DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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.
Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception without significantly more. The claim(s) recite(s) associating identifiers/tags with personal objects; storing information regarding the objects; determining whether an object is missing; comparing detected objects against a list or collection; generating reminders or notifications based on context, location, or time. This judicial exception is not integrated into a practical application because these limitations describe concepts that can be practically performed in the human mind or with pen and paper, such as checking whether one has packed al necessary belongings before leaving home or traveling maintaining a checklist of personal items and reminding oneself to retrieve forgotten objects. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because a mobile device; wireless tags/transmitters; processors; memory; communication interfaces; and notification interfaces. These additional elements merely use generic computer technology as a tool to implement the abstract idea, which it merely automates longstanding human practice relating to remembering organizing and tracking personal belongings. Therefore, the claims fail to integrate the abstract idea into a practical application.
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 1-4, 8-10, and 15-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3, 10, and 28 of U.S. Patent No. 11,388,569 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the same inventive concept has been claimed as shown in the table list below:
1. A method, comprising: receiving, at an application hosted by an electronic device, an identifier corresponding to a wireless chip unit, wherein the wireless chip unit is associated with an object; associating, by the application, the identifier with an image that is representative of the object; and presenting, on a display of the electronic device, a selectable item corresponding to the wireless chip unit, wherein the selectable item comprises at least a portion of the image, and wherein the selectable item is configured to indicate whether the wireless chip unit is within a threshold distance of the electronic device.
2. The method of claim 1, wherein the indication of whether the wireless chip unit is within the threshold distance of the electronic device comprises.
3. The method of claim 1, further comprising: receiving, via a user interface, an input selecting the selectable item; and initiating, responsive to the input, sending of a signal to the wireless chip unit, the signal being addressed to the wireless chip unit based at least in part on an association of the identifier with the selectable item.
4. The method of claim 3, wherein the signal is generated according to a short-range wireless protocol.
8. The method of claim 1, further comprising: presenting, on the display, one or more additional selectable items corresponding to one or more respective additional wireless chip units, wherein each of the one or more additional selectable items and the selectable item are independently selectable.
10. The method of claim 1, further comprising generating, by the application, the image.
1. A method for locating an object, the method comprising: via an application executed on a mobile electronic device that includes a camera and a short range transceiver: associating a text string with a wireless chip unit that is associated with the object, the wireless chip unit comprising a wireless chip; associating an image with the wireless chip unit, the image being representative of the object, the image being generated by the application on the mobile electronic device; storing, in a memory of the mobile electronic device, the text string and the image; presenting, on a display of the mobile electronic device, a selectable item corresponding to the wireless chip unit, the selectable item comprising at least one of a portion of the text string and a portion of the image, the selectable item further being configured to indicate whether the wireless chip unit is within a threshold distance of the short range transceiver of the mobile electronic device; receiving input selecting the selectable item; and initiating, responsive to the input selecting the selectable item, sending a signal to the wireless chip unit, the signal being addressed to the wireless chip unit based on an association of the input with the object.
9. The method of claim 1, wherein the image is acquired by a camera of the electronic device.
3. The method of claim 2, further comprising capturing the photograph of the object with a camera of the mobile electronic device.
15. A system for locating an object using an electronic device that includes a memory, a display, and a short-range transceiver, the system comprising: an application executable on the electronic device, the application being configured to: receive, at an application hosted by an electronic device, an identifier corresponding to a wireless chip unit, wherein the wireless chip unit is associated with an object; associate, by the application, the identifier with an image that is representative of the object; and present, on a display of the electronic device, a selectable item corresponding to the wireless chip unit, wherein the selectable item comprises at least a portion of the image, and wherein the selectable item is configured to indicate whether the wireless chip unit is within a threshold distance of the electronic device.
16. The system of claim 15, wherein the indication of whether the wireless chip unit is within the threshold distance of the electronic device comprises.
17. The system of claim 15, wherein the application is further configured to: receive, via a user interface, an input selecting the selectable item; and initiate, responsive to the input, sending of a signal to the wireless chip unit, the signal being addressed to the wireless chip unit based at least in part on an association of the identifier with the selectable item.
28. A system for locating an object using a mobile electronic device that includes a camera and a short range transceiver, the system comprising: a wireless chip unit configured to be associated with the object, the wireless chip unit comprising a wireless chip; and an application for execution on the mobile electronic device, the application being configured to: associate a text string with the wireless chip unit that is associated with the object; associate an image with the wireless chip unit, the image being representative of the object, the image being acquired by the camera of the mobile electronic device and generated by the application; store, in a memory of the mobile electronic device, the text string and the image; present, on a display of the mobile electronic device, a selectable item corresponding to the wireless chip unit, the selectable item comprising at least one of a portion of the text string or a portion of the image, the selectable item further being configured to indicate whether the wireless chip unit is within a threshold distance of the mobile electronic device; receive input selecting the selectable item; and initiate, responsive to the input selecting the selectable item, sending a signal to the wireless chip unit, the signal being addressed to the wireless chip unit based on an association of the input with the object.
18. A non-transitory computer-readable storage medium storing instructions that, when executed by one or more processors of an electronic device, cause the electronic device to perform operations comprising: receiving, at an application hosted by an electronic device, an identifier corresponding to a wireless chip unit, wherein the wireless chip unit is associated with an object; associating, by the application, the identifier with an image that is representative of the object; and presenting, on a display of the electronic device, a selectable item corresponding to the wireless chip unit, wherein the selectable item comprises at least a portion of the image, and wherein the selectable item is configured to indicate whether the wireless chip unit is within a threshold distance of the electronic device.
19. The non-transitory computer-readable storage medium of claim 18, wherein the indication of whether the wireless chip unit is within the threshold distance of the electronic device comprises.
20. The non-transitory computer-readable storage medium of claim 18, wherein the operations further comprise: receiving, via a user interface, an input selecting the selectable item; and initiating, responsive to the input, sending of a signal to the wireless chip unit, the signal being addressed to the wireless chip unit based at least in part on an association of the identifier with the selectable item.
10. A method for locating an object, the method comprising: via an application executed on a mobile electronic device that includes a camera and a short range transceiver: associating a text string with a wireless chip unit that is associated with the object, the wireless chip unit comprising a wireless chip; associating an image with the wireless chip unit, the image being representative of the object, the image being acquired by the camera of the mobile electronic device; storing, in a memory of the mobile electronic device, the text string and the image; presenting, on a display of the mobile electronic device, a graphical item corresponding to the wireless chip unit, the graphical item comprising at least one of a portion of the text string and a portion of the image and being selectable from the display, the graphical item further indicating whether the wireless chip unit is within a threshold distance of the short range transceiver of the mobile electronic device; receiving input selecting the graphical item from the display; and initiating, responsive to the input selecting the graphical item, sending a signal to the wireless chip unit, the signal being addressed to the wireless chip unit based on an association of the input with the object.
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 pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained through the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-20 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Caporizzo et al. (Pub # US 2013/0015971 A1), and further in view of Trimble et al. (Pub # US2002/0126010 A1).
Consider claim 1, Caporizzo et al. teaches a method, comprising: receiving, at an application hosted by an electronic device, an identifier corresponding to a wireless chip unit, wherein the wireless chip unit is associated with an object [0013-0014]; associating, by the application, the identifier has been assigned with label that is representative of the object [0015]; and presenting, on a display of the electronic device, a selectable item corresponding to the wireless chip unit, wherein the selectable item comprises at least a label, and wherein the selectable item is configured to indicate whether the wireless chip unit is within a threshold distance of the electronic device [0020, 0035, and 0047].
Caporizzo does not teach by the application, the identifier with an image that is representative of the object.
In the same field of endeavor, Trimble et al. teaches the identifier with an image (icon) that is representative of the object [0102] for the benefit incorporate the described image represent into the displayed selectable entries to facilitate intuitive object as a substitute to labels identification by users.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include the identifier with an image that is representative of the object as shown in Trimble et al., in Caporizzo method for the benefit incorporate the described image represent into the displayed selectable entries to facilitate intuitive object as a substitute to labels identification by users.
Consider claim 2, Caporizzo clearly shows and disclose the method, wherein the indication of whether the wireless chip unit is within the threshold distance of the electronic device comprises [0044].
Consider claim 3, Caporizzo clearly shows and disclose the method, further comprising: receiving, via a user interface, an input selecting the selectable item; and initiating, responsive to the input, sending of a signal to the wireless chip unit, the signal being addressed to the wireless chip unit based at least in part on an association of the identifier with the selectable item [0018, 0030, and 0045].
Consider claim 4, Caporizzo clearly shows and disclose the method, wherein the signal is generated according to a short-range wireless protocol [0026].
Consider claim 5, Caporizzo clearly shows and disclose the method, wherein the short-range wireless protocol comprises a wideband protocol [0025].
Consider claim 6, Caporizzo teaches the similar invention.
Caporizzo does not teach the method, wherein the wireless chip unit is configured to vibrate upon receipt of the signal.
In the same field of endeavor, Trimble et al. teaches wherein the wireless chip unit is configured to vibrate upon receipt of the signal [0123] for the benefit of providing tactile feedback to alerting the user.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include wherein the wireless chip unit is configured to vibrate upon receipt of the signal as shown in Trimble et al., in Caparizzo method for the benefit of providing tactile feedback to alerting the user.
Consider claim 7, Caprizzo clearly shows and disclose the method, wherein the display comprises a touch screen (inherent in smartphone device), and wherein the selectable item is selectable via touch [0068].
Consider claim 8, Caprizzo clearly shows and disclose the method, further comprising: presenting, on the display, one or more additional selectable items corresponding to one or more respective additional wireless chip units, wherein each of the one or more additional selectable items and the selectable item are independently selectable [0015] (Fig. 1).
Consider claims 9 and 10, Caprizzo teaches the method, including the smartphone wherein the image is acquired by a camera of the electronic device and comprising generating, by the application, the image is a well-known conventional smartphone function at the time of the invention. Wherein incorporating such know image acquisition/generating into the object-management interface of Caporizzo would have been obvious to improve usability and visual identification of tracked object.
Consider claim 11, Caporizzo clearly shows and disclose the method, further comprising networked/mobile tracking system communicating tracking information across computing systems, wherein transmitting of object-associated information to a remote server for synchronization or storage was well understood and conventional [0061 and 0064].
Consider claim 12. Caporizzo clearly shows and disclose the method, wherein the selectable item graphically (tag information and direction) indicates whether the wireless chip unit is within the threshold distance of the electronic device (Fig. 4) [0055].
Consider claims 13 and 14, Caporizzo teach the method, further comprising receiving, by the application, the image from a second electronic device, wherein the second electronic device is a server. The above limitations are the inherent property for conventional mobile network computing system as disclosed in Caporizzo reference [0068] and would have been obvious for synchronization and multi device access purpose.
Consider claim 15, Caporizzo teaches a system for locating an object using an electronic device (smartphone) that includes a memory, a display, and a short-range transceiver (inherent in smartphone) [0068], the system comprising: an application executable on the electronic device, the application being configured to: receive, at an application hosted by an electronic device, an identifier corresponding to a wireless chip unit, wherein the wireless chip unit is associated with an object [0015]; associate, by the application, the identifier with an text label that is representative of the object [0036]; and present, on a display of the electronic device (110, Fig. 1), a selectable item corresponding to the wireless chip unit, wherein the selectable item comprises at least a portion of the text label [0040], and wherein the selectable item is configured to indicate whether the wireless chip unit is within a threshold distance of the electronic device [0052].
Caporizzo does not teach by the application, the identifier with an image that is representative of the object.
In the same field of endeavor, Trimble et al. teaches the identifier with an image (icon) that is representative of the object [0102] for the benefit incorporate the described image represent into the displayed selectable entries to facilitate intuitive object as a substitute to labels identification by users.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include the identifier with an image that is representative of the object as shown in Trimble et al., in Caporizzo device for the benefit incorporate the described image represent into the displayed selectable entries to facilitate intuitive object as a substitute to labels identification by users.
Consider claim 16, Caporizzo clearly shows and disclose the system, wherein the indication of whether the wireless chip unit is within the threshold distance of the electronic device comprises [0044].
Consider claim 17, Caporizzo clearly shows and disclose the system, wherein the application is further configured to: receiving, via a user interface, an input selecting the selectable item; and initiating, responsive to the input, sending of a signal to the wireless chip unit, the signal being addressed to the wireless chip unit based at least in part on an association of the identifier with the selectable item [0018, 0030, and 0045].
Consider claim 18, Caporizzo et al. teaches a non-transitory computer-readable storage medium storing instructions that, when executed by one or more processors of an electronic device, cause the electronic device to perform operations comprising [0058], comprising: receiving, at an application hosted by an electronic device, an identifier corresponding to a wireless chip unit, wherein the wireless chip unit is associated with an object [0013-0014]; associating, by the application, the identifier has been assigned with label that is representative of the object [0015]; and presenting, on a display of the electronic device, a selectable item corresponding to the wireless chip unit, wherein the selectable item comprises at least a label, and wherein the selectable item is configured to indicate whether the wireless chip unit is within a threshold distance of the electronic device [0020, 0035, and 0047].
Caporizzo does not teach by the application, the identifier with an image that is representative of the object.
In the same field of endeavor, Trimble et al. teaches the identifier with an image (icon) that is representative of the object [0102] for the benefit incorporate the described image represent into the displayed selectable entries to facilitate intuitive object as a substitute to labels identification by users.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include the identifier with an image that is representative of the object as shown in Trimble et al., in Caporizzo device for the benefit incorporate the described image represent into the displayed selectable entries to facilitate intuitive object as a substitute to labels identification by users.
Consider claim 19, Caporizzo clearly shows and disclose the non-transitory computer-readable storage medium, wherein the indication of whether the wireless chip unit is within the threshold distance of the electronic device comprises [0044].
Consider claim 20, Caporizzo clearly shows and disclose the non-transitory computer-readable storage medium, wherein the application is further configured to: receiving, via a user interface, an input selecting the selectable item; and initiating, responsive to the input, sending of a signal to the wireless chip unit, the signal being addressed to the wireless chip unit based at least in part on an association of the identifier with the selectable item [0018, 0030, and 0045].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACK K WANG whose telephone number is (571)272-1938. The examiner can normally be reached M-F 9AM - 5PM.
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/JACK K WANG/Primary Examiner, Art Unit 2686
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