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 .
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-3 and 5-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Crarnecky et al. (US 2023/0100210 A1).
Regarding claim 1, Crarnecky et al. teach a system for tracking a user equipment (UE) (see par. 0007 and par. 0023: Location may also be based on the location of a Bluetooth compliant tracking device, for example a smartphone, which is coupled with the tracking device), the system comprising: a graphic user interface (GUI); a battery; one or more antenna elements configured to transmit wireless communication signals; a first radio configured to transmit the wireless communication signals using the one or more antenna elements (see pars. 0007-0008: asset system for tracking with extended battery life comprising: a tracking device with internal battery supply, attached to the pet, child, power sport, recreational vehicle or other asset; a software application that may be modified by a user and determines a frequency of data transmissions required as the pet, child, power sport, recreational vehicle or other asset moves among locations, and collects the data that the tracking device sends through a Blue Tooth, WIFI, or cellular connection; firmware within a chip on the tracking device that determines how often data is sent from the tracking device to the software application; a display that shows the frequency mode of the tracking device and an amount of battery life remaining on the internal battery; and a sensor attached to the tracking device that determines whether the tracking device is moving or stationary); and one or more computer processing components configured to perform operations comprising: causing display of one or more user interface elements on the GUI when a battery charge level is above a predetermined threshold (see pars. 0031-0032: A display showing the remaining battery life will be monitored by the user and when the battery reaches a specified threshold, for example 20%, the tracking device will switch back to Locate mode, in order to conserve battery life. A tracking device with a screen that displays the mode of the tracking device on a screen. The device modes may include sleep mode, monitor mode, locate mode, and emergency mode); based on a determination that the battery charge level of the battery is below the predetermined threshold, not displaying the one or more user interface elements on the GUI (see par. 0031: A display showing the remaining battery life will be monitored by the user and when the battery reaches a specified threshold, for example 20%, the tracking device will switch back to Locate mode, in order to conserve battery life); and transmitting a location message while the battery charge level of the battery is below the predetermined threshold (see pars. 0029-0030: FIG. 4 represents the stages of the process while the tracking device is in the Locate mode. The flow diagram starts with the tracked object outside of a defined geofence. If the transmitter is paired with a Bluetooth device, then the tracking device goes into Monitor mode. If the transmitter is on a WIFI network, then location data will be calculated based on a crowdsourced WIFI engine and transmitted. The frequency of transmission will be transmitted by cellular radio. If the transmitter is not on WIFI or Bluetooth, then location will be calculated based on cellular tower triangulation, at a frequency defined by the user. It will be necessary to monitor the battery life to ensure that the tracking device will be able to continue to transmit data. When the battery reaches a predetermined level, for example 20%, the tracking device will switch to Locate mode).
Regarding claim 10, Crarnecky et al. teach a method for tracking a user equipment (UE) (see par. 0007 and par. 0023: Location may also be based on the location of a Bluetooth compliant tracking device, for example a smartphone, which is coupled with the tracking device), the method comprising:
determining a battery charge level is below a predetermined threshold (see par. 0007: a display that shows the frequency mode of the tracking device and an amount of battery life remaining on the internal battery; par. 0031: A display showing the remaining battery life will be monitored by the user and when the battery reaches a specified threshold, for example 20%, the tracking device will switch back to Locate mode, in order to conserve battery life); based on said determination, modifying the UE modality from a normal mode to a tracking mode (see par. 0031: A display showing the remaining battery life will be monitored by the user and when the battery reaches a specified threshold, for example 20%, the tracking device will switch back to Locate mode, in order to conserve battery life); and periodically transmitting a location message while the UE is in the tracking mode (see pars. 0029-0030: FIG. 4 represents the stages of the process while the tracking device is in the Locate mode. The flow diagram starts with the tracked object outside of a defined geofence. If the transmitter is paired with a Bluetooth device, then the tracking device goes into Monitor mode. If the transmitter is on a WIFI network, then location data will be calculated based on a crowdsourced WIFI engine and transmitted. The frequency of transmission will be transmitted by cellular radio. If the transmitter is not on WIFI or Bluetooth, then location will be calculated based on cellular tower triangulation, at a frequency defined by the user. It will be necessary to monitor the battery life to ensure that the tracking device will be able to continue to transmit data. When the battery reaches a predetermined level, for example 20%, the tracking device will switch to Locate mode).
Regarding claim 2, Crarnecky et al. also teach at least one physical interface element, and wherein the operations further comprise: processing a first input from the at least one physical interface element when the battery charge level is above the predetermined threshold (see par. 0018: The user or multiple users will be able to know the battery life remaining in any of the modes. They will be able to switch to any of the modes and know the battery life left in the selected mode. This increases or decreases the remainder of the battery life. The user will also be able to enter into a specific mode and change the frequency of transmissions to assist in location and tracking and know the battery life based on the frequency of transmissions they have set the software application and tracking device to. The software application will communicate with the tracking device to change the frequency of the transmissions); and based on the determination that the battery charge level of the battery is below the predetermined threshold, not processing a second input from the at least one physical interface element (see par. 0030: When the battery reaches a predetermined level, for example 20%, the tracking device will switch to Locate mode).
Regarding claim 3, Crarnecky et al. also teach wherein the at least one physical interface element comprises a button (see par. 0018: The user will also be able to enter into a specific mode and change the frequency of transmissions to assist in location and tracking and know the battery life based on the frequency of transmissions they have set the software application and tracking device to).
Regarding claim 5, Crarnecky et al. also teach wherein the system is a cellular phone (see pars. 0007 and 0023: Location may also be based on the location of a Bluetooth compliant tracking device, for example a smartphone, which is coupled with the tracking device).
Regarding claim 6, Crarnecky et al. also teach wherein the predetermined threshold is configurable by a user via an input to one or more of the GUI and at least one physical interface element (see par. 0018: The user or multiple users will be able to know the battery life remaining in any of the modes. They will be able to switch to any of the modes and know the battery life left in the selected mode. This increases or decreases the remainder of the battery life. The user will also be able to enter into a specific mode and change the frequency of transmissions to assist in location and tracking and know the battery life based on the frequency of transmissions they have set the software application and tracking device to. The software application will communicate with the tracking device to change the frequency of the transmissions).
Regarding claim 7, Crarnecky et al. also teach wherein the location message is communicated using a cellular protocol and comprises a device identifier and a geographic location (see par. 0026 and par. 0029: Locate mode may be implemented when the tracking device is outside a defined geofence. In this case, routes may be recorded, and the tracking device transmits data more frequently than it would while in Monitor mode. Giving priority to Bluetooth first, WIFI second, Cellular third, and GPS last, there are several different scenarios which may arise, and are each described below. The frequency of transmission will be transmitted by cellular radio. If the transmitter is not on WIFI or Bluetooth, then location will be calculated based on cellular tower triangulation, at a frequency defined by the user. Finally, if the transmitter is moving, then a GPS fix will also be performed).
Regarding claim 8, Crarnecky et al. also teach wherein the location message is communicated using a Bluetooth Low Energy (BLE) protocol and comprises a device identifier (see par. 0029: If the transmitter is paired with a Bluetooth device, then the tracking device goes into Monitor mode. If the transmitter is on a WIFI network, then location data will be calculated based on a crowdsourced WIFI engine and transmitted).
Regarding claim 9, Crarnecky et al. also teach a second radio, the first radio being a cellular radio and the second radio being a Bluetooth Low Energy (BLE) radio, wherein the first radio periodically transmits a precise location message comprising a geographic location when the battery charge level is above the predetermined threshold, and wherein the second radio periodically transmits the location message while the battery charge level of the battery is below the predetermined threshold (see par. 0021: The tracking device stores user defined geofences locally, although the geofences can also be stored on the software application, and communicates with the software application via the protocol which provides the least drain on the battery. Similarly, the tracking device determines geolocation with the most battery-friendly approach from GPS, Triangulation using WIFI, Triangulation using cellular, or provided by another device that the tracking device is paired with via Bluetooth).
Regarding claim 11, Crarnecky et al. also teach wherein modifying the UE modality from the normal mode to the tracking mode comprises disabling a graphic user interface of the UE (see par. 0031: A display showing the remaining battery life will be monitored by the user and when the battery reaches a specified threshold, for example 20%, the tracking device will switch back to Locate mode, in order to conserve battery life).
Regarding claim 12, Crarnecky et al. also teach wherein modifying the UE modality from the normal mode to the tracking mode further comprises stopping the processing of one or more inputs from one or more physical interface elements (see par. 0018: The user will also be able to enter into a specific mode and change the frequency of transmissions to assist in location and tracking and know the battery life based on the frequency of transmissions they have set the software application and tracking device to; par. 0031: A display showing the remaining battery life will be monitored by the user and when the battery reaches a specified threshold, for example 20%, the tracking device will switch back to Locate mode, in order to conserve battery life).
Regarding claim 13, Crarnecky et al. also teach wherein the location message comprises a Bluetooth Low Energy (BLE) beacon (see par. 0029: If the transmitter is paired with a Bluetooth device, then the tracking device goes into Monitor mode. If the transmitter is on a WIFI network, then location data will be calculated based on a crowdsourced WIFI engine and transmitted).
Regarding claim 14, Crarnecky et al. also teach wherein modifying the UE modality from the normal mode to the tracking mode further comprises stopping the transmission of precise location messages, the precise location messages being transmitted using a cellular communication protocol (see par. 0026 and par. 0029: Locate mode may be implemented when the tracking device is outside a defined geofence. In this case, routes may be recorded, and the tracking device transmits data more frequently than it would while in Monitor mode. Giving priority to Bluetooth first, WIFI second, Cellular third, and GPS last, there are several different scenarios which may arise, and are each described below. The frequency of transmission will be transmitted by cellular radio. If the transmitter is not on WIFI or Bluetooth, then location will be calculated based on cellular tower triangulation, at a frequency defined by the user. Finally, if the transmitter is moving, then a GPS fix will also be performed).
Regarding claim 15, Crarnecky et al. also teach wherein the method further comprises modifying the UE modality from the tracking mode to a critical mode based on a second determination that the battery charge level is below a second predetermined threshold, the second predetermined threshold being lower than the first predetermined threshold, and wherein the location message is transmitted at a first periodicity in tracking mode and transmitted at a second periodicity in critical mode, the second periodicity being greater than the first periodicity (see par. 0030: Some embodiments provide a tracking device with a screen that displays the mode of the tracking device on a screen. The device modes may include sleep mode, monitor mode, locate mode, and emergency mode. Each mode represents a frequency of transmission and which can be changed by the software developer or by the consumer in their software application. The sleep mode will be the fewest frequency pings and may be the mode in which the tracking device is operating while it is in a geofence. Monitor mode will be a higher frequency of pings and a locate mode may be yet a further increased number of pings per given time interval. The emergency mode will be entered when, for example, the pet is outside of the geofence and the owner needs to receive an intense number of pings to assure proper location, especially if the pet is moving. A charge may be made to the customer to enable readouts showing the mode and battery life left).
Regarding claim 16, Crarnecky et al. also teach wherein the location message is transmitted at a first periodicity in the normal mode and transmitted at a second periodicity in the tracking mode, the second periodicity being greater than the first periodicity (see par. 0030: Some embodiments provide a tracking device with a screen that displays the mode of the tracking device on a screen. The device modes may include sleep mode, monitor mode, locate mode, and emergency mode. Each mode represents a frequency of transmission and which can be changed by the software developer or by the consumer in their software application. The sleep mode will be the fewest frequency pings and may be the mode in which the tracking device is operating while it is in a geofence. Monitor mode will be a higher frequency of pings and a locate mode may be yet a further increased number of pings per given time interval. The emergency mode will be entered when, for example, the pet is outside of the geofence and the owner needs to receive an intense number of pings to assure proper location, especially if the pet is moving. A charge may be made to the customer to enable readouts showing the mode and battery life left).
Regarding claim 17, Crarnecky et al. also teach wherein the method further comprises modifying the UE modality from the tracking mode to a critical mode based on a second determination that the battery charge level is below a second predetermined threshold, the second predetermined threshold being lower than the first predetermined threshold, and wherein the location message is transmitted at a third periodicity in critical mode, the third periodicity being greater than the second periodicity (see par. 0030: Some embodiments provide a tracking device with a screen that displays the mode of the tracking device on a screen. The device modes may include sleep mode, monitor mode, locate mode, and emergency mode. Each mode represents a frequency of transmission and which can be changed by the software developer or by the consumer in their software application. The sleep mode will be the fewest frequency pings and may be the mode in which the tracking device is operating while it is in a geofence. Monitor mode will be a higher frequency of pings and a locate mode may be yet a further increased number of pings per given time interval. The emergency mode will be entered when, for example, the pet is outside of the geofence and the owner needs to receive an intense number of pings to assure proper location, especially if the pet is moving. A charge may be made to the customer to enable readouts showing the mode and battery life left).
Regarding claim 18, Crarnecky et al. also teach wherein the method further comprises disabling an ultra-wideband radio based on the determination that the battery level of the UE is below the predetermined threshold (see par. 0026 and par. 0029: Locate mode may be implemented when the tracking device is outside a defined geofence. In this case, routes may be recorded, and the tracking device transmits data more frequently than it would while in Monitor mode. Giving priority to Bluetooth first, WIFI second, Cellular third, and GPS last, there are several different scenarios which may arise, and are each described below. The frequency of transmission will be transmitted by cellular radio. If the transmitter is not on WIFI or Bluetooth, then location will be calculated based on cellular tower triangulation, at a frequency defined by the user. Finally, if the transmitter is moving, then a GPS fix will also be performed).
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) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Crarnecky et al. (US 2023/0100210 A1) in view of INGERSON et al. (US 20180224517 A1).
Regarding claim 4, Crarnecky et al. do not mention wherein the at least one physical interface element additionally comprises a rotating bevel or rotating watch crown. INGERSON et al. teach the at least one physical interface element additionally comprises a rotating bevel or rotating watch crown (see par. 0128: if the tracking device is being used as a watch, the view action could correspond to raising of the wearer's arm, identified based on movement and rotation of the tracking device. Alternatively, this could be based on movement to a designated orientation, for example angled to a typical line of sight, or could include a defined pattern of movement such as shaking or tapping, which could be defined during an initial set-up process).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective the filling date of claimed invention (AIA ) to modify the the limitation “the at least one physical interface element additionally comprises a rotating bevel or rotating watch crown” of INGERSON et al. to the system of Crarnecky et al. in order to detect wearable tracking device movement and then determines a wearable tracking device position in response to wearable tracking device movement providing this information to the processing system.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID Q NGUYEN whose telephone number is (571)272-7844. The examiner can normally be reached Monday-Friday 7:00 AM - 3:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jinsong Hu can be reached at 5712723965. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAVID Q NGUYEN/Primary Examiner, Art Unit 2643
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