavor, Alizadeh-Shabdiz (‘958) discloses that in the method,
the first positioning information further comprises quality indication in the first positioning system { Fig.5; [0017] lines 1-3 (Fig.5, quality of the location estimate for a satellite position system.); [0028] lines 2-3 (combine the above metrics and use the result as an indicator of the quality of an SPS estimated location) },
the method further comprising:
determining, by the hybrid positioning engine, a first reliability of the first positioning information based on the quality indication { [0027] lines 8-9 (hybrid position system can take advantage of this difference in TTF and assign a quality factor to SPS location); [0028] lines 2-3 (combine the above metrics and use the result as an indicator of the quality of an SPS estimated location)}; and
if the first positioning information is determined to be reliable, determining by the hybrid positioning engine the estimated position of the mobile device based on the first positioning information and the second positioning information { [0033] lines 1-3 from bottom (the hybrid positioning system selects the best possible location when both SPS and WiFi positioning are available.) }; or
if the first positioning information is determined to be not reliable, determining by the hybrid positioning engine the estimated position of the mobile device based on the second positioning information { [0009] lines 13-14 (WiFi Positioning System (“WPS) and); [0031] lines 2-6 from bottom (the hybrid positioning system, based on realistic values for Velocity and bearing and previous SPS location, can reject a new reported SPS location, if the new location is much further than anticipated location.); [0050] lines 6-10 from bottom (If the WPS accuracy is above a given threshold while the accuracy of the SPS location estimate has fallen below a certain thresh old, the hybrid positioning system reports the location provided by the WPS.) }.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Moeglein (‘527) with the teachings of Alizadeh-Shabdiz (‘958) {consider the quality of an SPS estimated location in hybrid position system } to consider the quality of an SPS estimated location in hybrid position system. Doing so would provide a new method to assess the quality of a reported location from specific source of location to be used for hybrid positioning so as to increase the reliability and accuracy of location estimation in a hybrid positioning system, as recognized by Alizadeh-Shabdiz (‘958) {title; [0003] lines 2-4 (new method to assess the quality of a reported location from specific source of location to be used for hybrid positioning.)}.
Regarding claim 8, which depends on claim 1, Moeglein (‘527) does not explicitly disclose “including in the second positioning information, by the plurality of locator devices, confidence values of the positioning data of the mobile device in the second positioning system; determining, by the hybrid positioning engine, a second reliability of the second positioning information based on the confidence values; and if the second positioning information is determined to be reliable, determining by the hybrid positioning engine the estimated position of the mobile device based on the first positioning information and the second positioning information; or if the second positioning information is determined to be not reliable, determining by the hybrid positioning engine the estimated position of the mobile device based on the first positioning information”. In the same field of endeavor, Alizadeh-Shabdiz (‘958) discloses that the method, further comprising:
including in the second positioning information, by the plurality of locator devices, confidence values of the positioning data of the mobile device in the second positioning system { [0009] lines 13-14 (WiFi Positioning System (“WPS) and); [0050] lines 6-10 from bottom (If the WPS accuracy is above a given threshold while the accuracy of the SPS location estimate has fallen below a certain thresh old, the hybrid positioning system reports the location provided by the WPS.)};
determining, by the hybrid positioning engine, a second reliability of the second positioning information based on the confidence values { [0050] lines 1-3 (the hybrid positioning system assesses the quality of the location estimates from each source of location.)}; and
if the second positioning information is determined to be reliable, determining by the hybrid positioning engine the estimated position of the mobile device based on the first positioning information and the second positioning information { [0033] lines 1-3 from bottom (the hybrid positioning system selects the best possible location when both SPS and WiFi positioning are available.)}; or
if the second positioning information is determined to be not reliable, determining by the hybrid positioning engine the estimated position of the mobile device based on the first positioning information { [0037] lines 6-7 (the hybrid positioning system should report the SPS location as its final location); [0050] lines 1-4 from bottom (if only one source of location is able to provide an estimated location, then the hybrid positioning system reports the location from the only available system.)}.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Moeglein (‘527) with the teachings of Alizadeh-Shabdiz (‘958) { access the quality of the location estimates from each source of location in hybrid position system } to access the quality of the location estimates from each source of location in hybrid position system. Doing so would provide a new method to assess the quality of a reported location from specific source of location to be used for hybrid positioning so as to increase the reliability and accuracy of location estimation in a hybrid positioning system, as recognized by Alizadeh-Shabdiz (‘958) {title; [0003] lines 2-4 (new method to assess the quality of a reported location from specific source of location to be used for hybrid positioning.)}.
Claims 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Moeglein (‘527) in view of Peng et al . (US 2022/0357464, hereafter Peng).
Regarding claim 10, Moeglein (‘527) discloses that A mobile device {Fig.3 item 310 (mobile unit); Fig.4 item 407 (mobile station); Fig.5 item 507 (mobile station); [0074] line 4 (The combined mobile unit 310)}, configured for positioning estimation in a hybrid positioning system {title} comprising a first positioning system, which is based on global navigation satellite system (GNSS) { Fig.5 items 507 (mobile station), 521 (satellite); [0049] line 1 (Figure 5 shows another example of a hybrid positioning system), 4-5 (A method for determining the position of mobile station 507 may use SPS signals (e.g., from satellite 521),) }, a second positioning system, which includes a plurality of locator devices { Fig.5 items 503 (cellular phone base station), 505 (wireless network access point B), 509 (wireless network access point A) to 507 (mobile station); Fig.8 item 803 (utilizes, by the mobile station, the wireless signals from each of the access points of the different wireless networks in determining the position of the mobile station); [0049] line 1 (Figure 5 shows another example of a hybrid positioning system), 4 (A method for determining the position of mobile station 507), 5-8 (wireless signals from the access points (e.g. cellular phone base station 503), the wireless signals from access points· of other wireless networks, such as those from access point B (505)) ; [0058] lines 7-8 (operation 803, the mobile station utilizes the wireless signals from each of the access points of the different wireless networks in determining the position of the mobile station) }, and a hybrid positioning engine { Fig.5 item 511, 513; [0053] lines 9-11 (the collection and enhancement operations are performed in almanac server 513, which communicates with location server 511 in performing hybrid position determination for mobile stations) }, the mobile device comprising:
one or more processors {Fig.3 item 333 (processor)}; and
obtaining first positioning information based on first positioning signals received from the first positioning system, wherein the first positioning information comprises GNSS position data of the mobile device { Fig.5 items 521(satellite), 507 (mobile station); Fig.9 item 821 (receives, at a mobile station, SPS. signals transmitted from one or more SPS satellites); [0012] line 6 from bottom (SPS (Satellite Positioning System); [0041] lines 5-6 (a receiver for receiving SPS signals from SPS satellites (e.g., GPS satellites, not shown in Figure 4).); [0049] lines 4-5 (use SPS signals (e.g., from satellite 521)); [0059] lines 1-4 (Figure 9 shows a method· of hybrid position determination using two wireless networks, Operation 821 receives, at a mobile station, SPS. signals transmitted from one or more SPS satellites) }; and
transmitting second positioning signals to the plurality of locator devices, wherein the second positioning signals contain the first positioning information { Fig.4 communication between items 407 and 411 via items 401 and 403; [0052] lines 11 (mobile station obtains measurements based on SPS signals), 13-15 (The mobile station may calculate its position using the measurements and transmit to the location server the calculated position); Fig.12 item 907; [0062] lines 17-19 (In operation 907, the mobile station and the server communicate to determine the position of the mobile station, and this communication may be through the second wireless access point.); Examiner’s note: Fig.4 and [0062] lines 17-19 shows mobile station transmit to access point first and then to server.}.
However, Moeglein (‘527) does not explicitly disclose (see words with underline) “the mobile device comprising:” “machine-readable storage medium storing instructions that, when executed by the one or more processors, cause the one or more processors to perform operations”. In the same field of endeavor, Peng (‘464) discloses that
the mobile device comprising: machine-readable storage medium storing instructions that, when executed by the one or more processors, cause the one or more processors to perform operations {Fig.7 items 105 (mobile device), 710 (processing unit), 720 (DSP), 760 (memory); }
A person of ordinary skill in the art before the effective filing date of the claimed invention would have recognized that applying a known technique (e.g. a mobile device includes processors and memory for operation of the mobile device ) to a known device (e.g. a mobile device in a hybrid positioning system) ready for improvement to yield predictable results (e.g. operate the mobile device) and result in an improved system (e.g. provide a mobile device with ability to identify precise positioning information by using GNSS signals and position information based on one or more position sources , as recognized by Peng (‘464) {[0002] lines 1-2 (mobile devices , identifying precise positioning information), 4 (Precise Point Positioning ( PPP); [0003] lines 1-3 (mobile device for determining a PPP position, according to this disclosure comprises a GNSS receiver , a memory , and one or more processing units); [0004] lines 1-6 (determining a Precise Point Positioning ( PPP ) position , according to this disclosure , comprises obtaining , by a mobile device , one or more Global Navigation Satellite System ( GNSS ) signals , obtaining , by the mobile device , position information based on one or more position sources ,)}).
Regarding claim 11, Applicant recites claim limitations of the same or substantially the same scope as that of claim 5. Accordingly, claim 11 is rejected in the same or substantially the same manner as claim 5, shown above.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Moeglein (‘527) and Peng (‘464) as applied to claim 10 above, and further in view of Alizadeh-Shabdiz (‘958).
Regarding claim 12, which depends on claim 10, Moeglein (‘527) and Peng (‘464) do not explicitly disclose “the first positioning information further comprises quality indication in the first positioning system, the machine-readable storage medium further storing instructions that, when executed by the one or more processors, cause the one or more processors to perform operations including: determining a reliability of the first positioning information based on the quality indication; and if the first positioning information is determined to be not reliable, stopping transmitting second positioning signals to the plurality of locator devices”. In the same field of endeavor, Alizadeh-Shabdiz (‘958) discloses that in the method,
the first positioning information further comprises quality indication in the first positioning system { Fig.5; [0017] lines 1-3 (Fig.5, quality of the location estimate for a satellite position system.); [0028] lines 2-3 (combine the above metrics and use the result as an indicator of the quality of an SPS estimated location) },
the machine-readable storage medium further storing instructions that, when executed by the one or more processors, cause the one or more processors to perform operations including:
determining a reliability of the first positioning information based on the quality indication { Fig.5; [0017] lines 1-3 (Fig.5, quality of the location estimate for a satellite position system.); [0018] lines 20-21 (at the receiver side to assess the quality of different sources of locations); [0026] lines 13-16 (The receiver then solves a set of equations and calculates the location of the receiver. The quality of the reported location in SPS is usually assessed through Horizontal Dilution of Precision (HDOP); [0027] lines 8-9 (hybrid position system can take advantage of this difference in TTF and assign a quality factor to SPS location); [0028] lines 2-3 (combine the above metrics and use the result as an indicator of the quality of an SPS estimated location); [0052] lines 10-13 (the time after obtaining a first location estimate in a current run of a hybrid positioning system can directly affect the decision as to which source of location is the most reliable and/or accurate)}; and
if the first positioning information is determined to be not reliable, stopping transmitting second positioning signals to the plurality of locator devices {Fig.5; [0017] lines 1-3 (Fig.5, quality of the location estimate for a satellite position system.); [0052] lines 10-13 (the time after obtaining a first location estimate in a current run of a hybrid positioning system can directly affect the decision as to which source of location is the most reliable and/or accurate); [0053] lines 2-4 (determining the most reliable and/or most accurate source of location in a particular situation.); Examiner’s note: “most reliable” implies that not reliable “positioning information” is not generated as SPS output, therefore, no report.}.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the combination of Moeglein (‘527) and Peng (‘464) with the teachings of Alizadeh-Shabdiz (‘958) {consider the quality of an SPS estimated location in hybrid position system } to consider the quality of an SPS estimated location in hybrid position system. Doing so would provide a new method to assess the quality of a reported location from specific source of location to be used for hybrid positioning so as to increase the reliability and accuracy of location estimation in a hybrid positioning system, as recognized by Alizadeh-Shabdiz (‘958) {title; [0003] lines 2-4 (new method to assess the quality of a reported location from specific source of location to be used for hybrid positioning.)}.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US20240418819 discloses that “a fusion processing of the first positioning information and the second positioning information using at least one of a signal processing algorithm or a machine learning algorithm” {Title; abstract lines 4-6 (a trained machine learning model; and outputting a hybrid position of the user device) }, which further support the rejection of claim 9.
US 8,738,035 also discloses that “a fusion processing of the first positioning information and the second positioning information using at least one of a signal processing algorithm or a machine learning algorithm” { Col.4 lines 63-65 (provide an algorithm for blending Wi-Fi fix and GNSS fix to provide an overall good positioning accuracy.)} , which further support the rejection of claim 9.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YONGHONG LI whose telephone number is (571)272-5946. The examiner can normally be reached 8:30am - 5:00pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Vladimir Magloire can be reached at (571)270-5144. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/YONGHONG LI/ Examiner, Art Unit 3648
Prosecution Insights