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 .
Priority
Examiner acknowledges Applicant’s claim to priority benefits of DE10 2021 006 297.3 filed 12/21/2021.
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 6/20/2024, 9/8/2025 and 10/7/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement(s) is/are being considered if signed and initialed by the Examiner.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
For applicant’s benefit portions of the cited reference(s) have been cited to aid in the review of the rejection(s). While every attempt has been made to be thorough and consistent within the rejection it is noted that the PRIOR ART MUST BE CONSIDERED IN ITS ENTIRETY, INCLUDING DISCLOSURES THAT TEACH AWAY FROM THE CLAIMS. See MPEP 2141.02 VI.
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 13, 16-18 and 20 are rejected under 35 U.S.C. 102(a0(1) as being anticipated by Witych (EP 3035714 B1) [English Translation].
Regarding claim 13, Witych (‘714) anticipates “an apparatus configured to establish a secure communication between a first and second communication device (page 2 paragraph 7: an emergency notification method comprising providing at least one mobile emergency communication device adapted for communication over a communication network, comprising an emergency transmitted adapted to broadcast one of the communication network is formed independent emergency signal…the communication network is preferably a mobile radio network and the emergency communication device is preferably a terminal designed for communication via the mobile radio network, for example smartphone), wherein the apparatus is configured to:
determine a current geodetic position of the one of the first and second communication devices (page 2 paragraph 8: in response to activation of the emergency sender, the emergency sender transmits an emergency signal which is received by at least one receiving device…depending on the received emergency signal is determined by the receiving device relation location information of the mobile emergency communication device relative to the receiving device);
compare the current geodetic position of the one of the first and second communication devices with a received position or stored position of the one of the first and second communication devices or check plausibility of the received position or stored position of the one of the first and second communication devices based on the current geodetic position of the one of the first and second communication devices (page 2 paragraph 10: the relative location information determined by the receiving device can be used, in particular for navigation to the transmitting emergency communication device and advantageously includes a direction information and/or distance information…the determination of the relative location information by receiving device comprises carrying out a radio bearing as a function of the received emergency signal, the direction finding gin particular being determined by the radio bearing, i.e. the direction from the receiving device to the emergency communication device; page 10 paragraph 2:
the receiving device 40 determines an absolute location information of the own position and adjusts the, in particular determined by radio bearing, relative location information depending on their own absolute location information and transmitted with the emergency signal absolute location information of the emergency communication device 30, wherein the adaptation in particular by means of an adjustment calculation…the statistically most plausible positioning with an improved direction and an improved route length is calculated from the two location information types, the absolute and the relative location information and their accuracies),
wherein the current geodetic position of the one of the first and second communication devices is determined based on an angle of arrival or a signal strength of communication signals received by the one of the first and second communication devices from one or more satellites (page 3 paragraph 2: a distance between the receiving device and the emergency communication device can take place depending on the signal strength of the received emergency signal…the emergency communication device and the receiving device are designed to carry out an own location by means of GPS), and
wherein a transmit time of signals received by the one of the first and second communication devices from the one or more satellites is also used to determine the current geodetic position of the one of the first and second communication devices (page 3 paragraph 2: to determine the distance by means of a transit time measurement in which the emergency signal comprises time information, in particular information about the time at which the emergency signal was transmitted…so that the receiving device from this information can determine a distance…the emergency communication device and the receiving device are designed to carry out an own location by means of GPS, so that from their own position and the known position of the time signal transmitter the respective distance to the time signal transmitter and from this the respective transit time can be determined; page 3 paragraph 3: if the receiving device is designed to carry out an own location, using a GPS receiver, the receiving device can perform location of the emergency communication device relative to the receiving device by means of its own position and the relative location information of the mobile emergency communication device).”
Regarding claim 16, which is dependent on independent claim 13, Witych (‘714) anticipates the apparatus of claim 13. Witych (‘714) further anticipates “the apparatus is part of the first and second communication devices (page 2 paragraph 7: an emergency notification method comprising providing at least one mobile emergency communication device adapted for communication over a communication network, comprising an emergency transmitted adapted to broadcast one of the communication network is formed independent emergency signal…the communication network is preferably a mobile radio network and the emergency communication device is preferably a terminal designed for communication via the mobile radio network, for example smartphone).”
Regarding claim 17, which is dependent on independent claim 13, Witych (‘714) anticipates the apparatus of claim 13. Witych (‘714) further anticipates “the apparatus is part of the one or more satellites (page 3 paragraph 3: if the receiving device is designed to carry out an own location, using a GPS receiver, the receiving device can perform location of the emergency communication device relative to the receiving device by means of its own position and the relative location information of the mobile emergency communication device).”
Regarding independent claim 18, which is a corresponding method claim of independent apparatus claim 13, Witych (‘714) anticipates all the claimed invention as shown above for claim 13.
Regarding claim 20, which is dependent on independent claim 18, Witych (‘714) anticipates the method of claim 18. Witych (‘714) further anticipates “the current geodetic position is determined based the signal strength of communication signals received by the one of the first and second communication devices from one or more satellites and the transmit time of the signals received by the one of the first and second communication devices from the one or more satellites (page 2 paragraph 8: in response to activation of the emergency sender, the emergency sender transmits an emergency signal which is received by at least one receiving device… depending on the received emergency signal is determined by the receiving device relation location information of the mobile emergency communication device relative to the receiving device; page 3 paragraph 2: to determine the distance by means of a transit time measurement in which the emergency signal comprises time information, in particular information about the time at which the emergency signal was transmitted…so that the receiving device from this information can determine a distance…the emergency communication device and the receiving device are designed to carry out an own location by means of GPS, so that from their own position and the known position of the time signal transmitter the respective distance to the time signal transmitter and from this the respective transit time can be determined).”
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.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Witych (EP 3035714 B1) [English Translation], and further in view of Sharma et al. (US 2022/0317312 A1).
Regarding claim 14, which is dependent on independent claim 13, Witych (‘714) discloses the apparatus of claim 13. Witych (‘714) does not explicitly disclose “the apparatus has an antenna array.”
Sharma et al. (‘312) relates to mobile device, receiving a satellite signal, and receiving, from a wireless device, a message including a location of a reference structure. Sharma et al. (‘312) teaches “the apparatus has an antenna array (paragraph 40: the term “base station” may refer to a single physical transmission-reception point (TRP) or to multiple physical TRPs that may or may not be co-located… where the term “base station” refers to a single physical TRP, the physical TRP may be an antenna of the base station corresponding to a cell (or several cell sectors) of the base station…where the term “base station” refers to multiple co-located physical TRPs, the physical TRPs may be an array of antennas (e.g., as in a multiple-input multiple-output (MIMO) system or where the base station employs beamforming) of the base station).”
It would have been obvious to one of ordinary skill-in-the-art before the effective filing date of the claimed invention to modify the apparatus of Witych (‘714) with the teaching of Sharma et al. (‘312) for more reliable communication (Sharma et al. (‘312) – paragraph 189). In addition, both of the prior art references, (Witych (‘714) and Sharma et al. (‘312)) teach features that are directed to analogous art and they are directed to the same field of endeavor, such as, determining location of communication device using satellite signal.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Witych (EP 3035714 B1) [English Translation], and further in view of Berggren et al. (US 11,277,811 B2).
Regarding claim 15, which is dependent on independent claim 13, Witych (‘714) discloses the apparatus of claim 13. Witych (‘714) does not explicitly disclose “the apparatus is configured to test a signal strength of signals sent by the one of the first and second communication devices according to a given pattern and to filter signals received from the one of the first and second by communication devices according to the given pattern.”
Berggren et al. (‘811) relates to network communication devices and to user communication devices arranged to support a determination of a position of a user communication device in a communication network. Berggren et al. (‘811) teaches “the apparatus is configured to test a signal strength of signals sent by the one of the first and second communication devices according to a given pattern and to filter signals received from the one of the first and second by communication devices according to the given pattern (column 4 lines 12-18: the quality of a determined relative distance is sufficient, if strength of a signal used for determining the corresponding relative distance is above a threshold, and wherein the quality of the determined relative distance is not sufficient, if the strength of the signal used for determining the corresponding relative distance is below the threshold; column 18 lines 20-37: the position of the user communication device 22 is determined with regard to at least one or at least two reference user communication devices 21 by detecting and analyzing the strengths of their device reference signals. Reference user communication device(s) 21 with device reference signals, strength of which are above a threshold, are considered as being most relevant for the determination of the position of the user communication device 22…the position of the user communication device 22 is determined by determining overlap area between radiuses of relevant reference user communication device signal strengths if at least two relevant reference user communication devices 21 have been detected …the position of the user communication device 22 is determined as corresponding to the area covered by radius of a relevant reference user communication device signal strength around the relevant reference user communication device 21 if one relevant reference user communication device 21 has been detected).”
It would have been obvious to one of ordinary skill-in-the-art before the effective filing date of the claimed invention to modify the apparatus of Witych (‘714) with the teaching of Berggren et al. (‘811) for an accurate determination of positions of user communication devices (Berggren et al. (‘811) – column 2 lines 11-18). In addition, both of the prior art references, (Witych (‘714) and Berggren et al. (‘811)) teach features that are directed to analogous art and they are directed to the same field of endeavor, such as, support a determination of a position of a user communication device in a communication network.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Witych (EP 3035714 B1) [English Translation], and further in view of Salkini (US 2019/0268350 A1).
Regarding claim 19, which is dependent on independent claim 18, Witych (‘714) discloses the apparatus of claim 18. Witych (‘714) further discloses “the current geodetic position is determined based on the transmit time of the signals received by the one of the first and second communication devices from the one or more satellites (page 3 paragraph 2: to determine the distance by means of a transit time measurement in which the emergency signal comprises time information, in particular information about the time at which the emergency signal was transmitted…so that the receiving device from this information can determine a distance…the emergency communication device and the receiving device are designed to carry out an own location by means of GPS, so that from their own position and the known position of the time signal transmitter the respective distance to the time signal transmitter and from this the respective transit time can be determined).”
Witych (‘714) does not explicitly disclose “the current geodetic position is determined based on the angle of arrival of the communication signals received by the one of the first and second communication devices from one or more satellites.”
Salkini (‘350) realtes to wireless communication. Salkini (‘350) teaches “the current geodetic position is determined based on the angle of arrival of the communication signals received by the one of the first and second communication devices from one or more satellites (paragraph 58: the module 130 may determine device location based on a GPS signal provided in conjunction with operation of the device 20…the device 20 may query a GPS satellite to obtain geographic location information…the GPS-provided information may be used to both initially locate the wireless device 20, and subsequently to track the wireless device 2… the module 130 also may determine altitude of the device 20, in addition to latitude and longitude. One means for determining altitude is by computing slant range based on angle of arrival information).”
It would have been obvious to one of ordinary skill-in-the-art before the effective filing date of the claimed invention to modify the method of Witych (‘714) with the teaching of Salkini (‘350) for more reliable position determination for communication devices (Salkini (‘350) – paragraph 58). In addition, both of the prior art references, (Witych (‘714) and Salkini (‘350)) teach features that are directed to analogous art and they are directed to the same field of endeavor, such as, using satellite to obtain geographic location information.
Citation of Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Stahlin et al. (US 2012/008440 A1) relates to a communication device for communication with coequal subscribers, a communication network having a plurality of such communication devices, a vehicle having such a communication device, a method for communication with a coequal subscriber, a program element and a computer-readable medium (paragraph 2).
Pearce (US 10,158,492 B2) describes enabling geolocation of a device with strong verifiability…Figure 1 illustrates one of many possible examples of a system 100 configured to verifiably establish the geolocation of one or more devices operating within the system.in Figure 1, a user of a mobile phone 611 and a communication system in a car 612 are shown as transmitting to reception systems such as cell phone towers 620 and/or satellites 630…as the number and type of wireless devices continues to increase and spread, so too will the possible uses of the invention…it is not necessary for the device tracked by the geolocation system according to embodiments of the invention to itself be mobile, or at least not intentionally…the system may be used to detect and prove that a device that is not supposed to move, for example, beyond or to within some boundary, has in fact done so…for convenience, the term “device” is used to mean anything that includes or can receive data from a geolocation engine and whose location is to be verified with a data signature (column 2 lines 15-35); Figure 2 illustrates an embodiment of a mobile device 700 configured to determine its current location and to request a corresponding data signature…the device 700 will typically include one or more antennas or transceivers 705, which may allow the phone to exchange data with a cell tower, satellite (such to acquire GPS signals, signals transmitted from the Iridium constellation of satellites, etc.), Wi-Fi base station, and/or the like in order to perform its nominal function, such as telephony, as well as to determine a geolocation and/or to communicate with a remotely located entity (column 2 lines 36-46).
DE102015211825 [English Translation] describes when receiving data packet sent by a radio transmitter, the position of the transmitter in the room is always determined by the installed infrastructure components and compared with corresponding data records…the data packet is only considered valid if the determined position within the measurement accuracy matches the values stored in the data record…this results in an addition test option for the authenticity of the received data via the position determination (page 3 column 8); on the side of the infrastructure components, the data packets are received and decoded…an angle of arrival of the signal emitted by the transmitter of the relevant data packet is determined via suitable antennas and receivers of each individual installed infrastructure component…from the determined spatial angles, the positions of the transmitters are determined with the aid of trigonometric functions…the authenticity of received data can be checked with the aid of the determined position values in addition to further measures, such as, for example, encrypted data transmission or checking of a MAC address…the position data obtained can be used for other functions in the industrial environment…for example, for determining the position of movable system in space (page 3 paragraph 10); security can be provided by the installation of further, fixed communication partners with a radio interface…at some positions in the room, these communication partners are installed and interrogated, for example in the case of a WLAN radio network, at regular intervals y the WLAN access node…when sending the associated answer, the position of the relevant communication partner is always determined as described above and compared with the values also stored in the data record…this allows the system to determine if there is a general malfunction in the wireless network…if the communication partners are installed in some significant or difficult places, comparative measurements can improve the accuracy or even the uniqueness of the angle measurement in certain areas…similar results obtained for the angle measurement to the communication partner No. x and to the sensor y signal a high level probability that both are also in the same angular range (page 8 paragraph 10).
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NUZHAT PERVIN whose telephone number is (571)272-9795. The examiner can normally be reached M-F 9:00AM-5:00PM.
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/NUZHAT PERVIN/Primary Examiner, Art Unit 3648