Prosecution Insights
Last updated: July 17, 2026
Application No. 18/812,846

APPARATUS WITH DIGITAL CONTENT LINKED TO A PHYSICAL LOCATION

Non-Final OA §112
Filed
Aug 22, 2024
Priority
Mar 01, 2021 — provisional 63/155,109 +9 more
Examiner
MILLER, BRANDON J
Art Unit
Tech Center
Assignee
Middle Chart LLC
OA Round
1 (Non-Final)
88%
Grant Probability
Favorable
1-2
OA Rounds
5m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allowance Rate
943 granted / 1077 resolved
+27.6% vs TC avg
Moderate +9% lift
Without
With
+8.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
26 currently pending
Career history
1109
Total Applications
across all art units

Statute-Specific Performance

§101
0.8%
-39.2% vs TC avg
§103
71.1%
+31.1% vs TC avg
§102
4.9%
-35.1% vs TC avg
§112
8.5%
-31.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1077 resolved cases

Office Action

§112
DETAILED ACTION I. This office action is in response to the correspondence filed on August 22, 2024. Claims 1-20 are pending and being examined. Notice of Pre-AIA or AIA Status II. 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 III. The information disclosure statement filed January 27, 2025 fails to comply with the provisions of 37 CFR 1.98(a)(4) because it lacks the appropriate size fee assertion. It has been placed in the application file, but the information referred to therein has not been considered as to the merits. Allowable Subject Matter IV. Claim 1 may be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) set forth in this Office action. The closest prior art found is Gifford (US 2021/0365602 A1) and MacGregor (US 8624,725 B1). Gifford teaches an apparatus for creating an interactive user interface linked to a physical location (see paragraph [0032], A system dynamically generates and modifies a design model of a building, the system including a computing device. This reads on a system dynamically generates and modifies a design model of a building, the system including a computing device), the apparatus comprising: a handheld smart device comprising a processor and a digital storage storing programmable code executable upon command (see paragraphs [0032] & [0097]) to cause the handheld smart device to: generate a user interface comprising a representation of one or both of: architectural aspects and equipment items in a building (see paragraphs [0011] & [0059], Generating by the one or more processors a design model for a building based on building layout information. The design model indicates dimensions and a room layout. Equipment may be selected for the building based on a load analysis or the design model. The computing device may include a display and a GUI that includes a digital representation of design model. This reads on generate a user interface comprising a representation of one or both of: architectural aspects and equipment items in a building); designate a zone on the user interface, the zone correlating with an area in a physical building (see paragraph [0011], Generating by the one or more processors a design model for a building based on building layout information. The design model indicates dimensions and a layout of one or more rooms. This reads on designate a zone on the user interface, the zone correlating with an area in a physical building). MacGregor teaches link digital content with digital content positional coordinates within the designated zone (see col. 7, lines 24-29; col. 8, lines 57-63; and Figs. 1a, 1b, 1c, The user of the device may request for navigation information to a particular object. The device provides a user entry that enables the user to input a specific location and object to which the user would like to be directed. The determining of location includes determining the current location of objects including the geospatial coordinates of the objects. This reads on link digital content with digital content positional coordinates within the designated zone); transceive a wireless communication between a smart device and a transceiver located interior to the building (see col. 7, lines 39-45 and Fig. 1(b), Mapping information is updated in real-time to find the location of the person or object. This reads on transceive a wireless communication between a smart device and a transceiver located interior to the building); generate positional coordinates for the smart device based upon the wireless communication between the smart device and the transceiver (see col. 7, lines 24-29 & 39-45; col. 8, lines 57-63; and Figs. 1a, 1b, 1c, The user of the device may request for navigation information to a particular object. The device determines the location of a person by locating the person’s mobile device. The determining of location includes determining the current location of objects including the geospatial coordinates of the objects. This reads on generate positional coordinates for the smart device based upon the wireless communication between the smart device and the transceiver); determine that the positional coordinates of the smart device are within designated zone (see col. 7, lines 24-29 & 39-45; col. 8, lines 57-63; and Figs. 1a, 1b, 1c, The user of the device may request for navigation information to a particular object. The device determines the location of a person by locating the person’s mobile device which may be in a room in a building or office (see col. 6, lines 12-18). The determining of location includes determining the current location of objects including the geospatial coordinates of the objects. This reads on determine that the positional coordinates of the smart device are within designated zone). Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. V. Claims 1-20 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor regards as the invention. Claim 1 recites “the positional coordinates” in line 20. It is unclear whether the “positional coordinates” in line 20 refer to the “digital content positional coordinates” in line 8; the “positional coordinates for the smart device” in line 11; or some other positional coordinates. The limitation renders the claim indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor regards as the invention. Claims 2-20 are dependent on claim 1 and are rejected for being indefinite under 35 U.S.C. 112(b) for the same reasons given above regarding claim 1. Conclusion VI. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Zia et al. Pub. No.: US 2020/0051338 A1 discloses techniques for crowd sourcing a room design, using augmented reality including a user interface for a design application including a room designer selecting and positioning items in a room, wherein the items will appear in a AR view at an end-user’s device (see paragraph [0064]). Sridharan et al. Pub. No.: US 2021/0200713 A1 discloses systems and methods for generating a data structure from multiple BIM Files including an interface including a 3D model of a building, where a user may select a zone within the building to display (see paragraph [0260]). Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRANDON J MILLER whose telephone number is (571)272-7869. The examiner can normally be reached M-F. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alison Slater can be reached at 571-270-0375. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /BRANDON J MILLER/Primary Examiner, Art Unit 2647 June 22, 2026
Read full office action

Prosecution Timeline

Aug 22, 2024
Application Filed
Jun 25, 2026
Non-Final Rejection mailed — §112 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
88%
Grant Probability
96%
With Interview (+8.7%)
2y 4m (~5m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1077 resolved cases by this examiner. Grant probability derived from career allowance rate.

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