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 1 and 9 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 8, and 16 of application 14/277,045 (Now U.S. 9,477,917). 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.
Claim 14 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 8, and 16 of application 14/277,045 (Now U.S. 9,477,917) in view of Russell et al. U.S. 9,378,484. 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. The immediate claimed invention is emboldened.
14/277,045 (now U.S. 9,477,917)
Claim 1:
“An electronic device, comprising:
a rewritable radio-frequency identification (RFID) tag that is configured to store and transmit an identification number via an antenna;
an RFID reader configured to read an identity transmitted by an RFID interrogator external to the electronic device;
an RFID writer configured to write the identification number into the RFID tag based on a command from a controller of the electronic device;
a memory storing identification selection rules and a list of identities of RFID interrogators; and
the controller of the electronic device, configured to:
read, from the RFID reader, the identity of the RFID interrogator that is external to the electronic device,
analyze the identification selection rules and the list of identities of the RFID interrogators in the memory based on the identity of the RFID interrogator,
determine that the identity of the RFID interrogator does not correspond with a current identification number stored in the rewritable RFID tag,
in response to the determination, select, for transmission by the rewritable RFID tag, an identification number corresponding to the RFID interrogator from the list of identities of the RFID interrogators based on the identification selection rules stored in the memory and the identity of the RFID interrogator,
command the RFID writer to dynamically write the selected identification number into the RFID tag prior to transmission of the selected identification number to the RFID interrogator, and
command the RFID tag to transmit the selected identification number to the RFID interrogator after being dynamically written to the RFID tag by the RFID writer.”
8. A method of dynamically assigning an identification number to a rewritable radio-frequency identification (RFID) tag on an electronic device, comprising: storing, in a memory of the electronic device, identification selection rules and a list of identities of RFID interrogators; transmitting, by an RFID reader of the electronic device, a radio signal to elicit identity information of an RFID interrogator that is external to the electronic device and configured to read an identification number that is transmitted from the RFID tag; obtaining, by executing a controller of the electronic device, the identity information of the RFID interrogator via the RFID reader; obtaining, by the controller, current location information of the electronic device; processing, by the controller, the identification selection rules and the list of identities of RFID interrogators based on the identify information of the RFID interrogator; determining, by the controller, that the identity information of the RFID interrogator does not correspond with a current identification number stored in the rewritable RFID tag; in response to the determination, selecting, by executing the controller for transmission by the RFID tag, an identification number corresponding to the RFID interrogator from the list of the identities of the RFID interrogators, the identification selection rules stored, the identity of the RFID interrogator, and the location information; writing, by an RFID writer of the electronic device, the selected identification number into the RFID tag prior to transmission of the selected identification number to the RFID interrogator; and transmitting, by the RFID tag to the RFID interrogator, a radio signal comprising the selected identification number in response to the writing.
16. A method of dynamically assigning an identification number to a rewritable radio-frequency identification (RFID) tag on an electronic device, comprising: storing, in a memory of the electronic device, identification selection rules and identity information of RFID interrogators; reading, by an RFID reader of the electronic device, an identity of an RFID interrogator that is external to the electronic device and is configured to receive a radio signal comprising information from the RFID tag; determining, by a controller of the electronic device, that the identity of the RFID interrogator does not correspond with a current identification number stored in the rewritable RFID tag; selecting, by executing the controller, an identification number for the RFID tag to transmit to the RFID interrogator based on the list of identities of the RFID interrogators, the identification selection rules, and the identity of the RFID interrogator; assigning and dynamically writing, via an RFID writer of the electronic device, the selected identification number to the RFID tag; and commanding, by the controller of the electronic device, the RFID tag to transmit the selected identification number to the RFID interrogator after being selected and dynamically written to the RFID tag by the RFID writer.
18/972,632:
Claim 1:
“A method for implementing a software-based (SB) radio frequency identification (RFID) tag in user equipment (UE), the method comprising:
receiving an RFID interrogation signal from an RFID reader while the UE is in a low power mode;
completing a handshake protocol with the RFID reader, wherein the handshake protocol is stored in a non-transitory memory of the SB RFID tag; and
sending an RFID identity to the RFID reader only after completing the handshake protocol with the RFID reader.”
9. A method for implementing a software-based (SB) radio frequency identification (RFID) tag, the method comprising: triggering, by an RFID reader or the SB RFID tag, use of a handshake protocol; in response to the triggering, receiving, by the SB RFID tag and the RFID reader from a handshake coordination service executing on a server, the handshake protocol; completing the handshake protocol between the SB RFID tag and the RFID reader; and sending, by the SB RFID tag, an RFID identity to the RFID reader only after completing the handshake protocol.
14. A method for implementing a software-based (SB) radio frequency identification (RFID) tag, the method comprising: storing first RFID identity data and second RFID identity data in a non-transitory memory of the SB RFID tag such that the SB RFID tag is configured with both the first RFID identity information and the second RFID identity information; receiving via an antenna coupled to the SB RFID tag an RFID interrogation signal from an RFID reader; performing authentication of the SB RFID tag and the RFID reader; response to the receiving the RFID interrogation signal and the authentication: determining by a processor of the SB RFID tag a status of an RFID identity selection criterion; selecting one of the first RFID identity data or the second RFID identity data, based on the status of the RFID identity selection criterion; and sending the selected one of the first RFID identity data or the second RFID identity data to the RFID reader via an antenna coupled to the SB RFID tag.
(Per U.S. 9,477,917, col. 8, lines 29-44:
(35) For example, if the identity of the RFID interrogator 114 is found in the list of the RFID interrogators 114, it may mean the identity of the RFID interrogator 114 is relevant and the RFID tag 104 may respond to the RFID interrogator 114 with its identification information and/or other information. Mapping between RFID tag 104 identification number(s) and identity(ies) of RFID interrogator(s) 114 may be stored in the memory 112. The mapping may be a one-to-one mapping, a one-to-many mapping, or a many-to-one mapping. For example, an RFID tag 104 identification number may correspond to only one specific RFID interrogator 114 identity. One RFID tag 104 identification number may correspond to multiple RFID interrogator 114 identities. Additionally, multiple RFID tag 104 identification numbers may correspond to one RFID interrogator 114 identity.)
(Per U.S. 2025/0053757 (18/927,632):
[0037] In a third example of handshake protocol negotiation occurring as an initial part of the interaction between the SB RFID tag and the RFID reader, the SB RFID tag may use a temporary RFID tag identity (rather than its primary RFID tag identity) to respond to an interrogation by the RFID reader. The temporary RFID tag identity may expire after a single use, a predetermined number of uses, or a predetermined amount of time. The temporary RFID tag identity is configured to cause the RFID reader to contact the handshake coordination service to send a handshake protocol to both the SB RFID tag and the RFID reader. The SB RFID tag may then use the handshake protocol and its primary RFID tag identity in a succeeding interaction between the SB RFID tag and the RFID reader. The use of the temporary RFID tag identity improves security by (i) reducing the number of times the primary RFID tag identity is sent over the air and (ii) reducing the likelihood of successful tracking of the UE through communication with the SB RFID tag.)
(Per the online Merriam-Websters Dictionary: b : a set of conventions governing the treatment and especially the formatting of data in an electronic communications)
Claim 1 is obvious over claim 1. Each respective invention is establishing a communications setup suitable to establishing communications between the reader and the tag.
In claim 1, there is a mapping of identification numbers between the reader and tag such that subsequent communications between these two devices is possible.
In the claim 1, a similar situation arises where there is a negotiation of identities happening between the reader and the tag, and once the tag obtains a suitable identity useful to the reader, communications between these two devices is possible.
The above definition of “protocol,” as disclosed in claim 1, applies claim 1 in a manner similar in the present invention. The claimed “protocol” isn’t distinguished from claim 1. “Protocol,” as interpreted broadly, would include the way or practice the communications system is being set up in the manner claimed in the earlier application.
Furthermore, claim 1 discloses the added feature of “receiving an RFID interrogation signal from an RFID reader while the UE is in a low power mode.” This claimed feature, while not found in claim 1, is considered inconsequential as the embodiment, even in a low power mode, this feature allows the exchange of identifying features to allow communications between the reader and the tag.
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to include into claim 1 the features of claim 1 such that claim 1 is obvious over claim 1. Claim 1 is otherwise a variant of the same invention disclosed in claim 1 as indicated by the above disclosed reasons.
Claim 1 is obvious over claim 8 for the same reasons disclosed under item 3.
Claim 1 is obvious over claim 16 for the same reasons disclosed under item 3.
Claim 9 is obvious over claim 1 for the same reasons disclosed under item 3.
Claim 9 is obvious over claim 8 for the same reasons disclosed under item 3.
Claim 9 is obvious over claim 16 for the same reasons disclosed under item 3.
Claim 14 is obvious over claim 1 in view of
Claim 14 is obvious over claim 1. Each respective invention is establishing a communications setup suitable to establishing communications between the reader and the tag.
In claim 1, there is a mapping of identification numbers between the reader and tag such that subsequent communications between these two devices is possible.
In the claim 14, a similar situation arises where there is a negotiation of identities happening between the reader and the tag, and once the tag obtains a suitable identity useful to the reader, communications between these two devices is possible.
Claim 14 also includes the added feature of an additional selecting a first or second identity data with which to communicate with the reader. This feature is anticipated by claim 1 wherein claim 1 claims “select, for transmission by the rewritable RFID tag, an identification number corresponding to the RFID interrogator from the list of identities of the RFID interrogators based on the identification selection rules stored in the memory and the identity of the RFID interrogator.”
Claim 1, however, doesn’t disclose an authentication process to enable the reader to communicate with the tag.
In the same art of RFID reader tag communications, Russell et al. U.S. 9,378,484, col. 7, lines 9-15 discloses:
(32) Once the RFID tag 106(1) is energized it may begin to transmit its own RF energy (e.g., an authentication reply). As the reader system 102 is configured to receive RF energy, it may receive the authentication reply from the RFID tag 106(1). The process of the reader system 102 sending an interrogation signal and receiving authentication replies from tags may be characterized as “reading tags.”
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to include into claim 1 the authentication features of Russell such that claim 1 is obvious over claim 1. Claim 1 is otherwise a variant of the same invention disclosed in claim 1 with exception of the authentication feature. Even though claim 1 does not include an authentication process nor the ability to select from different tag identity data found in claim 14, one of ordinary skill would have incorporated Russell’s authentication embodiment into claim 1 to prevent unauthorized reader-tag communications.
Claim 14 is obvious over claim 8 for the same reasons disclosed under item 9.
Claim 14 is obvious over claim 16 for the same reasons disclosed under item 9.
Conclusion
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/BRIAN A ZIMMERMAN/Supervisory Patent Examiner, Art Unit 2686