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 .
DETAILED ACTION
Claims 1-20 are presented for examination.
Claim Rejections – 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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this 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 §§ 706.02(l)(1) - 706.02(l)(3) 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).
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Claims (see below) are rejected on the ground of nonstatutory double patenting as being unpatentable over claims (see below) of application 18/914,782 in view of see list of copending applications listed below. Although the claims at issue are not identical, they are not patentably distinct from each other because of reasons listed below. This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Below are listings of the claimed invention and the relevant copending applications corresponding to the double patent rejections. All recitations to the claims of this application are emboldened.
18/914,782
“1. An electronic device comprising:
a transceiver; and
a processor configured to:
provide, via the transceiver, a first packet to a wireless device;
receive, via the transceiver, a second packet from the wireless device;
receive, via the transceiver, a first continuous wave signal from the wireless device;
determine a first measurement of a distance to the wireless device based on a time between the first packet and the second packet;
determine a second measurement of the distance to the wireless device based on a first phase associated with the first continuous wave signal; and
determine a third measurement of the distance to the wireless device based on the first and second measurements.”
Claim 1 is directed to an embodiment obtaining a first distance derived from a time difference measured between a first packet and second packet;
a second distance derived from measuring a phase of a first continuous wave; and
a third distance based on a comparison of the first and second distances.
16/680,714 (U.S. 11,366,216)
1.” A method for measuring a distance between a first wireless device and a second wireless device, the method comprising:
sending a first packet from the first wireless device to the second wireless device;
receiving, by the first wireless device, a second packet from the second wireless device;
receiving, by the first wireless device, a first continuous wave signal from the second wireless device, wherein the first continuous wave signal comprises an unmodulated signal having a first phase;
sending, by the first wireless device, a second continuous wave signal to the second wireless device, wherein the second continuous wave signal comprises an unmodulated signal having a second phase, the second phase based on the first phase;
receiving, by the first wireless device, an indication of a phase shift based on the second continuous wave signal;
calculating a first measurement of the distance based on a time between the first wireless device sending the first packet and receiving the second packet;
calculating a second measurement of the distance based on the indication of the phase shift; and
determining the distance based on the first measurement and the second measurement.”
11. “A method for measuring a distance between a first wireless device and a second wireless device, the method comprising:
sending a first packet to the first wireless device;
after the first packet is sent, receiving a second packet from the first wireless device;
after receiving the second packet, receiving a first continuous wave signal from the first wireless device, wherein the first continuous wave signal comprises an unmodulated signal having a first phase;
after receiving the first continuous wave signal, sending a second continuous wave signal to the first wireless device, wherein the second continuous wave signal comprises an unmodulated signal having a second phase, the second phase based on the first phase;
receiving, from the first wireless device, an indication of a phase shift based on the second continuous wave signal; calculating a first measurement of the distance based on a time between sending the first packet and receiving the second packet;
calculating a second measurement of the distance based on the indication of the phase shift; and
determining the distance based on the first measurement and the second measurement.”
17. “A system for measuring a value indicative of distance, the system comprising:
a first wireless device configured to send a first packet; and
a second wireless device configured to receive the first packet and then to send to the first wireless device a second packet and then a first continuous wave signal,
wherein the first continuous wave signal comprises an unmodulated signal having a first phase,
wherein the first wireless device is further configured, upon receiving the first continuous wave signal, to send to the second wireless device a second continuous wave signal,
wherein the second continuous wave signal comprises an unmodulated signal having a second phase, the second phase based on the first phase, and
wherein the first wireless device is further configured to:
receive an indication of a phase shift based on the second continuous wave signal;
calculate a first measurement based on a time difference between sending of the first packet and receiving the second packet;
calculate a second measurement based on the indication of the phase shift; and
determine a distance between the first wireless device and the second wireless device based on the first measurement and the second measurement.”
Claim 1 is directed to an embodiment obtaining a first distance derived from a time difference measured between a first packet and second packet;
a second distance derived from measuring a phase difference between the first and second continuous waves; and
a third distance based on a comparison of the first and second distances.
Claim 1 is obvious over claim 1 in view of Jarvis et al., U.S. 10,448,214. The measured first and thirds distances derived in claim 1 are substantially the same as claim 1.
However, the second distance in claim 1 is derived from measuring the phase of a first continuous wave transmitted from a transceiver to a wireless device while the second distance in claim 1 is derived by measuring the phase of each respective continuous wave and deriving a measurement from comparing the phase. Accordingly, they are not exactly the same. In the same art of distance measuring, Jarvis et al., U.S. 10,448,214, col.10, lines 50-56 discloses:
the first wireless device 402 may determine the distance to the second wireless device 404 from a look-up table that includes a correlation of phase differences of RTP measurements and distance. The look-up table may be maintained by the first wireless device 402 or at a remote location accessible by the first wireless device 402.
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention include into claim 1 the added feature of providing an additional continuous wave phase measurement, as disclosed in Jarvis, from the transceiver to the wireless device such that the claimed invention is realized. One of ordinary skill would have used known techniques to substitute the plurality of phase difference distance detection devices with the single phase difference measurement feature disclosed in Jarvis and modified claim 1 would have met the claimed invention disclosed in claim 1. .
Claim 1 is obvious over claim 11 for the same reasons shown under item 4.
Claim 1 is obvious over claim 17 for the same reasons shown under item 4.
17/844,113 (U.S. 11,774,577)
1. A circuit device comprising: a processor;
a wireless transmitter coupled to the processor;
a wireless receiver coupled to the processor; and
a memory coupled to the processor and storing instructions that, when executed, cause the processor to:
operate in a transmit mode to:
provide a first packet to a wireless device via the wireless transmitter; and
provide a first continuous wave signal having a first phase to the wireless device via the wireless transmitter;
change from the transmit mode to a receive mode;
operate in the receive mode to:
receive a second continuous wave signal having a second phase from the wireless device via the wireless receiver; and
receive a second packet from the wireless device via the wireless receiver;
determine a first measurement of a distance between the circuit device and the wireless device based on a time between the first packet and the second packet;
determine a second measurement of the distance based on the first phase and the second phase; and
determine a third measurement of the distance based on the first measurement and the second measurement.
9. A circuit device comprising:
a processor; a wireless transmitter coupled to the processor;
a wireless receiver coupled to the processor; and
a memory coupled to the processor and storing instructions that, when executed, cause the processor to: operate in a receive mode to:
receive a first packet from a wireless device via the wireless receiver; and
receive a first continuous wave signal having a first phase from the wireless device via the wireless receiver;
based on the first packet and the first continuous wave signal, change from the receive mode to a transmit mode;
operate in the transmit mode to:
provide a second continuous wave signal having a second phase to the wireless device via the wireless transmitter; and
provide a second packet to the wireless device via the wireless transmitter.
14. A method comprising: providing, by a first wireless device, a first packet to a second wireless device;
providing, by the first wireless device, a first continuous wave signal having a first phase to the second wireless device;
causing the first wireless device to transition from transmitting to receiving and the second wireless device to transition from receiving to transmitting;
providing, by the second wireless device, a second continuous wave signal having a second phase to the first wireless device;
providing, by the second wireless device, a second packet to the first wireless device;
determining a first measurement of distance between the first wireless device and the second wireless device based on a time-of-flight between the first packet and the second packet;
determining a second measurement of the distance based on the first phase and the second phase; and
determining a third measurement of the distance based on the first measurement and the second measurement.
Claim 1 is directed to an embodiment obtaining a first distance derived from a time difference measured between a first packet and second packet;
a second distance derived from measuring a phase difference between the first and second continuous waves; and
a third distance based on a comparison of the first and second distances.
Claim 1 is obvious over claim 1. The measured first and thirds distances derived in claim 1 are substantially the same as claim 1.
However, the second distance in claim 1 is derived from measuring the phase of a first continuous wave transmitted from a transceiver to a wireless device while the second distance in claim 1 is derived by measuring the phase of each respective continuous wave and deriving a measurement from comparing the phase. Accordingly, they are not exactly the same.
In the same art of distance measuring Jarvis (as previously disclosed, cites:
the first wireless device 402 may determine the distance to the second wireless device 404 from a look-up table that includes a correlation of phase differences of RTP measurements and distance. The look-up table may be maintained by the first wireless device 402 or at a remote location accessible by the first wireless device 402.
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to substitute into claim 1 the feature of providing a single continuous wave phase measurement from the transceiver to the wireless device such that the claimed invention is realized. Determining a distance based on phase measurements is known in both inventions and one of ordinary skill would have modified the parent’s embodiment, as disclosed in Jarvis, to provide an embodiment meeting the claimed invention.
Claim 1 is obvious over claim 9 for the same reasons shown under item 7.
Claim 1 is obvious over claim 14 for the same reasons shown under item 7.
18/452,087 (U.S. 12,140,662)
1. A method comprising:
providing, by a first wireless device, a first packet to a second wireless device;
receiving, by the first wireless device, a second packet from the second wireless device;
receiving, by the first wireless device, a first continuous wave signal from the second wireless device;
determining a first measurement of a distance between the first wireless device and the second wireless device based on a time-of-flight between the first packet and the second packet;
determining a second measurement of the distance between the first wireless device and the second wireless device based on a first phase associated with the first continuous wave signal; and
determining a third measurement of the distance between the first wireless device and the second wireless device based on the first and second measurements.
Claim 1 is directed to an embodiment obtaining a first distance derived from a time difference measured between a first packet and second packet;
a second distance derived from measuring a phase between the first and second wireless devices; and
a third distance based on a comparison of the first and second distances.
Claim 1 is obvious over claim 1. The measured first and thirds distances derived in claim 1 are substantially the same as claim 1.
However, the second distance in claim 1 is derived from measuring the phase of a first continuous wave transmitted from the transceiver to the wireless device while the second distance in claim 1 is derived by measuring the phase of the first continuous wave transmitted from the second wireless device to the first wireless device and deriving a distance measurement from the phase of the continuous wave. Accordingly, the arrangement is not exactly the same. However, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention include into claim 1 the added feature of swapping the transmitting of the first continuous wave from the first wireless device to transmitting the first continuous wave from the second wireless device and obtaining phase measurement to derive a distance measurement where the claimed invention is realized. Determining a distance based on phase measurements is known in both inventions where the phase difference of the signal transmitted from one device to the other is known and transmitting the continuous wave from either the first or second wireless device would have provided a distance measurement where one of ordinary skill would have used the parent’s embodiment in the present invention to obtain a distance determination based on phase measurements.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CAL EUSTAQUIO whose telephone number is (571)270-7229. The examiner can normally be reached on 8am-5pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Brian Zimmerman, can be reached at (571) 272-3059. 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 lnformation 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 PAlR only. For more information about the PAlR system, see http:/lpair-direct.uspto.gov. Should you have questions on access to the Private PAlR 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 800-786-91 99 (IN USA OR CANADA) or 571-272-1000.
/CAL J EUSTAQUIO/Examiner, Art Unit 2686
/BRIAN A ZIMMERMAN/Supervisory Patent Examiner, Art Unit 2686