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 with respect to claim(s) 1-5, 7-11, 13-17 have been considered but are moot because the new ground 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.
Examiner’s Note: The Examiner has pointed out particular references contained in the prior art of record within the body of this action for the convenience of the Applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply. "The use of patents as references is not limited to what the patentees describe as their own inventions or to the problems with which they are concerned. They are part of the literature of the art, relevant for all they contain." In re Heck, 699 F.2d 1331, 1332-33,216 USPQ 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006, 1009, 158 USPQ 275,277 (CCPA 1968)). A reference may be relied upon for all that it would have reasonably suggested to one having ordinary skill the art, including nonpreferred embodiments (see MPEP 2123). Therefore, Applicant, in preparing the response, must fully consider the entire disclosure of the cited references as potentially teaching all or part of the claimed invention, including the context of the cited passages as taught by the prior art disclosed by the Examiner.
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(s) 1-5, 7-11, 13-17 are rejected under 35 U.S.C. 103 as being unpatentable over JONG et al (20220100286) in view of Patterson (20180184286).
Regarding claim 1, DE JONG et al discloses, a method comprising:
determining, by a tracking server (i.e., electronic device 500 e.g., or a server), that a tracking device (i.e., electronic device) within a threshold distance of a user that moves in conjunction with the user is an unauthorized tracking device (i.e., remote locator object) by determining that the tracking device has been within a threshold distance of the user for more than a threshold amount of time as the user has moved a second threshold distance (¶ 0466, 0545, electronic device 500 e.g., or a server determines that the remote locator object's location has been following the user's location, the remote locator object is determined to be following the user's location if the position of the remote locator object is the same as or within a threshold distance of, the user's location for a threshold amount of time t1 to t2 to t3, see fig. 12a-13);
providing, by the tracking server, a notification to the user indicating a presence of the tracking device within the threshold distance of the user and (¶ 0468, 0545, see fig. 12a-13, notification 1402 is displayed when electronic device 500 e.g., or a server determines that the remote locator object's location has been following the user's location, the remote locator object is determined to be following the user's location if the position of the remote locator object is the same as or within a threshold distance),
in response to a request from the user, causing the unauthorized tracking device to emit a sound (¶ 0364, 0468-0469, 0545, see fig. 12a-13, notification 1402 is displayed when electronic device 500 e.g., or a server determines that the remote locator object's location has been following the user's location, the remote locator object is determined to be following the user's location if the position of the remote locator object is the same as or within a threshold distance and in response to receiving user input, device 500 is unable to communicate directly with the remote locator object to issue the command to cause the remote locator object to emit a sound).
JONG et al does specifically discloses, a user input 1003 is received selecting module 1064. In some embodiments, in response to receiving user input 1003, device 500 displays user interface 1066, as shown in FIG. 10R. In some embodiments, user interface 1066 includes instructions for disassembling and disabling the remote locator object. For example, user interface 1066 includes textual instructions 1070 for disassembling and disabling the remote locator object. In some embodiments, user interface 1066 includes representation 1068 that animates to illustrate how to disassemble and disable the remote locator object. For example, in FIG. 10R, representation 1068 animates to illustrate the remote locator object being twisted open and in FIG. 10S, representation 1068 animates to illustrate the remote locator object being opened, revealing the battery, which can be removed to disable the remote locator object (¶ 0379).
JONG et al does not specifically disclose remotely disabling, by the tracking server, the unauthorized tracking device.
In the same field of endeavor, Patterson discloses, remotely disabling, by the tracking server, the unauthorized tracking device (¶ 0004, 0037, 0076, the tracking system 100 collects tracking data associated with both tracking devices from community wireless devices 104, and detects the close proximity of the tracking devices in multiple locations at different times, resulting in identification of the unauthorized device. The tracking system 100 may send a notification to the mobile device 102 or other computing device of the user 103 when the unauthorized tracking device is detected. The tracking system 100 may remotely deactivate the unauthorized tracking device). Therefore, before the effective filing date of the claim invention, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the device of JONG et al by specifically adding feature in order to enhance system performance to prevents classification of devices that are moving independent of the user from being classified as unauthorized tracking devices following the user, since a device that is following the user will remain within a relatively constant distance from the user as taught by Patterson.
Regarding claims 2, 8, 14, DE JONG et al discloses, wherein the unauthorized tracking device is owned by an owner different than the user, and wherein the user is only able to cause the unauthorized tracking device to emit the sound after the tracking server determines that the tracking device is an unauthorized tracking device (¶ 0503, 0562, the remote locator object receives a request to provide its current location information to the owner of the remote locator object, other than the user of the electronic device).
Regarding claims 3, 9, 15, DE JONG et al discloses, wherein the notification is provided to the user within an application interface of the mobile device of the user, and wherein the application interface further includes an interface element that, when interacted with by the user, causes the unauthorized tracking device to emit a sound (¶ 0468, device 500 displays notification 1210 on user interface 1208 (e.g., overlaid on top of the user interface that was displayed before notification 1210 was displayed) that indicates that an unknown locator object is tracking the location of device 500 and that the owner of the unknown locator object e.g., the user whose account is associated with the unknown locator object is able to see the location of the unknown locator.).
Regarding claims 4,10, 16, DE JONG et al discloses, wherein the emitted sound comprises a ringtone (¶ 0397, in response to selecting the selectable option to cause the remote locator object to generate an audible tone, the electronic device issues a command to the remote locator object to generate an audible tone.).
Regarding claims 5, 11,17, DE JONG et al discloses, wherein the mobile device comprises an ultra wideband transceiver (¶ 0043), and wherein the mobile device is configured to, in response to determining that the tracking device is an unauthorized tracking device, detect a direction from the mobile device to the tracking device and provide an indication of the detected direction to the tracking device to the user (¶ 0062, 0284, 0289, 0306, the device is able to determine the direction of the remote locator object and guide the user to move in the determined direction. In some embodiments, in the finding mode, the user interface includes visual indicators that are displayed via the display generation component to indicate the direction and/or distance of the remote locator object e.g., arrows pointing in the direction of the remote locator object and/or a textual indication of the approximate distance that the remote locator object is from the device. In some embodiments, the device determines the location of the remote locator object e.g., direction and distance based on wireless communication with the remote locator object).
Regarding claim 7, DE JONG et al discloses, a non-transitory computer-readable storage medium storing executable instructions that, when executed by a hardware processor, cause the hardware processor to perform steps comprising( abstract, ¶ 0173):
determining, by a tracking server, that a tracking device within a threshold distance of a user that moves in conjunction with the user is an unauthorized tracking device by determining that the tracking device has been within a threshold distance of the user for more than a threshold amount of time as the user has moved a second threshold distance (¶ 0466, 0545, electronic device 500 e.g., or a server determines that the remote locator object's location has been following the user's location, the remote locator object is determined to be following the user's location if the position of the remote locator object is the same as or within a threshold distance of, the user's location for a threshold amount of time t1 to t2 to t3, see fig. 12a-13);
providing, by the tracking server, a notification to the user indicating a presence of the tracking device within the threshold distance of the user and (¶ 0468, 0545, see fig. 12a-13, notification 1402 is displayed when electronic device 500 e.g., or a server determines that the remote locator object's location has been following the user's location, the remote locator object is determined to be following the user's location if the position of the remote locator object is the same as or within a threshold distance),
in response to a request from the user, causing the unauthorized tracking device to emit a sound (¶ 0364, 0468-0469, 0545, see fig. 12a-13, notification 1402 is displayed when electronic device 500 e.g., or a server determines that the remote locator object's location has been following the user's location, the remote locator object is determined to be following the user's location if the position of the remote locator object is the same as or within a threshold distance and in response to receiving user input, device 500 is unable to communicate directly with the remote locator object to issue the command to cause the remote locator object to emit a sound.).
JONG et al does specifically discloses, a user input 1003 is received selecting module 1064. In some embodiments, in response to receiving user input 1003, device 500 displays user interface 1066, as shown in FIG. 10R. In some embodiments, user interface 1066 includes instructions for disassembling and disabling the remote locator object. For example, user interface 1066 includes textual instructions 1070 for disassembling and disabling the remote locator object. In some embodiments, user interface 1066 includes representation 1068 that animates to illustrate how to disassemble and disable the remote locator object. For example, in FIG. 10R, representation 1068 animates to illustrate the remote locator object being twisted open and in FIG. 10S, representation 1068 animates to illustrate the remote locator object being opened, revealing the battery, which can be removed to disable the remote locator object (¶ 0379).
JONG et al does not specifically disclose remotely disabling, by the tracking server, the unauthorized tracking device.
In the same field of endeavor, Patterson discloses, remotely disabling, by the tracking server, the unauthorized tracking device (¶ 0004, 0037, 0076, the tracking system 100 collects tracking data associated with both tracking devices from community wireless devices 104, and detects the close proximity of the tracking devices in multiple locations at different times, resulting in identification of the unauthorized device. The tracking system 100 may send a notification to the mobile device 102 or other computing device of the user 103 when the unauthorized tracking device is detected. The tracking system 100 may remotely deactivate the unauthorized tracking device). Therefore, before the effective filing date of the claim invention, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the device of JONG et al by specifically adding feature in order to enhance system performance to prevents classification of devices that are moving independent of the user from being classified as unauthorized tracking devices following the user, since a device that is following the user will remain within a relatively constant distance from the user as taught by Patterson.
Regarding claim 13, DE JONG et al discloses, a tracking server comprising a hardware processor and a non-transitory computer-readable storage medium storing executable instructions that, when executed by the hardware processor, cause the system to perform steps comprising (abstract):
determining, by the tracking server, that a tracking device within a threshold distance of a user that moves in conjunction with the user is an unauthorized tracking device by determining that the tracking device has been within a threshold distance of the user for more than a threshold amount of time as the user has moved a second threshold distance (¶ 0466, 0545, electronic device 500 e.g., or a server determines that the remote locator object's location has been following the user's location, the remote locator object is determined to be following the user's location if the position of the remote locator object is the same as or within a threshold distance of, the user's location for a threshold amount of time t1 to t2 to t3, see fig. 12a-13);
providing, by the tracking server, a notification to the user indicating a presence of the tracking device within the threshold distance of the user and (¶ 0468, 0545, see fig. 12a-13, notification 1402 is displayed when electronic device 500 e.g., or a server determines that the remote locator object's location has been following the user's location, the remote locator object is determined to be following the user's location if the position of the remote locator object is the same as or within a threshold distance),
in response to a request from the user, causing the unauthorized tracking device to emit a sound (¶ 0364, 0468-0469, 0545, see fig. 12a-13, notification 1402 is displayed when electronic device 500 e.g., or a server determines that the remote locator object's location has been following the user's location, the remote locator object is determined to be following the user's location if the position of the remote locator object is the same as or within a threshold distance and in response to receiving user input, device 500 is unable to communicate directly with the remote locator object to issue the command to cause the remote locator object to emit a sound.).
JONG et al does specifically discloses, a user input 1003 is received selecting module 1064. In some embodiments, in response to receiving user input 1003, device 500 displays user interface 1066, as shown in FIG. 10R. In some embodiments, user interface 1066 includes instructions for disassembling and disabling the remote locator object. For example, user interface 1066 includes textual instructions 1070 for disassembling and disabling the remote locator object. In some embodiments, user interface 1066 includes representation 1068 that animates to illustrate how to disassemble and disable the remote locator object. For example, in FIG. 10R, representation 1068 animates to illustrate the remote locator object being twisted open and in FIG. 10S, representation 1068 animates to illustrate the remote locator object being opened, revealing the battery, which can be removed to disable the remote locator object (¶ 0379).
JONG et al does not specifically disclose remotely disabling, by the tracking server, the unauthorized tracking device.
In the same field of endeavor, Patterson discloses, remotely disabling, by the tracking server, the unauthorized tracking device (¶ 0004, 0037, 0076, the tracking system 100 collects tracking data associated with both tracking devices from community wireless devices 104, and detects the close proximity of the tracking devices in multiple locations at different times, resulting in identification of the unauthorized device. The tracking system 100 may send a notification to the mobile device 102 or other computing device of the user 103 when the unauthorized tracking device is detected. The tracking system 100 may remotely deactivate the unauthorized tracking device). Therefore, before the effective filing date of the claim invention, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the device of JONG et al by specifically adding feature in order to enhance system performance to prevents classification of devices that are moving independent of the user from being classified as unauthorized tracking devices following the user, since a device that is following the user will remain within a relatively constant distance from the user as taught by Patterson.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KHAWAR IQBAL whose telephone number is (571)272-7909. The examiner can normally be reached M-F.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jinsong Hu can be reached at 5712723965. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KHAWAR IQBAL/Primary Examiner, Art Unit 2643
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