DETAILED ACTION
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 .
Amendment
2. Receipt is acknowledged of the Amendment filed May 20, 2026.
Information Disclosure Statement
3. The Information Disclosure Statement filed on May 20, 2026 has been considered. An initialed copy of the Form 1449 is enclosed herewith.
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 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 claims because the examined application claim is either anticipated by, or would have been obvious over, the reference claims. 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).
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5. Claims 1-8, 10, 12, 14, 17, 18, and 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, 9-15, and 20 of U.S. Patent No. 12,437,166, hereinafter ‘166. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant claimed invention recites similar limitations of ‘166.
Application 19/323,143 (claims 1, 8, and 20)
Patent No. 12,437,166 (claim 1)
1. (Currently Amended) A method of deploying radio-frequency identification (RFID) readers in an installation site, the method comprising: installing the RFID readers and a central controller in the installation site; measuring coordinates of actual locations of the RFID readers in a coordinate system of the installation site; provisioning the central controller with a configuration file representing the actual locations of the RFID readers; and commissioning the central controller and the RFID readers to locate RFID tags in the installation site based on signals from the RFID tags received by the RFID readers and the actual locations of the RFID readers.
2. (New) The method of claim 1, wherein installing the RFID readers and the central controller comprises mounting the RFID readers on a ceiling of the installation site.
8. (New) The method of claim 1, further comprising: generating the configuration file based at least in part on a representation of the installation site.
20. (New) The RFID tag reader installed according to the method of claim 12.
1. A method of deploying radio-frequency identification (RFID) readers in an installation site, the method comprising: measuring ceiling heights and locations of walls and/or fixtures in the installation site; determining, based on the ceiling heights and the locations of walls and/or fixtures, intended locations for the RFID readers in the installation site; provisioning a central controller for the RFID readers with a configuration file representing the intended locations for the RFID readers; installing the RFID readers in the installation site; measuring actual locations of the RFID readers; provisioning the central controller with an updated configuration file representing the actual locations of the RFID readers; and commissioning the central controller and the RFID readers to locate RFID tags in the installation site based on signals from the RFID tags received by the RFID readers and the actual locations of the RFID readers.
Re claim 2 of the application: obvious double patenting applies. It is clear from claim 1 of ‘166, that the readers are to be mounted on the ceiling.
Application 19/323,143 (claims 3 and 5)
Patent No. 12,437,166 (claim 11)
3. (New) The method of claim 1, wherein installing the RFID readers and the central controller comprises connecting the RFID readers to the central controller.
5. (New) The method of claim 1, wherein installing the RFID readers and the central controller comprises: connecting each of the RFID readers to a corresponding Ethernet switch; and connecting the corresponding Ethernet switches to the central controller.
11. The method of claim 1, wherein installing the RFID readers in the installation site comprises: connecting each of the RFID readers to a corresponding Ethernet switch; and connecting the corresponding Ethernet switch to the central controller.
Application 19/323,143 (claims 4 and 17)
Patent No. 12,437,166 (claim 10)
4. (New) The method of claim 1, wherein installing the RFID readers and the central controller comprises adjusting a pitch and/or a roll of at least one of the RFID readers.
17. (New) The method of claim 12, wherein installing the RFID tag reader comprises setting a height, pitch, and/or roll of the RFID tag reader within desired tolerances.
10. The method of claim 1, wherein installing the RFID readers in the installation site comprises adjusting a pitch and/or a roll of at least one of the RFID readers to an angle of 0.0°±0.25°.
Application 19/323,143 (claim 6)
Patent No. 12,437,166 (claim 12)
6. (New) The method of claim 1, further comprising, after installing the RFID readers: measuring angular orientations of the RFID readers, wherein the configuration file further represents the angular orientations of the RFID readers.
12. The method of claim 1, further comprising, after installing the RFID readers: measuring angular orientations of the RFID readers, wherein the updated configuration file further represents the angular orientations of the RFID readers.
Application 19/323,143 (claims 7 and 18)
Patent No. 12,437,166 (claim 2)
7. (New) The method of claim 1, wherein determining the actual locations of the RFID readers comprises performing a lidar scan of the installation site.
18. (New) The method of claim 12, wherein measuring the deviation between the actual location and the desired location comprises performing a lidar scan of the installation site after installing the RFID tag reader at the actual location.
2. The method of claim 1, wherein: measuring the ceiling heights and the locations of walls and/or fixtures comprises performing a first lidar scan of the installation site; and measuring the actual locations of the RFID readers comprises performing a second lidar scan of the installation site.
Application 19/323,143 (claim 10)
Patent No. 12,437,166 (claim 13)
10. (New) The method of claim 1, further comprising, before commissioning the central controller and the RFID readers: testing coverage of the installation site by the RFID readers.
13. The method of claim 1, further comprising, before commissioning the central controller and the RFID readers: testing coverage of the installation site by the RFID readers.
Application 19/323,143 (claim 11)
Patent No. 12,437,166 (claim 14)
11. (New) RFID tag readers deployed according to the method of claim 1.
14. RFID tag readers deployed according to the method of claim 1.
Application 19/323,143 (claim 12)
Patent No. 12,437,166 (claim 15)
12. (New) A method of deploying a radio-frequency identification (RFID) tag reader in an installation site, the method comprising: determining a desired location for the RFID tag reader in the installation site based on a coverage volume of the RFID tag reader, the coverage volume being a locus of points to which the RFID tag reader can broadcast a predetermined amount of RF power; installing the RFID tag reader at an actual location based on the desired location; measuring a deviation between the actual location and the desired location; measuring, with the RFID tag reader, a location of an RFID tag relative to the actual location; and translating the location of the RFID tag relative to the actual location onto a coordinate system of the installation site based at least in part on the deviation between the actual location and the desired location.
15. A method of deploying radio-frequency identification (RFID) readers in an installation site, the method comprising: selecting corner locations such that coverage volumes of RFID readers at the corner locations intersect walls forming corners at or above a first predetermined height based on an expected maximum height of RFID tags on fixtures along the walls; selecting perimeter locations such that coverage volumes of RFID readers at the perimeter locations intersect walls at the first predetermined height and intersect neighboring coverage volumes at or above a second predetermined height based on an expected maximum height of the RFID tags in the installation site; selecting interior locations such that coverage volumes of RFID readers at the interior locations intersect adjacent coverage volumes at or above the second predetermined height; installing the RFID readers at the corner locations, perimeter locations, and interior locations; and commissioning the RFID readers to locate RFID tags in the installation site based on signals from the RFID tags received by the RFID readers and actual locations of the RFID readers.
Application 19/323,143 (claim 14)
Patent No. 12,437,166 (claim 9)
14. (New) The method of claim 12, wherein determining the desired location is further based on a desired spacing between the RFID tag reader and other RFID tag readers in the installation site.
9. The method of claim 1, wherein determining the intended locations for the RFID readers comprises: generating different sets of possible sensor locations based on different desired spacings between adjacent sensor locations…
The only difference between the present claimed invention and ‘166 is the utilization of different terminologies and/or rephrasing of the terminologies. Due to the similarities of the pending claims and the claims set forth in ‘166, the Examiner believes that the scope of each claim set is almost identical.
Allowable Subject Matter
6. Claims 9, 13, 15, 16, and 19 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. The limitations recited in claims 9, 13, 15, 16, and 19 are not set forth in ‘166, therefore the double patenting rejection would not apply.
The following is an examiner’s reason for allowance: Although ‘166 teaches the claimed method of deploying RFID readers in an installation site, ‘166 fails to teach or fairly suggest the specific features of claims 9, 13, 15, 16, and 19 of the present claimed invention. Specifically, prior art fails to teach the method, further comprising: determining intended locations for the RFID readers based on dimensions of the installation site, wherein installing the RFID readers comprises installing the RFID readers at or near the intended locations; or the method wherein the predetermined amount of RF power is an activation power threshold for the RFID tag plus a margin; wherein determining the desired location is further based on positions of other objects at the installation site; wherein determining the desired location is further based on user input; and lastly, wherein the RFID tag is an RFID test tag at a specific location in the installation site. The above limitations are not disclosed in prior art and moreover, one of ordinary skill in the art would not have been motivated to come to the claimed invention.
Conclusion
7. Applicant’s amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 extension fee 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 date of this final action.
8. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Allyson N. Trail whose telephone number is (571) 272-2406. The examiner can normally be reached between the hours of 7:30AM to 4:00PM Monday thru Friday.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael G. Lee, can be reached on (571) 272-2398. The fax phone number for this Group is (571) 273-8300.
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/ALLYSON N TRAIL/ Primary Examiner, Art Unit 2876 June 23, 2026
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