2DETAILED ACTION
1. Claims 1-18 are pending in this examination.
Notice of Pre-AIA or AIA Status
2.1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
2.2. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Election/Restrictions
3. Applicant’s election without traverse of claims 1-18 in the reply filed on 1/7/2026 is acknowledged. Claim 20 is withdrawn from consideration.
Specification
4. The Title is objected to because title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
Claim Objections
5. Claims 1 and 17 are objected to because claims recite a method/processing apparatus that have multiple conditions, where all conditions cannot be accomplished in any variation of the method/ processing apparatus; in the interest of advancing prosecution, Examiner suggests amending the limitation to recite positive limitations such as replacing "if" with "when".
Claim Rejections - 35 USC § 101
4.1 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.
4.2. Claims 1-18 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e. an abstract idea) without significantly more.
As per claims 1, 17, and 18 the limitation of circuitry configured to: determine if the data processing apparatus is in a trusted location; if it is determined that the data processing apparatus is in a trusted location, transmit a beacon signal, the beacon signal comprising a data packet comprising information associated with a user of the data processing apparatus and the data packet having a predetermined property; Above steps may simply be performed mentally or “Mental Processes”, therefore, the above steps are abstract idea. These abstract ideas are not integrated into a practical application.
The claim recites additional elements circuitry configured to, which is insignificant extra-solution activity as well conventional and routine. Viewed as a whole, these additional claim element(s) do not provide meaningful limitation(s) to transform the abstract idea into a patent eligible application of the abstract idea such that the claim(s) amounts to significantly more than the abstract idea itself. Therefore, the claim(s) are rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter.
As per claim 2, the limitation of if it is determined the data processing apparatus is not in the trusted location, the circuitry is configured to not transmit the beacon signal; Above steps may simply be performed mentally or “Mental Processes”, therefore, the above steps are abstract idea. These abstract ideas are not integrated into a practical application. Viewed as a whole, these additional claim element(s) do not provide meaningful limitation(s) to transform the abstract idea into a patent eligible application of the abstract idea such that the claim(s) amounts to significantly more than the abstract idea itself. Therefore, the claim(s) are rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter.
As per claim 3, the limitation of the predetermined property is that the data packet is encrypted; Above steps may simply be performed mentally or “Mental Processes”, therefore, the above steps are abstract idea. These abstract ideas are not integrated into a practical application. Viewed as a whole, these additional claim element(s) do not provide meaningful limitation(s) to transform the abstract idea into a patent eligible application of the abstract idea such that the claim(s) amounts to significantly more than the abstract idea itself. Therefore, the claim(s) are rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter.
As per claim 4, the limitation of the predetermined property is that the data packet is not encrypted; Above steps may simply be performed mentally or “Mental Processes”, therefore, the above steps are abstract idea. These abstract ideas are not integrated into a practical application. Viewed as a whole, these additional claim element(s) do not provide meaningful limitation(s) to transform the abstract idea into a patent eligible application of the abstract idea such that the claim(s) amounts to significantly more than the abstract idea itself. Therefore, the claim(s) are rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter.
As per claim 5, the limitation of predetermined property is that the data packet is not encrypted; and if it is determined the data processing apparatus is not in the trusted location, encrypt the data packet and transmit the beacon signal comprising the encrypted data packet; Above steps may simply be performed mentally or “Mental Processes”, therefore, the above steps are abstract idea. These abstract ideas are not integrated into a practical application.
The claim recites additional elements circuitry configured to, which is insignificant extra-solution activity as well conventional and routine. Viewed as a whole, these additional claim element(s) do not provide meaningful limitation(s) to transform the abstract idea into a patent eligible application of the abstract idea such that the claim(s) amounts to significantly more than the abstract idea itself. Therefore, the claim(s) are rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter.
As per claim 6, the limitation of to determine the data processing apparatus is in the trusted location when a signal associated with a localized wireless network of the trusted location is detected”, therefore, the above steps are abstract idea. These abstract ideas are not integrated into a practical application.
The claim recites additional elements circuitry configured to, which is insignificant extra-solution activity as well conventional and routine. Viewed as a whole, these additional claim element(s) do not provide meaningful limitation(s) to transform the abstract idea into a patent eligible application of the abstract idea such that the claim(s) amounts to significantly more than the abstract idea itself. Therefore, the claim(s) are rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter.
As per claim 7, the limitation of the signal comprises a transmitted service set identifier (SSID), associated with the trusted location; Above steps may simply be performed mentally or “Mental Processes”, therefore, the above steps are abstract idea. These abstract ideas are not integrated into a practical application. Viewed as a whole, these additional claim element(s) do not provide meaningful limitation(s) to transform the abstract idea into a patent eligible application of the abstract idea such that the claim(s) amounts to significantly more than the abstract idea itself. Therefore, the claim(s) are rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter.
As per claim 8, the limitation of determine that the data processing apparatus is in the trusted location when a second beacon signal associated with the trusted location is detected; Above steps may simply be performed mentally or “Mental Processes”, therefore, the above steps are abstract idea. These abstract ideas are not integrated into a practical application.
The claim recites additional elements circuitry configured to, which is insignificant extra-solution activity as well conventional and routine. Viewed as a whole, these additional claim element(s) do not provide meaningful limitation(s) to transform the abstract idea into a patent eligible application of the abstract idea such that the claim(s) amounts to significantly more than the abstract idea itself. Therefore, the claim(s) are rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter.
As per claim 9, the limitation of determine that the data processing apparatus is determine that the data processing apparatus is in the trusted location based on a determined geocode of the data processing apparatus; Above steps may simply be performed mentally or “Mental Processes”, therefore, the above steps are abstract idea. These abstract ideas are not integrated into a practical application.
The claim recites additional elements circuitry configured to, which is insignificant extra-solution activity as well conventional and routine. Viewed as a whole, these additional claim element(s) do not provide meaningful limitation(s) to transform the abstract idea into a patent eligible application of the abstract idea such that the claim(s) amounts to significantly more than the abstract idea itself. Therefore, the claim(s) are rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter.
As per claim 10, the limitation of determine that the data processing apparatus is in the trusted location based on an identifier of a cell of a cellular network serving the data processing apparatus; Above steps may simply be performed mentally or “Mental Processes”, therefore, the above steps are abstract idea. These abstract ideas are not integrated into a practical application.
The claim recites additional elements circuitry configured to, which is insignificant extra-solution activity as well conventional and routine. Viewed as a whole, these additional claim element(s) do not provide meaningful limitation(s) to transform the abstract idea into a patent eligible application of the abstract idea such that the claim(s) amounts to significantly more than the abstract idea itself. Therefore, the claim(s) are rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter.
As per claim 11, the limitation of determine that the data processing apparatus is in the trusted location when the data processing apparatus is connected to a wireless local area network (WLAN), associated with the trusted location; Above steps may simply be performed mentally or “Mental Processes”, therefore, the above steps are abstract idea. These abstract ideas are not integrated into a practical application.
The claim recites additional elements circuitry configured to, which is insignificant extra-solution activity as well conventional and routine. Viewed as a whole, these additional claim element(s) do not provide meaningful limitation(s) to transform the abstract idea into a patent eligible application of the abstract idea such that the claim(s) amounts to significantly more than the abstract idea itself. Therefore, the claim(s) are rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter.
As per claim 12, the limitation of the data packet comprises information indicating a preference of the user of the data processing apparatus; Above steps may simply be performed mentally or “Mental Processes”, therefore, the above steps are abstract idea. These abstract ideas are not integrated into a practical application. Viewed as a whole, these additional claim element(s) do not provide meaningful limitation(s) to transform the abstract idea into a patent eligible application of the abstract idea such that the claim(s) amounts to significantly more than the abstract idea itself. Therefore, the claim(s) are rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter.
As per claim 13, the limitation of the data packet comprises an identifier of the user of the data processing apparatus, the identifier being associated with a digital account of the user indicating a preference of the user; Above steps may simply be performed mentally or “Mental Processes”, therefore, the above steps are abstract idea. These abstract ideas are not integrated into a practical application. Viewed as a whole, these additional claim element(s) do not provide meaningful limitation(s) to transform the abstract idea into a patent eligible application of the abstract idea such that the claim(s) amounts to significantly more than the abstract idea itself. Therefore, the claim(s) are rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter.
As per claim 14, the limitation of in response to transmitting the beacon signal, receive a response signal indicating information conforming to the preference of the user; Above steps may simply be performed mentally or “Mental Processes”, therefore, the above steps are abstract idea. These abstract ideas are not integrated into a practical application.
The claim recites additional elements circuitry configured to, which is insignificant extra-solution activity as well conventional and routine. Viewed as a whole, these additional claim element(s) do not provide meaningful limitation(s) to transform the abstract idea into a patent eligible application of the abstract idea such that the claim(s) amounts to significantly more than the abstract idea itself. Therefore, the claim(s) are rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter.
As per claim 15, the limitation of the data packet is a Bluetooth® Low Energy (BLE), advertising packet; Above steps may simply be performed mentally or “Mental Processes”, therefore, the above steps are abstract idea. These abstract ideas are not integrated into a practical application. Viewed as a whole, these additional claim element(s) do not provide meaningful limitation(s) to transform the abstract idea into a patent eligible application of the abstract idea such that the claim(s) amounts to significantly more than the abstract idea itself. Therefore, the claim(s) are rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter.
As per claim 16, the limitation of run a software application associated with the trusted location; and transmit the beacon signal if the data processing apparatus is in the trusted location and the software application associated with the trusted location is in an active state; Above steps may simply be performed mentally or “Mental Processes”, therefore, the above steps are abstract idea. These abstract ideas are not integrated into a practical application.
The claim recites additional elements circuitry configured to, which is insignificant extra-solution activity as well conventional and routine. Viewed as a whole, these additional claim element(s) do not provide meaningful limitation(s) to transform the abstract idea into a patent eligible application of the abstract idea such that the claim(s) amounts to significantly more than the abstract idea itself. Therefore, the claim(s) are rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter.
Claim Rejections - 35 USC § 103
7.1. 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.
Examiner Note: It is noted that claims 1, and 17 discloses a method/processing apparatus that recites multiple conditions (if statements), where all conditions cannot be accomplished in any variation of the method/ processing apparatus. In fact, only one of the conditions ever actually occurs at any given time (alternative conditions; e.g., if A, do X; if B, do Y). Therefore, the examiner asserts that only one of the multiple conditions needs to be taught in order to meet the claim. However, in the interest of advancing prosecution, the Examiner suggests amending the claims to clarify that all conditions must be met (i.e. when), rather than using language that allows for alternative, "if-then" scenarios.
Independent claims 1, and 17
7.2. Claims 1, 8-10, 12-18 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Application No. 20140089111 to Fernandez et al (“Fernandez”) in view of US Patent Application No. 20220358830 to Detwiler et al (“Detwiler”).
As per claim 1, Fernandez disclose a data processing apparatus comprising circuitry configured to: determine if the data processing apparatus is in a ([0070] The transmitter 340 may be adapted to transmit various types of beacon signals … The transmitter may be configurable, such that the range and spread of the transmitted signal(s) may be controlled (e.g., by loading values to the sensor memory 330, by defining various attributes at the server, etc.). [0061] The consumer may then enter a first product zone 220, triggering another proximity event. In this example, the zone 220 may be a deli and the user's shopping list may indicate that the user wishes to buy a half pound of sliced ham. Thus, the proximity event may be used to provide an offer related to ham, display ham that is on sale, display other specials in the deli section, and/or other appropriate actions. The consumer-user may proceed through the establishment in a similar fashion, potentially triggering proximity events related to other zones within the establishment.
transmit a beacon signal, the beacon signal comprising a data packet comprising information associated with a user of the data processing apparatus and the data packet having a predetermined property ([0014], detecting a beacon signal emitted from a wireless sensor, wherein the beacon signal comprises a sensor ID; sending a request to an application server; and receiving a set of ordering options from the application server, wherein the ordering options are based at least partly on a location associated with the wireless sensor... [0062] After the consumer-user has finished shopping and paid for any items, the user may leave the establishment through the exit 260, triggering a proximity event. In response to such an event, various appropriate actions may be performed, such as displaying a message on the user's mobile device (e.g., "Thank you for shopping with us!").
Furthermore, Fernandez discloses sensor 300, showing proximity zones defined by various beacon signals that may be provided by some embodiments of the sensor 300, but Fernandez does not explicitly disclose however in the same field of endeavor, Detwiler discloses determined apparatus trussed zones/location ([0060] Entry to a trusted location 502 may be detected 526 when the mobile device 102B crosses a boundary for a geofence defined and monitored for the trusted location 522, in an embodiment. As indicated above, trusted locations and untrusted locations information may be accessible on the mobile device 102B. When a determination is made from positioning information (e.g., GPS) for the mobile device 102B that the mobile device 102B has entered the trusted location, the geofence for the trusted location may be established and monitored. In some embodiments, one or more signals may be used to determine whether the mobile device 102B entered a location, is in a “settled” state at a location, exited the location, or is in a “in transit” state from/to a location. On entry to the trusted location 502, the wireless connection between accessory device 102A and mobile device 102B may be monitored 516.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of Fernandez with the teaching of Detwiler by including the feature of trussed zones, in order for Fernandez’s system to helping prevent unauthorized access from outside the trusted zone. In trusted environments, beacons can be part of a location-based authentication mechanism. Mobile devices can check proximity to policy beacons to confirm they are in an authorized location before allowing access to sensitive data or systems. This adds a geographic layer to authentication, helping prevent unauthorized access from outside the trusted zone.
Claim 17, is rejected for similar reasons as stated above, and claim 1.
As per claim 8, the combination of Fernandez and Detwiler discloses the data processing apparatus according to claim 1, wherein the circuitry is configured to determine that the data processing apparatus is in the trusted location when a second beacon signal associated with the trusted location is detected (Detwiler, [0048]). The motivation regarding the obviousness of claim 1 is also applied to claim 8.
As per claim 9, the combination of Fernandez and Detwiler discloses the data processing apparatus according to claim 1, wherein the circuitry is configured to determine that the data processing apparatus is in the trusted location based on a determined geocode of the data processing apparatus (Detwiler, [0060]). The motivation regarding the obviousness of claim 1 is also applied to claim 9.
As per claim 10, the combination of Fernandez and Detwiler discloses the data processing apparatus according to claim 1, wherein the circuitry is configured to determine that the data processing apparatus is in the trusted location based on an identifier of a cell of a cellular network serving the data processing apparatus (Fernandez, [0055]).
As per claim 12, the combination of Fernandez and Detwiler discloses the data processing apparatus according to claim 1, wherein the data packet comprises information indicating a preference of the user of the data processing apparatus (Fernandez, [0122], [0150]).
As per claim 13, the combination of Fernandez and Detwiler discloses the data processing apparatus according to claim 1, wherein the data packet comprises an identifier of the user of the data processing apparatus, the identifier being associated with a digital account of the user indicating a preference of the user (Fernandez, [0153], [0122]).
As per claim 14, the combination of Fernandez and Detwiler discloses the data processing apparatus according to claim 11, wherein, in response to transmitting the beacon signal, the circuitry is configured to receive a response signal indicating information conforming to the preference of the user (Fernandez, [0114]-[0115]).
As per claim 15, the combination of Fernandez and Detwiler discloses the data processing apparatus according to claim 1, wherein the data packet is a Bluetooth® Low Energy (BLE), advertising packet (Detwiler, [0042]). The motivation regarding the obviousness of claim 1 is also applied to claim 15.
As per claim 16, the combination of Fernandez and Detwiler discloses the data processing apparatus according to claim 1, wherein the circuitry is configured to: run a software application associated with the trusted location; and transmit the beacon signal if the data processing apparatus is in the trusted location and the software application associated with the trusted location is in an active state (Detwiler, [0031], [0033]). The motivation regarding the obviousness of claim 1 is also applied to claim 16.
Claim 18, is rejected for similar reasons as stated above, and claim 1.
7.3. Claims 2-4, 6-7, 11 are rejected under 35 U.S.C. 103 as being unpatentable over Fernandez and Detwiler as applied to claim above, and in view of US Patent Application No. 20160316419 to Shyamalan et al (“Shyamalan”).
As per claim 2, the combination of Fernandez and Detwiler discloses the invention as described above. Fernandez and Detwiler do not explicitly disclose however, In the same field of endeavor, Shyamalan discloses the data processing apparatus according to claim 1, wherein, if it is determined the data processing apparatus is not in the trusted location, the circuitry is configured to not transmit the beacon signal ([0032] User device 120 may attempt to access wireless network signal 103 periodically and/or during different time periods using information included in programming data 101. If user device 120 cannot receive wireless network signal 103 (e.g., user device 120 has moved outside of network boundary 154), user device 120 may perform one or more actions. For example, user device 120 may automatically (e.g., without receiving a user input) initiate a call and/or send an alert message (e.g., via network 130) to mobile device 110 or to another device (e.g., to a police or school official) to indicate that user device 120 has left a geographic area associated with network boundary 154. In another example, if user device 120 cannot receive wireless network signal 103, user device 120 may deactivate communications to prevent receiving new programming data 101 and/or to prevent outgoing communications. Although outgoing communications may be stopped, user device 120 may continue to forward, to mobile device 110, GPS or other location information identifying a geographic location associated with user device 120).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of Fernandez with the teaching of Shyamalan/Detwiler by including the feature of untrussed location, in order for Fernandez’s system to avoiding beacon transmission in untrusted or unsecured locations which can significantly reduce risk and resource waste. Beacons can be used for location-based tracking or profiling. In untrusted locations, transmitting beacon signals can reveal your position to unintended parties, enabling stalking, surveillance, or targeted attacks. Withholding beacon signals in these areas helps maintain privacy and reduces the risk of location-based exploitation.
As per claim 3, the combination of Fernandez, Detwiler and Shyamalan discloses the data processing apparatus according to claim 2, wherein the predetermined property is that the data packet is encrypted (Detwile, [0038], [0050]). The motivation regarding the obviousness of claim 1 is also applied to claim 3.
As per claim 4, the combination of Fernandez, Detwiler and Shyamalan discloses the data processing apparatus according to claim 2, wherein the predetermined property is that the data packet is not encrypted (Detwile, [0038], [0050]). The motivation regarding the obviousness of claim 1 is also applied to claim 4.
As per claim 6, the combination of Fernandez, Detwiler and Shyamalan discloses the data processing apparatus according to claim 1, wherein the circuitry is configured to determine the data processing apparatus is in the trusted location when a signal associated with a localized wireless network of the trusted location is detected (Shyamalan, [0031]). The motivation regarding the obviousness of claim 2 is also applied to claim 6.
As per claim 7, the combination of Fernandez, Detwiler and Shyamalan discloses the data processing apparatus according to claim 6, wherein the signal comprises a transmitted service set identifier (SSID), associated with the trusted location (Shyamalan, [0059]). The motivation regarding the obviousness of claim 2 is also applied to claim 7.
As per claim 11, the combination of Fernandez, Detwiler and Shyamalan discloses the data processing apparatus according to claim 1, wherein the circuitry is configured to determine that the data processing apparatus is in the trusted location when the data processing apparatus is connected to a wireless local area network (WLAN), associated with the trusted location (Shyamalan, [0074], also see [0031]-[0032]). The motivation regarding the obviousness of claim 2 is also applied to claim 11.
7.3. Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Fernandez and Detwiler as applied to claim above, and in view of US Patent Application No. 20130151844 to Messerschmidt et al (“Messerschmidt”).
As per claim 5, the combination of Fernandez and Detwiler discloses the invention as described above including encrypted/unencrypted data with trussed location as describe above (Detwile, [0038], [0050]). Fernandez and Detwiler do not explicitly disclose however, In the same field of endeavor, Messerschmidt discloses the data processing apparatus according to claim 1, wherein: the predetermined property is that the data packet is not encrypted; and if it is determined the data processing apparatus is not in the trusted location, the circuitry is configured to encrypt the data packet and transmit the beacon signal comprising the encrypted data packet [0028]
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of Fernandez with the teaching of Messerschmid/Detwiler by including the feature of transmitting, in order for Fernandez’s system to secure setup of such encrypted data transmissions over unsecured media. An electronic device includes a first connection interface and a second connection interface. The first connection interface is operable to exchange security information with another electronic device for use in encrypting data transmissions with the other electronic device. The first connection interface is inoperable to communicate payload data encrypted using the security information. The second connection interface is different than the first connection interface and operable to securely communicate payload data with the other electronic device over an unsecure medium in accordance with the security information exchanged via the first connection interface (Messerschmid, abstract).
8.1. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure as the prior art discloses many of the claim features (See PTO-form 892).
8.2. a). US Patent Application No. 20150312762 A1 to Hernandez et al., discloses the present disclosure is directed towards systems and methods for providing one or more security measures in Bluetooth low energy protocol environment, which comprises broadcasting a beacon signal, wherein the beacon signal comprises one or more temporal attributes and a proximity range. A request from an access device is received to authenticate the access device with the beacon signal and is subsequently authenticated with the beacon signal when the access device is within the proximity range. One or more content items are the transmitted to the access device in accordance with the one or more temporal attributes while the access device is authenticated with the beacon signal.
b). US Patent No. 10149159 issued to Perfitt et al., discloses a trusted beacon system is disclosed. An electronic beacon broadcasts a cryptographically signed beacon identifier to listening devices. Listening devices are configured to verify the integrity of the cryptographically signed beacon identifier by using the beacon's public key. Listening devices may also be configured to verify the validity of the public key by verifying a digital certificate corresponding to the beacon. Also, listening devices may be configured with location-based functionality that determines a relative location of the listening device or carries out other functionality if the cryptographically signed beacon identifier is verified.
Conclusion
9. Any inquiry concerning this communication or earlier communications from the examiner should be directed to HARUNUR RASHID whose telephone number is (571)270-7195. The examiner can normally be reached 9 AM to 5PM.
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HARUNUR . RASHID
Primary Examiner
Art Unit 2497
/HARUNUR RASHID/Primary Examiner, Art Unit 2497