DETAILED ACTION
Claims 1-17 received on 07/02/2025 are considered in this office action. Claims 1-17 are pending for examination.
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 07/02/2025 is being considered by the examiner.
Claim Objections
Claim 8 is objected to because of the following informalities: The apparatus of claim 7 should read The apparatus system of claim 7. Appropriate correction is required.
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.
In claims 3 and 17, control means is configured to activate is interpreted to cover the corresponding structure of console, switches or pushbuttons as supported by paragraphs 0019 and 0032 of the specification, as reproduced below.
[0019] Control console 30 is provided to provide the appropriate operational commands for the apparatus, including powering-up the apparatus; accepting the apparatus’s current position as a POR and commence recordation of travel and direction changes; stopping the recordation process; and potentially entering a playback mode. Entry of such commands may be accomplished through switches or pushbuttons. Logic may be provided to allow a single pushbutton to control various functions, such as by entry of a single press to set a POR and commence recording, two pulses to enter a playback mode, and the like.
[0032] Additional functionality may be incorporated into the apparatus. For example, provision may be made for the entry of a second or secondary POR to assist in directing the firefighter to a side (and exit) different from the one originally entered into the system. This can be of value for example, when the command chief wants all firefighters to be aware of a particular POR, such as a side bearing a main entrance into the edifice, irrespective of the specific entry utilized by a firefighter. By use of a particular command entered through the console 30, such a secondary POR can be designated
Claim Rejections - 35 USC § 112
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.
Claims 3 and 14 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.
Claim 3 recites the limitation " the circuitry". There is insufficient antecedent basis for this limitation in the claim. For examination purposes, the Examiner will interpret inertial position-locating circuitry and the circuitry as inertial position-locating circuitry and the as supported by FIG. 2.
Claim 14 recites the limitation " the visual indicator". There is insufficient antecedent basis for this limitation in the claim. For examination purposes, the Examiner will interpret the visual indicator as the direction indicators.
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 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); 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 nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined 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 § 2146 et seq. 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).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-3, 6-8 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-6 of U.S. Patent No. 11740092 (hereinafter ‘092).
Claims 1, 4-5, 10, 13-14 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3, 6, 4 and 5 of U.S. Patent No. 12372359 (hereinafter ‘359).
Table has been created below to compare aforementioned claims of the instant application, ‘092 and ‘359 side by side.
Current Application
U.S. Patent No. 11740092
U.S. Patent No. 12372359
1. An apparatus system for establishing and maintaining a record of travel of an individual, comprising:
inertial position-locating circuitry responsive to movement of the individual configured to set a user-determined initial orientation and indicate subsequent changes of orientations of the individual during the record of travel;
a processor communicatively coupled to the inertial position-locating circuitry;
a memory communicatively coupled to the processor, the memory comprising instructions which, when executed, causes the processor to:
assign a point of reference to one of four orthogonal directions, wherein the point of reference is 180 degrees opposite of the user-determined initial orientation
assign the other three orthogonal directions based on subsequent changes of orientation of the individual during the record of travel with respect to the point of reference; and
store the point of reference and at least a most recent orthogonal direction of the individual; and
a display communicatively coupled to the processor and configured to present direction indicators to assist the individual to reorient towards the point of reference from the most recent orthogonal direction.
1. An apparatus carried by an individual for aiding in directing the individual to a location of a starting point for a path of travel by the individual, comprising:
an inertial position-locating circuitry responsive to movement of the individual, the inertial position-locating circuitry being capable of setting a user-determined initial orientation for the starting point and indicating subsequent changes of orientations of the individual during the path of travel;
a processor coupled to the inertial position-locating circuitry
1. […]a memory coupled to the processor for […]
for assigning a point of reference to a first of four orthogonal directions, wherein the point of reference is 180 degrees opposite of the user-determined initial orientation, the processor further assigning the other three orthogonal directions based on subsequent changes of orientation of the individual during the path of travel with respect to the point of reference;
[…]
saving at least the the point of reference and a most recent orthogonal direction of the individual; and
a display for presenting direction indicators to assist the individual to reorient towards the point of reference from the most recent orthogonal direction.
1. A portable apparatus for establishing and maintaining a record of travel for an individual wearing the apparatus, comprising:
means for setting a user-determined initial starting orientation for a starting point, and indicating subsequent inertial-based changes of orientation of the individual during the record of travel;
means for assigning a point of reference to a first four orthogonal directions, wherein the point of reference is 180 degrees opposite of the user-determined initial orientation, and further assigning the other three orthogonal directions based on the subsequent inertial-based changes of orientation of the individual during the record of travel;
means for storing the point of reference and at least the most recent orthogonal direction; and
a display to present direction indicators to assist the individual to reorient towards the point of reference from the most recent orthogonal direction.
2. The apparatus system of claim 1, wherein the user-determined initial orientation of the individual is the direction in which an individual is facing upon entry into a building through an entrance while the point of reference is the direction to exit the building through the entrance.
2. The apparatus of claim 1, wherein the user-determined initial orientation of the individual is the direction in which an individual is facing upon entry into a building through an entrance while the point of reference is the direction to exit the building through the entrance.
3. The apparatus system of claim 1, further comprising control means coupled to the inertial position-locating circuitry and the circuitry, wherein the control means is configured to activate and stop the inertial-locating circuitry in determining the initial orientation of the individual.
3. The apparatus of claim 1, further including control means coupled to the processor and the inertial position-locating circuitry, wherein the control means can activate the inertial position-locating circuitry to determine the initial orientation of the individual.
4. The apparatus system of claim 1, wherein the display comprises at least one of a visual and aural indicator.
2. The apparatus of claim 1, wherein display changes comprises at least one of a visual and aural indicator.
5. The apparatus system of claim 1, wherein the display comprises four visual indicators corresponding to the four orthogonal directions.
3. The apparatus of claim 1, wherein the display comprises a visual indicator having a series of 4 lights corresponding to the four orthogonal directions.
6. The apparatus system of claim 1, wherein the four orthogonal directions are identified sequentially in a clockwise direction from the direction of the point of reference, and wherein the display further comprises four visual indicators corresponding to each of the four orthogonal directions.
4. The apparatus of claim 1, wherein the four orthogonal directions are identified sequentially in a clockwise direction from the direction of the point of reference, and wherein the display further comprises four indicators corresponding to each of the four orthogonal directions.
7. The apparatus system of claim 6, wherein the display further comprises right and left turn indicators, and wherein the processor determines a direction that the individual must turn from the most recent orthogonal direction of the individual to face in the direction of the point of reference, and activates at least one of the right or left turn indicators based on the determined direction of the individual.
5. The apparatus of claim 4, wherein the display further comprises right and left turn indicators, and wherein the processor determines a direction that the individual must turn from the most recent orthogonal direction of the individual to face in the direction of the point of reference, and activates at least one of the right or left turn indicators based on the determined direction of the individual.
8. The apparatus of claim 7, wherein the display further comprises an indicator which corresponds to the direction of the point of reference of the individual and wherein the processor activates that indicator when the individual is facing the direction of the point of reference.
6. The apparatus of claim 5, wherein the display further comprises an indicator which corresponds to the direction of the point of reference of the individual and wherein the processor activates that indicator when the individual is facing the direction of the point of reference.
10. The apparatus system of claim 1, wherein the memory further comprises instructions, which, when executed, causes the processor to: determine a distance between each subsequent change of orientation of the individual during the record of travel, and store the distance in association with the changes of orientations.
6. The apparatus of claim 1, further comprising means of
determining a distance between each of the changes of orientations and storing the distance in association with the changes of orientations.
13. The apparatus system of claim 1, wherein the apparatus system is incorporated into a self contained breathing apparatus worn by the individual.
4. The apparatus of claim 3, wherein the apparatus is incorporated into a self contained breathing apparatus worn by the individual.
14. The apparatus system of claim 1, wherein the self-contained breathing apparatus includes a mask and the visual indicator is located on the mask.
5. The apparatus of claim 4, wherein the self-contained breathing apparatus includes a mask and the visual indicator is located on the mask.
As illustrated in the table above, all matching elements of the claim limitations appear in bold while non-matching elements of the claim limitations are not bolded.
Although the claims at issue are not identical, they are not patentably distinct from each other because the inventions are directed to an apparatus providing directional indicator to face the point of reference, or direction towards the entrance/exit. The difference between the claims at issue is that the instant application provides “memory comprising instructions which, when executed, causes the processor to perform claim limitations”. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of ‘092 and ‘359 to include a memory storing instructions for the processor to perform the claimed steps. Doing so will the processor to performed the claimed steps, and allow spreading claimed invention by transferring the memory.
Claims 9 and 11-12 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of ‘092 and/or ‘359 in view of CHANG (US 20160258772 A1).
Regarding claim 9, ‘092 and/or ‘359 teaches the apparatus system of claim 1, but fails to specifically teach wherein the memory further comprises instructions, which, when executed, causes the processor to: store a continuing log of each change of orientation of the individual.
However, in the same field of endeavor, CHANG teaches wherein the memory further comprises instructions, which, when executed, causes the processor to: store a continuing log of each change of orientation of the individual (FIG. 3A element 310: receive sensor data indicative of movement; FIG. 3A element 320: user direction change; paragraph 0034: “In block 320, the mobile computing device 100 determines whether the direction of movement of the mobile computing device 100 has changed. Such a change in direction may indicate that the user has turned a corner, changed elevation, veered to a new direction, or otherwise altered the path”; FIG. 3A element 322: generate waypoint based on sensor data; FIG. 3A element 330: add waypoint to path data; paragraph 0016: “The data storage device 126 may be used to record wayfinding information, including sensor data, path information, and recorded user reminders such as images and audio clips”).
‘092 and/or ‘359 and CHANG are both considered to be analogous to the claimed invention because they are in the same field of navigating user to retrace his/her step back to a starting point. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified ‘092 and/or ‘359 to incorporate the teachings of CHANG and add waypoints to path data. Doing so would present the directional instruction to the user and aid the user back to the starting point.
Regarding claim 11, ‘092 and/or ‘359 teaches the apparatus system of claim 1, but fails to specifically teach further comprising altitude sensors configured to indicate altitude changes of the individual.
However, in the same field of endeavor, CHANG teaches further comprising altitude sensors configured to indicate altitude changes of the individual (para. [0019]: “For example, the local location sensors 134 may include one or more motion sensor(s) 136, a magnetic compass 138, and/or an altimeter 140.”; para. [0022]: “The data generated by the altimeter 140 may be precise enough to determine an indoor floor or level of the user, that is, the altimeter 140 may provide altitude data with precision on the order of about ten feet, at least”).
‘092 and/or ‘359 and CHANG are both considered to be analogous to the claimed invention because they are in the same field of navigating user to retrace his/her step back to a starting point. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified ‘092 and/or ‘359 to incorporate the teachings of CHANG and use an altimeter to determine change in altitude of the user. Doing so would further improve the apparatus to retrace steps accounting for level changes, thus enhancing navigation capabilities.
Regarding claim 12, ‘092 and/or ‘359 in view of CHANG teaches the apparatus system of claim 11. CHANG further teaches wherein the memory further comprises instructions, which, when executed, causes the processor to: determine and record altitude changes of the individual (paragraph 0034: “In block 320, the mobile computing device 100 determines whether the direction of movement of the mobile computing device 100 has changed. Such a change in direction may indicate that the user has turned a corner, changed elevation, veered to a new direction, or otherwise altered the path”).
Allowable Subject Matter
Claims 15-17 are allowed.
The following is a statement of reasons for the indication of allowable subject matter.
Regarding independent claim 1, closest prior arts, Chang (US 20160258772 A1), Dymek et al. (US 6268798 B1) and Manley et al. (EP 0621459 A1), taken either individually or in combination with other prior art of record fails to teach the claimed invention as a whole.
Chang, Dymek and Manley are cited in the IDS received on 07/02/2025.
Chang teaches a mobile computing device which stores the starting waypoint and subsequent path traveled by the user (FIG.1 element 120: processor; paragraph 0030: “In block 306, the mobile computing device 100 adds a starting waypoint to the path data 212. The starting waypoint is used as an initial reference point”; paragraph 0034: “In block 320, the mobile computing device 100 determines whether the direction of movement of the mobile computing device 100 has changed”; paragraph 0037: “In some embodiments, in block 326 the mobile computing device 100 may determine the direction of travel. In some embodiments, direction may be determined as an absolute direction based on data received from the compass 138. Additionally or alternatively, direction may be determined in relative terms based on data received from the motion sensor(s) 136, for example from a gyroscope”), and displays the reversed direction for the user to trace his/her step back to the starting point (paragraph 0026: “The waypoint determination module 204 may store the generated directional information in the path data 212 as a number of waypoints. The waypoint determination module 204 is also configured to reverse the waypoints to determine directional instructions to guide the user to each waypoint in a reverse direction from the ending point back to the starting point.”), but fails to specifically teach display communicatively coupled to the processor and configured to present direction indicators to assist the individual to reorient towards the point of reference from the most recent orthogonal direction.
Dymek teaches a device having directional arrow icons to permit rescuers to retrace the path of travel of the first housing unit (col 2 lines 64-67: “the control and display array 40 includes an "enter" button 41, an "exit" button 42, and directional LED display panel 44 provided with a plurality of directional arrow icons 45”; col 3-4 lines 65-1: “The depression of the "exit" button 42 downloads the positional data stored in the microprocessor 60 in reverse order to selectively illuminate in sequential fashion a single arrow icon 45 that corresponds to the desired direction of travel that the firefighter must take to retrace their path out of the building), but fails to specifically teach d display communicatively coupled to the processor and configured to present direction indicators to assist the individual to reorient towards the point of reference from the most recent orthogonal direction.
Manley teaches an electronic compass comprising a processor and memory to direct the user in the saved orientation based on the last experienced or current orientation (cols 1-2 lines 52-1: “recording means for use with the compass placed on a map held in any given position to record the angular difference between map North in that position and geographical North, calculator means for converting between bearings over the ground and map bearings by calculation using said angular difference, and display means for displaying visual indicia related to said conversion”; FIGs. 4a-4c; col 4 lines 3-13: “To follow the desired route over the ground, the input/recall key 28 is depressed and the display 14 displays the bearing relative to North of the intended route desired by the user and an icon 36 indicates the angular direction of the intended bearing as shown in Fig. 4a. Figs. 4b and 4c show that when the direction of the compass 10 veers either to the left or right of the correct bearing, arrows 38 indicate the adjustment (left or right) to be made by the user in order to align the directional heading of the compass 10 with the correct bearing. The severity of the adjustment needed is indicated by the number of arrows 38 displayed, namely one arrow for a slight adjustment and a plurality of arrows for a more severe adjustment”), but fails to specifically teach an inertial position-locating circuitry responsive to movement of the individual and a causes the processor to: assign a point of reference to one of four orthogonal directions, wherein the point of reference is 180 degrees opposite of the user-determined initial orientation assign the other three orthogonal directions based on subsequent changes of orientation of the individual during the record of travel with respect to the point of reference.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. LEE (US20170161004A1) teaches search information displayed on the display may further display indicating the direction along which the rescuer is to enter from his current position, and the arrow may be included and displayed in the guide information.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, James J Lee can be reached on (571) 270-5965. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDREW SANG KIM/Examiner, Art Unit 3668
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