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
This application is responsive to applicant amendments/remarks received 11/11/2025. Claims 1, 3, 7, 13, 17, 20 and 22 amended, claims 6, 12, 16, 21 and 23 canceled and claims 24-25 added. Claims 1-5, 7-11, 13-15, 17-20, 22 and 24-25 remain pending.
Claim Objections
Claim 22 is objected to because of the following informalities:
Claim 22 recites the limitation ‘where the tag comprises comprising’ on line 6, remove repeated word.
Claim 22 recites the limitation ‘wherein the processing device is operative under certain configured, in response to’ on line 11, it appears applicant forgot certain limitations where bolding is denoted?
Appropriate correction is required.
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.
Claims 1-5, 7-11, 13-15, 17-20, 22 and 24-25 are rejected under 35 U.S.C. 103 as being unpatentable over Strat (US Patent No. 20130242704 A1), in view of Chandramowle (US Patent No. 20210082266 A1).
In re claim 1, Strat teaches An article (Para [0011]: “… a product or item to which the tag is affixed.”), comprising:
an article body (Para [0011]: “… a product or item to which the tag is affixed.”); and
an electronic article surveillance (EAS) tag (Para [0013]: “In this case, the tag will continue to emit until the state of the motion is changed by that item being placed back on the shelf, the tag is deactivated by the product being purchased, the tag is discarded, or the tag receives a subsequent trigger signal, for example.” and SEE paras [0026]-[0027] and [0039]) attached to the article body (Para [0011]: “… a product or item to which the tag is affixed.”), comprising:
a power source (SEE FIG 1, Battery 17);
a processing device (SEE FIG 1, Controller 14) in electrical communication with the a power source (SEE FIG 1, Controller 14 connects to Battery 17); and
at least one piezoelectric transmitter (SEE FIG 1, Emitter 18, para [0016]: “The transducer can be a separate element from the emitter 18 (as shown) or the transducer and emitter can be the same element (not shown) given a suitable sensitivity.” and para [0017]: “Typically, the transducer is a piezoelectric device configured to be most sensitive to ultrasonic sound waves from an ultrasonic reader.”) in electrical communication with the processing device (SEE FIG 1, Controller 14 connects to Transducer 18),
comprising one or more of detected movement of the article and an accumulation of charge sufficient to power the processing device and the at least one piezoelectric transmitter (Para [0014]: “…power can be recovered from the transducer and/or emitter electrical signals, and can be used to recharge a battery (or capacitor), or can be used in real time to generate a modulated ultrasonic signal, similar to the techniques used to power RFID tags.” and para [0019]: “In particular, upon the controller detecting the electrical signal due to movement, the emitter 18 is powered up and receives the modulated data from the controller for transmission to an ultrasonic tag reader using an ultrasonic carrier sound wave 15. The data can include the tag identity data, and/or the specialized movement code.”), to use power from the power source to generate a signal causing the at least one piezoelectric transmitter to emit ultrasound energy in a pattern based on the signal (Para [0015]: “The controller can power up the emitter by switching in a power source such as rectified signals recovered from the transducer or emitter, a capacitor, or a rechargeable or pre-charged battery, all herein referred to as battery 17. The controller can then send the modulated sequence of the data to the emitter to be emitted as an ultrasonic carrier wave signal 15 to an ultrasonic reader.”).
Strat fails to teach wherein the processing device is configured, in response to internal tag conditions, and
wherein the EAS tag lacks an ultrasonic receiver and is configured to emit without receiving an ultrasonic trigger or interrogation.
However, Chandramowle teaches wherein the processing device is configured, in response to internal tag conditions (SEE PARA [0065] BELOW), and
wherein the EAS tag lacks an ultrasonic receiver (Para [0048]: “The tag 200 can include more or less components than that shown in FIG. 2.”) and is configured to emit without receiving an ultrasonic trigger or interrogation (Para [0065]: “The motion sensor 250 is communicatively coupled to the controller 210 such that it can notify the controller 210 when tag motion is detected. The motion sensor 250 also communicates sensor data to the controller 210. The sensor data is processed by the controller 210 to determine whether or not the motion is of a type for triggering enablement of the communication device (e.g., transceiver) 206 or at least one communications operation. For example, the sensor data can be compared to stored motion/gesture data 228 to determine if a match exists there-between. More specifically, a motion/gesture pattern specified by the sensor data can be compared to a plurality of motion/gesture patterns specified by the stored motion/gesture data 228. The plurality of motion/gesture patterns can include, but are not limited to, a motion pattern for walking, a motion pattern for running, a motion pattern for vehicle transport, a motion pattern for vibration caused by equipment or machinery in proximity to the tag (e.g., an air conditioner or fan), a gesture for requesting assistance, a gesture for obtaining additional product information, and/or a gesture for product purchase. The type of movement (e.g., vibration or being carried) is then determined based on which stored motion/gesture data matches the sensor data. This feature of the present solution allows the tag 200 to selectively enable the communication device (e.g., transceiver) or at least one communications operation only when the tag's location within a facility is actually being changed (e.g., and not when a fan is causing the tag to simply vibrate).”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Strat to incorporate the teachings of Chandramowle to provide wherein the processing device is configured, in response to internal tag conditions, and wherein the EAS tag lacks an ultrasonic receiver and is configured to emit without receiving an ultrasonic trigger or interrogation with the INDICATING ULTRASONIC DATA TAG MOVEMENT of Strat. Doing so allows the tag 200 to selectively enable the communication device (e.g., transceiver) or at least one communications operation only when the tag's location within a facility is actually being changed, as recognized by Chandramowle (Para [0065]).
Electronic article surveillance (EAS) tag claim 7 is rejected for the same reasons as article claim 1 for having similar limitations and being similar in scope.
In re claim 2, Strat and Chandramowle teach all of the limitations of claim 1 stated above where Chandramowle further teaches wherein the EAS tag is integral to the article body (Para [0002]: “The present disclosure relates generally to Electronic Article Surveillance (EAS). Examples related to EAS using a Radio Frequency Identification (RFID) tag integrated into a fabric or textile.”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination of Strat and Chandramowle to further incorporate the teachings of Chandramowle to provide wherein the EAS tag is integral to the article body with the INDICATING ULTRASONIC DATA TAG MOVEMENT of Strat as modified by Chandramowle. Doing so enables portions of conductive thread integrated/assimilated into the textile and also attached to the chip in a manner that ensures that they remain substantially straight, without a tendency of becoming bent or kinked, as recognized by Chandramowle (Para [0097]).
Electronic article surveillance (EAS) tag claim 8 and method claim 17 are rejected for the same reasons as article claim 2 for having similar limitations and being similar in scope.
In re claim 3, Strat and Chandramowle teach all of the limitations of claim 1 stated above where Strat further teaches wherein the EAS tag further comprises an energy harvesting circuit in communication with the a power source (Para [0011]: “Furthermore the same transducer can be used as an energy harvester to recharge the battery in the tag circuit.”).
Electronic article surveillance (EAS) tag claim 9 and method claim 18 are rejected for the same reasons as article claim 3 for having similar limitations and being similar in scope.
In re claim 4, Strat and Chandramowle teach all of the limitations of claim 3 stated above where Strat further teaches wherein:
the energy harvesting circuit comprises a second piezoelectric element operative to output electrical energy upon an application of force to the second piezoelectric element (Para [0025]: “…the transducer 16 and/or the emitter 18 can be connected to one or more rectifier circuits coupled to a battery 17 of the tag, so these elements can be used to re-charge the battery when exposed to vibrations, pressure, sound, and repetitive mechanical motion 20… Inasmuch as these elements convert mechanical movement (vibration) to electrical energy, this electrical energy can be used to recharge the connected battery.”);
the power source comprises an energy storage device (SEE FIGS 1 and 2, Battery 17); and
the EAS tag is operative, upon an application of force to the second piezoelectric element, to charge the energy storage device (Para [0025]: “…the transducer 16 and/or the emitter 18 can be connected to one or more rectifier circuits coupled to a battery 17 of the tag, so these elements can be used to re-charge the battery when exposed to vibrations, pressure, sound, and repetitive mechanical motion 20.”).
Electronic article surveillance (EAS) tag claim 10 and method claim 19 are rejected for the same reasons as article claim 4 for having similar limitations and being similar in scope.
In re claim 5, Strat and Chandramowle teach all of the limitations of claim 1 stated above where Strat further teaches wherein the processing device is operative to modulate the signal with information (Para [0015]: “The controller can power up the emitter by switching in a power source such as rectified signals recovered from the transducer or emitter, a capacitor, or a rechargeable or pre-charged battery, all herein referred to as battery 17. The controller can then send the modulated sequence of the data to the emitter to be emitted as an ultrasonic carrier wave signal 15 to an ultrasonic reader.”).
Electronic article surveillance (EAS) tag claim 11 and method claim 20 are rejected for the same reasons as article claim 5 for having similar limitations and being similar in scope.
In re claim 13, Strat teaches A method of electronic article surveillance (EAS), comprising:
detecting, by an EAS reader of an EAS system, an ultrasound signal emitted by a piezoelectric tag attached to an article (Para [0019]: “In particular, upon the controller detecting the electrical signal due to movement, the emitter 18 is powered up and receives the modulated data from the controller for transmission to an ultrasonic tag reader using an ultrasonic carrier sound wave 15.”);
determining, by the EAS system, whether the detected signal meets an alarm condition (Para [0026]: “In practice, upon detecting movement, the present invention can be used for other applications. For example, in any of the above scenarios, the indication of movement received by the reader can be used to initiate an external activity by the reader when the movement is first detected. Moreover, different movement codes can be used to trigger different external activities.”); and
upon determining that the detected signal meets an alarm condition, indicating, by the EAS system, an alarm (Para [0026]: “The external activity can be: alerting an ultrasonic locating system to track tagged merchandise while in movement; alerting a video camera to concentrate (zoom in) on the location of movement; alarm, shut down or turn on the reader system that is monitoring the tag; triggering an RFID system; or trigger some task of reading parameters of an environment where the tag is being used--temperature, noise level, humidity, chemical content, etc.”).
The remaining amended claim limitations of method claim 13 are rejected for the same reasons as article claim 1 for having similar limitations and being similar in scope.
In re claim 14, Strat and Chandramowle teach all of the limitations of claim 13 stated above where Strat further teaches wherein detecting comprises detecting via one or more of a plurality of microphones of the EAS system (Para [0019]: “In particular, upon the controller detecting the electrical signal due to movement, the emitter 18 is powered up and receives the modulated data from the controller for transmission to an ultrasonic tag reader using an ultrasonic carrier sound wave 15.”; Examiner notes ‘transmission’ to an ‘ultrasonic tag reader’ using an ‘ultrasonic carrier sound wave’ discloses a reader device receiving a sound wave transmission, ie, a microphone.).
In re claim 15, Strat and Chandramowle teach all of the limitations of claim 13 stated above where Strat further teaches wherein determining comprises determining based on one or more of an amplitude, phase, frequency, and data content of the detected ultrasound signal (Para [0015]: “The data can be retrieved by the controller and modulated according to any known modulation scheme, such as a frequency or time based modulation schemes. The controller can power up the emitter by switching in a power source such as rectified signals recovered from the transducer or emitter, a capacitor, or a rechargeable or pre-charged battery, all herein referred to as battery 17. The controller can then send the modulated sequence of the data to the emitter to be emitted as an ultrasonic carrier wave signal 15 to an ultrasonic reader.”, para [0017]: “For example, a positive indication of movement can be generated where the tag is moved, crushed, bent, torn, ripped off the merchandise, replaced with another tag, written over with writing instrument (subject to direct pressure), placed in a sound rich area (of either a loud sound or ultrasound), vibrated, etc.” and para [0021]: “Alternatively, if the tag stops its motion and the reader receives a signal from the tag of an equivalent strength of the tag before it was moved, it can be assumed that the tagged product was replaced in the same location.”).
In re claim 22, the amended claim limitations of method claim 22 are rejected for the same reasons as article claim 1 for having similar limitations and being similar in scope; where Strat further teaches upon one or more of movement of the article and accumulation of charge sufficient to power the processing device and the at least one piezoelectric EAS transmitter (Para [0014]: “…power can be recovered from the transducer and/or emitter electrical signals, and can be used to recharge a battery (or capacitor), or can be used in real time to generate a modulated ultrasonic signal, similar to the techniques used to power RFID tags.” and para [0019]: “In particular, upon the controller detecting the electrical signal due to movement, the emitter 18 is powered up and receives the modulated data from the controller for transmission to an ultrasonic tag reader using an ultrasonic carrier sound wave 15. The data can include the tag identity data, and/or the specialized movement code.”):
generating, by the processing device, a signal causing the at least one piezoelectric transmitter to emit ultrasound energy in a pattern based on the signal (Para [0015]: “The controller can power up the emitter by switching in a power source such as rectified signals recovered from the transducer or emitter, a capacitor, or a rechargeable or pre-charged battery, all herein referred to as battery 17. The controller can then send the modulated sequence of the data to the emitter to be emitted as an ultrasonic carrier wave signal 15 to an ultrasonic reader.”); and
emitting, by the at least one piezoelectric transmitter in response to the generating, ultrasound energy in a pattern based on the signal (Para [0015]: “The controller can power up the emitter by switching in a power source such as rectified signals recovered from the transducer or emitter, a capacitor, or a rechargeable or pre-charged battery, all herein referred to as battery 17. The controller can then send the modulated sequence of the data to the emitter to be emitted as an ultrasonic carrier wave signal 15 to an ultrasonic reader.”).
In re claim 24, Strat teaches An article (Para [0011]: “… a product or item to which the tag is affixed.”), comprising:
an article body (Para [0011]: “… a product or item to which the tag is affixed.”); and
an electronic article surveillance (EAS) tag (Para [0013]: “In this case, the tag will continue to emit until the state of the motion is changed by that item being placed back on the shelf, the tag is deactivated by the product being purchased, the tag is discarded, or the tag receives a subsequent trigger signal, for example.” and SEE paras [0026]-[0027] and [0039]) attached to the article body (Para [0011]: “… a product or item to which the tag is affixed.”), the EAS tag comprising:
a power source (SEE FIG 1, Battery 17);
a processing device (SEE FIG 1, Controller 14) in electrical communication with the power source (SEE FIG 1, Controller 14 connects to Battery 17); and
comprising one or more of movement of the article and an accumulation of charge sufficient to power the processing device (Para [0014]: “…power can be recovered from the transducer and/or emitter electrical signals, and can be used to recharge a battery (or capacitor), or can be used in real time to generate a modulated ultrasonic signal, similar to the techniques used to power RFID tags.” and para [0019]: “In particular, upon the controller detecting the electrical signal due to movement, the emitter 18 is powered up and receives the modulated data from the controller for transmission to an ultrasonic tag reader using an ultrasonic carrier sound wave 15. The data can include the tag identity data, and/or the specialized movement code.”).
Strat fails to teach a plurality of piezoelectric ultrasonic transmitters in electrical communication with the processing device;
wherein the processing device is configured, in response to internal tag conditions
and the plurality of piezoelectric ultrasonic transmitters, to:
generate respective transmission signals for different ones of the plurality of piezoelectric ultrasonic transmitters, and
cause the plurality of piezoelectric ultrasonic transmitters to emit ultrasound in accordance with a multiplexing or diversity scheme across the plurality of ultrasonic transmitters.
However, Chandramowle teaches a plurality of piezoelectric ultrasonic transmitters in electrical communication with the processing device (Para [0069]: “The present solution is not limited to that shown in FIG. 2. The tag 200 can have any architecture provided that it can perform the functions and operations described herein. For example, all of the components shown in FIG. 2 can comprise a single device (e.g., an Integrated Circuit (“IC”)). Alternatively, some of the components can comprise a first tag element (e.g., a Commercial Off The Shelf (“COTS”) tag) while the remaining components comprise a second tag element communicatively coupled to the first tag element. The second tag element can provide auxiliary functions (e.g., motion sensing, etc.) to the first tag element. The second tag element may also control operational states of the first tag element. For example, the second tag element can selectively (a) enable and disable one or more features/operations of the first tag element (e.g., transceiver operations), (b) couple or decouple an antenna to and from the first tag element, (c) by-pass at least one communications device or operation, and/or (d) cause an operational state of the first tag element to be changed (e.g., cause transitioning the first tag element between a power save mode and non-power save mode).”);
wherein the processing device is configured, in response to internal tag conditions (Para [0065]: “The motion sensor 250 is communicatively coupled to the controller 210 such that it can notify the controller 210 when tag motion is detected. The motion sensor 250 also communicates sensor data to the controller 210. The sensor data is processed by the controller 210 to determine whether or not the motion is of a type for triggering enablement of the communication device (e.g., transceiver) 206 or at least one communications operation. For example, the sensor data can be compared to stored motion/gesture data 228 to determine if a match exists there-between. More specifically, a motion/gesture pattern specified by the sensor data can be compared to a plurality of motion/gesture patterns specified by the stored motion/gesture data 228. The plurality of motion/gesture patterns can include, but are not limited to, a motion pattern for walking, a motion pattern for running, a motion pattern for vehicle transport, a motion pattern for vibration caused by equipment or machinery in proximity to the tag (e.g., an air conditioner or fan), a gesture for requesting assistance, a gesture for obtaining additional product information, and/or a gesture for product purchase. The type of movement (e.g., vibration or being carried) is then determined based on which stored motion/gesture data matches the sensor data. This feature of the present solution allows the tag 200 to selectively enable the communication device (e.g., transceiver) or at least one communications operation only when the tag's location within a facility is actually being changed (e.g., and not when a fan is causing the tag to simply vibrate).”)
and the plurality of piezoelectric ultrasonic transmitters (Para [0063]: “As shown in FIG. 2, the tag 200 further comprises an energy harvesting circuit 232 and a power management circuit 234 for ensuring continuous operation of the tag 200 without the need to change the rechargeable power source (e.g., a battery). In some scenarios, the energy harvesting circuit 232 is configured to harvest energy from one or more sources (e.g., heat, light, vibration, magnetic field, and/or RF energy) and to generate a relatively low amount of output power from the harvested energy. By employing multiple sources for harvesting, the device can continue to charge despite the depletion of a source of energy. Energy harvesting circuits are well known in the art, and therefore will not be described herein. Any known or to be known energy harvesting circuit can be used herein without limitation.”), to:
generate respective transmission signals for different ones of the plurality of piezoelectric ultrasonic transmitters (Para [0086]: “EAS element of the EAS-enabled item includes an antenna subsystem (such as antenna 202) and EAS electronics 520 (such as RFID tag 200)—each as described in connection with FIG. 2)… though antenna configurations other than a dipole can also be used, including using two separate antennas (e.g., for the use of different RF ranges).”), and
cause the plurality of piezoelectric ultrasonic transmitters to emit ultrasound in accordance with a multiplexing or diversity scheme across the plurality of ultrasonic transmitters (Para [0086]: “EAS element of the EAS-enabled item includes an antenna subsystem (such as antenna 202) and EAS electronics 520 (such as RFID tag 200)—each as described in connection with FIG. 2)… though antenna configurations other than a dipole can also be used, including using two separate antennas (e.g., for the use of different RF ranges).”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Strat to incorporate the teachings of Chandramowle to provide a plurality of piezoelectric ultrasonic transmitters in electrical communication with the processing device; wherein the processing device is configured, in response to internal tag conditions and the plurality of piezoelectric ultrasonic transmitters, to: generate respective transmission signals for different ones of the plurality of piezoelectric ultrasonic transmitters, and cause the plurality of piezoelectric ultrasonic transmitters to emit ultrasound in accordance with a multiplexing or diversity scheme across the plurality of ultrasonic transmitters with the INDICATING ULTRASONIC DATA TAG MOVEMENT of Strat. Doing so enables a secondary tag element to by-pass at least one communications device or operation regarding the first tag element; allows the tag 200 to selectively enable the communication device (e.g., transceiver) or at least one communications operation only when the tag's location within a facility is actually being changed; to employ multiple sources for energy harvesting, so the device can continue to charge despite the depletion of a source of energy; and using two separate antennas for the use of different RF ranges, as recognized by Chandramowle (Paras [0069], [0065], [0063] and [0086]).
In re claim 25, Strat and Chandramowle teach all of the limitations of claim 24 stated above where Chandramowle further teaches wherein the multiplexing or diversity scheme comprises frequency diversity by assigning respective ultrasonic sub-bands to different ones of the piezoelectric ultrasonic transmitters (Para [0086]: “EAS element of the EAS-enabled item includes an antenna subsystem (such as antenna 202) and EAS electronics 520 (such as RFID tag 200)—each as described in connection with FIG. 2)… though antenna configurations other than a dipole can also be used, including using two separate antennas (e.g., for the use of different RF ranges).”; examiner notes using two separate antennas ‘for the use of different RF ranges’ appears to provide a ‘diversity scheme’, wherein multiple tag elements (shown above in rejection of claim 24 [see para 0069]) provide ‘a secondary tag element to by-pass at least one communications device or operation regarding the first tag element’.).
Response to Arguments
Applicant arguments filed 11/11/2025 have been fully considered but they are not persuasive.
On page 8 of applicant Remarks, applicant argues:
“These amendments distinguish the claims from the applied art, including STRAT. The Office does not cite CHANDRAMOWLE as disclosing these features.”
Examiner respectfully disagrees. As shown in the above rejection, Chandramowle appears to teach the amended features of the claims, therefore, applicant’s arguments are not persuasive as the references in combination discloses the limitations as explained in the rejections above.
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.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US Patent No. 20210065525 A1 teaches a method, apparatus, and computer-readable medium for electronic article surveillance (EAS), comprising transmitting concurrently, an acousto-magnetic (AM) interrogation signal into an AM interrogation zone of an EAS system, and a radio frequency identification (RFID) interrogation signal into an RFID interrogation zone of the EAS system, the AM interrogation zone and the RFID interrogation zone overlapping to form a zone of interest. The implementations further include indicating, by the EAS system, a presence of a first tag of the EAS system in the zone of interest upon a concurrent detection of both an RFID response signal of the first tag in response to the RFID interrogation signal and an AM response signal of the first tag in response to the AM interrogation signal.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES EDWARD MUNION whose telephone number is (571)270-0437. The examiner can normally be reached Monday-Friday 7:30-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Lim can be reached at 571-270-1210. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAMES E MUNION/Examiner, Art Unit 2688 01/28/2026
/STEVEN LIM/Supervisory Patent Examiner, Art Unit 2688