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 Amendment
This application is responsive to applicant remarks received 02/12/2026. Claims 1-22 remain pending.
Claim Rejections - 35 USC § 103
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.
Claims 1-22 are rejected under 35 U.S.C. 103 as being unpatentable over Catalena (US Patent No. 20210084450 A1), in view of Gong (US Patent No. 20200302806 A1).
In re claim 1, Catalena teaches A method of dual mode asset management comprising:
configuring, via a dual mode supervisor, one or more computing resources of a dual mode asset to directly report asset related data to a dual mode database (Paras [0043]-[0044]: “FIG. 2B shows active scanning mode 205 as part of IEEE 802.11 Wi-Fi wireless network discovery. In contrast to passive scanning mode (e.g., 200 of FIG. 2A), active scanning mode 205 is a type of Wi-Fi wireless network discovery process where a wireless device 150 broadcasts a probe request frame 230 to a specific (e.g., 500a) or all Wi-Fi access points (e.g., 500a, 500b, 500c) that are within Wi-Fi signaling range. A probe request frame 230 is a type of Wi-Fi management frame that may include information about the specific Wi-Fi access point (e.g., 500a) that the wireless device 150 wishes to associate with, sometimes referred to as a directed probe request, or may be a probe request for all available Wi-Fi access points (e.g., 500a, 500b, 500c) within Wi-Fi signaling range, sometimes referred to as a null probe request. Responding in-range Wi-Fi access points 500a, 500b, 500c transmit a probe response frame 240a, 240b, 240c that includes information substantially similar to a beacon frame (e.g., 220 of FIG. 2A) including their unique BSSID and respective SSID... even when a particular wireless device 150 is authenticated to, and associated with, a specific Wi-Fi access point (e.g., 500a), wireless device 150 may go off channel and continue to send probe request frames (e.g., 230) on other channels. By continuing to actively probe for Wi-Fi access points (e.g., 500a, 500b, 500c), wireless device 150 may maintain a list of known Wi-Fi access points (e.g., 500a, 500b, 500c) that may facilitate roaming should the wireless device 150 move out of range of the currently associated Wi-Fi access point (e.g., 500a) or require a better connection.” and para [0055]: “The Wi-Fi AP Database 1030 stores reported observation data 430 of Wi-Fi access points (e.g., 500a, 500b, 500c) that are conventionally used to enhance location services (e.g., significant locations, location-based suggestions, location-based alerts, popular near me, and the like) of end users. While this benefits the user of the wireless device 150 in providing improved services, each wireless device (e.g., 150) reports information relating to the location of one or more Wi-Fi access points (e.g., 500) it encounters on an ongoing and continuous basis, typically without awareness on the part of the user. For example, this is commonly performed in the background as part of, for example, Apple® iOS®, Google® Android®, or Microsoft® location-based services and it is typically made available to third-party software developers for commercial use. In addition, many third-party software companies maintain their own Wi-Fi AP Database 1130 of observation data including the unique identifying information and location information of one or more Wi-Fi access points (e.g., 500)…”); and
configuring, via the dual mode supervisor, a Wi-Fi interface of the dual mode asset to broadcast beacon frames comprising asset related data while the dual mode asset is in an offline mode of operation with no network connection to the Internet (SEE BELOW),
wherein the offline mode of operation relies upon passive asset or sensor tracking to indirectly report the asset related data to the dual mode database by way of location services (Para [0085]: “…Wi-Fi access points (e.g., 500, 600a, 600b, 600c) are only be required to participate in a portion of the Wi-Fi wireless network discovery process as part of the sensor or asset tracking task. Specifically, each conventional Wi-Fi access point (e.g., 500) may broadcast beacon frames (e.g., 220 of FIG. 2C) in passive scanning mode…” and paras [0157]-[0158]: “…a method and system for passive sensor and/or asset tracking leverages already existing devices, systems, and networks to passively track sensor data and, in some embodiments, the locations of sensors/assets without requiring the sensor/asset itself to have any connectivity to the Internet or other network connection.” “…a method and system for passive sensor and/or asset tracking may use Wi-Fi access points that do not require connectivity to any particular network, to identify one or more sensors/assets in the field using Wi-Fi wireless network discovery and Wi-Fi access point reporting features of modern smartphones and location services to passively identify sensor data and, in some embodiments, the location of the one or more sensors/assets.”).
Catalena fails to teach over a network connection to the Internet while the dual mode asset is in an online mode of operation.
However, Gong teaches over a network connection to the Internet while the dual mode asset is in an online mode of operation (Para [0065]: “…the communication system may allow the movable object 1100 to communicate with another remote device in addition to the terminal 1112, or instead of the terminal 1112. The terminal 1112 may also be configured to communicate with another remote device as well as the movable object 1100… The remote device can be configured to transmit data to the movable object 1100, receive data from the movable object 1100, transmit data to the terminal 1112, and/or receive data from the terminal 1112. Optionally, the remote device can be connected to the Internet or other telecommunications network, such that data received from the movable object 1100 and/or terminal 1112 can be uploaded to a website or server.”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Catalena to incorporate the teachings of Gong to provide over a network connection to the Internet while the dual mode asset is in an online mode of operation with the PASSIVE SENSOR TRACKING USING OBSERVATIONS OF WI-FI ACCESS POINTS of Catalena. Doing so enables connection to the Internet or other telecommunications network, such that data received from the movable object 1100 and/or terminal 1112 can be uploaded to a website or server, as recognized by Gong (Para [0065]).
Non-transitory computer-readable medium claim 12 is rejected for the same reasons as method claim 1 for having similar limitations and being similar in scope.
In re claim 2, Catalena and Gong teach all of the limitations of claim 1 stated above where Catalena further teaches wherein passive asset or sensor tracking comprises one or more wireless devices come within signaling range of the Wi-Fi interface (Para [0079]: “…one or more moveable sensors/assets (e.g., 1020, 1030, 1040, 1050) may be passively tracked by one or more wireless devices 150 that merely happen to come in range, even if only temporarily, of a Wi-Fi access point (e.g., 500, 600a, 600b, 600c) even though a wireless device 150, or user thereof, may not even know that they are participating in the sensor and/or asset tracking task.” and paras [0086]-[0087]: “In certain embodiments, in passive scanning mode (e.g., 200 of FIG. 2A), the Wi-Fi access point (e.g., 500, 600a, 600b, 600c) may be physically and logically associated with sensors/assets 1020, 1030, 1040, 1050 respectively and broadcast beacon frames (e.g., 220 of FIG. 2C or 220s of FIG. 8) at regular intervals, each of which includes information that uniquely identifies the particular Wi-Fi access point (e.g., 500, 600a, 600b, 600c) and, to those who recognize the association, the sensor/asset (e.g., 1020, 1030, 1040, 1050) logically associated with it in the sensor and/asset tracking database (e.g., 1110 of FIG. 11). One or more wireless devices 150 may come in-range of one or more Wi-Fi access point (e.g., 500, 600a, 600b, 600c) and receive one or more beacon frames (e.g., 220 of FIG. 2C or 220s of FIG. 8)… Each report of observation data includes, at least, unique identifying information, such as, for example, the BSSID, of a Wi-Fi access point (e.g., 500, 600a, 600b, 600c) encountered, sensor data, and in some embodiments, location information of the Wi-Fi access point (e.g., 500, 600a, 600b, 600c) encountered. The location information may include coordinates such as latitude and longitude or other information that may be used to determine a location. In certain embodiments, the observation data for a given Wi-Fi access point (e.g., 500, 600a, 600b, 600c) may include one or more of the time, date, current location, speed, and direction of travel of the reporting wireless device 150 at or near the time of the encounter, and SSID, received signal strength, or other information pertaining to the Wi-Fi access point (e.g., 500, 600a, 600b, 600c) encountered.” “While the observation reporting aspect of wireless devices 150 is typically used to improve the accuracy of location-based services, here, the observation data provides data and, in some embodiments, information that may be used to estimate the location of one or more Wi-Fi access point (e.g., 500, 600a, 600b, 600c) at a particular time and date without requiring the purposeful participation of any particular wireless device 150 in any particular Wi-Fi wireless network. As such, this information may be used to determine the location of one or more Wi-Fi access points (e.g., 500, 600a, 600b, 600c) and, by proxy, one or more moveable sensors/assets 1020, 1030, 1040, 1050 with substantial accuracy, that may be further refined with well-known location refinement techniques typically used by wireless devices 150 in place of, or to enhance, GPS location determination or location-based services.”), receive one or more beacon frames from the Wi-Fi interface comprising asset related data (SEE paras [0086]-[0087]), and report one or more observations of the Wi-Fi interface to a location services database via location services and wherein the dual mode database obtains one or more observations of the Wi-Fi interface from the location services database (SEE paras [0086]-[0087], and para [0103]: “…sensor and/or asset tracking database 1110 may obtain observation data indirectly from a third-party Wi-Fi AP Database 1130 that receives observations from one or more wireless devices (e.g., 150b, 150c, 150d), typically based on reports of observation data used to improve the accuracy of location services.”).
Non-transitory computer-readable medium claim 13 is rejected for the same reasons as method claim 2 for having similar limitations and being similar in scope.
In re claim 3, Catalena and Gong teach all of the limitations of claim 2 stated above where Catalena further teaches wherein the one or more observations of the Wi-Fi interface comprise asset related data including one or more of unique identifying information, location information, operational status, historical data, sensor data, or any other data generated or obtained by the dual mode asset (SEE paras [0086]-[0087], and para [0103]: “…sensor and/or asset tracking database 1110 may obtain observation data indirectly from a third-party Wi-Fi AP Database 1130 that receives observations from one or more wireless devices (e.g., 150b, 150c, 150d), typically based on reports of observation data used to improve the accuracy of location services.”).
Non-transitory computer-readable medium claim 14 is rejected for the same reasons as method claim 3 for having similar limitations and being similar in scope.
In re claim 4, Catalena and Gong teach all of the limitations of claim 1 stated above where Catalena further teaches further comprising:
configuring, via the dual mode supervisor, the Wi-Fi interface of the dual mode asset to actively scan for and report one or more observations of Wi-Fi devices that come within signaling range of the dual mode asset to the dual mode database (SEE para [0044], and para [0055]: “This assumption holds true because wireless devices (e.g., 150) report any in-range Wi-Fi access points (e.g., 500) they encounter as well as location information to the original equipment manufacturer, operating system developer, and/or third-party software developer who maintain a database, referred to herein as a Wi-Fi AP Database 1130, of observations of Wi-Fi access points (e.g., 500a, 500b, 500c). The Wi-Fi AP Database 1030 stores reported observation data 430 of Wi-Fi access points (e.g., 500a, 500b, 500c) that are conventionally used to enhance location services (e.g., significant locations, location-based suggestions, location-based alerts, popular near me, and the like) of end users.”) while the dual mode asset is in the online mode of operation (SEE para [0065]).
Non-transitory computer-readable medium claim 15 is rejected for the same reasons as method claim 4 for having similar limitations and being similar in scope.
In re claim 5, Catalena and Gong teach all of the limitations of claim 4 stated above where Catalena further teaches wherein the one or more observations of Wi-Fi devices that come within signaling range of the dual mode asset comprise data obtained from beacon frames or probe response frames of Wi-Fi devices scanned by the dual mode asset (SEE para [0044], and para [0055]: “This assumption holds true because wireless devices (e.g., 150) report any in-range Wi-Fi access points (e.g., 500) they encounter as well as location information to the original equipment manufacturer, operating system developer, and/or third-party software developer who maintain a database, referred to herein as a Wi-Fi AP Database 1130, of observations of Wi-Fi access points (e.g., 500a, 500b, 500c). The Wi-Fi AP Database 1030 stores reported observation data 430 of Wi-Fi access points (e.g., 500a, 500b, 500c) that are conventionally used to enhance location services (e.g., significant locations, location-based suggestions, location-based alerts, popular near me, and the like) of end users.”).
Non-transitory computer-readable medium claim 16 is rejected for the same reasons as method claim 5 for having similar limitations and being similar in scope.
In re claim 6, Catalena and Gong teach all of the limitations of claim 1 stated above where Catalena further teaches wherein in a dual mode of operation the dual mode supervisor configures one or more computing resources of the dual mode asset to directly report asset related data to the dual mode database (SEE DIRECTLY BELOW) and also configures the Wi-Fi interface of the dual mode asset to broadcast beacon frames comprising asset related data (SEE para [0044], and para [0055]: “This assumption holds true because wireless devices (e.g., 150) report any in-range Wi-Fi access points (e.g., 500) they encounter as well as location information to the original equipment manufacturer, operating system developer, and/or third-party software developer who maintain a database, referred to herein as a Wi-Fi AP Database 1130, of observations of Wi-Fi access points (e.g., 500a, 500b, 500c). The Wi-Fi AP Database 1030 stores reported observation data 430 of Wi-Fi access points (e.g., 500a, 500b, 500c) that are conventionally used to enhance location services (e.g., significant locations, location-based suggestions, location-based alerts, popular near me, and the like) of end users.”).
The combination fails to teach over the network connection to the Internet.
However, Gong teaches over the network connection to the Internet (Para [0065]: “…the communication system may allow the movable object 1100 to communicate with another remote device in addition to the terminal 1112, or instead of the terminal 1112. The terminal 1112 may also be configured to communicate with another remote device as well as the movable object 1100… The remote device can be configured to transmit data to the movable object 1100, receive data from the movable object 1100, transmit data to the terminal 1112, and/or receive data from the terminal 1112. Optionally, the remote device can be connected to the Internet or other telecommunications network, such that data received from the movable object 1100 and/or terminal 1112 can be uploaded to a website or server.”).
Non-transitory computer-readable medium claim 17 is rejected for the same reasons as method claim 6 for having similar limitations and being similar in scope.
In re claim 7, Catalena and Gong teach all of the limitations of claim 1 stated above where Catalena further teaches wherein in a dual mode of operation the dual mode supervisor configures the Wi-Fi interface of the dual mode asset to actively scan for Wi-Fi devices that come within signaling range of the dual mode asset and also broadcast beacon frames comprising asset related data, whether there is a network connection to the Internet or not (Para [0085]: “…Wi-Fi access points (e.g., 500, 600a, 600b, 600c) are only be required to participate in a portion of the Wi-Fi wireless network discovery process as part of the sensor or asset tracking task. Specifically, each conventional Wi-Fi access point (e.g., 500) may broadcast beacon frames (e.g., 220 of FIG. 2C) in passive scanning mode…” and paras [0157]-[0158]: “…a method and system for passive sensor and/or asset tracking leverages already existing devices, systems, and networks to passively track sensor data and, in some embodiments, the locations of sensors/assets without requiring the sensor/asset itself to have any connectivity to the Internet or other network connection.” “…a method and system for passive sensor and/or asset tracking may use Wi-Fi access points that do not require connectivity to any particular network, to identify one or more sensors/assets in the field using Wi-Fi wireless network discovery and Wi-Fi access point reporting features of modern smartphones and location services to passively identify sensor data and, in some embodiments, the location of the one or more sensors/assets.”).
Non-transitory computer-readable medium claim 18 is rejected for the same reasons as method claim 7 for having similar limitations and being similar in scope.
In re claim 8, Catalena and Gong teach all of the limitations of claim 7 stated above where Catalena further teaches wherein one or more computing resources of the dual mode asset report one or more observations of the Wi-Fi devices to the dual mode database (Para [0038]: “…the sensor and/or asset tracking database may receive observation data directly from one or more direct reporting wireless devices that encounter the Wi-Fi access point and indirectly from a Wi-Fi AP Database that receives observation data from one or more indirect reporting wireless devices that encounter the Wi-Fi access point and report observation data to the Wi-Fi AP Database.”).
The combination fails to teach when it has a network connection to the Internet.
However, Gong teaches when it has a network connection to the Internet (Para [0065]: “…the communication system may allow the movable object 1100 to communicate with another remote device in addition to the terminal 1112, or instead of the terminal 1112. The terminal 1112 may also be configured to communicate with another remote device as well as the movable object 1100… The remote device can be configured to transmit data to the movable object 1100, receive data from the movable object 1100, transmit data to the terminal 1112, and/or receive data from the terminal 1112. Optionally, the remote device can be connected to the Internet or other telecommunications network, such that data received from the movable object 1100 and/or terminal 1112 can be uploaded to a website or server.”).
Non-transitory computer-readable medium claim 19 is rejected for the same reasons as method claim 8 for having similar limitations and being similar in scope.
In re claim 9, Catalena and Gong teach all of the limitations of claim 1 stated above where Catalena further teaches further comprising: receiving, at the dual mode supervisor, location information of the dual mode asset (Para [0144]: “…historical location information, reporting wireless device (e.g., 150a of FIG. 11) location information, Wi-Fi access point (e.g., 500 or 600 of FIG. 7A) location information, other nearby Wi-Fi access point (e.g., other nearby 500 or 600 not shown in FIG. 11) location information, received signal strength of the Wi-Fi access point (e.g., 500 or 600 of FIG. 7A) location information, received signal strength of other nearby Wi-Fi access point (e.g., other nearby 500 or 600 not shown in FIG. 11) location information, and any other information relating to the Wi-Fi access point (e.g., 500 or 600 of FIG. 7A) or nearby Wi-Fi access points (e.g., other nearby 500 or 600 not shown in FIG. 11) may be used, alone or in combination, with known positioning techniques, including, but not limited to, smartphone positioning, network-based positioning, hybrid positioning, GPS positioning, cellular positioning, triangulation, trilateration, time of arrival, angle of arrival, and any other positioning technique or combination of positioning techniques may be used in accordance with one or more embodiments of the present invention.”).
Non-transitory computer-readable medium claim 20 is rejected for the same reasons as method claim 9 for having similar limitations and being similar in scope.
In re claim 10, Catalena and Gong teach all of the limitations of claim 1 stated above where Catalena further teaches wherein asset related data comprises one or more of unique identifying information, location information, operational status, historical data, sensor data, or any other data generated or obtained by the dual mode asset (Para [0008]: “…associating unique identifying information of the Wi-Fi access point with the sensor in a sensor tracking database, receiving observation data of the Wi-Fi access point from a Wi-Fi AP Database, the observation data including the unique identifying information of the Wi-Fi access point and the sensor data of the sensor, and storing the sensor data in the sensor tracking database.”).
Non-transitory computer-readable medium claim 21 is rejected for the same reasons as method claim 10 for having similar limitations and being similar in scope.
In re claim 11, Catalena and Gong teach all of the limitations of claim 1 stated above where Catalena further teaches wherein the dual mode supervisor configures the Wi-Fi interface to broadcast successive beacon frames wherein each frame comprises a portion of asset related data (Para [0041]: “…one or more wireless devices (e.g., 150) listen for beacon frames (e.g., 220a, 220b, 220c) broadcast at periodic intervals by one or more in-range Wi-Fi access points (e.g., 500a, 500b, 500c) to announce the presence of their respective Wi-Fi wireless networks… Each beacon frame (e.g., 220) includes a Service Set Identifier (“SSID”), which is typically a user-given name for the broadcasting Wi-Fi wireless network, and information that uniquely identifies the Wi-Fi access point…”).
The combination fails to teach that cannot fit in a single frame.
However, Gong teaches that cannot fit in a single frame (Para [0104]: “Several types of management frame may be used for transmitting the datagram, including but not limited to, beacon frame…” and para [0108]: “…the datagram 401 may comprise a monitoring data. The monitoring data may comprise at least a location of the movable object or a location of the remote controller. The datagram may also comprise an identifier of the movable object or an identifier of the remote controller. In some cases, the datagram may further include information related to transmission of the datagram such as a cyclic redundancy check (CRC) code. The datagram may have any length or size that the datagram may be transmitted using one or more IEs or one or more fields of the management frame. In some cases, the datagram may be divided into a plurality of sub-datagrams and each sub-datagram may be transmitted using one or more IEs of the management frame. In some cases, each sub-datagram may comprise a portion of the datagram and an index. The index may be used for integration of the sub-datagrams and reconstruct the datagram at a receiver end (e.g. detectors).”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination of Catalena and Gong to further incorporate the teachings of Gong to provide that cannot fit in a single frame with the PASSIVE SENSOR TRACKING USING OBSERVATIONS OF WI-FI ACCESS POINTS of Catalena as modified by Gong. Doing so enables the datagram to be divided into a plurality of sub-datagrams and each sub-datagram to be transmitted using one or more IEs of the management frame where each sub-datagram may comprise a portion of the datagram and an index, which can be used for integration of the sub-datagrams and reconstructing the datagram at a receiver end (e.g. detectors), as recognized by Gong (Para [0108]).
Non-transitory computer-readable medium claim 22 is rejected for the same reasons as method claim 11 for having similar limitations and being similar in scope.
Response to Arguments
Applicant’s remarks received 02/12/2026 have been fully considered but are not persuasive.
On pages 2-3 of applicant remarks, applicant argues:
“Under 35 U.S.C. § 102(a)(2), a U.S. patent application publication qualifies as prior art only if it was effectively filed before the effective filing date of the claimed invention and names another inventor. Here, the present application names the same inventor-Cody William Catalena-as the Cited Publication. Moreover, the present application was filed on October 24, 2024, as a continuation-in-part with priority/continuity tracing back through earlier applications (including at least to U.S. Provisional Patent Application 63/046,908 filed May 29, 2020, and potentially earlier via the chain in related applications like U.S. Patent Application 16/812,471, filed March 9, 2020). The '429 application of the Cited Publication was filed on November 23, 2020-after the effective filing dates of the supporting prior applications in the present application's chain for the relevant subject matter. Thus, the Cited Publication was not effectively filed before the effective filing date of the claimed invention in the present application. See MPEP § 2152.02(e) and § 2154.01(b) (requiring both a prior effective filing date and a different inventor for § 102(a)(2) applicability). As such, the Cited Publication does not constitute prior art under 35 U.S.C. § 102(a)(2) and the rejection under 35 U.S.C. § 103 based primarily thereon cannot stand.”
Examiner respectfully disagrees. The rejection never stated the applied art only qualified under 102(a)(2), furthermore, the applied art qualifies as prior art under 102(a)(1), given a published date of 03/18/2021—finally, the ADS filed 10/24/2024 does not indicate that the application claimed priority to the case going back to 2020, a claim to priority shows only 05/31/2023. Therefore, the rejection as stated above stands as the US20210084450 reference was published more than 1 year prior to the effective filing date as per the ADS filed and is not within any grace period as defined by 35 USC 102 (a)(1), as such, the argument of common ownership is moot.
Conclusion
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES EDWARD MUNION whose telephone number is (571)270-0437. The examiner can normally be reached Monday-Friday 7:30-5:00.
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/JAMES E MUNION/Examiner, Art Unit 2688 05/22/2026
/STEVEN LIM/Supervisory Patent Examiner, Art Unit 2688
Prosecution Insights