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
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claims 1-20 rejected on the ground of nonstatutory double patenting as being unpatentable over Claims 1-20 of U.S. Patent No. 11,696,092, as further detailed below.
Instant Application
U.S. Patent No. 11,696,092
Claim 1: A system comprising: processing circuitry; and memory storing instructions that when executed cause the processing circuitry to:
obtain a first location estimate of a wireless device relative to a first reference coordinate system defined by a first reference device and a second location estimate of the wireless device relative to a second reference coordinate system defined by a second wireless device;
map, based on a location of the second reference device relative to a location of the first reference device, the second location estimate of the wireless device relative to the second reference coordinate system to the first reference coordinate system;
aggregate the first location estimate of the wireless device and the mapped second location estimate of the wireless device; and
determine a location of the wireless device within the first reference coordinate system based on the aggregation.
Claim 1. A method for determining a location of a wireless device, the method comprising:
obtaining a first position and a first orientation of a first wireless device;
receiving a signal from a second wireless device;
determining a second position and a second orientation of the second wireless device based on the received signal, and the first position and first orientation;
obtaining a first location estimate of a third wireless device, the first location estimate based on a signal received by the first wireless device and from the third wireless device, the first location estimate relative to a first reference coordinate system defined by the first wireless device;
obtaining a second location estimate of the third wireless device, the second location estimate based on a signal received by the second wireless device and from the third wireless device, the second location estimate relative to a second reference coordinate system defined by the second wireless device;
mapping the second location estimate of the third wireless device relative to the second reference coordinate system to the first reference coordinate system;
aggregating the first location estimate of the third wireless device and the mapped second location estimate of the third wireless device; and
determining a location of the third wireless device within the first reference coordinate system based on the aggregation.
Claim 9: A method comprising:
obtaining a first location estimate of a wireless device relative to a first reference coordinate system defined by a first reference device and a second location estimate of the wireless device relative to a second reference coordinate system defined by a second reference device;
mapping, based on a location of the second reference device relative to a location of the first reference device, the second location estimate of the wireless device relative to the second reference coordinate system to the first reference coordinate system;
aggregating the first location estimate of the wireless device and the mapped second location estimate of the wireless device; and
determining a location of the wireless device within the first reference coordinate system based on the aggregation.
Claim 7. A system for determining a location of a wireless device, the system comprising:
hardware processing circuitry; and
one or more hardware memories storing instructions that when executed configure the hardware processing circuitry to perform operations comprising:
obtaining a first position and a first orientation of a first wireless device;
receiving a signal from a second wireless device;
determining a second position and a second orientation of the second wireless device based on the received signal, and the first position and first orientation;
obtaining a first location estimate of a third wireless device, the first location estimate based on a signal received by the first wireless device and from the third wireless device, the first location estimate relative to a first reference coordinate system defined by the first wireless device;
obtaining a second location estimate of the third wireless device, the second location estimate based on a signal received by the second wireless device and from the third wireless device, the second location estimate relative to a second reference coordinate system defined by the second wireless device;
mapping the second location estimate of the third wireless device relative to the second reference coordinate system to the first reference coordinate system;
aggregating the first location estimate of the third wireless device and the mapped second location estimate of the third wireless device; and
determining a location of the third wireless device within the first reference coordinate system based on the aggregation.
Claim 16: Non-transitory computer-readable media storing instructions that when executed cause processing circuitry to:
obtain a first location estimate of a wireless device relative to a first reference coordinate system defined by a first reference device and a second location estimate of the wireless device relative to a second reference coordinate system defined by a second wireless device;
map, based on a location of the second reference device relative to a location of the first reference device, the second location estimate of the wireless device relative to the second reference coordinate system to the first reference coordinate system;
aggregating the first location estimate of the wireless device and the mapped second location estimate of the wireless device; and
determining a location of the wireless device within the first reference coordinate system based on the aggregation.
18. A non-transitory computer readable storage medium comprising instructions that when executed configure hardware processing circuitry to perform operations for determining a location of a wireless device, the operations comprising:
obtaining a first position and a first orientation of a first wireless device;
receiving a signal from a second wireless device;
determining a second position and a second orientation of the second wireless device based on the received signal, and the first position and first orientation;
obtaining a first location estimate of a third wireless device, the first location estimate based on a signal received by the first wireless device and from the third wireless device, the first location estimate relative to a first reference coordinate system defined by the first wireless device;
obtaining a second location estimate of the third wireless device, the second location estimate based on a signal received by the second wireless device and from the third wireless device, the second location estimate relative to a second reference coordinate system defined by the second wireless device;
mapping the second location estimate of the third wireless device relative to the second reference coordinate system to the first reference coordinate system;
aggregating the first location estimate of the third wireless device and the mapped second location estimate of the third wireless device; and
determining a location of the third wireless device within the first reference coordinate system based on the aggregation.
Although the conflicting claims are not identical, they are not patentably distinct from each other because the Patent claims include all the limitations of the instant application claims, respectively. The patent claims also include additional limitations. Hence, the instant application claims are generic to the species of invention covered by the respective patent claims. As such, the instant application claims are anticipated by the patent claims and are therefore not patentably distinct therefrom (See Eli Lilly and Co. v. Barr Laboratories Inc., 58 USPQ2D 1869, " a later genus claim limitation is anticipated by, and therefore not patentably distinct from, an earlier species claim", In re Goodman, 29 USPQ2d 2010, "Thus, the generic invention is 'anticipated' by the species of the patented invention" and the instant “application claims are generic to species of invention covered by the patent claim, and since without terminal disclaimer, extant species claim preclude issuance of generic application claims.
Claims 1-20 rejected on the ground of nonstatutory double patenting as being unpatentable over Claims 1-20 of U.S. Patent No. 12,052,634, as further detailed below.
Instant Application
U.S. Patent No. 15,052,634
Claim 1: A system comprising: processing circuitry; and memory storing instructions that when executed cause the processing circuitry to:
obtain a first location estimate of a wireless device relative to a first reference coordinate system defined by a first reference device and a second location estimate of the wireless device relative to a second reference coordinate system defined by a second wireless device;
map, based on a location of the second reference device relative to a location of the first reference device, the second location estimate of the wireless device relative to the second reference coordinate system to the first reference coordinate system;
aggregate the first location estimate of the wireless device and the mapped second location estimate of the wireless device; and
determine a location of the wireless device within the first reference coordinate system based on the aggregation.
1. A system for determining a location of a wireless device, the system comprising:
hardware processing circuitry; and
one or more hardware memories storing instructions that when executed configure the hardware processing circuitry to perform operations comprising:
obtaining a location of a first reference device relative to a second reference coordinate system defined by a second reference device and a location of the second reference device relative to a first reference coordinate system defined by the first reference device;
obtaining a first location estimate of a wireless device relative to a first reference coordinate system defined by the first reference device and a second location estimate of the wireless device relative to a second reference coordinate system defined by the second wireless device;
mapping the second location estimate of the wireless device relative to the second reference coordinate system to the first reference coordinate system;
aggregating the first location estimate of the wireless device and the mapped second location estimate of the wireless device; and
determining a location of the wireless device within the first reference coordinate system based on the aggregation.
Claim 9: A method comprising:
obtaining a first location estimate of a wireless device relative to a first reference coordinate system defined by a first reference device and a second location estimate of the wireless device relative to a second reference coordinate system defined by a second reference device;
mapping, based on a location of the second reference device relative to a location of the first reference device, the second location estimate of the wireless device relative to the second reference coordinate system to the first reference coordinate system;
aggregating the first location estimate of the wireless device and the mapped second location estimate of the wireless device; and
determining a location of the wireless device within the first reference coordinate system based on the aggregation.
Claim 8: A method comprising:
obtaining a location of a first reference device relative to a second reference coordinate system defined by a second reference device and a location of the second reference device relative to a first reference coordinate system defined by the first reference device;
obtaining a first location estimate of a wireless device relative to a first reference coordinate system defined by the first reference device and a second location estimate of the wireless device relative to a second reference coordinate system defined by the second reference device;
mapping the second location estimate of the wireless device relative to the second reference coordinate system to the first reference coordinate system;
aggregating the first location estimate of the wireless device and the mapped second location estimate of the wireless device; and
determining a location of the wireless device within the first reference coordinate system based on the aggregation
Claim 16: Non-transitory computer-readable media storing instructions that when executed cause processing circuitry to:
obtain a first location estimate of a wireless device relative to a first reference coordinate system defined by a first reference device and a second location estimate of the wireless device relative to a second reference coordinate system defined by a second wireless device;
map, based on a location of the second reference device relative to a location of the first reference device, the second location estimate of the wireless device relative to the second reference coordinate system to the first reference coordinate system;
aggregating the first location estimate of the wireless device and the mapped second location estimate of the wireless device; and
determining a location of the wireless device within the first reference coordinate system based on the aggregation.
Claim 15: Non-transitory computer-readable media storing instructions that when executed cause processing circuitry to perform operations comprising:
obtaining a location of a first reference device relative to a second reference coordinate system defined by a second reference device and a location of the second reference device relative to a first reference coordinate system defined by the first reference device;
obtaining a first location estimate of a wireless device relative to a first reference coordinate system defined by the first reference device and a second location estimate of the wireless device relative to a second reference coordinate system defined by the second reference device;
mapping the second location estimate of the wireless device relative to the second reference coordinate system to the first reference coordinate system;
aggregating the first location estimate of the wireless device and the mapped second location estimate of the wireless device; and
determining a location of the wireless device within the first reference coordinate system based on the aggregation.
Although the conflicting claims are not identical, they are not patentably distinct from each other because the Patent claims include all the limitations of the instant application claims, respectively. The patent claims also include additional limitations. Hence, the instant application claims are generic to the species of invention covered by the respective patent claims. As such, the instant application claims are anticipated by the patent claims and are therefore not patentably distinct therefrom (See Eli Lilly and Co. v. Barr Laboratories Inc., 58 USPQ2D 1869, " a later genus claim limitation is anticipated by, and therefore not patentably distinct from, an earlier species claim", In re Goodman, 29 USPQ2d 2010, "Thus, the generic invention is 'anticipated' by the species of the patented invention" and the instant “application claims are generic to species of invention covered by the patent claim, and since without terminal disclaimer, extant species claim preclude issuance of generic application claims”).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Shpak (US 2020/0150216) teaches storing a map of the first locations of the fixed transceivers, and finding the location coordinates includes referring the computed angles to the map in order to find the location coordinates relative to the map. In one such embodiment, the map is stored on a server, and referring the computed angles of departure to the map includes transmitting information to the server with respect to the received radio signals, and computing the location coordinates at the server using the transmitted information ([0015]);
Gullicksen et al (US 2019/0384058) teaches the technique generates offsets for different known locations and stores the offsets in a data structure that relates offsets to respective spatial coordinates. Eventually, a detailed magnetic offset map can be generated for a space, allowing calculation of yaw with accuracy across a variety of locations. In some examples, the technique further enhances accuracy by averaging multiple offset values acquired in the same locations. ([0006]).z
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARGARET G WEBB whose telephone number is (571)270-7803. The examiner can normally be reached M-F 9:00-6:00 PM.
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/MARGARET G WEBB/ Primary Examiner, Art Unit 2641