Prosecution Insights
Last updated: May 29, 2026
Application No. 18/860,923

DEVICE AND METHOD FOR READING IDENTIFIERS OF MOVING OBJECTS

Non-Final OA §103§112
Filed
Nov 25, 2024
Priority
Apr 26, 2022 — DE 10 2022 110 002.2 +1 more
Examiner
AKHTER, SHARMIN
Art Unit
2689
Tech Center
2600 — Communications
Assignee
Tönnjes Isi Patent Holding GmbH
OA Round
1 (Non-Final)
70%
Grant Probability
Favorable
1-2
OA Rounds
9m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 70% — above average
70%
Career Allowance Rate
259 granted / 369 resolved
+8.2% vs TC avg
Strong +29% interview lift
Without
With
+29.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
15 currently pending
Career history
391
Total Applications
across all art units

Statute-Specific Performance

§101
1.7%
-38.3% vs TC avg
§103
83.9%
+43.9% vs TC avg
§102
8.3%
-31.7% vs TC avg
§112
1.7%
-38.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 369 resolved cases

Office Action

§103 §112
DETAILED ACTION 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. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claim 5-6, 9-10, 13, 14, and 16 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claims 5-6, 9-10, 13, and 16 recites the limitation "the feed network". There is insufficient antecedent basis for this limitation in the claim. “the feed network” is first mentioned in claim 2, therefore those claims should be dependent on/from claim 2. Claims 5-6, 9-10, 13-14, and 16 recites the limitation "the voltage source". There is insufficient antecedent basis for this limitation in the claim. “the voltage source” is first mentioned in claim 2, therefore those claims should be dependent on/from claim 2. Claim Rejections - 35 USC § 103 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 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, 11-12, 17-19, and 21-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang (WO 2016008004 A1) in view of Hefele et al. (US 20180219282 A1). In regard to claim 1, Wang teaches a device for reading UHF RFID signals that are transmitted or reflected by at least one transponder of an identifier of a moving object (Wang, Para. 144, In the RFID applications described above for which the birdcage antenna in Figure 24 is thought to be highly suited, operating frequencies will generally be in the ultrahigh frequency (UHF) range. By way of example, typical operating frequencies for an antenna such as this might be in the range of, say, 860-960 MHz), with at least one UHF RFID reading apparatus, wherein the reading apparatus has at least one antenna (Wang, Fig. 24; Para. 127, uses of a RFID reader equipped with an adapted and height-restricted dipole antenna 22-1 (and which provides a doughnut shaped radiation pattern, as in Figure 21), or multiple such RFID readers, with the resulting effective read-zone 22-2, in different read scenarios. The potential travel path of a license plate RFID tag 22-3 is indicated (indicated as 22-3 and also coloured blue in Figure 22), based on where a vehicle may physically drive, on each different type of road), and wherein the at least one reading apparatus is integrated next to and/or above and/or on a route traveled by the moving object, and/or in a surface on the route (Wang, Fig.22, Para. 129, an antenna which provides a radiation pattern as illustrated in Figure 23 (or similar to this) is desirable for use in RFID readers which are to be used in "on-road" or "in-road" placement locations in vehicle identification applications), wherein an antenna of the at least one reading apparatus is in the form of a monopole antenna comprising an electrically conductive plate element and a first and a second electrically conductive rod element (Wang, Fig. 24; Para. 134-136, The antenna in Figure 24 is actually a form of adapted/modified monopole antenna. The parts of this antenna, as labelled in Figure 24, include: a circular ground plane 24-3; an upright cylindrical monopole 24-2 (which in this case is in the shape of a short, squat cylinder); a number (in this case four) of shortening poles 24-5), wherein the rod elements are arranged perpendicularly on the plate element (Wang, Fig. 24, Para. 134, an upright cylindrical monopole 24-2 oriented vertically relative to the horizontal ground plane and perpendicular to the centre of the ground plane (note that the lowermost first end of the monopole 24-2 does not actually connect with or contact the ground plane 24-3; a number (in this case four) of shortening poles 24-5, each extending vertically upwards from the ground plane). Wang does not specifically teach the plate element and the rod elements are galvanically isolated from one another. However, Hefele teaches the plate element and the rod elements are galvanically isolated from one another (Hefele, Para. 39, The omnidirectional antenna 1 operates at a very wide range of frequencies, in particular in a frequency range of 600 MHz, 650 MHZ or 694 MHz to 6000 MHz. Said antenna comprises a first radiator 2 which is galvanically isolated from a base plate 3 and extends away therefrom, the first radiator 2 having a longitudinal axis 4 which extends at least approximately perpendicularly to the base plate 3. The base plate 3 may also be referred to as a reflector). Wang and Hefele are analogous art because they both pertain to arrangement of antennas. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have monopole and shortening poles galvanically isolated from the ground plane (as taught by Hefele) resulting in predictable result of preventing unwanted current from flowing between the poles and the ground plane. In regard to claim 11, Combination of Wang and Hefele teach the device for reading UHF RFID signals as claimed in claim 1, wherein the perpendicularly arranged rod elements are in the form of top-loaded monopoles (Wang, Fig. 24, Top load 1; Para. 11, This top load element may be connected to the monopole element on the second end of the monopole element, such that the plane of the top load element is substantially parallel to the plane of the ground plane. In these last-mentioned embodiments which include a top load element, the antenna might be referred to as a type or species of "top loaded monopole" antenna). In regard to claim 12, Combination of Wang and Hefele teach the device for reading UHF RFID signals as claimed in claim 1, wherein the rod elements have, at their ends remote from the plate element, electrically conductive disk elements with a round, elliptical, square or rectangular shape (Wang, Para. 136, it is expected that the top load 24-1 will be made from a conductive material such as high-grade conductive copper or the like). In regard to claim 17, Combination of Wang and Hefele teach the device for reading UHF RFID signals as claimed in claim 1, wherein the antenna is integrated into the roadway surface in such a way that that side of the plate element that is facing the rod elements is oriented toward the surface of the roadway (Wang, Figs. 29-30; Para. 62, placements of a RFID reader antenna (or the placement of the device which houses the RFID reader and its antenna) on or in a road surface). In regard to claim 18, Combination of Wang and Hefele teach the device for reading UHF RFID signals as claimed in claim 1, wherein two, three, four or more reading apparatuses are arranged next to and/or above and/or on and/or in the route traveled by the moving object in order to detect a plurality of objects simultaneously (Wang, Fig. 22, Para. 128, one or more RFID readers should be deployed on or in the road such that it is not possible (or at least it is very difficult) for a vehicle to avoid detection (i.e. avoid having its license plate RFID tag read by one of the readers)). In regard to claim 19, Combination of Wang and Hefele teach a method for reading UHF RFID signals that are transmitted or reflected by at least one transponder of an identifier of a moving object (Wang, Para. 104, The RFID tag 12-2 is placed in or on the vehicle's front and/or rear license plate resulting in a potential tag travel path 12-3 which is typically the space between about 200 mm and about 1200 mm above the road surface. In other words, depending on the type of vehicle (e.g. car, truck, bus, motorcycle, etc), its license plate, with the RFID tag thereon, will typically pass through this region 12-3 which is approximately 200 mm-1200 mm above the ground as the vehicle passes the reader), comprising a device as claimed in claim 1, wherein a radiation characteristic of at least one antenna is varied in such a way that it is oriented toward the moving object (Wang, Para. 104, The bulk of the space inside the effective beam 12-4 of the antenna 12-1 in Figure 12 (i.e. the bulk of the space within which the RFID tag on the vehicle license plate will receive sufficient energy to "switch on" and communicate with the RFID reader) is within this plate tag travel path 12-3. This is why this beam shape 12-4 is thought to be highly suitable). In regard to claim 21, Combination of Wang and Hefele teach the method for reading UHF RFID signals as claimed in claim 19, wherein UHF RFID signals from transponders approaching the antennas and/or from transponders moving away from the antenna are read by varying the radiation characteristic of the at least one antenna (Wang, Fig. 12 and 23; Para. 104, The bulk of the space inside the effective beam 12-4 of the antenna 12-1 in Figure 12 (i.e. the bulk of the space within which the RFID tag on the vehicle license plate will receive sufficient energy to "switch on" and communicate with the RFID reader) is within this plate tag travel path 12-3. This is why this beam shape 12-4 is thought to be highly suitable; Para. 129, an antenna which provides a radiation pattern as illustrated in Figure 23 (or similar to this) is desirable for use in RFID readers which are to be used in "on-road" or "in-road" placement locations in vehicle identification applications. Such a radiation pattern concentrates the maximum power in the zone where a RFID tag on a vehicle license plate is most likely to travel, which is typically 8 m or less from the antenna. (This was also explained above with reference to Figure 12.) This radiation pattern is also directionally independent in relation to the travel of the vehicle, with a low level of power directly above the antenna). In regard to claim 22, Combination of Wang and Hefele teach the method for reading UHF RFID signals as claimed in claim 19, wherein the radiation characteristic of the at least one antenna is varied in such a way that UHF RFID signals are read in a 360° range, around the antenna (Wang, Figs. 22-23; Para. 130, the calculated radiation pattern of a particular adapted/modified and height-restricted form/variation of dipole antenna (i.e. an antenna which is adapted/reconfigured compared to a conventional half-wave dipole antenna to have a low- profile or low-height physical structure but so as still to provide an overall radiation pattern shaped like a dropped-doughnut as shown), and which is placed in or on the road. Note that this radiation pattern is quite wide and flat (approximately toroidal and similar to the shape of a doughnut that has been dropped flat onto the ground and flattened somewhat). Claim(s) 2-10, 14, 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang (WO 2016008004 A1) in view of Hefele et al. (US 20180219282 A1) and further in view of Uno et al. (US 20060152413 A1). In regard to claim 2, Combination of Wang and Hefele do not specifically teach the device for reading UHF RFID signals as claimed in claim 1, wherein a voltage source from a feed network of the UHF RFID reader is assigned to the plate element and the rod elements in order to apply UHF RFID signals between the plate element and the rod elements. However, Uno teaches wherein a voltage source from a feed network of the UHF RFID reader is assigned to the plate element and the rod elements in order to apply UHF RFID signals between the plate element and the rod elements (Uno, Para. 40-42, the adaptive processor 204 calculates the amplitudes and phases of signals received by the mono-pole array, measures power of signals output from the power distributor/combiner 203 and controls the weight adjustors 202a to 202d so that the power (level) of the signal output from the power distributor/combiner 203 becomes a maximum to thereby adjust the phases and amplitudes of the signals for feeding the mono-pole antennas 104a to 104d; Para. 150, this embodiment arranges a microstrip array made up of 4 elements and a mono-pole array made up of 4 elements on a dielectric substrate surface, selectively feeds the respective array antennas and controls the phases of the respective elements to be fed, and can thereby obtain a higher gain in all directions over a hemisphere face in the +Z direction and control directivity not only at a low angle of elevation but also at a high angle of elevation). Wang, Hefele, and Uno are analogous art because they all pertain to antenna assembly. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to selectively feed respective antennas (as taught by Uno) thereby obtain a higher gain in all directions over a hemisphere face. In regard to claim 3, Combination of Wang and Hefele do not teach the device for reading UHF RFID signals as claimed in claim 1, wherein the first rod element and the second rod element are arranged at a distance of one quarter to three-quarters of the wavelength of the UHF signals from one another. However, Uno teaches wherein the first rod element and the second rod element are arranged at a distance of one quarter to three-quarters of the wavelength of the UHF signals from one another (Uno, Fig. 12, Para. 130-138, Here, parameters constituting the antenna apparatus shown in FIG. 12 will be set as follows. [0131] .epsilon.r=2.6 [0132] t=1.5 [mm] [0133] Wd=80 [mm] (approximately 1.4 wavelength) [0134] Wp=15.5 [mm] [0135] D=1 [mm] [0136] L=29 [mm] (approximately 0.5 wavelength) [0137] d1=29 [mm] (approximately 0.5 wavelength) [0138] d3=29 [mm] (approximately 0.5 wavelength)). Wang, Hefele, and Uno are analogous art because they all pertain to antenna assembly. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to antennas at a specific distance (as taught by Uno) resulting in predictable result of making sure antenna elements effectively match. In regard to claim 4, Combination of Wang, Hefele, and Uno teach the device for reading UHF RFID signals as claimed in claim 1, wherein the first rod element and the second rod element are arranged at a distance of half a wavelength of the UHF signals from one another (Uno, Fig. 12, Para. 130-138, Here, parameters constituting the antenna apparatus shown in FIG. 12 will be set as follows. [0131] .epsilon.r=2.6 [0132] t=1.5 [mm] [0133] Wd=80 [mm] (approximately 1.4 wavelength) [0134] Wp=15.5 [mm] [0135] D=1 [mm] [0136] L=29 [mm] (approximately 0.5 wavelength) [0137] d1=29 [mm] (approximately 0.5 wavelength) [0138] d3=29 [mm] (approximately 0.5 wavelength)). In regard to claim 5, Combination of Wang, Hefele, and Uno teach the device for reading UHF RFID signals as claimed in claim 1, wherein the feed network is designed in such a way that UHF RFID signals are able to be applied between the plate element and the second rod element by the voltage source, the phases of said signals being identical to the UHF RFID signals applied between the plate element and the first rod element (Uno, Para. 40, The adaptive processor 204 controls the weight adjustors 202a to 202d based on signals received from the mono-pole array and signals output from the power distributor/combiner 203. More specifically, the adaptive processor 204 calculates the amplitudes and phases of signals received by the mono-pole array, measures power of signals output from the power distributor/combiner 203 and controls the weight adjustors 202a to 202d so that the power (level) of the signal output from the power distributor/combiner 203 becomes a maximum to thereby adjust the phases and amplitudes of the signals for feeding the mono-pole antennas 104a to 104d). In regard to claim 6, Combination of Wang, Hefele, and Uno teach the device for reading UHF RFID signals as claimed in claim 1, wherein the feed network is designed in such a way that UHF RFID signals are able to be applied between the plate element and the second rod element by the voltage source, the amplitudes of said signals being identical to the UHF RFID signals applied between the plate element and the first rod element (Uno, Para. 40, The adaptive processor 204 controls the weight adjustors 202a to 202d based on signals received from the mono-pole array and signals output from the power distributor/combiner 203. More specifically, the adaptive processor 204 calculates the amplitudes and phases of signals received by the mono-pole array, measures power of signals output from the power distributor/combiner 203 and controls the weight adjustors 202a to 202d so that the power (level) of the signal output from the power distributor/combiner 203 becomes a maximum to thereby adjust the phases and amplitudes of the signals for feeding the mono-pole antennas 104a to 104d). In regard to claim 7, Combination of Wang, Hefele, and Uno teach the device for reading UHF RFID signals as claimed in claim 1, wherein the monopole antenna has a third and a fourth electrically conductive rod element that are each arranged perpendicular to the plate element, and in that the third rod element and the fourth rod element are arranged at a distance of one quarter to three-quarters of the wavelength of the UHF signals from one another, and in that a connecting line between the first and the second rod element and a connecting line between the third and the fourth rod element each intersect halfway along their extent, and in that the two connecting lines are arranged orthogonally with respect to one another (Uno, Fig. 2, Para. 36, Mono-pole antennas 104a to 104d are copper wires having a diameter D, length L, spaced uniformly (element distance d1) on the diagonals of the MSA element 103 and set perpendicular to the dielectric substrate 101. Hereinafter, the mono-pole antennas 104a to 104d may be collectively called a "mono-pole array."). In regard to claim 8, Combination of Wang, Hefele, and Uno teach the device for reading UHF RFID signals as claimed in claim 7, wherein the third rod element and the fourth rod element are arranged at a distance of half a wavelength of the UHF signals from one another (Uno, Fig. 12, Para. 130-138, Here, parameters constituting the antenna apparatus shown in FIG. 12 will be set as follows. [0131] .epsilon.r=2.6 [0132] t=1.5 [mm] [0133] Wd=80 [mm] (approximately 1.4 wavelength) [0134] Wp=15.5 [mm] [0135] D=1 [mm] [0136] L=29 [mm] (approximately 0.5 wavelength) [0137] d1=29 [mm] (approximately 0.5 wavelength) [0138] d3=29 [mm] (approximately 0.5 wavelength)).. In regard to claim 9, Combination of Wang, Hefele, and Uno teach the device for reading UHF RFID signals as claimed in claim 7, wherein the feed network is designed in such a way that UHF RFID signals are able to be applied between the plate element and the third rod element, and the plate element-and the fourth rod element, by the voltage source, the signals being phase-shifted by 180° with respect to the UHF RFID signals applied between the plate element-and the first rod element (Uno, Para. 58, For the radiating pattern of the mono-pole array at this time, the phases of the mono-pole antennas 104a and 104c are set to 0.degree. and the phases of the mono-pole antennas 104b and 104d are set to 180.degree. so that the azimuth angle .phi. in the maximum radiating direction becomes 0.degree.). In regard to claim 10, Combination of Wang, Hefele, and Uno teach the device for reading UHF RFID signals as claimed in claim 7, wherein the feed network is designed in such a way that UHF RFID signals are able to be applied between the plate element and the third rod element, and the plate element and the fourth rod element, by the voltage source, the signals being of the same amplitude as the UHF RFID signals applied between the plate element and the first rod element (Uno, Para. 40, The adaptive processor 204 controls the weight adjustors 202a to 202d based on signals received from the mono-pole array and signals output from the power distributor/combiner 203. More specifically, the adaptive processor 204 calculates the amplitudes and phases of signals received by the mono-pole array, measures power of signals output from the power distributor/combiner 203 and controls the weight adjustors 202a to 202d so that the power (level) of the signal output from the power distributor/combiner 203 becomes a maximum to thereby adjust the phases and amplitudes of the signals for feeding the mono-pole antennas 104a to 104d). In regard to claim 14, Combination of Wang, Hefele, and Uno teach the device for reading UHF RFID signals as claimed in claim 1, wherein a radiation characteristic and/or a radiation direction of the at least one antenna are/is variable, due to the voltage source (Uno, Para. 65-66, when the directivity is preferred to be directed to a low angle of elevation direction with an angle of elevation .theta. of 45.degree. or above, the mono-pole array is selected as the operating antenna. Thus, by selecting and operating either the MSA element 103 or the mono-pole array, it is possible to obtain a sufficient gain of 4 [dBi] or above in all directions over the hemisphere face in the +Z direction; a microstrip antenna is placed on the surface of a dielectric substrate, four mono-pole antennas are spaced uniformly around the microstrip antenna and perpendicular to the dielectric substrate plane to thereby form a mono-pole array, and the microstrip antenna and mono-pole array are selectively fed to realize an antenna apparatus which can obtain a high gain in all directions over the hemisphere face in the +Z direction). In regard to claim 16, Combination of Wang, Hefele, and Uno teach the device for reading UHF RFID signals as claimed in claim 1, wherein the feed network and/or the voltage source are/is integrated in a housing arranged on that side of the plate element that is remote from the rod elements (Wang, Para. 139, Electronics associated with the antenna (e.g. electronic chips, circuitry, cabling, etc, which may form part of the RFID reader, its controller, etc) should preferably be mounted (or otherwise located) vertically underneath the ground plane 24-3 (or beneath the dielectric layer 24-4 and/or ground shield (if present))). Allowable Subject Matter Claim 13 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims and above mentioned 112 rejection is resolved. Claims 15 and 20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHARMIN AKHTER whose telephone number is (571)272-9365. The examiner can normally be reached on Monday - Thursday 8:00am-5:00pm EST. 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, Davetta W Goins can be reached on (571) 272.2957. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /SHARMIN AKHTER/ Examiner, Art Unit 2689
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Prosecution Timeline

Nov 25, 2024
Application Filed
May 19, 2026
Non-Final Rejection mailed — §103, §112 (current)

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