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 .
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 1-6, 10-22, 26-30, 33-38, 42-46 and 49 are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims of prior U.S. Patent No. 12474168. This is a statutory double patenting rejection.
Instant application # 18/795375
Patent # 12474168
1. A method comprising: by an electronic device, accessing a first series of first magnetic values that represents a first magnetic recording that comprises a first set of first magnetic measurements that are each represented by one of the first magnetic values; by an electronic device, accessing a second series of second magnetic values that represents a second magnetic recording that comprises a second set of second magnetic measurements that are each represented by one of the second magnetic values; by an electronic device, approximately aligning the first and second series with each other; by an electronic device, calculating a difference between the first and second series as aligned with each other; and by an electronic device, determining a similarity between the first and second series based on the difference.
2. The method of Claim 1, wherein the first set is a first time series and the second set is a second time series. 3. The method of Claim 1, wherein the first set is a first distance series and the second set is a second distance series.
4. The method of Claim 1, wherein the difference comprises a sum of one or more Euclidean distances, dynamic time warping (DTW) distances, or Fréchet distances between corresponding first and second magnetic values.
5. The method of Claim 1, wherein determining the similarity between the first and second series based on the difference comprises: comparing the difference with a predetermined threshold; and determining that the first and second series are similar to each other when the difference is approximately less than the predetermined threshold
6. The method of Claim 5, further comprising authenticating a user or a device associated with the first magnetic recording when the first and second series are determined to be similar to each other.
10. The method of Claim 1, wherein the first and second magnetic measurements comprise one or more of a total value of a magnetic field, an inclination angle of the magnetic field, a declination angle of the magnetic field, an x component of the magnetic field, a y component of the magnetic field, or a z component of the magnetic field or a magnetic-susceptibility or magnetic-conductivity value.
11. The method of Claim 1, wherein: each of the first and second magnetic measurements comprises a plurality of magnetic components; and each of the first and second magnetic values is a square root of a sum of squares of the magnetic components of the first or second magnetic measurement represented by the first or second magnetic value.
12. The method of Claim 1, wherein approximately aligning the first and second series with each other comprises spline interpolation of the first and second series to produce a same number of elements in the first and second series.
13. The method of Claim 1, wherein approximately aligning the first and second series with each other comprises centering the first and second series by subtracting a first average of the first magnetic values from each of the first magnetic values and subtracting a second average of the second magnetic values from each of the second magnetic values.
14. The method of Claim 1, wherein approximately aligning the first and second series with each other comprises scaling the first and second series by dividing each of the first magnetic values by a first weighted average of the first magnetic values and dividing each of the second magnetic values by a second weighted average of the second magnetic values.
15. The method of Claim 1, wherein the first series of first magnetic values and the second series of second magnetic values were generated by the electronic device.
16. The method of Claim 1, wherein the first series of first magnetic values and the second series of second magnetic values were generated by another electronic device.
17. One or more computer-readable non-transitory storage media embodying software that is operable when executed to: access a first series of first magnetic values that represents a first magnetic recording that comprises a first set of first magnetic measurements, wherein each of the first magnetic values represents one of the first magnetic measurements; access a second series of second magnetic values that represents a second magnetic recording that comprises a second set of second magnetic measurements, wherein each of the second magnetic values represents one of the second magnetic measurements; approximately align the first and second series with each other; calculate a difference between the first and second series as aligned with each other; and determine a similarity between the first and second series based on the difference.
18. The media of Claim 17, wherein the first set is a first time series and the second set is a second time series. 19. The media of Claim 17, wherein the first set is a first distance series and the second set is a second distance series.
20. The media of Claim 17, wherein the difference comprises a sum of one or more Euclidean distances, dynamic time warping (DTW) distances, or Fréchet distances between corresponding first and second magnetic values.
21. The media of Claim 17, wherein determining the similarity between the first and second series based on the difference comprises: comparing the difference with a predetermined threshold; and determining that the first and second series are similar to each other when the difference is approximately less than the predetermined threshold.
22. the software is further operable when executed to authenticate a user or a device associated with the first magnetic recording when the first and second series are determined to be similar to each other.
26. The media of Claim 17, wherein the first and second magnetic measurements comprise measurements of one or more of magnetic susceptibility, magnetic conductivity, magnetic-field strength, magnetic-field inclination angle, or magnetic-field declination angle.
27. The media of Claim 17, wherein: each of the first and second magnetic measurements comprises a plurality of magnetic components; and each of the first and second magnetic values is a square root of a sum of squares of the magnetic components of the first or second magnetic measurement represented by the first or second magnetic value.
28. The media of Claim 17, wherein approximately aligning the first and second series with each other comprises spline interpolation of the first and second series to produce a same number of elements in the first and second series.
29. The media of Claim 17, wherein approximately aligning the first and second series with each other comprises centering the first and second series by subtracting a first average of the first magnetic values from each of the first magnetic values and subtracting a second average of the second magnetic values from each of the second magnetic values.
30. The media of Claim 17, wherein approximately aligning the first and second series with each other comprises scaling the first and second series by dividing each of the first magnetic values by a first weighted average of the first magnetic values and dividing each of the second magnetic values by a second weighted average of the second magnetic values.
33. A system comprising: one or more processors; and one or more computer-readable non-transitory storage media coupled to one or more of the processors and comprising instructions operable when executed by one or more of the processors to cause the system to: access a first series of first magnetic values that represents a first magnetic recording that comprises a first set of first magnetic measurements, wherein each of the first magnetic values represents one of the first magnetic measurements; access a second series of second magnetic values that represents a second magnetic recording that comprises a second set of second magnetic measurements, wherein each of the second magnetic values represents one of the second magnetic measurements; approximately align the first and second series with each other; calculate a difference between the first and second series as aligned with each other; and determine a similarity between the first and second series based on the difference.
34. The system of Claim 33, wherein the first set is a first time series and the second set is a second time series.35. The system of Claim 33, wherein the first set is a first distance series and the second set is a second distance series.
36. The system of Claim 33, wherein the difference comprises a sum of one or more Euclidean distances, dynamic time warping (DTW) distances, or Fréchet distances between corresponding first and second magnetic values.
37. The system of Claim 33, wherein determining the similarity between the first and second series based on the difference comprises: comparing the difference with a predetermined threshold; and determining that the first and second series are similar to each other when the difference is approximately less than the predetermined threshold. 38. The system of Claim 37, wherein the instructions are further operable when executed to authenticate a user or a device associated with the first magnetic recording when the first and second series are determined to be similar to each other.
42. The system of Claim 33, wherein the first and second magnetic measurements comprise measurements of one or more of magnetic susceptibility, magnetic conductivity, magnetic-field strength, magnetic-field inclination angle, or magnetic-field declination angle.
43. The system of Claim 33, wherein: each of the first and second magnetic measurements comprises a plurality of magnetic components; and each of the first and second magnetic values is a square root of a sum of squares of the magnetic components of the first or second magnetic measurement represented by the first or second magnetic value.
44. The system of Claim 33, wherein approximately aligning the first and second series with each other comprises spline interpolation of the first and second series to produce a same number of elements in the first and second series.
45. The system of Claim 33, wherein approximately aligning the first and second series with each other comprises centering the first and second series by subtracting a first average of the first magnetic values from each of the first magnetic values and subtracting a second average of the second magnetic values from each of the second magnetic values.
46. The system of Claim 33, wherein approximately aligning the first and second series with each other comprises scaling the first and second series by dividing each of the first magnetic values by a first weighted average of the first magnetic values and dividing each of the second magnetic values by a second weighted average of the second magnetic values.
49. A system comprising: means for accessing a first series of first magnetic values that represents a first magnetic recording that comprises a first set of first magnetic measurements, wherein each of the first magnetic values represents one of the first magnetic measurements; means for accessing a second series of second magnetic values that represents a second magnetic recording that comprises a second set of second magnetic measurements, wherein each of the second magnetic values represents one of the second magnetic measurements; means for approximately aligning the first and second series with each other; means for calculating a difference between the first and second series as aligned with each other; and means for determining a similarity between the first and second series based on the difference.
1. A method comprising: by an electronic device, accessing a first series of first magnetic values that represents a first magnetic recording that comprises a first set of first magnetic measurements that are each represented by one of the first magnetic values; by an electronic device, accessing a second series of second magnetic values that represents a second magnetic recording that comprises a second set of second magnetic measurements that are each represented by one of the second magnetic values; by an electronic device, approximately aligning the first and second series with each other; by an electronic device, calculating a difference between the first and second series as aligned with each other; and by an electronic device, determining a similarity between the first and second series based on the difference.
2. The method of claim 1, wherein: the first set is a first time series and the second set is a second time series; or the first set is a first distance series and the second set is a second distance series.
3. The method of claim 1, wherein the difference comprises a sum of one or more Euclidean distances, dynamic time warping (DTW) distances, or Fréchet distances between corresponding first and second magnetic values.
4. The method of claim 1, wherein: determining the similarity between the first and second series based on the difference comprises: comparing the difference with a predetermined threshold; and determining that the first and second series are similar to each other when the difference is less than the predetermined threshold; and the method further comprises authenticating a user or a device associated with the first magnetic recording when the first and second series are determined to be similar to each other.
5. The method of claim 1, wherein the first and second magnetic measurements comprise one or more of a total value of a magnetic field, an inclination angle of the magnetic field, a declination angle of the magnetic field, an x component of the magnetic field, a y component of the magnetic field, or a z component of the magnetic field or a magnetic-susceptibility or magnetic-conductivity value.
6. The method of claim 1, wherein: each of the first and second magnetic measurements comprises a plurality of magnetic components; and each of the first and second magnetic values is a square root of a sum of squares of the magnetic components of the first or second magnetic measurement represented by the first or second magnetic value.
7. The method of claim 1, wherein approximately aligning the first and second series with each other comprises spline interpolation of the first and second series to produce a same number of elements in the first and second series.
8. The method of claim 1, wherein approximately aligning the first and second series with each other comprises centering the first and second series by subtracting a first average of the first magnetic values from each of the first magnetic values and subtracting a second average of the second magnetic values from each of the second magnetic values.
9. The method of claim 1, wherein approximately aligning the first and second series with each other comprises scaling the first and second series by dividing each of the first magnetic values by a first weighted average of the first magnetic values and dividing each of the second magnetic values by a second weighted average of the second magnetic values.
10. The method of claim 1, wherein the first series of first magnetic values and the second series of second magnetic values were generated by the electronic device.
11. The method of claim 1, wherein the first series of first magnetic values and the second series of second magnetic values were generated by another electronic device.
12. One or more computer-readable non-transitory storage media embodying software that is operable when executed to: access a first series of first magnetic values that represents a first magnetic recording that comprises a first set of first magnetic measurements, wherein each of the first magnetic values represents one of the first magnetic measurements; access a second series of second magnetic values that represents a second magnetic recording that comprises a second set of second magnetic measurements, wherein each of the second magnetic values represents one of the second magnetic measurements; approximately align the first and second series with each other; calculate a difference between the first and second series as aligned with each other; and determine a similarity between the first and second series based on the difference.
13. The media of claim 12, wherein: the first set is a first time series and the second set is a second time series; or the first set is a first distance series and the second set is a second distance series.
14. The media of claim 12, wherein the difference comprises a sum of one or more Euclidean distances, dynamic time warping (DTW) distances, or Fréchet distances between corresponding first and second magnetic values.
15. The media of claim 12, wherein: determining the similarity between the first and second series based on the difference comprises: comparing the difference with a predetermined threshold; and determining that the first and second series are similar to each other when the difference is less than the predetermined threshold; and
the software is further operable when executed to authenticate a user or a device associated with the first magnetic recording when the first and second series are determined to be similar to each other.
16. The media of claim 12, wherein the first and second magnetic measurements comprise measurements of one or more of magnetic susceptibility, magnetic conductivity, magnetic-field strength, magnetic-field inclination angle, or magnetic-field declination angle.
17. The media of claim 12, wherein: each of the first and second magnetic measurements comprises a plurality of magnetic components; and each of the first and second magnetic values is a square root of a sum of squares of the magnetic components of the first or second magnetic measurement represented by the first or second magnetic value.
18. The media of claim 12, wherein approximately aligning the first and second series with each other comprises spline interpolation of the first and second series to produce a same number of elements in the first and second series.
19. The media of claim 12, wherein approximately aligning the first and second series with each other comprises centering the first and second series by subtracting a first average of the first magnetic values from each of the first magnetic values and subtracting a second average of the second magnetic values from each of the second magnetic values.
20. The media of claim 12, wherein approximately aligning the first and second series with each other comprises scaling the first and second series by dividing each of the first magnetic values by a first weighted average of the first magnetic values and dividing each of the second magnetic values by a second weighted average of the second magnetic values.
21. A system comprising: one or more processors; and one or more computer-readable non-transitory storage media coupled to one or more of the processors and comprising instructions operable when executed by one or more of the processors to cause the system to: access a first series of first magnetic values that represents a first magnetic recording that comprises a first set of first magnetic measurements, wherein each of the first magnetic values represents one of the first magnetic measurements; access a second series of second magnetic values that represents a second magnetic recording that comprises a second set of second magnetic measurements, wherein each of the second magnetic values represents one of the second magnetic measurements; approximately align the first and second series with each other; calculate a difference between the first and second series as aligned with each other; and determine a similarity between the first and second series based on the difference.
22. The system of claim 21, wherein: the first set is a first time series and the second set is a second time series; or the first set is a first distance series and the second set is a second distance series.
23. The system of claim 21, wherein the difference comprises a sum of one or more Euclidean distances, dynamic time warping (DTW) distances, or Fréchet distances between corresponding first and second magnetic values.
24. The system of claim 21, wherein: determining the similarity between the first and second series based on the difference comprises: comparing the difference with a predetermined threshold; and determining that the first and second series are similar to each other when the difference is less than the predetermined threshold; and the instructions are further operable when executed to authenticate a user or a device associated with the first magnetic recording when the first and second series are determined to be similar to each other.
25. The system of claim 21, wherein the first and second magnetic measurements comprise measurements of one or more of magnetic susceptibility, magnetic conductivity, magnetic-field strength, magnetic-field inclination angle, or magnetic-field declination angle.
26. The system of claim 21, wherein: each of the first and second magnetic measurements comprises a plurality of magnetic components; and each of the first and second magnetic values is a square root of a sum of squares of the magnetic components of the first or second magnetic measurement represented by the first or second magnetic value.
27. The system of claim 21, wherein approximately aligning the first and second series with each other comprises spline interpolation of the first and second series to produce a same number of elements in the first and second series.
28. The system of claim 21, wherein approximately aligning the first and second series with each other comprises centering the first and second series by subtracting a first average of the first magnetic values from each of the first magnetic values and subtracting a second average of the second magnetic values from each of the second magnetic values.
29. The system of claim 21, wherein approximately aligning the first and second series with each other comprises scaling the first and second series by dividing each of the first magnetic values by a first weighted average of the first magnetic values and dividing each of the second magnetic values by a second weighted average of the second magnetic values.
30. A system comprising: means for accessing a first series of first magnetic values that represents a first magnetic recording that comprises a first set of first magnetic measurements, wherein each of the first magnetic values represents one of the first magnetic measurements; means for accessing a second series of second magnetic values that represents a second magnetic recording that comprises a second set of second magnetic measurements, wherein each of the second magnetic values represents one of the second magnetic measurements; means for approximately aligning the first and second series with each other; means for calculating a difference between the first and second series as aligned with each other; and means for determining a similarity between the first and second series based on the difference.
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).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-5, 10-21, 26-37 and 42-49 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims of co-pending Application No. 19/364904. Although the claims at issue are not identical, they are not patentably distinct from each other.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Instant application # 18/795375
Co-pending app # 19/364904
1. A method comprising: by an electronic device, accessing a first series of first magnetic values that represents a first magnetic recording that comprises a first set of first magnetic measurements that are each represented by one of the first magnetic values; by an electronic device, accessing a second series of second magnetic values that represents a second magnetic recording that comprises a second set of second magnetic measurements that are each represented by one of the second magnetic values; by an electronic device, approximately aligning the first and second series with each other; by an electronic device, calculating a difference between the first and second series as aligned with each other; and by an electronic device, determining a similarity between the first and second series based on the difference.
2. The method of Claim 1, wherein the first set is a first time series and the second set is a second time series.3. The method of Claim 1, wherein the first set is a first distance series and the second set is a second distance series.
4. The method of Claim 1, wherein the difference comprises a sum of one or more Euclidean distances, dynamic time warping (DTW) distances, or Fréchet distances between corresponding first and second magnetic values.
5. The method of Claim 1, wherein determining the similarity between the first and second series based on the difference comprises: comparing the difference with a predetermined threshold; and determining that the first and second series are similar to each other when the difference is approximately less than the predetermined threshold.
10. The method of Claim 1, wherein the first and second magnetic measurements comprise one or more of a total value of a magnetic field, an inclination angle of the magnetic field, a declination angle of the magnetic field, an x component of the magnetic field, a y component of the magnetic field, or a z component of the magnetic field or a magnetic-susceptibility or magnetic-conductivity value.
11. The method of Claim 1, wherein: each of the first and second magnetic measurements comprises a plurality of magnetic components; and each of the first and second magnetic values is a square root of a sum of squares of the magnetic components of the first or second magnetic measurement represented by the first or second magnetic value.
12. The method of Claim 1, wherein approximately aligning the first and second series with each other comprises spline interpolation of the first and second series to produce a same number of elements in the first and second series.
13. The method of Claim 1, wherein approximately aligning the first and second series with each other comprises centering the first and second series by subtracting a first average of the first magnetic values from each of the first magnetic values and subtracting a second average of the second magnetic values from each of the second magnetic values. 14. The method of Claim 1, wherein approximately aligning the first and second series with each other comprises scaling the first and second series by dividing each of the first magnetic values by a first weighted average of the first magnetic values and dividing each of the second magnetic values by a second weighted average of the second magnetic values.
15. The method of Claim 1, wherein the first series of first magnetic values and the second series of second magnetic values were generated by the electronic device.
16. The method of Claim 1, wherein the first series of first magnetic values and the second series of second magnetic values were generated by another electronic device.
17. One or more computer-readable non-transitory storage media embodying software that is operable when executed to: access a first series of first magnetic values that represents a first magnetic recording that comprises a first set of first magnetic measurements, wherein each of the first magnetic values represents one of the first magnetic measurements; access a second series of second magnetic values that represents a second magnetic recording that comprises a second set of second magnetic measurements, wherein each of the second magnetic values represents one of the second magnetic measurements; approximately align the first and second series with each other; calculate a difference between the first and second series as aligned with each other; and determine a similarity between the first and second series based on the difference.
18. The media of Claim 17, wherein the first set is a first time series and the second set is a second time series. 19. The media of Claim 17, wherein the first set is a first distance series and the second set is a second distance series.
20. The media of Claim 17, wherein the difference comprises a sum of one or more Euclidean distances, dynamic time warping (DTW) distances, or Fréchet distances between corresponding first and second magnetic values.
21. The media of Claim 17, wherein determining the similarity between the first and second series based on the difference comprises: comparing the difference with a predetermined threshold; and determining that the first and second series are similar to each other when the difference is approximately less than the predetermined threshold.
26. The media of Claim 17, wherein the first and second magnetic measurements comprise measurements of one or more of magnetic susceptibility, magnetic conductivity, magnetic-field strength, magnetic-field inclination angle, or magnetic-field declination angle.
27. The media of Claim 17, wherein: each of the first and second magnetic measurements comprises a plurality of magnetic components; and each of the first and second magnetic values is a square root of a sum of squares of the magnetic components of the first or second magnetic measurement represented by the first or second magnetic value.
28. The media of Claim 17, wherein approximately aligning the first and second series with each other comprises spline interpolation of the first and second series to produce a same number of elements in the first and second series. 19. The media of Claim 17, wherein approximately aligning the first and second series with each other comprises centering the first and second series by subtracting a first average of the first magnetic values from each of the first magnetic values and subtracting a second average of the second magnetic values from each of the second magnetic values. 30. The media of Claim 17, wherein approximately aligning the first and second series with each other comprises scaling the first and second series by dividing each of the first magnetic values by a first weighted average of the first magnetic values and dividing each of the second magnetic values by a second weighted average of the second magnetic values.
31. The media of Claim 17, wherein the first series of first magnetic values and the second series of second magnetic values were generated by an electronic device comprising one or more of the media. 32. The media of Claim 17, wherein: a first electronic device comprises the media; and the first series of first magnetic values and the second series of second magnetic values were generated by a second electronic device.
33. A system comprising: one or more processors; and one or more computer-readable non-transitory storage media coupled to one or more of the processors and comprising instructions operable when executed by one or more of the processors to cause the system to: access a first series of first magnetic values that represents a first magnetic recording that comprises a first set of first magnetic measurements, wherein each of the first magnetic values represents one of the first magnetic measurements; access a second series of second magnetic values that represents a second magnetic recording that comprises a second set of second magnetic measurements, wherein each of the second magnetic values represents one of the second magnetic measurements; approximately align the first and second series with each other; calculate a difference between the first and second series as aligned with each other; and determine a similarity between the first and second series based on the difference.
34. The system of Claim 33, wherein the first set is a first time series and the second set is a second time series. 35. The system of Claim 33, wherein the first set is a first distance series and the second set is a second distance series.
36. The system of Claim 33, wherein the difference comprises a sum of one or more Euclidean distances, dynamic time warping (DTW) distances, or Fréchet distances between corresponding first and second magnetic values.
37. The system of Claim 33, wherein determining the similarity between the first and second series based on the difference comprises: comparing the difference with a predetermined threshold; and determining that the first and second series are similar to each other when the difference is approximately less than the predetermined threshold.
42. The system of Claim 33, wherein the first and second magnetic measurements comprise measurements of one or more of magnetic susceptibility, magnetic conductivity, magnetic-field strength, magnetic-field inclination angle, or magnetic-field declination angle. 43. The system of Claim 33, wherein: each of the first and second magnetic measurements comprises a plurality of magnetic components; and each of the first and second magnetic values is a square root of a sum of squares of the magnetic components of the first or second magnetic measurement represented by the first or second magnetic value.
44. The system of Claim 33, wherein approximately aligning the first and second series with each other comprises spline interpolation of the first and second series to produce a same number of elements in the first and second series.
45. The system of Claim 33, wherein approximately aligning the first and second series with each other comprises centering the first and second series by subtracting a first average of the first magnetic values from each of the first magnetic values and subtracting a second average of the second magnetic values from each of the second magnetic values. 46. The system of Claim 33, wherein approximately aligning the first and second series with each other comprises scaling the first and second series by dividing each of the first magnetic values by a first weighted average of the first magnetic values and dividing each of the second magnetic values by a second weighted average of the second magnetic values. 47. The system of Claim 33, wherein the first series of first magnetic values and the second series of second magnetic values were generated by the system.
48. The system of Claim 33, wherein the first series of first magnetic values and the second series of second magnetic values were generated by another system
49. A system comprising: means for accessing a first series of first magnetic values that represents a first magnetic recording that comprises a first set of first magnetic measurements, wherein each of the first magnetic values represents one of the first magnetic measurements; means for accessing a second series of second magnetic values that represents a second magnetic recording that comprises a second set of second magnetic measurements, wherein each of the second magnetic values represents one of the second magnetic measurements; means for approximately aligning the first and second series with each other; means for calculating a difference between the first and second series as aligned with each other; and means for determining a similarity between the first and second series based on the difference.
1. (Original) A method comprising: by an electronic device, accessing a first series of first magnetic values that represents a first magnetic recording that comprises a first set of first magnetic measurements that are each represented by one of the first magnetic values; by the electronic device, accessing a second series of second magnetic values that represents a second magnetic recording that comprises a second set of second magnetic measurements that are each represented by one of the second magnetic values; by the electronic device, approximately aligning the first and second series with each other; by the electronic device, calculating a difference between the first and second series as aligned with each other; by the electronic device, determining a similarity between the first and second series based on the difference; and by the electronic device, performing navigation or localization based on the determined similarity.
2. (Original) The method of Claim 1, wherein: the first set is a first time series and the second set is a second time series; or the first set is a first distance series and the second set is a second distance series.
3. (Original) The method of Claim 1, wherein the difference comprises a sum of one or more Euclidean distances, dynamic time warping (DTW) distances, or Frdchet distances between corresponding first and second magnetic values.
4. (Currently Amended) The method of Claim 1, wherein determining the similarity between the first and second series based on the difference comprises: comparing the difference with a predetermined threshold; and determining that the first and second series are similar to each other when the difference is approximately less than the predetermined threshold.
5. (Currently Amended) The method of Claim 1, wherein the first and second magnetic measurements comprise one or more of a total value of a magnetic field, an inclination angle of the magnetic field, a declination angle of the magnetic field, an x component of the magnetic field, a y component of the magnetic field, or-a z component of the magnetic field, a magnetic- susceptibility value, or a magnetic-conductivity value.
6. (Original) The method of Claim 1, wherein: each of the first and second magnetic measurements comprises a plurality of magnetic components; and each of the first and second magnetic values is a square root of a sum of squares of the magnetic components of the first or second magnetic measurement represented by the first or second magnetic value.
7. (Currently Amended) The method of Claim 1, wherein approximately aligning the first and second series with each other comprises: spline interpolation of the first and second series to produce a-same-an equal number of elements in the first and second series; centering the first and second series by subtracting a first average of the first magnetic values from each of the first magnetic values and subtracting a second average of the second magnetic values from each of the second magnetic values; or scaling the first and second series by dividing each of the first magnetic values by a first weighted average of the first magnetic values and dividing each of the second magnetic values by a second weighted average of the second magnetic values.8. (Original) The method of Claim 1, wherein: the first series of first magnetic values and the second series of second magnetic values were generated by the electronic device; the first series of first magnetic values and the second series of second magnetic values were generated by another electronic device; the first series of first magnetic values was generated by the electronic device and the second series of second magnetic values was generated by the other electronic device; or the first series of first magnetic values was generated by the other electronic device and the second series of second magnetic values was generated by the electronic device.
11. (Original) One or more computer-readable non-transitory storage media embodying software that is operable when executed to: access a first series of first magnetic values that represents a first magnetic recording that comprises a first set of first magnetic measurements that are each represented by one of the first magnetic values; access a second series of second magnetic values that represents a second magnetic recording that comprises a second set of second magnetic measurements that are each represented by one of the second magnetic values; approximately align the first and second series with each other; calculate a difference between the first and second series as aligned with each other; determine a similarity between the first and second series based on the difference; and Patent Application No. 19/364,904 perform navigation or localization based on the determined similarity.
12. (Original) The media of Claim 11, wherein: the first set is a first time series and the second set is a second time series; or the first set is a first distance series and the second set is a second distance series.
13. (Original) The media of Claim 11, wherein the difference comprises a sum of one or more Euclidean distances, dynamic time warping (DTW) distances, or Frdchet distances between corresponding first and second magnetic values.
14. (Currently Amended) The media of Claim 11, wherein, to determine the similarity between the first and second series based on the difference, the software is operable when executed to: compare the difference with a predetermined threshold; and determine that the first and second series are similar to each other when the difference is approximately less than the predetermined threshold.
15. (Currently Amended) The media of Claim 11, wherein the first and second magnetic measurements comprise one or more of a total value of a magnetic field, an inclination angle of the magnetic field, a declination angle of the magnetic field, an x component of the magnetic field, a y component of the magnetic field, or-a z component of the magnetic field or-field, a magnetic- susceptibility value, or a magnetic-conductivity value.
16. (Original) The media of Claim 11, wherein: each of the first and second magnetic measurements comprises a plurality of magnetic components; and each of the first and second magnetic values is a square root of a sum of squares of the magnetic components of the first or second magnetic measurement represented by the first or second magnetic value.
17. (Currently Amended) The media of Claim 11, wherein, to approximately align the first and second series with each other, the software is operable to: perform spline interpolation of the first and second series to produce a-same an equal number of elements in the first and second series; center the first and second series by subtracting a first average of the first magnetic values from each of the first magnetic values and subtracting a second average of the second magnetic values from each of the second magnetic values; or scale the first and second series by dividing each of the first magnetic values by a first weighted average of the first magnetic values and dividing each of the second magnetic values by a second weighted average of the second magnetic values.
18. (Original) The media of Claim 11, wherein: the first series of first magnetic values and the second series of second magnetic values were generated by a first device comprising the media; the first series of first magnetic values and the second series of second magnetic values were generated by a second device; the first series of first magnetic values was generated by the first device and the second series of second magnetic values was generated by the second device; or the first series of first magnetic values was generated by the second device and the second series of second magnetic values was generated by the first device.
21. (Original) A system comprising: one or more processors; and one or more computer-readable non-transitory storage media coupled to one or more of the processors and comprising instructions operable when executed by one or more of the processors to cause the system to: access a first series of first magnetic values that represents a first magnetic recording that comprises a first set of first magnetic measurements that are each represented by one of the first magnetic values; access a second series of second magnetic values that represents a second magnetic recording that comprises a second set of second magnetic measurements that are each represented by one of the second magnetic values; approximately align the first and second series with each other; calculate a difference between the first and second series as aligned with each other; determine a similarity between the first and second series based on the difference; and perform navigation or localization based on the determined similarity.
22. (Original) The system of Claim 21, wherein: the first set is a first time series and the second set is a second time series; or the first set is a first distance series and the second set is a second distance series.
23. (Original) The system of Claim 21, wherein the difference comprises a sum of one or more Euclidean distances, dynamic time warping (DTW) distances, or Frechet distances between corresponding first and second magnetic values.
24. (Currently Amended) The system of Claim 21, wherein, to determine the similarity between the first and second series based on the difference, the instructions are operable when executed to: compare the difference with a predetermined threshold; and determine that the first and second series are similar to each other when the difference is approximately less than the predetermined threshold.
25. (Currently Amended) The system of Claim 21, wherein the first and second magnetic measurements comprise one or more of a total value of a magnetic field, an inclination angle of the magnetic field, a declination angle of the magnetic field, an x component of the magnetic field, a y component of the magnetic field, or-a z component of the magnetic field-or-field, a magnetic- susceptibility value, or a magnetic-conductivity value.
26. (Original) The system of Claim 21, wherein: each of the first and second magnetic measurements comprises a plurality of magnetic components; and each of the first and second magnetic values is a square root of a sum of squares of the magnetic components of the first or second magnetic measurement represented by the first or second magnetic value.
27. (Currently Amended) The system of Claim 21, wherein, to approximately align the first and second series with each other, the instructions are operable to: perform spline interpolation of the first and second series to produce a-same-an equal number of elements in the first and second series; center the first and second series by subtracting a first average of the first magnetic values from each of the first magnetic values and subtracting a second average of the second magnetic values from each of the second magnetic values; or scale the first and second series by dividing each of the first magnetic values by a first weighted average of the first magnetic values and dividing each of the second magnetic values by a second weighted average of the second magnetic values. 28. (Original) The system of Claim 21, wherein: the first series of first magnetic values and the second series of second magnetic values were generated by the system; the first series of first magnetic values and the second series of second magnetic values were generated by another system; the first series of first magnetic values was generated by the system and the second series of second magnetic values was generated by the other system; or the first series of first magnetic values was generated by the other system and the second series of second magnetic values was generated by the system.
30. (Original) A system comprising: means for accessing a first series of first magnetic values that represents a first magnetic recording that comprises a first set of first magnetic measurements that are each represented by one of the first magnetic values; means for accessing a second series of second magnetic values that represents a second magnetic recording that comprises a second set of second magnetic measurements that are each represented by one of the second magnetic values; means for approximately aligning the first and second series with each other; means for calculating a difference between the first and second series as aligned with each other; means for determining a similarity between the first and second series based on the difference; means for performing navigation or localization based on the determined similarity.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “means for accessing,” “means for approximately aligning,” “means for calculating,” “means for determining,” “means for performing navigation,” in claim 49.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. See, Fig. 28 and corresponding description in specification, paras, [0069], [0107], [0082]-[0086], [0134]-[0167].
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 1-49 are rejected under 35 U.S.C. 101 because the claimed invention is directed to mathematical concepts (see MPEP 2106.04(a)(2)) without significantly more. The claims recite methods and systems that represent an abstract idea.
Claims 1 and 49 discloses, by an electronic device, accessing a first series of first magnetic values that represents a first magnetic recording that comprises a first set of first magnetic measurements that are each represented by one of the first magnetic values; by an electronic device, accessing a second series of second magnetic values that represents a second magnetic recording that comprises a second set of second magnetic measurements that are each represented by one of the second magnetic values; by an electronic device, approximately aligning the first and second series with each other; by an electronic device, calculating a difference between the first and second series as aligned with each other; and by an electronic device, determining a similarity between the first and second series based on the difference.
Step 1, it’s a method claim.
Step 2A, prong 1, Claim 1 recites approximately aligning the first and second series with each other, by the electronic device, calculating a difference between the first and second series as aligned with each other. determining a similarity between the first and second series based on the difference. Here, "aligning" data, "calculating" a difference, and "determining similarity” mathematically are mental processes or mathematical concepts. these steps are claimed as generic mathematical algorithms that can be performed entirely in one's head, with a pencil and paper, or on a generic computer, they are considered abstract ideas and are not patent-eligible.
Step 2A, prong 2, The additional elements recited do not integrate the abstract idea into a practical application or amount to significantly more for the following reasons: The limitation "by an electronic device" fails to integrate into a practical application or amount to significantly more because this limitation is a generically recited computer element and does not add meaningful limitation to the abstract idea because it amounts to simply implementing the abstract idea on a computer (MPEP 2106.05(f)).
The limitation "accessing a first series of first magnetic values that represents a first magnetic recording that comprises a first set of first magnetic measurements that are each represented by one of the first magnetic values" corresponds to pre-solution data gathering (MPEP 2106.05(g)).
The limitation "by the electronic device, accessing a second series of second magnetic values that represents a second magnetic recording that comprises a second set of second magnetic measurements that are each represented by one of the second magnetic values" also corresponds to pre-solution data gathering (MPEP 2106.05(g)).
Step 2B, the claim does not recite additional elements that are sufficient to amount to significantly more than the abstract idea when considered both individually and as a whole. under Step 2B, limitation(s) that are insignificant extra-solution activity under step 2A, Prong 2, need to be re-evaluated to determine whether they are well-understood, routine, conventional activities. Here, accessing the magnetic information which is mere judicial-recognized well-understood, routine, conventional activity (MPEP 2106.05(d)(II).
Claims 2-16 are rejected. Claims 2 and 3 are data gathering. Claim 4 is mathematical calculations. Claim 5 is similarity which is merely comparing step and determining are Mental Processes (observation, evaluation, judgment, and/or opinion). Claim 6 is authentication based on comparison is using generic computer to perform this function. Claims 7 and 8 are measurement which is mathematical calculations. Claim 9 describe what user is and not significant. Claim 10 is merely magnetic values which is data gathering. Claim 11 is mathematical calculations. Claim 12 is aligning is again mathematical steps. Claims 13 and 14 are aligning step which is mathematical step, describing subtracting and dividing steps. Claims 15 and 16 describes generating the magnetic values which is data gathering.
It is therefore determined that the instant application not only represents an abstract idea identified as such based on criteria defined by the Courts and on USPTO examination guidelines, but also lacks the capability to bring about "Improvements to another technology or technical field" (Alice), bring about "Improvements to the functioning of the computer itself" (Alice), "Apply the judicial exception with, or by use of, a particular machine" (Bilski), "Effect a transformation or reduction of a particular article to a different state or thing" (Diehr), "Add a specific limitation other than what is well-understood, routine and conventional in the field" (Mayo), "Add unconventional steps that confine the claim to a particular useful application" (Mayo), or contain "Other meaningful limitations beyond generally linking the use of the judicial exception to a particular technological environment" (Alice), transformed a traditionally subjective process performed by humans into a mathematically automated process executed on computers (McRO), or limitations directed to improvements in computer related technology, including claims directed to software (Enfish).
Similarly , Clams 17 and 33 has additional limitations, “non-transitory computer readable medium,” “memory” and “processing device” have been recognized by the courts as being well‐understood, routine, and conventional functions when they are claimed in a merely generic manner (e.g., at a high level of generality). MPEP § 2106.05(d), II. Courts have held computer‐implemented processes not to be significantly more than an abstract idea (and thus ineligible) where the claim as a whole amount to nothing more than generic computer functions merely used to implement an abstract idea, such as an idea that could be done by a human analog (i.e., by hand or by merely thinking). See MPEP § 2106.05(d), II. The limitations include sending and receiving information regarding the assignment of videos to decoders. See MPEP § 2106.05(d), II, I, (Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362; TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 610, 118 USPQ2d 1744, 1745 (Fed. Cir. 2016); OIP Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363, 115 USPQ2d 1090, 1093 (Fed. Cir. 2015); buy SAFE, Inc. v. Google, Inc., 765 F.3d 1350, 1355, 112 USPQ2d 1093, 1096) and 18-32, 34-48 are rejected for the same reason claims 1-16 are rejected.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Han et al. (US2023/0099699) discloses indoor access point position management.
Berkovich et al. (US 2022/0128365) discloses magnetic based indoor vehicle positioning.
Ho (US 2020/0379062) discloses method and system for magnetic positioning.
Tan et al. (US 2020/0293508) discloses method, apparatus and system for updating geomagnetic information.
Duan (US 2019/0335983) discloses portable system and method for orientation of remote objects.
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/DHAVAL V PATEL/Primary Examiner, Art Unit 2631
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