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 .
DETAILED ACTION
The application of Nicholas Graube for Scanning For A Beacon Transmission From A Wireless Energy Charging-Capable-Device filed 8/13/2024 has been examined. Claims 1-27 are pending.
Specification
The abstract of the disclosure is objected to because there are some extra characters at the bottom of the page of the abstract. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
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.
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Claims 1-6 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 9-14 of U.S. Patent No. US 12086762.
Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-6 recites the scanning apparatus that is used to implement the method recited in claims 9-14 of U.S. Patent No. US 12086762.
Regarding claims 7-13 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 22-23 and 25-29 of U.S. Patent No. US 12086762.
Although the claims at issue are not identical, they are not patentably distinct from each other because claims 7-13 are generally broader than claims 22-23 and 25-29 of U.S. Patent No. US 12086762. Claims 7-13 include the limitations of claims 22-23 and 25-29 except for the limitation of estimating the distance between the scanning device and the wireless energy source.
Claim 14-21 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-8 of U.S. Patent No. US 12086762 in view of El-Rukby US Patent 12057717.
Regarding claim 14-21, the claim recites the same steps of operating the asset coordination component of claim 1 of US Patent 12086762. Claim 14 differs from claim 1-8 of US Patent 12086762 by implementing the method of operating the asset coordination component using a non-transitory computer-readable medium. El-Rukby in an analogous art teaches the use of the method of operating the asset coordination component using a non-transitory computer-readable medium (col. 20 lines 14-65) in order to provide for the efficient and reliable operation of the asset coordination component.
Claim 22-27 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 15-21 of U.S. Patent No. US 12086762 in view of El-Rukby US Patent 12057717.
Regarding claim 22-27, the claim recites the same steps of operating the asset coordination component of claim 15-21 of US Patent 12086762. Claim 122-27 differs from claim 15-21 of US Patent 12086762 by implementing the method of operating the asset coordination component using a non-transitory computer-readable medium. El-Rukby in an analogous art teaches the use of the method of operating the asset coordination component using a non-transitory computer-readable medium (col. 20 lines 14-65) in order to provide for the efficient and reliable operation of the asset coordination component.
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.
Regarding claim 14, the claimed invention is directed to an abstract idea without significantly more. The claim(s) recite(s) Mathematical concepts (mathematical relationship, algorithms, and calculations):
The limitation of “estimate a distance between a wireless energy source and a scanning device”, distance estimation is a calculation/derivation.
The limitation “determine timing information associated with a wireless energy transmission”, timing derivation is a calculation.
The limitation of “estimate a time of a beacon transmission estimate a time of a beacon transmission from a wireless energy charging-capable device coupled to an asset within a threshold proximity of the scanning device based on the estimated distance and the timing information” represents computing a time from prior estimates, which is considers a mental process (evaluations/decisions that can, at a high level, be performed in the human mind).
The limitation of “schedule a beacon scanning window for the scanning device to scan for the beacon transmission based on the estimated time” represents evaluative decision. A CRM with instructions for generic processors to perform high-level estimation and scheduling for beacon scanning is well-understood, routine, and conventional (WURC) in wireless/asset tracking systems. Therefore, the claim does not add significantly more.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zeine US Patent Application Publication 20200127704 in view of Jones US Patent Application Publication 20160299213.
Regarding claim 1, Zeine teaches a scanning device (WPTS, paragraph 021)), comprising:
one or more memories (paragraph 037);
one or more transceivers (paragraph 023); and
one or more processors (310) communicatively coupled to the one or more memories and the one or more transceivers, the one or more processors (paragraph 037), either alone or in combination, configured to:
perform an asset scan in conjunction with a wireless energy transmission from the scanning device (wireless power is transmitted to power receiving clients and the power transmitter received the beacon signal from the power receiving client, scanning is achieved by monitoring the assigned time window for the beacon signal, paragraph 022,031-032,034);
perform, in response to the request, the wireless energy transmission (paragraph 030-031);
monitor, during a beacon scanning window that is based on the wireless energy transmission, for one or more beacon transmissions from one or more wireless energy charging-capable device coupled to one or more assets within a threshold proximity of the scanning device (paragraph 032-033); and transmit, via the one or more transceivers, to the asset tracking coordination component, scan result information based on the monitoring (information regarding the power receivers are transmitted to an external cloud-based system, paragraph 038). Zeine is silent on teaching receive, via the one or more transceivers, from an asset tracking coordination component, a request to perform an asset scan in conjunction with a wireless energy transmission from the scanning device. Jones in an analogous art teaches an asset tracking coordination component provided by a server (108) generating the scanning of beacon signal (paragraph 049).
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the system of Zeine as disclosed by Jones because such modification represents the substitution of one device for another for initiating the function of scanning for the beacon signal and supplying wireless power and producing the predictable result of identifying the beacon in the vicinity of the scanning device.
Claim(s) 1-6 and 22-27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zeine US Patent Application Publication 20200127704 in view of Wei US Patent Application Publication 20150034719.
Regarding claim 1, Zeine teaches a scanning device (WPTS, paragraph 021)), comprising:
one or more memories (paragraph 037);
one or more transceivers (paragraph 023); and
one or more processors (310) communicatively coupled to the one or more memories and the one or more transceivers, the one or more processors (paragraph 037), either alone or in combination, configured to:
perform an asset scan in conjunction with a wireless energy transmission from the scanning device (wireless power is transmitted to power receiving clients and the power transmitter received the beacon signal from the power receiving client, scanning is achieved by monitoring the assigned time window for the beacon signal, paragraph 022,031-032,034);
perform, in response to the request, the wireless energy transmission (paragraph 030-031);
monitor, during a beacon scanning window that is based on the wireless energy transmission, for one or more beacon transmissions from one or more wireless energy charging-capable device coupled to one or more assets within a threshold proximity of the scanning device (paragraph 032-033); and transmit, via the one or more transceivers, to the asset tracking coordination component, scan result information based on the monitoring (information regarding the power receivers are transmitted to an external cloud-based system, paragraph 038). Zeine is silent on teaching receive, via the one or more transceivers, from an asset tracking coordination component, a request to perform an asset scan in conjunction with a wireless energy transmission from the scanning device. Wei in an analogous art teaches an asset tracking coordination component provided by a server AP initiating the scanning of beacon signal (paragraph 057).
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the system of Zeine as disclosed by Wei because such modification represents the substitution of one device for another for initiating the function of scanning for the beacon signal and supplying wireless power and producing the predictable result of identifying the beacon in the vicinity of the scanning device.
Regarding claim 2 and 4, Zeine teaches the one or more wireless energy charging-capable devices correspond to one or more passive Bluetooth low energy (BLE) labels (paragraph 024,037) but is silent on teaching the asset tracking coordination component corresponds to an electronic shelf label (ESL) scanning device controller. Wei in an analogous art teaches the asset tracking coordination component corresponds to an electronic shelf label (ESL) scanning device controller (paragraph 057-058) and teaches the scanning device (router) is distinct from the asset tracking coordination (AP) component (fig. 1, paragraph 057).
.
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the system of Zeine as disclosed by Wei because such modification represents the substitution of one device for another for initiating the function of scanning for the beacon signal and producing the predictable result of identifying the beacon in the vicinity of the scanning device.
Regarding claim 3, Zeine teaches the scanning device comprises the asset tracking coordination component (control Logic 310 represent the tracking coordination, paragraph 038).
Regarding claim 4, Zeine teaches the scanning device is distinct from the asset tracking coordination component (the tracking coordination component is a central or cloud based system, paragraph 038).
Regarding claim 5, Zeine teaches the scanning device is closer to the one or more wireless energy charging-capable devices than the asset tracking coordination component (the asset tracking component can be cloud based, paragraph 032; the use of Bluetooth (short range) by the scanner to communicate with the charging-capable devices suggest that the scanner is in close proximity to the scanner, paragraph 024).
Regarding claim 6, Zeine teaches the one or more processors, either alone or in combination, are further configured to:
receive, via the one or more transceivers, from the asset tracking coordination component, an indication of the beacon scanning window (paragraph 030-031).
Regarding claim 22, El-Rukby teaches a non-transitory computer-readable medium storing computer-executable instructions (col. 20 lines 48-65) that, when executed by a scanning device, cause the scanning device to:
perform an asset scan in conjunction with a wireless energy transmission from the scanning device (wireless power is transmitted to power receiving clients and the power transmitter received the beacon signal from the power receiving client, scanning is achieved by monitoring the assigned time window for the beacon signal, paragraph 022,031-032,034);
perform, in response to the request, the wireless energy transmission (paragraph 030-031);
monitor, during a beacon scanning window that is based on the wireless energy transmission, for one or more beacon transmissions from one or more wireless energy charging-capable device coupled to one or more assets within a threshold proximity of the scanning device (paragraph 032-033); and transmit, via the one or more transceivers, to the asset tracking coordination component, scan result information based on the monitoring (information regarding the power receivers are transmitted to an external cloud-based system, paragraph 038). Zeine is silent on teaching receive, via the one or more transceivers, from an asset tracking coordination component, a request to perform an asset scan in conjunction with a wireless energy transmission from the scanning device. Wei in an analogous art teaches an asset tracking coordination component provided by a server AP initiating the scanning of beacon signal (paragraph 057).
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the system of Zeine as disclosed by Wei because such modification represents the substitution of one device for another for initiating the function of scanning for the beacon signal and supplying wireless power and producing the predictable result of identifying the beacon in the vicinity of the scanning device.
Regarding claim 23, Zeine teaches the one or more wireless energy charging-capable devices correspond to one or more passive Bluetooth low energy (BLE) labels (paragraph 024,037) but is silent on teaching the asset tracking coordination component corresponds to an electronic shelf label (ESL) scanning device controller. Wei in an analogous art teaches the asset tracking coordination component corresponds to an electronic shelf label (ESL) scanning device controller (paragraph 057-058).
.
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the system of Zeine as disclosed by Wei because such modification represents the substitution of one device for another for initiating the function of scanning for the beacon signal and producing the predictable result of identifying the beacon in the vicinity of the scanning device.
Regarding claim 24, Zeine teaches the scanning device comprises the asset tracking coordination component (control Logic 310 represent the tracking coordination, paragraph 038).
Regarding claim 25, Zeine teaches the scanning device is distinct from the asset tracking coordination component (the tracking coordination component is a central or cloud based system, paragraph 038).
Regarding claim 26, Zeine teaches the scanning device is closer to the one or more wireless energy charging-capable devices than the asset tracking coordination component (the asset tracking component can be cloud based, paragraph 032; the use of Bluetooth (short range) by the scanner to communicate with the charging-capable devices suggest that the scanner is in close proximity to the scanner, paragraph 024).
Regarding claim 27, Zeine teaches the one or more processors, either alone or in combination, are further configured to:
receive, via the one or more transceivers, from the asset tracking coordination component, an indication of the beacon scanning window (paragraph 030-031).
Claim(s) 7-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over EL-Rukby et al. Zeine US Patent 10,825417 in view of Wei US Patent Application Publication 20150034719.
Regarding claim 7, El-Rukby et al. teaches an asset tracking coordination component (950, col. 9 lines 41-45), comprising:
one or more memories (col. 13 lines 53-54);
one or more transceivers (system 950 communicate over network 960 and therefore inherently include transceiver, fig. 9); and
one or more processors communicatively coupled to the one or more memories and the one or more transceivers, the one or more processors (servers 940 inherently include processor, memory and transceivers for communicating over the network, fig. 9, col. 13 lines 53-65) either alone or in combination, configured to:
a scanning device (501), perform an asset scan in conjunction with a wireless energy transmission from the scanning device, the asset scan comprising monitoring, during a beacon scanning window that is based on the wireless energy transmission, for one or more beacon transmissions from one or more wireless energy charging-capable devices that are coupled to one or more assets within a threshold proximity of a wireless energy source (wireless power is transmitted to power receiving clients and the power transmitter received the beacon signal from the power receiving client, scanning is achieved by monitoring the assigned time window for the beacon signal, col. 6 lines 17-24, col. 10 lines 36-47); and
receive, via the one or more transceivers, from the wireless energy source, scan result information based on the monitoring (col. 6 lines 17-24). EL-Rukby is silent on teaching receive, via the one or more transceivers, from an asset tracking coordination component, a request to perform an asset scan in conjunction with a wireless energy transmission from the scanning device. Wei in an analogous art teaches an asset tracking coordination component provided by a server AP initiating the scanning of beacon signal (paragraph 057).
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the system of El-Rukby as disclosed by Wei because such modification represents the substitution of one device for another for initiating the function of scanning for the beacon signal and supplying wireless power and producing the predictable result of identifying the beacon in the vicinity of the scanning device.
Regarding claim 8, El-Rukby the beacon scanning window is determined based on one or more estimated times of one or more beacon transmission from the one or more wireless energy charging-capable devices (col. 6 lines 17-24).
Regarding claim 9. El-Rukby teaches the asset tracking coordination component corresponds to an electronic shelf label (ESL) scanning device controller (col. 9 lines 4-15), and wherein the one or more wireless energy charging-capable devices correspond to one or more passive Bluetooth low energy (BLE) labels (col. 7 lines 36-40).
Regarding claim 10, El-Rukby teaches the scanning device comprises the asset tracking coordination component (col. 9 lines 25-30).
Regarding claim 11, El-Rukby teaches the scanning device (501) is remote from the asset tracking coordination (550) component (fig. 5, col. 13 lines 45-52)..
Regarding claim 12, El-Rukby teaches the scanning device is closer to the one or more wireless energy charging-capable devices than the asset tracking coordination component (the scanning device 901 is on the retail premise and the asset tracking coordination device is located remotely, col. 13 lines 17-25, asset tracking coordination component is cloud based and located remotely, col. 13 lines 53-65).
Regarding claim 13, El-Rukby teaches the one or more processors, either alone or in combination, are further configured to:
transmit, via the one or more transceivers, to the scanning device, an indication of the beacon scanning window (col. 6 lines 17-24).
Conclusion
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/VERNAL U BROWN/Primary Examiner, Art Unit 2686