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 .
Information Disclosure Statement
The information disclosure statement submitted on 9/6/2024 has been considered by the Examiner and made of record in the application file.
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 9-15 are rejected under 35 U.S.C. 101 because the invention is directed to non-statutory subject matter. Claim 9 claims “one or more computer-readable media having computer-executable instructions”. However, the specification covers forms of both non-transitory tangible media, including transitory media, including computer-readable media that comprises computer storage media for storing information, where these memory components can store data permanently, and the computer storage media does not encompass a transitory signal ([0020], lines 4-13), which are statutory, and transitory media, including computer-readable media that comprises computer storage media for storing information, where these memory components can store data momentarily, temporarily ([0020], lines 4-12), which are non-statutory. The specification does not positively limit the computer-readable storage medium to be statutory subject matter. Therefore, claim 9 is rejected under 35 U.S.C. 101, because a claim that covers both statutory and non-statutory embodiments (under the broadest reasonable interpretation of the claim when read in light of the specification and in view of one skilled in the art) embraces subject matter that is not eligible for patent protection and therefore is directed to non-statutory subject matter. See the OG Notice titled "Subject Matter Eligibility of Computer Readable Media".
Claims 10-15 are also rejected by virtue of their dependency on claim 9.
*Note: An amendment to these claims adding “non-transitory” before “computer-readable media” will overcome this rejection.
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.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-5, 8-13, 15-20 are rejected under 35 U.S.C. 102(a1/a2) as being anticipated by Tamhanker, et al (US PG Publication 2012/0134345), hereafter Tamhanker.
Regarding claim 1, Tamhanker teaches
a method for generating a location report, the method comprising:
receiving a first location and a second location for a device in response to a communication initiated by the device
([0037] Position computation server 370 exchanges assisted GPS (AGPS) information with mobile station 350 (step 305') in order to allow the mobile station to obtain its location using signals received from GPS satellites 372
[0038] Although FIG. 3 describes the more accurate location information being based on GPS information, the more accurate location information can be obtained using triangulation and/or a hybrid of GPS and triangulation
(Location information from hybrid and AGPS));
determining that a first uncertainty value for the first location is a lower uncertainty value than a second uncertainty value of the second location
([0038] Although FIG. 3 describes the more accurate location information being based on GPS information, the more accurate location information can be obtained using triangulation and/or a hybrid of GPS and triangulation
(The hybrid location more accurate than AGPS location)); and
generating, based on the lower uncertainty value, a location report for the device that includes a vertical component from the first location
([0038] PSAP performs a location re-bid, which will be described in more detail below
[0049] When a more accurate location is desired the PSAP attendant initiates a re-bid request, which initiates the transmission of a re-bid message requesting the more accurate location (step 642). The ALI gateway sends the updated location to the PSAP (step 648). Although FIGS. 6A and 6B describe the more accurate location information being based on GPS information, the more accurate location information can be obtained using triangulation and/or a hybrid of GPS and triangulation
(The more accurate hybrid location sent to PSAP)).
Regarding claim 2, Tamhanker teaches the method of claim 1,
wherein the lower uncertainty value corresponds to a device-based hybrid (DBH) location
([0038] Although FIG. 3 describes the more accurate location information being based on GPS information, the more accurate location information can be obtained using triangulation and/or a hybrid of GPS and triangulation
(The more accurate location includes hybrid location)).
Regarding claim 3, Tamhanker teaches the method of claim 1,
wherein the lower uncertainty value is an assisted global positioning system (A-GPS) vertical uncertainty value
([0037] Position computation server 370 exchanges assisted GPS (AGPS) information with mobile station 350 (step 305') in order to allow the mobile station to obtain its location using signals received from GPS satellites 372
[0038] Although FIG. 3 describes the more accurate location information being based on GPS information, the more accurate location information can be obtained using triangulation and/or a hybrid of GPS and triangulation
(The more accurate location includes A-GPS location)).
Regarding claim 4, Tamhanker teaches the method of claim 1,
the location report including the lower uncertainty value
([0049] The ALI gateway sends the updated location to the PSAP (step 648). Although FIGS. 6A and 6B describe the more accurate location information being based on GPS information, the more accurate location information can be obtained using triangulation and/or a hybrid of GPS and triangulation
(The more accurate hybrid location sent to PSAP)).
Regarding claim 5, Tamhanker teaches the method of claim 1,
wherein the location report is an enhanced 911 (E911) location report
([0046] FIGS. 6A and 6B are exemplary call flow diagrams for an emergency call initiated by a mobile station, with re-bid to obtain more accurate location information. The call flow of FIGS. 6A-6B provides a more precise location of the mobile station. FIGS. 6A-6B provides support for E911).
Regarding claim 8, Tamhanker teaches the method of claim 1,
further comprising, sending the location report to a Public Safety Answering Point (PSAP)
([0049] The ALI gateway sends the updated location to the PSAP (step 648). Although FIGS. 6A and 6B describe the more accurate location information being based on GPS information, the more accurate location information can be obtained using triangulation and/or a hybrid of GPS and triangulation
(The more accurate hybrid location sent to PSAP)).
Regarding claim 9, Tamhanker teaches
one or more computer-readable media having computer-executable instructions embodied thereon that, when executed, perform a method comprising
([0037] Position computation server):
determining a first location using a first location methodology and a first set of wireless signals
([0037] Position computation server 370 exchanges assisted GPS (AGPS) information with mobile station 350 (step 305') in order to allow the mobile station to obtain its location using signals received from GPS satellites 372
[0038] Although FIG. 3 describes the more accurate location information being based on GPS information, the more accurate location information can be obtained using triangulation and/or a hybrid of GPS and triangulation
(Location information from AGPS));
determining a second location using a second location methodology and a second set of wireless signals, wherein the second location methodology is different than the first location methodology
([0037] Position computation server 370 exchanges assisted GPS (AGPS) information with mobile station 350 (step 305') in order to allow the mobile station to obtain its location using signals received from GPS satellites 372
[0038] Although FIG. 3 describes the more accurate location information being based on GPS information, the more accurate location information can be obtained using triangulation and/or a hybrid of GPS and triangulation
(Location information from hybrid));
determining that a first uncertainty value for the first location is a lower uncertainty value than a second uncertainty value of the second location
([0038] Although FIG. 3 describes the more accurate location information being based on GPS information, the more accurate location information can be obtained using triangulation and/or a hybrid of GPS and triangulation
(The AGPS location more accurate than hybrid location)); and
causing the generation of, based on the lower uncertainty value, a location report for a device indicating that the device is located at the first location
([0038] PSAP performs a location re-bid, which will be described in more detail below
[0049] When a more accurate location is desired the PSAP attendant initiates a re-bid request, which initiates the transmission of a re-bid message requesting the more accurate location (step 642). The ALI gateway sends the updated location to the PSAP (step 648). Although FIGS. 6A and 6B describe the more accurate location information being based on GPS information, the more accurate location information can be obtained using triangulation and/or a hybrid of GPS and triangulation
(The more accurate AGPS location sent to PSAP)).
Regarding claim 10, Tamhanker teaches the media of claim 9,
wherein the second location methodology is a device-based hybrid (DBH) positioning technology
([0037] Position computation server 370 exchanges assisted GPS (AGPS) information with mobile station 350 (step 305') in order to allow the mobile station to obtain its location using signals received from GPS satellites 372
[0038] Although FIG. 3 describes the more accurate location information being based on GPS information, the more accurate location information can be obtained using triangulation and/or a hybrid of GPS and triangulation
(Location information from hybrid)) and
the first location methodology is an assisted global positioning system (A-GPS) positioning technology
([0037] Position computation server 370 exchanges assisted GPS (AGPS) information with mobile station 350 (step 305') in order to allow the mobile station to obtain its location using signals received from GPS satellites 372
[0038] Although FIG. 3 describes the more accurate location information being based on GPS information, the more accurate location information can be obtained using triangulation and/or a hybrid of GPS and triangulation
(Location information from AGPS)).
Regarding claim 11, Tamhanker teaches the media of claim 10,
wherein determining that the first uncertainty value for the first location is the lower uncertainty value comprises comparing a DBH vertical component of the second location with a A-GPS vertical component of the first location
([0037] Mobile station to obtain its location using signals received from GPS satellites 372. Upon request by the PSAP, a data path is established between ALI services 364 and location gateway 366 to provide the geographical x, y coordinates of base station associated with the ASN GW 352 supporting mobile station 350 (step 308), which then provides this information to the selected PSAP
[0038] Although FIG. 3 describes the more accurate location information being based on GPS information, the more accurate location information can be obtained using triangulation and/or a hybrid of GPS and triangulation
(The AGPS y-coordinate location more accurate than hybrid location)).
Regarding claim 12, Tamhanker teaches the media of claim 9,
wherein the location report includes a horizontal component and a vertical component for the first location
([0037] Mobile station to obtain its location using signals received from GPS satellites 372. Upon request by the PSAP, a data path is established between ALI services 364 and location gateway 366 to provide the geographical x, y coordinates of base station associated with the ASN GW 352 supporting mobile station 350 (step 308)).
Regarding claim 13, Tamhanker teaches the media of claim 9,
wherein determining that the first uncertainty value for the first location is the lower uncertainty value comprises comparing an assisted global positioning system (A-GPS) vertical component of the second location with a device-based hybrid (DBH) vertical component of the first location
([0037] Mobile station to obtain its location using signals received from GPS satellites 372. Upon request by the PSAP, a data path is established between ALI services 364 and location gateway 366 to provide the geographical x, y coordinates of base station associated with the ASN GW 352 supporting mobile station 350 (step 308), which then provides this information to the selected PSAP
[0038] Although FIG. 3 describes the more accurate location information being based on GPS information, the more accurate location information can be obtained using triangulation and/or a hybrid of GPS and triangulation
(The hybrid y-coordinate location more accurate than AGPS location)).
Regarding claim 15, Tamhanker teaches the media of claim 9,
the first location methodology utilizes orbital information associated with a global navigation satellite
([0037] Mobile station to obtain its location using signals received from GPS satellites 372. Upon request by the PSAP, a data path is established between ALI services 364 and location gateway 366 to provide the geographical x, y coordinates of base station associated with the ASN GW 352 supporting mobile station 350 (step 308), which then provides this information to the selected PSAP
[0038] Although FIG. 3 describes the more accurate location information being based on GPS information, the more accurate location information can be obtained using triangulation and/or a hybrid of GPS and triangulation).
Regarding claim 16, Tamhanker teaches
a system for generating a location report, the system comprising:
one or more receivers configured to receive each of a first set of wireless signals and a second set of wireless signals
([0037] Position computation server 370 exchanges assisted GPS (AGPS) information with mobile station 350 (step 305') in order to allow the mobile station to obtain its location using signals received from GPS satellites 372
[0038] Although FIG. 3 describes the more accurate location information being based on GPS information, the more accurate location information can be obtained using triangulation and/or a hybrid of GPS and triangulation
(Position computation server receives location information signals from hybrid and AGPS); and
one or more processors configured to execute operations comprising:
determining a first location using a first location methodology and the first set of wireless signals
([0037] Position computation server 370 exchanges assisted GPS (AGPS) information with mobile station 350 (step 305') in order to allow the mobile station to obtain its location using signals received from GPS satellites 372
[0038] Although FIG. 3 describes the more accurate location information being based on GPS information, the more accurate location information can be obtained using triangulation and/or a hybrid of GPS and triangulation
(Location information from hybrid));
determining a second location using a second location methodology and the second set of wireless signals, wherein the second location methodology is different than the first location methodology
([0037] Position computation server 370 exchanges assisted GPS (AGPS) information with mobile station 350 (step 305') in order to allow the mobile station to obtain its location using signals received from GPS satellites 372
[0038] Although FIG. 3 describes the more accurate location information being based on GPS information, the more accurate location information can be obtained using triangulation and/or a hybrid of GPS and triangulation
(Location information from AGPS));
determining that a first uncertainty value for the first location is a lower uncertainty value than a second uncertainty value of the second location
([0038] Although FIG. 3 describes the more accurate location information being based on GPS information, the more accurate location information can be obtained using triangulation and/or a hybrid of GPS and triangulation
(The hybrid location more accurate than AGPS location)); and
generating, based on the lower uncertainty value, a location report for a device indicating that the device is located at the first location
([0038] PSAP performs a location re-bid, which will be described in more detail below
[0049] When a more accurate location is desired the PSAP attendant initiates a re-bid request, which initiates the transmission of a re-bid message requesting the more accurate location (step 642). The ALI gateway sends the updated location to the PSAP (step 648). Although FIGS. 6A and 6B describe the more accurate location information being based on GPS information, the more accurate location information can be obtained using triangulation and/or a hybrid of GPS and triangulation
(The more accurate hybrid location sent to PSAP)).
Regarding claim 17, Tamhanker teaches the system of claim 16,
wherein the first location methodology is a device-based hybrid (DBH) positioning technology
([0037] Position computation server 370 exchanges assisted GPS (AGPS) information with mobile station 350 (step 305') in order to allow the mobile station to obtain its location using signals received from GPS satellites 372
[0038] Although FIG. 3 describes the more accurate location information being based on GPS information, the more accurate location information can be obtained using triangulation and/or a hybrid of GPS and triangulation
(Location information from hybrid)) and
the second location methodology is an assisted global positioning system (A-GPS) positioning technology
([0037] Position computation server 370 exchanges assisted GPS (AGPS) information with mobile station 350 (step 305') in order to allow the mobile station to obtain its location using signals received from GPS satellites 372
[0038] Although FIG. 3 describes the more accurate location information being based on GPS information, the more accurate location information can be obtained using triangulation and/or a hybrid of GPS and triangulation
(Location information from AGPS)).
Regarding claim 18, Tamhanker teaches the system of claim 16,
wherein the lower uncertainty value is a horizontal location uncertainty
([0037] Mobile station to obtain its location using signals received from GPS satellites 372. Upon request by the PSAP, a data path is established between ALI services 364 and location gateway 366 to provide the geographical x, y coordinates of base station associated with the ASN GW 352 supporting mobile station 350 (step 308), which then provides this information to the selected PSAP
[0038] Although FIG. 3 describes the more accurate location information being based on GPS information, the more accurate location information can be obtained using triangulation and/or a hybrid of GPS and triangulation
(The hybrid x-coordinate location more accurate than AGPS location)).
Regarding claim 19, Tamhanker teaches the system of claim 16,
wherein the location report includes the lower uncertainty value
([0049] The ALI gateway sends the updated location to the PSAP (step 648). Although FIGS. 6A and 6B describe the more accurate location information being based on GPS information, the more accurate location information can be obtained using triangulation and/or a hybrid of GPS and triangulation
(The more accurate hybrid location sent to PSAP)).
Regarding claim 20, Tamhanker teaches the system of claim 16,
wherein the lower uncertainty value is a vertical location uncertainty
([0037] Mobile station to obtain its location using signals received from GPS satellites 372. Upon request by the PSAP, a data path is established between ALI services 364 and location gateway 366 to provide the geographical x, y coordinates of base station associated with the ASN GW 352 supporting mobile station 350 (step 308), which then provides this information to the selected PSAP
[0038] Although FIG. 3 describes the more accurate location information being based on GPS information, the more accurate location information can be obtained using triangulation and/or a hybrid of GPS and triangulation
(The hybrid y-coordinate location more accurate than AGPS location)).
Claim Rejections - 35 USC § 103
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.
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.
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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 6 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Tamhanker, in view of Smith, et al (US PG Publication 2017/0164318), hereafter Smith.
Regarding claim 6, Tamhanker teaches the method of claim 1.
Tamhanker does not teach
wherein the vertical component from the first location is an altitude value.
In the same field of endeavor, Smith teaches
Smith teaches
wherein the vertical component from the first location is an altitude value
([0373] The fixed infrastructure device/trilateration component 3414 may use the received input data to perform trilateration operations, determine the geographical coordinates (e.g., latitude, longitude, and altitude coordinates) of the mobile device, generate an updated final position set (e.g., x, y and z coordinates, an updated position estimate value, more precise information, etc.)).
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 invention of Tamhanker, which includes determining a location based on accuracy, to include Smith’s teaching of determining a location based on accuracy, for the benefit of computing more precise location information based on the location information collected from the plurality of wireless devices, the more precise location information including three-dimensional location information, and using the generated location information to provide a location based service (see [0009]).
Regarding claim 7, Tamhanker teaches the method of claim 1.
Tamhanker does not teach
wherein the communication is an emergency attach request.
In the same field of endeavor, Smith teaches
wherein the communication is an emergency attach request
([0421] FIG. 40 depicts a typical eNodeB 404 with a 2×2 MIMO configuration having a UE 120 attached to it. If the UE 120 has altitude to report as part of its location information then the eNodeB 404 or the network location service with the AoA information can better trilaterate the eNodeB's 404 position with the aid of the UE 120 that is attached to it. Additionally the UE 120 will also be able to obtain a better position estimate of the eNodeB 404 with the eNodeB 404 providing a better altitude calculation).
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 invention of Tamhanker, which includes determining a location based on accuracy, to include Smith’s teaching of determining a location based on accuracy, for the benefit of computing more precise location information based on the location information collected from the plurality of wireless devices, the more precise location information including three-dimensional location information, and using the generated location information to provide a location based service (see [0009]).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Tamhanker, in view of Horelik, et al (US PG Publication 2019/0253861), hereafter Horelik.
Regarding claim 14, Tamhanker teaches the media of claim 9.
Tamhanker does not teach
wherein the first location methodology comprises crowd-sourced Wi-Fi measurements.
In the same field of endeavor, Horelik teaches
wherein the first location methodology comprises crowd-sourced Wi-Fi measurements
([0044] The present disclosure leverages recent technological advancements to generate accurate locations for emergency communications such as, for example, GPS, Wi-Fi, and Bluetooth that are usable for generating device-based hybrid locations. Device-based hybrid locations can be generated using a variety of crowdsourced and proprietary databases that device operating systems providers are running to enhance location technology).
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 invention of Tamhanker, which includes determining a location based on accuracy, to include Smith’s teaching of determining a location based on accuracy, for the benefit of enhancing location technology, so locations can be quickly generated during emergency calls and emergency service providers are able to more efficiently find and aid persons implicated in emergency situations (see [0044]).
Conclusion
Citation of Pertinent Prior Art not Applied
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Mitchell, et al (US PG Publication 2018/0220275), hereafter Mitchell, teaches
providing supplemental location information for an emergency services call.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Examiner Frank Donado whose telephone number is (571) 270-5361. The examiner can normally be reached Mondays through Fridays between 8 am and 4 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s Supervisor Patent Examiner (SPE) Charles Appiah can be reached at 571-272-7904. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/FRANK E DONADO/Examiner, Art Unit 2641
/CHARLES N APPIAH/Supervisory Patent Examiner, Art Unit 2641
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