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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on November 17th, 2024, May 08th, 2025 and May 29th, 2025 has been considered and made of record in the application file history.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
Claims 14-20: The "module" limitations (e.g., "positioning module," "sensing module," "area dividing module," "matching module," "trajectory tracking module," "restore matching module") are generic placeholders coupled with functional language and are not preceded by a structural modifier. Therefore, these limitations are interpreted under 35 U.S.C. 112(f).
Because these claim limitations are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, they are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
Corresponding Structure in the Specification:
The specification provides adequate structural support for the "module" limitations in claims 14–20 as follows:
Processor 110 (see [0023]): Described as a central processing unit (CPU), microcontroller (MCU), DSP, ASIC, GPU, or similar processing device, coupled to a storage medium and a transceiver.
Storage Medium 120 (see [0024]): Stores the software modules, including but not limited to the positioning module, sensing module, area dividing module, device information module, computing module, matching module, trajectory tracking module, and restore matching module.
Transceiver 130 (see [0025]): Facilitates communication between the processor and external devices (mobile devices, sensors, etc.).
The modules themselves are described as software or firmware components stored in the storage medium and executed by the processor (see [0024]). Each module’s function is described in detail in the specification:
Positioning Module 121 ([0024], [0041]–[0044], [0063]–[0066]): Requests and receives positioning information from mobile devices.
Sensing Module 122 ([0024], [0046], [0068]): Requests and receives sensed information from sensors.
Area Dividing Module 123 ([0024], [0020], [0029], [0049], [0050], [0069], [0071], [0072]): Divides the coverage area, queries lookup tables, and determines device/object presence.
Matching Module 126 ([0024], [0050], [0051], [0059], [0060], [0073]): Matches devices and objects based on area, measurement results, acceleration, and outputs the result.
Trajectory Tracking Module 127 ([0024], [0061], [0075], [0077], [0082], [0094]): Tracks device/object trajectories, determines lost matches, and initiates restore procedures.
Restore Matching Module 128 ([0024], [0082]–[0094]): Requests information for lost matches and determines restored matches.
The specification further details the interactions and data flows between these modules in the context of the processor, storage medium, and transceiver (see FIGS. 2–7 and corresponding text).
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3, 8-11, and 13-16 are rejected under 35 U.S.C. 102 (a)(1) or (a)(2) as being anticipated by Isola, U.S. Patent Number 10,609,672 (hereinafter Isola).
Regarding claim 1, Isola discloses a method of matching a mobile device with an object (i.e., The device tracking controller 112 is configured to determine the physical location of the endpoint device 106 (e.g. area 304A) and the physical location of the product (e.g. area 304B)) (see Col. 16, lines 39-63 and figs. 6 & 8), comprising:
receiving first positioning information of a first mobile device (e.g., endpoint device 106) and first sensed information of a first object (i.e., Isola teaches device tracking controller 112 receives signal strength information (e.g., RSSI) from a plurality of access points for endpoint devices (mobile devices) and objects (such as products or other endpoint devices). Isola also teaches retrieving device information and location records for objects) (see col. 14, lines 1-23, col. 16, lines 39-63, fig. 4; steps 402 & 404 and fig. 6; steps 602 & 604);
determining whether the first mobile device and the first object are located in a first area according to the first positioning information and the first sensed information (i.e., Isola teaches "The device tracking controller 112 is configured to determine the physical location of the endpoint device 106 (e.g. area 304A) and the physical location of the product (e.g. area 304B)..." Isola further teaches comparing the location of the mobile device and the object to determine if they are in the same area) (see Col. 16, line 39 - Col. 17, line 10, Col. 19, line 55- Col. 20, line 5 and fig. 18; steps 814-816);
in response to determining that the first mobile device and the first object are located in the first area, matching the first mobile device with the first object to generate a matching result; and outputting the matching result (i.e., Isola teaches that, when the controller determines the mobile device and object are in the same area, it associates (matches) the two and outputs the result, for example, by providing navigation instructions, notifications, or alerts to the user or device) (see Col. 17, lines 1-10 & 50-67, Col. 19, lines 55-67, fig. 6; steps 612-616 and fig. 18; steps 814-816).
Regarding claim 2, Isola discloses all the limitations of claim 1. In addition, Isola teaches the method, wherein in response to determining that the first mobile device and the first object are located in the first area, matching the first mobile device with the first object to generate the matching result comprises: determining a number of objects in the first area; and matching the first mobile device with the first object according to the number of objects (i.e., Isola’s device tracking controller (112) identifies all objects in a given area (e.g., products or endpoint devices) and matches mobile devices to objects based on the number present) (See Col. 16, lines 55–63; Col. 17, lines 1–10; Col. 19, lines 55–67 and Fig. 8, steps 814–816).
Regarding claim 3, Isola discloses all the limitations of claim 2. In addition, Isola teaches the method, wherein matching the first mobile device with the first object according to the number of objects comprises: in response to determining that the number of objects is equal to one, matching the first mobile device with the first object (i.e., interpreted as if only one object is present, the system directly matches the mobile device to that object) (See Col. 16, lines 55–63; Col. 17, lines 1–10; Col. 19, lines 55–67 and Fig. 8, steps 814–816).
Regarding claim 8, Isola discloses all the limitations of claim 1. In addition, Isola teaches the method, further comprising: querying a lookup table according to the first positioning information and the first sensed information to determine whether the first mobile device and the first object are located in the first area (i.e., Isola teaches querying location records (lookup tables) using device/object info to determine area) (See Col. 14, lines 11-23, Col. 22, lines 4-10 and Fig. 2, location records 212).
Regarding claim 9, Isola discloses all the limitations of claim 1. In addition, Isola teaches the method, further comprising: tracking trajectories of the first mobile device and the first object according to the matching result (i.e., Isola teaches that, when the controller determines the mobile device and object are in the same area, it associates (matches) the two and outputs the result, for example, by providing navigation instructions, notifications, or alerts to the user or device) (see Col. 17, lines 1-10 & 50-67, Col. 19, lines 55-67, fig. 6; steps 612-616 and fig. 18; steps 814-816).
Regarding claim 10, Isola discloses all the limitations of claim 1. In addition, Isola teaches the method, wherein the first positioning information comprises at least one of channel state information, received signal strength indication, reference signal received power, reference signal received quality, or global positioning system information (i.e., Isola uses RSSI or other location data for positioning) (See Col. 13, lines 32-44, Col. 14, lines 38-67; fig. 4; steps 402-404 and fig. 18; steps 802-806).
Regarding claim 11, Isola discloses all the limitations of claim 1. In addition, Isola teaches the method, wherein the first sensed information comprises a position (i.e., Location records 212 comprise location information for objects within am environment) (See col. 12, lines 8-17 and Col. 16, lines 55-63).
Regarding claim 13, Isola discloses all the limitations of claim 1. In addition, Isola teaches the method, wherein the first sensed information is associated with at least one of a radar signal, an image, a sound, or a light signal (i.e., Isola teaches examples of an item identifier include, but are not limited to, a name, an item number, a vendor name, a model number, a MAC address, an IP address, a barcode, an image, or any other suitable type of descriptor for an object) (See Col. 16, lines 39-54).
Regarding claim 14, Isola discloses an electronic device of matching a mobile device with an object (i.e., The device tracking controller 112 is configured to determine the physical location of the endpoint device 106 (e.g. area 304A) and the physical location of the product (e.g. area 304B)) (see Col. 16, lines 39-63 and figs. 6 & 8), comprising:
a transceiver (i.e., Device tracking controller 112 includes a network interface 206 for wireless/wired communication (serving as a transceiver for communication with endpoint devices/access points) (see Col. 12, lines 41-49, Col. 14, lines 1–10 and Fig. 2, 206);
a storage medium, configured to store a plurality of modules (see Col. 12, lines 1-7 and fig. 2; memory 204); and
a processor, coupled to the storage medium and the transceiver, and configured to access and execute the modules (i.e., Device tracking controller 112 includes processor 202, coupled to memory 204 and network interface 206, executing device tracking engine 208 (software modules) (see Col. 10, lines 9-26 & 39-45 and Fig. 2, 202, 204, 206, 208), wherein the modules comprise:
a positioning module, configured to receive first positioning information of a first mobile device through the transceiver (i.e., Device tracking engine 208 receives positioning information (signal strength, device info) from endpoint devices (mobile devices) through access points and network interface ) (see Col. 10, lines 46-60, Col. 14, lines 1-23, Col. 16, lines 39–63 and Fig. 4, steps 402–404);
a sensing module, configured to receive first sensed information of a first object through the transceiver (i.e., the Device tracking engine 208 receives sensed information (e.g., device info, location records) for objects (products, devices) via access points/network interface) (see Col. 16, lines 39–63; Fig. 6, steps 602–604);
an area dividing module, configured to determine whether the first mobile device and the first object are located in a first area according to the first positioning information and the first sensed information (i.e., Device tracking engine 208 determines location/area for both mobile devices and objects, compares locations to determine if both are in the same area (zone 302/area 304) (see Col. 17, lines 1–10; Col. 19, lines 55–67 and Fig. 18, steps 814–816); and
a matching module, configured to match the first mobile device with the first object to generate a matching result in response to determining that the first mobile device and the first object are located in the first area, wherein the matching module outputs the matching result (i.e., Device tracking engine 208 receives positioning information (signal strength, device info) from endpoint devices (mobile devices) through access points and network interface) (See Col. 16, lines 39–63; Col. 17, lines 1-10 & 50-67, Col. 19, lines 55-67, fig. 6; steps 612-616 and fig. 18; steps 814-816).
Regarding claim 15, Isola discloses all the limitations of claim 14. In addition, Isola teaches the electronic device, wherein: the matching module determines a number of objects in the first area, and matches the first mobile device with the first object according to the number of objects (i.e., Isola’s device tracking controller (112) identifies all objects in a given area (e.g., products or endpoint devices) and matches mobile devices to objects based on the number present) (See Col. 16, lines 55–63; Col. 17, lines 1–10; Col. 19, lines 55–67 and Fig. 8, steps 814–816).
Regarding claim 16, Isola discloses all the limitations of claim 15. In addition, Isola teaches the electronic device, wherein: in response to the number of objects being equal to one, the matching module matches the first mobile device with the first object (i.e., interpreted as if only one object is present, the system directly matches the mobile device to that object) (See Col. 16, lines 55–63; Col. 17, lines 1–10; Col. 19, lines 55–67 and Fig. 8, steps 814–816).
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.
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.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Isola, U.S. Patent Number 10,609,672 (hereinafter Isola) as applied to claim 11 above and further in view of Hwang et al., U.S. Publication Number 2022/0284815 A1 (hereinafter Hwang).
Regarding claim 12, Isola discloses all the limitations of claim 11. Isola fails to explicitly teach the method, wherein the first sensed information further comprises at least one of an orientation, a shape, or physiological information.
In an analogous field of endeavor, Hwang teaches a method for providing a safety service in a wireless communication system, wherein a sensing unit may generate vehicle state data based on data detected by various sensors included in the vehicle. The sensing unit ay generate vehicle attitude data, vehicle motion data, vehicle yaw data, vehicle roll data, vehicle pitch data, vehicle collision data, vehicle orientation data, vehicle angle data, vehicle speed data, vehicle acceleration data, vehicle tilt data, … , data of a pressure applied to an acceleration pedal, data of a pressure applied to a brake pedal, etc. (see paragraph [0103]).
It would therefore have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of Isola with Hwang to include a method, wherein the first sensed information further comprises at least one of an orientation, a shape, or physiological information, in order to enhance system performance and improve pedestrian safety by enabling more responsive and context-aware detection of user movement as taught by Hwang (see paragraph [0373]).
Allowable Subject Matter
Claims 4-7 and 17-20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the Supervisory Patent Examiner (SPE) should be directed to Anthony Addy whose telephone number is (571) 272-7795. The examiner can normally be reached Mon – Fri 8:00-5:00.
SPE interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ANTHONY S ADDY/Supervisory Patent Examiner, Art Unit 2645
Prosecution Insights