DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 112
2. The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
3. Claims 1-3 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
(1) Claim 1 a recites the limitation "the master node" in line 3. There is insufficient antecedent basis for this limitation in the claim. This issue can be corrected by changing “the master node” to “a master node”.
(2) Claim 1 a recites the limitation "the tracker device" in line 3. There is insufficient antecedent basis for this limitation in the claim. This issue can be corrected by changing “the tracker device” to “a tracker device”.
(3) Claim 3 a recites the limitation "The inventions" in line 1. There is insufficient antecedent basis for this limitation in the claim.
(4) Claim 3 a recites the limitation "The inventions as shown and/or described herein" in line 1. However, it is unclear in the claim what “inventions” this limitation is referring to. It is also unclear to the examiner what this claim describing. Clarification of this claim is requested.
Double Patenting
4. 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 obviousness-type double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); 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 conflicting 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.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
5. Claim 1 of the instant application is unpatentable under the judicially created doctrine of “obviousness-type” double patenting with respect to claim 1 of U.S. Patent No. 12174310.
Application claim 1 defines an obvious variation of the invention claimed in U.S. Patent No. 12174310.
The assignee of all applications of all applications is the same.
Claim 1 of the instant application is anticipated by patent claim 1 in that claim of the patent contains all the limitations of claim 1 of the instant application. Claim 1 of the instant application therefore is not patently distinct from the earlier patent claim and as such is unpatentable for obvious-type double patenting.
To the extent that the instant claims are broaden and therefore generic to the claimed invention of U.S. Patent No. 12174310, in re Goodman 29 USPQ 2d 2010 CAFC 1993, states that a generic claim cannot be issued without a terminal disclaimer, if a species claim has been previously been claimed in a co-pending application. For example:
Claims of instant application:
1. A method comprising:
[Symbol font/0xB7] accessing a first channel state information of a first communication channel between the master node and the tracker device;
[Symbol font/0xB7] accessing a second channel state information of a second communication channel between the master node and a sniffer node;
[Symbol font/0xB7] based on the first channel state information, calculating a forward channel delay vector representing sorted delay values associated with a first target path characteristic in a first communication channel between the tracker device and the master node;
[Symbol font/0xB7] based on the second channel state information, calculating a backward channel delay vector representing sorted delay values associated with a second target path characteristic in a second communication channel between the master node and the sniffer node;
[Symbol font/0xB7] generating a first set of distance estimate candidates between the tracker device and the master node based on the forward channel delay vector;
[Symbol font/0xB7] generating a second set of distance estimate candidates between the tracker device and the sniffer node based on the backward channel delay vector; and
[Symbol font/0xB7] calculating a location of the tracker device based on the first set of distance estimate candidates and the second set of distance estimate candidates.
Claims of US Patent No. 12174310:
1. A method comprising:
accessing a first channel state information of a master node, the master node receiving a first transmission from a tracker device;
accessing a second channel state information of the master node from a sniffer node, the master node receiving a second transmission from the sniffer node;
accessing a clock frequency offset and a rate of change of the clock frequency offset between a first clock of the master node and a second clock of the sniffer node;
based on the first channel state information, calculating a forward channel delay vector representing sorted delay values associated with a first target path characteristic in a first communication channel between the tracker device and the master node;
based on the second channel state information, calculating a backward channel delay vector representing sorted delay values associated with a second target path characteristic in a second communication channel between the master node and the sniffer node;
generating a first set of distance estimate candidates between the tracker device and the master node based on the forward channel delay vector, the clock frequency offset, and the rate of change of the clock frequency offset;
generating a second set of distance estimate candidates between the tracker device and the sniffer node based on the backward channel delay vector; calculating a third set of travel time difference candidates based on the first set of distance estimate candidates and the second set of distance estimate candidates; and
calculating a location of the tracker device based on time-difference-of-arrival multilateration of the third set of travel time difference candidates.
Conclusion
6. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Hoctor et al. (US 7269427) disclose a method involve tracking the location of objects within an area of interest using transmitted-reference ultra-wideband (TR-UWB) signals. The system includes at least three base stations communicating with a central processor, at least one mobile device and at least one fixed beacon transmitter of known location. The mobile device is equipped with a transmitter for transmitting a TR-UWB signal to a base station, which then determines a location of the mobile device based on time difference of arrival information between the beacon transmitters and mobile devices measured at all the base stations. Preferably, the area of interest includes a plurality of mobile devices each transmitting a delay-hopped TR-UWB signal according to a code-division multiple access scheme. The mobile devices may be attached to a patient and/or a medical asset within the hospital for tracking purposes. Additionally, patient medical information may be transmitted with the TR-UWB signals to allow patient monitoring to occur simultaneously with asset/patient tracking.
Ylamurto et al. (US 11327147) disclose a method for determining locations of wireless nodes in a network architecture including a wireless node having a wireless device with one or more processing units and RF circuitry for transmitting and receiving communications in the wireless network architecture; and a plurality of wireless sensor nodes having a wireless device with a transmitter and a receiver to enable bi-directional communications with the wireless node in the wireless network architecture.
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to KABIR A TIMORY whose telephone number is (571)270-1674. The examiner can normally be reached Mon-Fri 7:00 AM-3:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Hannah S Wang can be reached at 571-272-9018. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KABIR A TIMORY/ Primary Examiner, Art Unit 2631
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