Detailed Office 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 .
This is a non-final Office Action on the merits. Claims 1-9 are currently pending and are addressed below.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 03/05/2026 has been entered.
Priority
Acknowledgment is made of applicant's claim priority for EP21201909.5 filed October 11, 2021.
Response to Arguments
Claim Rejections Under 35 U.S.C. 103:
Applicant’s amendments and/or arguments with respect to the rejection of claims 1 and 5 under 35 USC 103 as set forth in the office action of 12/30/2025 have been considered but are now moot because the new ground(s) of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections Under 35 U.S.C. 101:
Applicant’s amendments and/or arguments with respect to the rejection of claims 1 and 5 under 35 USC 103 as set forth in the office action of 12/30/2025 have been considered but respectfully have not overcome the 35 U.S.C 101 rejections previously set forth. Regarding the Applicant’s argument that “these limitations require physical hardware- cameras and sensors—that cannot be replaced by human mental activity or with pen and paper”, the Examiner respectfully disagrees. The said physical hardware are merely generic sensors gathering data, which is an extra solution activity. Such data is then used in a mental processes, because the limitation encompasses a person looking at available data and forming a simple judgement (determination, analysis, comparison, etc.) either manually or using a pen and paper. For example, a human receiving the data from the sensors via a display could then synchronize and track the progress of the user either in their mind or using a written diagram made with pen and paper. Accordingly, the claim recites at least one abstract idea.
Because the claims only recite mental processes and insignificant extra solution activities, there are no additional elements that can integrate the abstract idea into a practical application. Further, the claim cannot provide an improvement to the technology as an improved abstract idea is still an abstract idea. (see MPEP 2106.05(a) Section II, “However, it is important to keep in mind that an improvement in the abstract idea…is not an improvement in technology”).
See below for detailed rejection.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier.
Such claim limitation(s) are:
“mobile communication device” in Claim 1 and Claim 5 is being interpreted as a generic smartphone, tablet, or handheld computer.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-9 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The analysis of the claims’ subject matter eligibility will follow the 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50-57 (January 7, 2019) (“2019 PEG”).
101 Analysis - With respect to Claim 1
Claim 1 and 5 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
101 Analysis - Step 1:
Claim 1 is directed towards a method which is directed to the statutory category of a process. Claim 5 is directed towards an arrangement which is directed to the statutory category of a machine. Therefore Claims 1 and 5 are within at least one of the four statutory categories.
101 Analysis- Step 2A Prong One:
Regarding Prong One of the Step 2A analysis in the 2019 PEG, the claims are to be analyzed to determine whether they recite subject matter that falls within one of the following groups of abstract ideas: a) mathematical concepts, b) certain methods of organizing human activity, and/or c) mental process.
Independent claim 1 includes limitations that recite an abstract idea (emphasized below) and will be used as a representative claim for the remainder of the 101 rejection.
Claim 1 recites, inter alai:
“A method for navigating a user to a selected device located in a building, the method comprising:
receiving a selection from a user through a mobile communication device configured to select the device from a plurality of devices to navigate to wherein the mobile communication device is connected to an object model representing the plurality of devices located in the building
determining a route from a position of the user to the selected device to navigate based on information provided by the object model and/or an Indoor-Positioning-System
displaying the determined route on a display of the mobile communication device
tracking the progress of the user walking along the determined route by recording measured values of sensors integrated in the mobile communication device
keeping the user synchronized with the determined route by scanning landmark codes attached in the building and/or by radio and/or audio and/or camera means of the mobile communication device
synchronizing a pointer representing the user within the object model to the position the user is currently in the building
storing data in a suitable navigation data memory, the data including the average step distance of the user, the number of steps the user needed to arrive at the device to navigate to, and the time the user needed to arrive at the device
computing an improved approximation of step length for a subsequent user based on the stored data
determining future routes for navigating a subsequent user based on the improved approximation of step length and the stored data”
The examiner submits that the foregoing bolded limitation(s) constitute a “mental process” because under its broadest reasonable interpretation, the claim covers performance of the limitation in the human mind.
For example, “determining”, “tracking”, “keeping the user synchronized”, “synchronizing”, and “computing” in the context of this claim, all encompass a person looking at available data and forming a simple judgement (determination, analysis, comparison, etc.) either manually or using a pen and paper. Accordingly, the claim recites at least one abstract idea. The examiner notes that under MPEP 2106.04(a)(2)(III), the courts consider a mental process (thinking) that "can be performed in the human mind, or by a human using a pen and paper" to be an abstract idea. CyberSource Corp. v. Retail Decisions, Inc., 654 F.3d 1366, 1372, 99 USPQ2d 1690, 1695 (Fed. Cir. 2011). As the Federal Circuit explained, "methods which can be performed mentally, or which are the equivalent of human mental work, are unpatentable abstract ideas the ‘basic tools of scientific and technological work’ that are open to all.’" 654 F.3d at 1371, 99 USPQ2d at 1694 (citing Gottschalk v. Benson, 409 U.S. 63, 175 USPQ 673 (1972)). See also Mayo Collaborative Servs. v. Prometheus Labs. Inc., 566 U.S. 66, 71, 101 USPQ2d 1961, 1965 ("‘[M]ental processes[] and abstract intellectual concepts are not patentable, as they are the basic tools of scientific and technological work’" (quoting Benson, 409 U.S. at 67, 175 USPQ at 675)); Parker v. Flook, 437 U.S. 584, 589, 198 USPQ 193, 197 (1978) (same).
As drafted, the above claims, under their broadest reasonable interpretation, cover mental processes performed in the human mind (including an observation, evaluation, judgement, opinion), that are merely completed via generic computer components. Accordingly, the claims recite an abstract idea.
Step 2A Prong Two Analysis:
Regarding Prong Two of the Step 2A analysis in the 2019 PEG, the claims are to be analyzed to determine whether the claim, as a whole, integrates the abstract idea into a practical application. As noted in the 2019 PEG, it must be determined whether any additional elements in the claim beyond the abstract idea integrate the exception into a practical application in a manner that imposes a meaningful limit on the judicial exception. The courts have indicated that additional elements merely using a computer to implement an abstract idea, adding insignificant extra solution activity, or generally linking use of a judicial exception to a particular technological environment or field of use do not integrate a judicial exception into a “practical application”.
In the present case, the additional limitations beyond the above-noted abstract idea are as follows (where the underlined portions are the “additional limitations” while the bolded portions continue to represent the “abstract idea”):
Claim 1 recites, inter alai:
“A method for navigating a user to a selected device located in a building, the method comprising:
receiving a selection from a user through a mobile communication device configured to select the device from a plurality of devices to navigate to wherein the mobile communication device is connected to an object model representing the plurality of devices located in the building
determining a route from a position of the user to the selected device to navigate based on information provided by the object model and/or an Indoor-Positioning-System
displaying the determined route on a display of the mobile communication device
tracking the progress of the user walking along the determined route by recording measured values of sensors integrated in the mobile communication device
keeping the user synchronized with the determined route by scanning landmark codes attached in the building and/or by radio and/or audio and/or camera means of the mobile communication device
synchronizing a pointer representing the user within the object model to the position the user is currently in the building
storing data in a suitable navigation data memory, the data including the average step distance of the user, the number of steps the user needed to arrive at the device to navigate to, and the time the user needed to arrive at the device
computing an improved approximation of step length for a subsequent user based on the stored data
determining future routes for navigating a subsequent user based on the improved approximation of step length and the stored data”
For the following reason(s), the examiner submits that the above identified additional limitations do not integrate the above-noted abstract idea into a practical application.
Regarding the additional limitation of “receiving a selection from a user through a mobile communication device…” and “storing the average step distance of the user” this limitation merely describes the sending, receiving, and storing of data which is an insignificant extra solution activity. See MPEP § 2106.05(g).
Regarding the additional limitation of “displaying the determined route on a display…” this limitation merely described the display of data which is an insignificant extra solution activity. See MPEP § 2106.05(g).
Thus, taken alone, the additional elements do not integrate the abstract idea into a practical application. Further, looking at the additional limitation(s) as an ordered combination or as a whole, the limitation(s) add nothing that is not already present when looking at the elements taken individually. Accordingly, the additional limitation(s) do/does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea.
Step 2B Analysis:
The claims do not include additional elements (considered both individually and as an ordered combination) that are sufficient to amount to significantly more than the judicial exception for the same reasons to those discussed above with respect to determining that the claim does not integrate the abstract idea into a practical application. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of using generic computer components to perform the abstract idea amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. Further, the act of sending, receiving, storing, collecting data, and displaying data amounts to no more than merely storing and displaying information of the exception and thus is an extra-solution activity. The claims are not patent eligible.
Regarding dependent claims 2-4 and 6-9, no claim further adds a limitation that introduces any practical applications to the claimed invention, the dependent claims merely add more mental process, mathematical concepts, and post-solution activities and are thus not patent eligible.
Therefore, Claims 1-9 are ineligible under 35 USC §101.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-4 are rejected under 35 U.S.C. 103 as being unpatentable over “Combining visual natural markers and IMU for improved AR based indoor navigation” Matthias Neges NPL 2017 in view of Feng et al (KR 20190000788 A) and Wan (CN 107289952 A). Hereafter referred to as AR Based Indoor Navigation NPL, Feng, and Wan respectively.
Regarding Claim 1, AR Based Indoor Navigation NPL teaches a method for navigating a user to a selected device located in a building (see at least AR Based Indoor Navigation NPL [Section 2.2.3] Once the location of the maintenance component (target) and the user’s position (starting point) are determined, appropriate routes have to be calculated. For this purpose, topological routing graphs are generated based on either derived 2D floor plans (e.g. [32]) or 3D building geometry (e.g. [39], [13]). Subsequently, routing algorithms (e.g. Dijkstra, A∗) are applied to calculate paths with minimal path distance)
the method comprising:
wherein the mobile communication device is connected to an object model representing the plurality of devices located in the building (see at least AR Based Indoor Navigation NPL [Section 2.4, Section 3, Section 4.4 and Figure 13.] explicit engineering knowledge related to this particular task, such as building information (floor plans, doors, corridors, routing graphs and equipment), AR marker information (appearance, size, and position) as well as operator’s live position and orientation has to be an integral part of the entire solution...The digital work order preparation is the consolidation of required information based on digital building and product models. The building models are a typical part of the Building Information Modeling (BIM) approach in civil engineering… In addition to AR based natural marker detection and tracking, IMU data is used to estimate the position and orientation of the mobile device in cases where sole vision based concepts fail…Some selected iPad screenshots presenting the live camera view used for augmentation are shown in Fig. 13 below.)
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Fig. 13 from AR Based Indoor Navigation NPL, showing iPad screenshots of the invention connected to and using a Building Model
determining a route from a position of the user to the selected device to navigate based on information provided by the object model and/or an Indoor-Positioning-System (see at least AR Based Indoor Navigation NPL [Section 2.2.3.] Once the location of the maintenance component (target) and the user’s position (starting point) are determined, appropriate routes have to be calculated. For this purpose, topological routing graphs are generated based on either derived 2D floor plans (e.g. [32]) or 3D building geometry (e.g. [39], [13]). Subsequently, routing algorithms (e.g. Dijkstra, A∗) are applied to calculate paths with minimal path distance)
displaying the determined route on a display of the mobile communication device (see at least AR Based Indoor Navigation NPL [Section 4.4, and Figure 13.] The black line guides the user based on the calculated route path via way points...Typically, the navigation process starts at one of the building entrances and the user can set his starting position manually by tapping on the 2D floor map on the display)
tracking the progress of the user walking along the determined route by recording measured values of sensors integrated in the mobile communication device (see at least AR Based Indoor Navigation NPL [Section 1] In this paper we propose an enhanced method that combines an Inertial Measurement Unit (IMU)-based step counter and visual live video feed to improve the previously introduced natural marker-based augmented reality framework for indoor navigation. In addition to natural marker detection and tracking, IMU data is used to estimate the position and orientation of the mobile device)
keeping the user synchronized with the determined route by scanning landmark codes attached in the building and/or by radio and/or audio and/or camera means of the mobile communication device (see at least AR Based Indoor Navigation NPL [Section 2.3, 2.4, 3.2, 4.1] AR markers are very distinctive images with known visual patterns and dimensions that are used as reference objects to superimpose virtual 3D content onto the camera’s live view. In contrast to artificial markers, which are practically inefficient and unaesthetic to install inside a building, natural markers have the advantage to be already available on-site...explicit engineering knowledge related to this particular task, such as building information (floor plans, doors, corridors, routing graphs and equipment), AR marker information (appearance, size, and position) as well as operator’s live position and orientation has to be an integral part of the entire solution...In cases where a natural marker is detected and correctly tracked, the device pose is estimated and virtual content can be imposed on the camera live view...Using the video stream of the integrated camera, the SDK automatically detects and tracks markers. Once a marker has been successfully detected, the SDK delivers its name, distance and horizontal angle)
synchronizing a pointer representing the user within the object model to the position the user is currently in the building (see at least AR Based Indoor Navigation NPL [Section 5, Section 2.3, and Figure 13.] The IMU provides a permanent tracking of the user movement and ensures the correct identification of the marker with regard to the excepted marker position. Therefore, the proposed approach is able to handle deviations from the current path by presenting still the correct user position relative to the currently detected natural marker....and the 2D user position on a map (Fig. 1a–d) are superimposed on the camera live view)
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Fig. 13 from AR Based Indoor Navigation NPL, showing iPad screenshots where the current location of the user in the building is represented by a pointer on the building model
However, AR Based Indoor Navigation NPL does not explicitly teach receiving a selection from a user through a mobile communication device configured to select the device from a plurality of devices to navigate to. However, AR Based Indoor Navigation NPL does teach the use of an iPad display to select a starting location and the use of automatically inputting the location of the device in the building from an imported work order (see at least AR Based Indoor Navigation NPL [Section 2.2.3, Section 4.4] Once the location of the maintenance component (target) and the user’s position (starting point) are determined …The position of the maintenance object is given by the information in the digital work order. Typically, the navigation process starts at one of the building entrances and the user can set his starting position manually by tapping on the 2D floor map on the display).
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 system set forth in AR Based Indoor Navigation NPL to contain a system for receiving a selection from a user through a mobile communication device configured to select the device from a plurality of devices to navigate to with reasonable expectation of success. One of ordinary skill in the art would have been motivated to make such a modification because the process of receiving a section from a user through a mobile communication device configured to select from a plurality of locations is already used to input and select a starting position, and therefore would be obvious to use the same input methodology for selecting which device to navigate to. Further, selecting which device to navigate to already occurs in the disclosed invention when the work order is chosen and input to the device, which may be seen as an act of automation and reducing human risk of inputting their own location. For these reasons, it would be obvious to use the iPad input screen to select between the devices to choose a device to navigate to with reasonable expectation of success because both the element of selecting a location on a screen and inputting the location of a device to navigate to are present in the disclosed invention, therefore a simple substation of one known element for another can be performed to obtain predictable results.
Further however, while AR Based Indoor Navigation NPL does teach a step counter and storing values related to it, it does not explicitly teach storing data in a suitable navigation data memory, the data including the average step distance of the user, the number of steps the user needed to arrive at the device to navigate to, and the time the user needed to arrive at the device.
Feng, in the same field as the endeavor, teaches storing data in a suitable navigation data memory, the data including the average step distance of the user, the number of steps the user needed to arrive at the device to navigate to, and the time the user needed to arrive at the device (see at least Feng [English Translation pg.2 para.2, pg.5 para.6, pg.14 para.1, pg.7 para.9, pg.6 para.10, pg.13 para.3, pg.11 para.12] The present invention relates to the field of indoor positioning technology, and more particularly, to a method and an electronic apparatus for detecting a stride and a walking locus of a pedestrian…if you obtain the actual positions A and B of the pedestrian in the process of walking, you can obtain the true distance between A and B …the processing apparatus includes a step of obtaining a stride length by a geometric relationship between the amount of deviation in the longitudinal direction and the walking model of the pedestrian…When it is detected that all of the N steps (for example, 20 steps or 50 steps) of the continuous motion are in the linear direction…The time of stride means the time required for a walker to take a step. The stride length means the distance that a pedestrian walks a step…angular velocity is obtained by dividing the total amount of the directional angles by the time of N steps…an electronic apparatus is further provided, which includes a processing apparatus and a storage device…If it is detected that all the N successive steps (for example, 20 steps or 50 steps) are moved in the linear direction, it is determined that the current walking direction is a straight line and the rotation angle within the time of N steps is added) Feng teaches how by using stride length of a user, one can calculate the true distance between positions A and B. Therefore, in order to calculate a distance between two points using the length of a person’s stride, one must use the total number of steps to arrive at that distance. Feng calls this number of steps “N”. Additionally, because Feng also stores the time for each of the strides, to get from point A to point B, and the total number of steps N, it also stores the total time taken to travel from point A to point B, which Feng denotes as the “time of N steps”.
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 system set forth in AR Based Indoor Navigation NPL to contain a system for storing data in a suitable navigation data memory, the data including the average step distance of the user, the number of steps the user needed to arrive at the device to navigate to, and the time the user needed to arrive at the device with reasonable expectation of success. One of ordinary skill in the art would have been motivated to make such a modification for benefit discussed in Feng (see at least Feng [English Translation, Abstract] The method and the electronic apparatus for detecting the stride length and walking path of the pedestrian according to the present invention can improve the accuracy of the positioning of the pedestrian and realize cost reduction).
Further, AR Based Indoor Navigation NPL does not explicitly teach computing an improved approximation of step length for a subsequent user based on the stored data, and
determining future routes for navigating a subsequent user based on the improved approximation of step length and the stored data.
Wan, in the same field as the endeavor, teaches computing an improved approximation of step length for a subsequent user based on the stored data (see at least Wan [English Translation pg.8 para.7-10, pg.8 para.14] method one, using big data analysis method, the nationwide average value of step length as of default step length, step length value obtained by this method is not accurate, but the operation is very convenient, as short-distance navigation, can effectively the purpose of navigation….method two, long directly input by the user, the user needs to measure step length automatically, the step of obtaining the method obtaining the length value is accurate…method three, the user inputs height, calculating step length according to height. the method for the user than method two simpler operation, step value obtained is more accurate, but the accuracy will be weaker than method two…method four, obtaining within a certain distance, user walking steps, so as to calculate the step length. the method can be to outdoor navigation technology, when the outdoor navigation by GPS positioning technology, automatically collecting a certain distance (e.g., 100) user in the walking step number, calculating the average step length..... after acquiring the step length using the method, storing the step length value obtaining at the same time, storing the step value corresponding to the user, and there are a plurality of user information, different users can select corresponding to its own step size) The disclosure in Wan teaches a system that uses any of four methods to approximate a user’s step length and further stores the approximated step length in memory. Further, the disclosure teaches the ability to be used by many different users, allowing for subsequent user’s step length to be approximated based on stored data, such as averages of stored step lengths
determining future routes for navigating a subsequent user based on the improved approximation of step length and the stored data (see at least Wan [English Translation pg.8 para.4, pg.9 para.9, pg.8 para.14] In step 330, planning the navigation route, the navigation route to represent the walking step number and direction…The final destination, determines the navigation route, then not rely on GPS location, then with pedometer, and based on user height estimation step length, step length * obtaining the moving distance, compass confirm moving direction…establishing the three-dimensional space in the building, can accurately to control the current position of the user, mainly in a two-dimensional coordinate plane, and the height change, switching the corresponding two-dimensional layout floors. can give the user walking step number prompt to a certain direction, realizing indoor navigation...the indoor navigation method applicable to a plurality of different users. Specifically, after acquiring the step length using the method, storing the step length value obtaining at the same time, storing the step value corresponding to the user, and there are a plurality of user information, different users can select corresponding to its own step size).
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 system set forth in AR Based Indoor Navigation NPL to contain a system for computing an improved approximation of step length for a subsequent user based on the stored data, and determining future routes for navigating a subsequent user based on the improved approximation of step length and the stored data with reasonable expectation of success. One of ordinary skill in the art would have been motivated to make such a modification for benefit of improving both the accuracy of calculation step length and calculating the current position of the user during route navigation, as discussed in Wan (see at least Wan [English Translation pg.8 para.11, pg.9 para.9] especially method three and method four, can adopt two-step calculation method, to improve accuracy… can accurately to control the current position of the user).
Regarding Claim 2, AR Based Indoor Navigation NPL in view of Feng and Wan teaches all limitations of Claim 1 as set forth above. AR Based Indoor Navigation NPL further teaches wherein displaying the route comprises illustrating the pointer on the route (see at least AR Based Indoor Navigation NPL [Section 2.3 and Figure 1 and Figure 13] Fig. 1. A 3D model and 3D navigation arrows (Fig. 1a), 2D navigation arrows (Fig. 1a–c), 3D positions of intact and defective smoke detectors (Fig. 1b and c), animated 3D maintenance instructions (Fig. 1d), and the 2D user position on a map (Fig. 1a–d) are superimposed on the camera live view).
Regarding Claim 3, AR Based Indoor Navigation NPL in view of Feng and Wan teaches all limitations of Claim 1 as set forth above. AR Based Indoor Navigation NPL further teaches wherein the navigation data memory is part of the object model (see at least AR Based Indoor Navigation NPL [Section 4.1] The AR based positioning component manages a list of all natural markers, such as exit sign and fire extinguisher signs. For each marker the name, the position (XY on a floor plan), the orientation (2D projection of the marker normal) and the link to the PNG file (marker image) are stored. This information can be automatically extracted from digital building models).
Regarding Claim 4, AR Based Indoor Navigation NPL in view of Feng and Wan teaches all limitations of Claim 1 as set forth above. AR Based Indoor Navigation NPL further teaches wherein the object model comprises a building information model or a three-dimensional rendered model (see at least AR Based Indoor Navigation NPL [Section 4.1] The AR based positioning component manages a list of all natural markers, such as exit sign and fire extinguisher signs. For each marker the name, the position (XY on a floor plan), the orientation (2D projection of the marker normal) and the link to the PNG file (marker image) are stored. This information can be automatically extracted from digital building models).
Claims 5-9 are rejected under 35 U.S.C. 103 as being unpatentable over “Combining visual natural markers and IMU for improved AR based indoor navigation” Matthias Neges NPL 2017 in view of Feng et al (KR 20190000788 A), Ding et al (CN 106895839 A), and Wan (CN 107289952 A). Hereafter referred to as AR Based Indoor Navigation NPL, Feng, Ding, and Wan respectively.
Regarding Claim 5, AR Based Indoor Navigation NPL teaches an arrangement for navigating a user to a device located in a building (see at least AR Based Indoor Navigation NPL [Section 2.2.3] Once the location of the maintenance component (target) and the user’s position (starting point) are determined, appropriate routes have to be calculated. For this purpose, topological routing graphs are generated based on either derived 2D floor plans (e.g. [32]) or 3D building geometry (e.g. [39], [13]). Subsequently, routing algorithms (e.g. Dijkstra, A∗) are applied to calculate paths with minimal path distance)
comprising:
the mobile communication device connected to an object model representing a plurality of devices located in the building (see at least AR Based Indoor Navigation NPL [Section 2.4, Section 3, Section 4.4 and Figure 13.] explicit engineering knowledge related to this particular task, such as building information (floor plans, doors, corridors, routing graphs and equipment), AR marker information (appearance, size, and position) as well as operator’s live position and orientation has to be an integral part of the entire solution...The digital work order preparation is the consolidation of required information based on digital building and product models. The building models are a typical part of the Building Information Modeling (BIM) approach in civil engineering… In addition to AR based natural marker detection and tracking, IMU data is used to estimate the position and orientation of the mobile device in cases where sole vision based concepts fail…Some selected iPad screenshots presenting the live camera view used for augmentation are shown in Fig. 13 below.)
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Fig. 13 from AR Based Indoor Navigation NPL, showing iPad screenshots of the invention connected to and using a Building Model
a system comprising a memory storing the object model, the system configured to determine a route from a position of the user to the selected device based on information provided by the object model (see at least AR Based Indoor Navigation NPL [Section 2.2.3.] Once the location of the maintenance component (target) and the user’s position (starting point) are determined, appropriate routes have to be calculated. For this purpose, topological routing graphs are generated based on either derived 2D floor plans (e.g. [32]) or 3D building geometry (e.g. [39], [13]). Subsequently, routing algorithms (e.g. Dijkstra, A∗) are applied to calculate paths with minimal path distance)
wherein the mobile communication device includes a display for the route to the selected device (see at least AR Based Indoor Navigation NPL [Section 4.4, and Figure 13.] The black line guides the user based on the calculated route path via way points...Typically, the navigation process starts at one of the building entrances and the user can set his starting position manually by tapping on the 2D floor map on the display)
the mobile communication device tracks the progress of the walking along the determined route by recording measured values of sensors integrated in the mobile communication device (see at least AR Based Indoor Navigation NPL [Section 1] In this paper we propose an enhanced method that combines an Inertial Measurement Unit (IMU)-based step counter and visual live video feed to improve the previously introduced natural marker-based augmented reality framework for indoor navigation. In addition to natural marker detection and tracking, IMU data is used to estimate the position and orientation of the mobile device)
the mobile communication device keeps the user synchronized with the determined route by scanning landmark codes attached in the building and/or by radio and/or audio and/or camera means of the mobile communication device (see at least AR Based Indoor Navigation NPL [Section 2.3, 2.4, 3.2, 4.1] AR markers are very distinctive images with known visual patterns and dimensions that are used as reference objects to superimpose virtual 3D content onto the camera’s live view. In contrast to artificial markers, which are practically inefficient and unaesthetic to install inside a building, natural markers have the advantage to be already available on-site...explicit engineering knowledge related to this particular task, such as building information (floor plans, doors, corridors, routing graphs and equipment), AR marker information (appearance, size, and position) as well as operator’s live position and orientation has to be an integral part of the entire solution...In cases where a natural marker is detected and correctly tracked, the device pose is estimated and virtual content can be imposed on the camera live view...Using the video stream of the integrated camera, the SDK automatically detects and tracks markers. Once a marker has been successfully detected, the SDK delivers its name, distance and horizontal angle)
the system synchronizes a pointer representing the user within the object model at the position the user is currently in the building (see at least AR Based Indoor Navigation NPL [Section 5, Section 2.3, and Figure 13.] The IMU provides a permanent tracking of the user movement and ensures the correct identification of the marker with regard to the excepted marker position. Therefore, the proposed approach is able to handle deviations from the current path by presenting still the correct user position relative to the currently detected natural marker....and the 2D user position on a map (Fig. 1a–d) are superimposed on the camera live view)
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Fig. 13 from AR Based Indoor Navigation NPL, showing iPad screenshots where the current location of the user in the building is represented by a pointer on the building model
However, AR Based Indoor Navigation NPL does not explicitly teach a mobile communication device to receive user input selecting the device to navigate to. However, AR Based Indoor Navigation NPL does teach the use of an iPad display to select a starting location and the use of automatically inputting the location of the device in the building from an imported work order (see at least AR Based Indoor Navigation NPL [Section 2.2.3. and Section 4.4] Once the location of the maintenance component (target) and the user’s position (starting point) are determined…The position of the maintenance object is given by the information in the digital work order. Typically, the navigation process starts at one of the building entrances and the user can set his starting position manually by tapping on the 2D floor map on the display).
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 system set forth in AR Based Indoor Navigation NPL to contain a system for receiving a selection from a user through a mobile communication device configured to select the device from a plurality of devices to navigate to with reasonable expectation of success. One of ordinary skill in the art would have been motivated to make such a modification because the process of receiving a section from a user through a mobile communication device configured to select from a plurality of locations is already used to input and select a starting position, and therefore would be obvious to use the same input methodology for selecting which device to navigate to. Further, selecting which device to navigate to already occurs in the disclosed invention when the work order is chosen and input to the device, which may be seen as an act of automation and reducing human risk of inputting their own location. For these reasons, it would be obvious to use the iPad input screen to select between the devices to choose a device to navigate to with reasonable expectation of success because both the element of selecting a location on a screen and inputting the location of a device to navigate to are present in the disclosed invention, therefore a simple substation of one known element for another can be performed to obtain predictable results.
Further however, while AR Based Indoor Navigation NPL does teach a step counter and storing values related to it, it does not explicitly teach when the user arrives at the device, at least one of the server and the mobile communication device stores data including the average step distance of the user, the number of steps the user needed to arrive at the device, and the time the user needed to arrive at the device.
Feng, in the same field as the endeavor, teaches when the user arrives at the device, at least one of the server and the mobile communication device stores data including the average step distance of the user, the number of steps the user needed to arrive at the device, and the time the user needed to arrive at the device (see at least Feng [English Translation, pg.2 para.2, pg.5 para.6, pg.14 para.1, pg.7 para.9, pg.6 para.10, pg.13 para.3, pg.11 para.12] The present invention relates to the field of indoor positioning technology, and more particularly, to a method and an electronic apparatus for detecting a stride and a walking locus of a pedestrian…if you obtain the actual positions A and B of the pedestrian in the process of walking, you can obtain the true distance between A and B …the processing apparatus includes a step of obtaining a stride length by a geometric relationship between the amount of deviation in the longitudinal direction and the walking model of the pedestrian…When it is detected that all of the N steps (for example, 20 steps or 50 steps) of the continuous motion are in the linear direction…The time of stride means the time required for a walker to take a step. The stride length means the distance that a pedestrian walks a step…angular velocity is obtained by dividing the total amount of the directional angles by the time of N steps…an electronic apparatus is further provided, which includes a processing apparatus and a storage device… If it is detected that all the N successive steps (for example, 20 steps or 50 steps) are moved in the linear direction, it is determined that the current walking direction is a straight line and the rotation angle within the time of N steps is added) Feng teaches how by using stride length of a user, one can calculate the true distance between positions A and B. Therefore, in order to calculate a distance between two points using the length of a person’s stride, one must use the total number of steps to arrive at that distance. Feng calls this number of steps “N”. Additionally, because Feng also stores the time for each of the strides, to get from point A to point B, and the total number of steps N, it also stores the total time taken to travel from point A to point B, which Feng denotes as the “time of N steps”.
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 system set forth in AR Based Indoor Navigation NPL to contain a system for when the user arrives at the device, at least one of the server and the mobile communication device stores data including the average step distance of the user, the number of steps the user needed to arrive at the device, and the time the user needed to arrive at the device with reasonable expectation of success. One of ordinary skill in the art would have been motivated to make such a modification for benefit discussed in Feng (see at least Feng [English Translation, Abstract] The method and the electronic apparatus for detecting the stride length and walking path of the pedestrian according to the present invention can improve the accuracy of the positioning of the pedestrian and realize cost reduction).
Further however, while AR Based Indoor Navigation NPL teaches a system for determining a route, synchronizing a pointer representing the user within the object model , and determining future routes based on stored navigation data, it does not explicitly teach a server.
Ding, in the same field as the endeavor, teaches using a server to complete the necessary tasks for an indoor positioning system that utilizes AR navigation (see at least Ding [English Translation Abstract, pg.3 para.3, pg.2 para.5] The invention claims a scanning identification code-based indoor positioning and navigation method…the invention is to navigate in a 3D navigation, character navigation and AR navigation mode for navigation, especially AR navigation in virtual-real combination way intuitively guiding direction for the user…based on the indoor map and indoor scene model, and combined positioning navigation program algorithm, develop a navigation software, the navigation software is uploaded to the cloud server…user starts the mobile phone positioning page, from the cloud server obtains the map, coordinate location algorithm and related Bluetooth base station).
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 system set forth in AR Based Indoor Navigation NPL to contain a system for running the invention via a server with reasonable expectation of success. One of ordinary skill in the art would have been motivated to make such a modification for benefit of using architecture that is commonly used in the art to store, run, and operate software, such as a server or cloud server.
Further, AR Based Indoor Navigation NPL does not explicitly teach wherein the server calculates an improved estimate of the step distance based on the stored data, and
the server, determines future routes for navigating a user to one of the plurality of devices using the improved estimate of the step distance.
Wan, in the same field as the endeavor, teaches wherein the server calculates an improved estimate of the step distance based on the stored data (see at least Wan [English Translation pg.8 para.7-10, pg.8 para.14, pg.6 para.5] method one, using big data analysis method, the nationwide average value of step length as of default step length, step length value obtained by this method is not accurate, but the operation is very convenient, as short-distance navigation, can effectively the purpose of navigation….method two, long directly input by the user, the user needs to measure step length automatically, the step of obtaining the method obtaining the length value is accurate…method three, the user inputs height, calculating step length according to height. the method for the user than method two simpler operation, step value obtained is more accurate, but the accuracy will be weaker than method two…method four, obtaining within a certain distance, user walking steps, so as to calculate the step length. the method can be to outdoor navigation technology, when the outdoor navigation by GPS positioning technology, automatically collecting a certain distance (e.g., 100) user in the walking step number, calculating the average step length..... after acquiring the step length using the method, storing the step length value obtaining at the same time, storing the step value corresponding to the user, and there are a plurality of user information, different users can select corresponding to its own step size…According to some embodiments of the present application, in the electronic apparatus 110 performs part or all of the operation may be in another device or multiple devices (e.g., the electronic device 140 and/or server 130)) The disclosure in Wan teaches a system that uses any of four methods to approximate a user’s step length and further stores the approximated step length in memory. Further, the disclosure teaches the ability to be used by many different users, allowing for subsequent user’s step length to be approximated based on stored data, such as averages of stored step lengths
the server, determines future routes for navigating a user to one of the plurality of devices using the improved estimate of the step distance (see at least Wan [English Translation pg.8 para.4, pg.9 para.9, pg.8 para.14, pg.6 para.5] In step 330, planning the navigation route, the navigation route to represent the walking step number and direction…The final destination, determines the navigation route, then not rely on GPS location, then with pedometer, and based on user height estimation step length, step length * obtaining the moving distance, compass confirm moving direction…establishing the three-dimensional space in the building, can accurately to control the current position of the user, mainly in a two-dimensional coordinate plane, and the height change, switching the corresponding two-dimensional layout floors. can give the user walking step number prompt to a certain direction, realizing indoor navigation...the indoor navigation method applicable to a plurality of different users. Specifically, after acquiring the step length using the method, storing the step length value obtaining at the same time, storing the step value corresponding to the user, and there are a plurality of user information, different users can select corresponding to its own step size…According to some embodiments of the present application, in the electronic apparatus 110 performs part or all of the operation may be in another device or multiple devices (e.g., the electronic device 140 and/or server 130)).
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 system set forth in AR Based Indoor Navigation NPL to contain a system for wherein the server calculates an improved estimate of the step distance based on the stored data, and the server, determines future routes for navigating a user to one of the plurality of devices using the improved estimate of the step distance with reasonable expectation of success. One of ordinary skill in the art would have been motivated to make such a modification for benefit of improving both the accuracy of calculation step length and calculating the current position of the user during route navigation, as discussed in Wan (see at least Wan [English Translation pg.8 para.11, pg.9 para.9] especially method three and method four, can adopt two-step calculation method, to improve accuracy… can accurately to control the current position of the user).
Regarding Claim 6, AR Based Indoor Navigation NPL in view of Feng, Ding, and Wan teaches all limitations of Claim 5 as set forth above. AR Based Indoor Navigation NPL further teaches wherein the mobile communication device illustrates the pointer on the route (see at least AR Based Indoor Navigation NPL [Section 2.3 and Figure 1 and Figure 13] Fig. 1. A 3D model and 3D navigation arrows (Fig. 1a), 2D navigation arrows (Fig. 1a–c), 3D positions of intact and defective smoke detectors (Fig. 1b and c), animated 3D maintenance instructions (Fig. 1d), and the 2D user position on a map (Fig. 1a–d) are superimposed on the camera live view).
Regarding Claim 7, AR Based Indoor Navigation NPL in view of Feng, Ding, and Wan teaches all limitations of Claim 5 as set forth above. AR Based Indoor Navigation NPL further teaches wherein the navigation data memory is part of the object model (see at least AR Based Indoor Navigation NPL [Section 4.1] The AR based positioning component manages a list of all natural markers, such as exit sign and fire extinguisher signs. For each marker the name, the position (XY on a floor plan), the orientation (2D projection of the marker normal) and the link to the PNG file (marker image) are stored. This information can be automatically extracted from digital building models).
Regarding Claim 8, AR Based Indoor Navigation NPL in view of Feng, Ding, and Wan teaches all limitations of Claim 5 as set forth above. AR Based Indoor Navigation NPL further teaches wherein the object model comprises a building information model or a three-dimensional rendered model (see at least AR Based Indoor Navigation NPL [Section 4.1] The AR based positioning component manages a list of all natural markers, such as exit sign and fire extinguisher signs. For each marker the name, the position (XY on a floor plan), the orientation (2D projection of the marker normal) and the link to the PNG file (marker image) are stored. This information can be automatically extracted from digital building models).
Regarding Claim 9, AR Based Indoor Navigation NPL in view of Feng, Ding, and Wan teaches all limitations of Claim 5 as set forth above. However AR Based Indoor Navigation NPL does not explicitly teach wherein the server is part of a cloud infrastructure.
Ding, in the same field as the endeavor, teaches wherein the server is part of a cloud infrastructure (see at least Ding [English Translation pg.3 para.3, pg.2 para.5] the navigation software is uploaded to the cloud server).
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 system set forth in AR Based Indoor Navigation NPL to contain a system for a cloud based server with reasonable expectation of success. One of ordinary skill in the art would have been motivated to make such a modification for benefit of using architecture that is commonly used in the art to store, run, and operate software, such as a server or cloud server.
Conclusion
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/JOSEPH ANDERSON YANOSKA/Examiner, Art Unit 3664
/RACHID BENDIDI/Supervisory Patent Examiner, Art Unit 3664
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