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 .
Response to Arguments
Applicant’s arguments with respect to claims 1, 5-8, 10-11, 15-18 and 20-23 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 5, 7-8, 11, 15, and 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Shiobara et al. (US 2018/0092136, hereinafter “Shiobara”) in view of Ullrich et al. (US 2014/0281954, hereinafter “Ullrich”) and Hong et al. (US 2019/0131691, hereinafter “Hong”). Regarding claim 1, Shiobara discloses a method in a computing device, the method comprising (Figs. 1, 9 and 10, [0125-0137]): setting, at a controller of the computing device, a first antenna of a short-range wireless communication assembly to a first state by setting the first antenna to a low-power state in which the first antenna is disabled and no polling cycle is initiated while a second antenna of the short-range wireless communication assembly remains active (Figs. 1, 9, 10 and 11B, Step S8, [0060, 0136], first NFC antenna 60 (or one of first antennas 65A-D in Fig. 10, e.g., antenna 65B) is deactivated (low-power state) in a first state by main control section 10; [0116, 0140, 0166], deactivated antennas do not emit radio signal and no polling occurs; [0166], second NFC antenna 65A is activated); obtaining, at the controller, sensor data associated with an object adjacent to the computing device including touch-panel capacitance data (Figs. 1, 9 and 10, steps S1 and S2, [0034, 0066-0067, 0127-0128], sensing unit 51 detects touch-panel 50 capacitance to determine when NF tag 160 as an object is adjacent to the computing device or mobile terminal 1 and specific antenna from antennas 65A-D ([0155])); determining at the controller, whether the sensor data satisfies a criterion indicating that the object is a short-range communication device (Figs. 1, 5A, 5B, and 9, [0034, 0125-0127], controller as main control section 10 uses sensor data of capacitance distribution is Figs. 5A, B to satisfy criterion of object distance being within proximity to mobile terminal 1 and a specific NFC antenna 65A-D to establish NFC communication between antenna 65A-D and NFC tag 160); and when the sensor data satisfies the criterion, setting the first antenna to a second state by controlling the first antenna to initiate a polling cycle for communicating with the short-range communication device and disabling the second antenna (Figs. 1, 9 and 10, steps S6 and S7, [0134-0135], communication availability determination unit 15 determines when the sensor data satisfies the criterion to establish near field communication with the first antenna 65B and initiates a polling cycle for communicating with the short-range communication device while disabling the second antenna 65A [0034, 0166]).
Shiobara does not explicitly disclose obtaining, at the controller, sensor data associated with an object adjacent to the computing device including at least one of an image from a camera of the computing device, and orientation of the computing device from an inertial measurement unit (IMU), or a proximity measurement from a magnetic sensor. Ullrich teaches detecting sensor data at a controller of an object adjacent to a computing device using a capacitive panel in combination with optical cameras ([0024], “the touch-sensitive display 250 may comprise or be in communication with a resistive panel, a capacitive panel, infrared LEDs, photodetectors, image sensors, optical cameras, or a combination thereof. Thus, the touch-sensitive display 250 may incorporate any suitable technology to determine a contact on a touch-sensitive surface such as, for example, resistive, capacitive, infrared, optical, thermal, dispersive signal, or acoustic pulse technologies, or a combination thereof”; Fig. 2, [0003, 0018-0019], processor 220 is controller performing the method and receiving sensor data for further processing). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Shiobara to have obtaining, at the controller, sensor data associated with an object adjacent to the computing device including at least one of an image from a camera of the computing device, and orientation of the computing device from an inertial measurement unit (IMU), or a proximity measurement from a magnetic sensor, such as taught by Ullrich, for the purpose of verifying the sensor data by using two detection technologies. Shiobara as modified by Ullrich does not explicitly disclose wherein the first antenna is a forward-facing antenna and the second antenna is a rear-facing antenna. Hong teaches having both forward facing and rear facing antennas for detecting NFC from front and back directions of the electronic device (Fig. 1A, [0039-0041], plurality of antenna arrays having a first forward direction f and second backward direction r). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Shiobara as modified by Ullrich to have the antenna array formed as a first forward facing antenna and a second rearward facing antenna and activating a first front-facing antenna of a short-range wireless communication assembly when an object comes within proximity of such antenna, such as taught by Hong, for the purpose of detecting a NFC tag approaching the electronic device in a front (or rear) direction of the electronic device and deactivating the rear facing antenna when an object comes within proximity of the forward facing antenna or vice-versa. Regarding claim 5, Shiobara as modified by Ullrich and Hong discloses the method of claim 1, further comprising: determining that a communication with the short-range communication device is complete (Shiobara, Figs. 1, 9 and 10, Steps S7 and S8, [0060, 0136], NFC antenna 60 (or 65A-D in Fig. 10) is deactivated in a first state by main control section 10 when NFC or short-range communication is complete); and setting the first antenna to the first state (Shiobara, Figs. 1, 9 and 10, Steps S7 and S8, [0060, 0136], NFC antenna 60 (or 65B in Fig. 10) is deactivated in a first state by main control section 10 when NFC or short-range communication is complete).
Regarding claim 7, Shiobara as modified by Ullrich and Hong discloses the method of claim 1, wherein obtaining the sensor data includes: determining a position and a size of an object detected by the sensor (Shiobara, Figs. 1, 5A-B, 9 and 10, [0061, 0066-0068, 0072, 0076], tag position and shape identifying unit detects the position and size of an object from capacitance distribution such as a rectangular shape and size from capacitive touch panel 50 as the sensor).
Regarding claim 8, Shiobara as modified by Ullrich and Hong discloses the method of claim 7, wherein determining whether the sensor data corresponds to a short-range communication device includes: determining whether at least one of the position and the size satisfies the criterion (Shiobara, Figs. 1, 5A, 5B, and 9, [0125-0127], controller as main control section 10 uses sensor data of capacitance distribution is Figs. 5A, B to satisfy criterion of object distance and position (i.e., criterion) being within proximity to mobile terminal 1 and a specific NFC antenna 65A-D to establish NFC communication between antenna 65A-D and NFC tag 160). Regarding claim 11, Shiobara discloses a computing device, comprising (Figs. 1, 9 and 10, [0125-0137]): a short-range wireless communication assembly including a first antenna and a second antenna (Figs. 1, 9 and 10, [0030, 0059], main control section 10 with first NFC antenna 60 (or one of first antennas 65A-D in Fig. 10, e.g., antenna 65B) and a second antenna 65A); a sensor (Figs. 1, 9 and 10, [0031], capacitive touch panel 50); and a processor configured to (Figs. 1, 9 and 10, [0060], CPU of main control section 10): set the first antenna to a first state by setting the first antenna to a low-power state in which the first antenna is disabled and no polling cycle is initiated while a second antenna of the short-range wireless communication assembly remains active (Figs. 1, 9, 10 and 11B, Step S8, [0060, 0136], NFC antenna 60 (or one of first antennas 65A-D in Fig. 10, e.g., antenna 65B) is deactivated (low-power state) in a first state by main control section 10; [0116, 0140, 0166], deactivated antennas do not emit radio signal and no polling occurs; [0166], second NFC antenna 65A is activated); obtain, from the sensor, sensor data associated with an object adjacent to the computing device including touch-panel capacitance data (Figs. 1, 9 and 10, steps S1 and S2, [0034, 0066, 0127-0128], sensing unit 51 detects touch-panel 50 capacitance to determine when NF tag 160 as an object is adjacent to the computing device or mobile terminal 1 and specific antenna from antennas 65A-D ([0155])); determine whether the sensor data satisfies a criterion indicating that the object is a short-range communication device (Figs. 1, 5A, 5B, and 9, [0034, 0125-0127], controller as main control section 10 uses sensor data of capacitance distribution is Figs. 5A, B to satisfy criterion of object distance being within proximity to mobile terminal 1 and a specific NFC antenna 65A-D to establish NFC communication between antenna 65A-D and NFC tag 160); and when the sensor data satisfies the criterion, set the first antenna to a second state by controlling the first antenna to initiate a polling cycle for communicating with the short-range communication device and disabling the second antenna (Figs. 1, 9 and 10, steps S6 and S7, [0134-0135], communication availability determination unit 15 determines when the sensor data satisfies the criterion to establish near field communication with the first antenna 65B and initiates a polling cycle for communicating with the short-range communication device while disabling the second antenna 65A [0034, 0166]).
Shiobara does not explicitly disclose to obtain, from the sensor, sensor data associated with an object adjacent to the computing device including at least one of an image from a camera of the computing device, and orientation of the computing device from an inertial measurement unit (IMU), or a proximity measurement from a magnetic sensor. Ullrich teaches detecting sensor data at a controller of an object adjacent to a computing device using a capacitive panel in combination with optical cameras ([0024], “the touch-sensitive display 250 may comprise or be in communication with a resistive panel, a capacitive panel, infrared LEDs, photodetectors, image sensors, optical cameras, or a combination thereof. Thus, the touch-sensitive display 250 may incorporate any suitable technology to determine a contact on a touch-sensitive surface such as, for example, resistive, capacitive, infrared, optical, thermal, dispersive signal, or acoustic pulse technologies, or a combination thereof”; Fig. 2, [0003, 0018-0019], processor 220 is controller performing the method and receiving sensor data for further processing). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the computing device of Shiobara to obtain, from the sensor, sensor data associated with an object adjacent to the computing device including at least one of an image from a camera of the computing device, and orientation of the computing device from an inertial measurement unit (IMU), or a proximity measurement from a magnetic sensor, such as taught by Ullrich, for the purpose of verifying the sensor data by using two detection technologies. Shiobara as modified by Ullrich does not explicitly disclose wherein the first antenna is a forward-facing antenna and the second antenna is a rear-facing antenna. Hong teaches having both forward facing and rear facing antennas for detecting NFC from front and back directions of the electronic device (Fig. 1A, [0039-0041], plurality of antenna arrays having a first forward direction f and second backward direction r). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Shiobara as modified by Ullrich to have the antenna array formed as a first forward facing antenna and a second rearward facing antenna and activating a first front-facing antenna of a short-range wireless communication assembly when an object comes within proximity of such antenna, such as taught by Hong, for the purpose of detecting a NFC tag approaching the electronic device in a front (or rear) direction of the electronic device and deactivating the rear facing antenna when an object comes within proximity of the forward facing antenna or vice-versa. Regarding claim 15, this claim is rejected for the same reasons recited with respect to the rejection of claim 5. Regarding claim 17, Shiobara as modified by Ullrich and Hong discloses the computing device of claim 11, wherein the sensor includes the touch panel (Shiobara, Figs. 1, 9 and 10, [0031], capacitive touch panel 50); and wherein the processor is configured to obtain the sensor data by (Shiobara, Figs. 1, 9 and 10, [0031, 0060], processor as CPU of main control section 10 obtains capacitance sensor data from capacitive touch panel 50): determining a position and a size of an object detected by the touch panel (Shiobara, Figs. 1, 5A-B, 9 and 10, [0061, 0066-0068, 0072, 0076], tag position and shape identifying unit detects the position and size of an object from capacitance distribution of capacitive touch panel 50 such as a rectangular shape and size).
Regarding claim 18, this claim is rejected for the same reasons recited with respect to the rejection of claim 8.
Claims 6 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Shiobara in view of Ullrich and Hong as applied to claims 1, 5, 7-8, 11, 15, and 17-18, and further in view of Vanderwall et al. (US 2012/0036076, hereinafter “Vanderwall”). Regarding claim 6, Shiobara as modified by Ullrich and Hong discloses the method of claim 1, further comprising: setting the first antenna to the first state (Shiobara, Figs. 1, 9 and 10, Steps S7 and S8, [0060, 0136], first NFC antenna 60 (or 65B in Fig. 10) is deactivated in a first state by main control section 10 when NFC or short-range communication is complete). Shiobara does not explicitly disclose determining that a timeout period has elapsed prior to completion of the communication with the short-range communication device is complete. Vanderwall teaches determining that a timeout period has elapsed prior to completion of the communication with the short-range communication device is complete (Fig. 11, [0114], NFC – enabled wireless device at step 1116 determines at steps 1116 and 1118 whether a timeout period elapses to determine completion of communication at step 1128 [0115]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Shiobara as modified by Ullrich and Hong to have determining that a timeout period has elapsed prior to completion of the communication with the short-range communication device is complete, such as taught by Vanderwall, for the purpose of determining whether to continue a short-range communication or not. Regarding claim 16, this claim is rejected for the same reasons recited with respect to the rejection of claim 6.
Claims 10 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Shiobara in view of Ullrich and Hong as applied to claims 1, 5, 7-8, 11, 15, and 17-18, and further in view of Cobb et al. (US 2013/0108145, hereinafter “Cobb”).
Regarding claim 10, Shiobara as modified by Ullrich and Hong discloses the method of claim 1, but does not explicitly disclose wherein determining whether the sensor data corresponds to a short-range communication device includes: executing a classifier based on the sensor data to generate a likelihood that the sensor data corresponds to the short-range communication device.
Cobb teaches for device classification decisions to use a maximum likelihood classifier ([0057]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Shiobara as modified by Ullrich and Hong to have wherein determining whether the sensor data corresponds to a short-range communication device includes executing a classifier based on the sensor data to generate a likelihood that the sensor data corresponds to the short-range communication device, such as taught by Cobb, for the purpose of training the processor analyzing sensor data to classify the object being used in the short-range communication. Regarding claim 20, this claim is rejected for the same reasons recited with respect to the rejection of claim 10.
Claims 21-23 are rejected under 35 U.S.C. 103 as being unpatentable over Shiobara in view of Hong, Ullrich, Cobb and Grokop et al. (US 2014/0143579, hereinafter “Grokop”).
Regarding claim 21, Shiobara discloses a method in a computing device, the method comprising (Figs. 1, 9 and 10, [0125-0137]): activating an antenna of a short-range wireless communication assembly (Figs. 1, 9 and 10, Steps S6 and S7, [0134-0135], communication availability determination unit 15 determines when the sensor data satisfies the criterion to establish near field communication, and antenna control unit 16 activates specific NFC antenna 65A-D in a second active state [0166]); obtaining, at a controller of the computing device, sensor data associated with an object adjacent to the computing device including touch-panel capacitance data (Figs. 1, 9 and 10, steps S1 and S2, [0034, 0066, 0127-0128], sensing unit 51 detects touch-panel 50 capacitance to determine when NF tag 160 as an object is adjacent to the computing device or mobile terminal 1 and specific antenna from antennas 65A-D ([0155])); determining, at the controller, whether the sensor data satisfies a criterion indicating that the object is a short-range communication device (Figs. 1, 5A, 5B, and 9, [0034, 0125-0127], controller as main control section 10 uses sensor data of capacitance distribution is Figs. 5A, B to satisfy criterion of forward object distance being within proximity to mobile terminal 1 and a specific NFC antenna 65A-D to establish NFC communication between antenna 65A-D and NFC tag 160); and when the sensor data satisfies the criterion, disabling the antenna (Figs. 1, 9 and 10, Step S8, [0034, 0060, 0136, 0166], NFC antenna 60 (or antennas 65A-D in Fig. 10) is deactivated in a first state by main control section 10 when NFC tag 160 is not within proximity distance to other antennas other than a specific antenna 65A-D, the other antennas are disabled). Shiobara does not explicitly disclose activating a rear-facing antenna of a short-range wireless communication assembly. Hong teaches having both forward facing and rear facing antennas for detecting NFC from front and back directions of the electronic device (Fig. 1A, [0039-0041], plurality of antenna arrays having a first forward direction f and second backward direction r). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Shiobara to have the antenna array formed as a forward facing antenna and a rearward facing antenna and activating a rear-facing antenna of a short-range wireless communication assembly, such as taught by Hong, for the purpose of detecting a NFC tag approaching the electronic device in a rear direction of the electronic device and deactivating the rear facing antenna when an object comes within proximity of the forward facing antenna.
Shiobara as modified by Hong does not explicitly disclose to obtain, from the sensor, sensor data associated with an object adjacent to the computing device including at least one of an image from a camera of the computing device, and orientation of the computing device from an inertial measurement unit (IMU), or a proximity measurement from a magnetic sensor. Ullrich teaches detecting sensor data at a controller of an object adjacent to a computing device using a capacitive panel in combination with optical cameras ([0024], “the touch-sensitive display 250 may comprise or be in communication with a resistive panel, a capacitive panel, infrared LEDs, photodetectors, image sensors, optical cameras, or a combination thereof. Thus, the touch-sensitive display 250 may incorporate any suitable technology to determine a contact on a touch-sensitive surface such as, for example, resistive, capacitive, infrared, optical, thermal, dispersive signal, or acoustic pulse technologies, or a combination thereof”; Fig. 2, [0003, 0018-0019], processor 220 is controller performing the method and receiving sensor data for further processing). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Shiobara as modified by Hong to obtain, from the sensor, sensor data associated with an object adjacent to the computing device including at least one of an image from a camera of the computing device, and orientation of the computing device from an inertial measurement unit (IMU), or a proximity measurement from a magnetic sensor, such as taught by Ullrich, for the purpose of verifying the sensor data by using two detection technologies. Shiobara as modified by Hong and Ullrich does not explicitly disclose determining, at the controller, whether the sensor data satisfies a criterion indicating that the object is a short-range communication device by executing a classifier based on the sensor data to generate a likelihood that the sensor data corresponds to the short-range communication device. Cobb teaches for device classification decisions to use a maximum likelihood classifier ([0057]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Shiobara as modified by Hong and Ullrich to have wherein determining whether the sensor data corresponds to a short-range communication device includes executing a classifier based on the sensor data to generate a likelihood that the sensor data corresponds to the short-range communication device, such as taught by Cobb, for the purpose of training the processor analyzing sensor data to classify the object being used in the short-range communication. Shiobara as modified by Hong, Ullrich, and Cobb does not teach comparing the likelihood with a threshold. Grokop teaches comparing the likelihood with a threshold. (claim 21, “the classifier module is configured to determine the termination condition is satisfied based on a classification confidence meeting a threshold value, wherein the classification confidence is based on one or more of: a similarity between a feature of the sensor data sample with a feature of a training data sample, or a difference in likelihood between a plurality of possible classifications”.) Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Shiobara as modified by Hong, Ullrich, and Cobb to have include comparing the likelihood with a threshold, such as taught by Grokop, for the purpose of setting a determination condition for confidently concluding that the detected device is a short-range communication device. Regarding claim 22, Shiobara as modified by Hong, Ullrich, Cobb and Grokop discloses the method of claim 21, further comprising: when the sensor data satisfies the criterion, activating a forward-facing antenna of the short-range wireless communication assembly (Shiobara, [0135], when touch panel 50 detects proximity of NFC tag 160 to forward-facing antenna, the forward facing NFC antenna 60 is activated at step S7). Regarding claim 23, Shiobara as modified by Hong, Ullrich, Cobb and Grokop discloses the method of claim 21, wherein the sensor data includes a position and a size of an object detected by the touch panel of the computing device (Shiobara, Figs. 1, 5A-B, 9 and 10, [0061, 0066-0068, 0072, 0076], tag position and shape identifying unit detects the position and size of an object from capacitance distribution of capacitive touch panel 50 such as a rectangular shape and size).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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JOSEPH PATRICK FOX
Examiner
Art Unit 2622
/J.P.F/Examiner, Art Unit 2622 /PATRICK N EDOUARD/Supervisory Patent Examiner, Art Unit 2622
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