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 .
Response to Arguments
Applicant's arguments filed July 20, 2026 have been fully considered but they are not persuasive.
Applicants submit that Ramasamy does not teach of determining, on the basis of the orientation signal, a motion datum that defines whether the user equipment is in a means of transportation in Paragraph [0053]. The claimed feature acts as a local data filter at the source, preventing the system from uploading incorrect or spurious data. For instance, if a device 1b is stationary at a bus stop, it will detect passing devices 1a but will refuse to upload tracking reports because its own motion check is negative. Ramasamy's system is designed to do the exact opposite. Ramasamy relies on stationary or near-stationary devices at transit hubs detecting passing vehicles to establish their arrival times. (See Ramasamy at Paragraphs [0034] and [0051]). According to Ramasamy, reports from stationary devices are highly valuable. Conversely, according to the present invention, they are filtered out to protect server bandwidth and data integrity. This self-filtering logic is a specific, non-obvious technical solution to a problem unique to peer-to-peer tracking architecture. Therefore, as amended, Claim 16 is patentable over the combination of Ramasamy in view of Struhsaker.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., a local data filter at the source, preventing the system from uploading incorrect or spurious data) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Examiner submits that Ramasamy teaches of determining, on the basis of the orientation signal, a motion datum that defines whether said user equipment is in a means of transportation (#281, Fig.2) (the mobile device may detect a known mobile terrestrial transceiver 280 associated with a mobile terrestrial transport 281 and determine that the mobile device is moving, through location tracking, on a route associated a mobile terrestrial transport 281, Paragraph 0048 and Paragraphs 0033, 0040 and 0053).
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.
This application includes one or more claim limitations that use the word “means,” and are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. Such claim limitation(s) is/are: “reception means for”, “positioning means for”, “communication means for”, “processing means for” and “orientation means” in claim 16.
In claim 16, Claim limitation “reception means for” has been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Since the claim limitation invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, claim 13 has been interpreted to cover the corresponding structure described in the specification that achieves the claimed function, and equivalents thereof.
A review of the specification shows corresponding structure for an “reception means for” in Figure 1 (#14) and as recited in Paragraph 0038, where the reception means comprises a wireless data interface such as, for example, a Bluetooth™ or WiFi™ data interface.
In claim 16, Claim limitation “positioning means for” has been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Since the claim limitation invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, claim 16 has been interpreted to cover the corresponding structure described in the specification that achieves the claimed function, and equivalents thereof.
A review of the specification shows corresponding structure for an “positioning means for” in Figure 1 (#15) and as recited in Paragraph 0038, where the positioning means (e.g. a GNSS receiver or another positioning system, such as, for example, a WiFi™ or Bluetooth™ indoor positioning system, base stations of a cellular network, or the like) that can be configured for determining position data.
In claim 16, Claim limitation “communication means for” has been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Since the claim limitation invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, claim 13 has been interpreted to cover the corresponding structure described in the specification that achieves the claimed function, and equivalents thereof.
A review of the specification shows corresponding structure for an “communication means for” in Figure 1 (#16) and as recited in Paragraph 0028, where the communication means, preferably a network interface operating in accordance with a standard of the IEEE 803.2 family (also known as Ethernet) or the 802.11 family (also known as WiFi™) or the 802.16 family (also known as WiMax™) or an interface to a data network of the GSM™/GPRS™/UMTS™/LTE™ or TETRA™ type, or the like, which allow the user equipment 1 to communicate with other devices through a data network.
In claim 16, Claim limitation “orientation means” has been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Since the claim limitation invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, claim 20 has been interpreted to cover the corresponding structure described in the specification that achieves the claimed function, and equivalents thereof.
A review of the specification shows corresponding structure for an “orientation means” of a MEMS accelerometer and/or gyroscope and/or compass, configured for generating an orientation signal representing at least one orientation of the user equipment 1b and/or a movement to which said user equipment 1b is being subjected.
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.
In claim 18, claim limitation “memory means” has NOT been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the term memory has an art recognized structural connotation in the form of a physical buffer to store or hold communications signals.
If applicant wishes to provide further explanation or dispute the examiner’s interpretation of the corresponding structure, applicant must identify the corresponding structure with reference to the specification by page and line number, and to the drawing, if any, by reference characters in response to this Office action.
If applicant does not intend to have the claim limitation(s) treated under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112 , sixth paragraph, applicant may amend the claim(s) so that it/they will clearly not invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, or present a sufficient showing that the claim recites/recite sufficient structure, material, or acts for performing the claimed function to preclude application of 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
For more information, see MPEP § 2173 et seq. and Supplementary Examination Guidelines for Determining Compliance With 35 U.S.C. 112 and for Treatment of Related Issues in Patent Applications, 76 FR 7162, 7167 (Feb. 9, 2011).
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 16 – 18, 25 – 27 and 30 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ramasamy et al (US 2019/0132703).
Re claims 16 and 25, Ramasamy teaches of a user equipment (#100, mobile device, Figures 1 – 2) for tracking a second user equipment in a transportation network (#280, Fig.2), comprising: a reception means for receiving signals emitted by said second user equipment (This element is interpreted under 35 U.S.C. 112(f) as a wireless data interface as described in the specification as described above) (WiFi, Bluetooth, antennas and Fig.1, Paragraph 0028 and #430, Fig.4), a positioning means for determining the position of said user equipment (#410, Fig.4 and Paragraph 0047), the positioning means further comprise orientation means configured for generating an orientation signal representing at least one orientation of the user equipment and/or a movement to which said user equipment is being subjected (This element is interpreted under 35 U.S.C. 112(f) as a wireless data interface as described in the specification as described above) (the mobile device 100 also determines if mobile device 100 is in motion and, if so, at what rate and direction, Paragraph 0053 and Paragraphs 0055, 0026 and 0032), wherein said user equipment further comprises input means adapted to acquire said orientation signal, a communication means for transmitting signals (This element is interpreted under 35 U.S.C. 112(f) as a wireless data interface as described in the specification as described above) (#440, Fig.4 and Paragraph 0050) to an electronic computer (#250, Fig.2), and a processing means configured for receiving, via the reception means, a first identification signal emitted by said second user equipment when it is aboard a means of transportation (mobile device may obtain a transceiver identifier for a mobile terrestrial transceiver 280 co-located on a mobile terrestrial transport 281 with mobile device 100, Paragraph 0046), wherein said first identification signal comprises a first identification datum that identifies said second user equipment (the mobile device determines that at least one transceiver identifier is associated with the mobile terrestrial transport 281 based, at least in part, upon at least one signal received from the at least one mobile terrestrial transceiver, Paragraph 0049), acquiring, via the input means, the orientation signal generated by the orientation means (Paragraph 0053), determining, on the basis of the orientation signal, a motion datum that defines whether said user equipment is in a means of transportation (the mobile device may detect a known mobile terrestrial transceiver 280 associated with a mobile terrestrial transport 281 and determine that the mobile device is moving, through location tracking, on a route associated a mobile terrestrial transport 281, Paragraph 0048 and Paragraphs 0033, 0040 and 0053), determining, via the positioning means, a position datum that defines the position in which said first identification signal has been received (Paragraphs 0047 – 0048), and transmitting, via the communication means, a second identification signal to said electronic computer (#440, Paragraph 0050 and Paragraph 0053) only if said motion datum indicates that the user equipment is in a means of transportation (doppler shift, Paragraph 0055), wherein said second identification signal comprises at least said first identification datum and said position datum (an indication for the at least one associated transceiver identifier and the location, Paragraph 0050 and Paragraph 0053), so that said electronic computer can track the route being followed by said second user equipment in said transportation network on the basis of at least said first identification datum and said position datum (A crowd source server 250 receives uploaded information from mobile devices 100 and determines, based on a comparison of mobile device 100 location and time data and known route information and schedule information, that a mobile device 100 is located on a mobile terrestrial transport 281, Paragraph 0059 and Paragraphs 0061 and 0065).
Re claims 17 and 26, Ramasamy teaches of wherein the positioning means comprise a radio receiver, wherein the processing and/or control means are preferably configured for receiving, via a radio receiver, an in-vehicle signal emitted by a transmitter apparatus positioned in said vehicle, wherein said in-vehicle signal comprises trip data that define a service provided by said transportation vehicle (the mobile terrestrial transceiver identification (ID) is associated with a particular terrestrial transport or route, Paragraph 0041), and determining the position datum on the basis of the trip data comprised in said in-vehicle signal (Paragraph 0047).
Re claims 18 and 27, Ramasamy teaches of further comprising memory means containing at least coverage data associating with at least one wireless data network a position or an area where it is possible to receive the signal of said wireless network (signal strengths, Paragraph 0031), wherein the positioning means comprise a wireless network access interface, and wherein the processing and/or control means are configured for determining, via said wireless network access interface, a set of identifiers (one or more associated transceiver identifiers, Paragraph 0050), each one of which identifies one wireless data network (mobile terrestrial transceiver 280 identification (such as a media access control (MAC) address, service set identifier (SSID), base station ID or other identifier), Paragraph 0038), and determining the position datum on the basis of said set of identifiers and said coverage data (Paragraph 0031).
Re claim 30, Ramasamy teaches of a computer program product loadable into a memory of an electronic computer and comprising software code portions for the execution of the phases of the method according to claim 29 (Paragraph 0081).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 19 and 28 are rejected under 35 U.S.C. 103 as being unpatentable over Ramasamy in view of Struhsaker et al (US 2019/0281370).
Re claims 19 and 28, Ramasamy teaches all the limitations of claims 18 and 27 as well as wherein the positioning means further comprise a receiver of satellite positioning signals (Lines 1 – 5, Paragraph 0031), and wherein the processing and/or control means are configured for activating the receiver of satellite positioning signals, determining, via said receiver of satellite positioning signals, at least one signal strength of at least one positioning signal received, determining, via said receiver of satellite positioning signals, the position datum (Paragraph 0031) if said at least one signal strength is higher than a threshold (claim 5 in Page 13). However, Ramasamy does not specifically teach of the measurement being at least one signal-to-noise ratio.
Struhsaker teaches of determining, via said receiver of satellite positioning signals, the position datum if said at least one signal-to-noise ratio is higher than a threshold (Paragraph 0110 and Fig.11A).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have measured a signal-to-noise ratio SNR as a better indicator of performance and speed.
Allowable Subject Matter
Claims 21 and 23 – 24 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ARISTOCRATIS FOTAKIS whose telephone number is (571)270-1206. The examiner can normally be reached M-F 8:30am-5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sam K Ahn can be reached at (571) 272-3044. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ARISTOCRATIS FOTAKIS/
Primary Examiner, Art Unit 2633
