`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMIVHSSIONER FOR PATENTS
`PO. Box 1450
`Alexandria1 Virginia 22313-1450
`www.uspto.gov
`
`
`
`
`
`14/102,168
`
`12/10/2013
`
`Hiroshi Tsuji
`
`732256.417
`
`7030
`
`Seed IP Law Group/Panasonic
`701 Fifth Avenue, Suite 5400
`Seattle, WA 98104
`
`HAILE’ BENYAM
`
`PAPER NUIVIBER
`
`ART UNIT
`
`26 86
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`07/27/2016
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
`following e—mail address(es):
`
`patentinfo @ seedip.c0m
`
`PTOL—90A (Rev. 04/07)
`
`

`

`
`
`Applicant(s)
`Application No.
` 14/102,168 TSUJI ET AL.
`
`
`AIA (First Inventorto File)
`Art Unit
`Examiner
`Office Action Summary
`
`
`BENYAM HAILE first“ 2686
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING DATE OF
`THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR1. 136(a).
`after SIX () MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`
`In no event, however, may a reply be timely filed
`
`-
`-
`
`Status
`
`1)IXI Responsive to communication(s) filed on 06/13/2016.
`[I A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2b)lX| This action is non-final.
`a)I:| This action is FINAL.
`3)I:I An election was made by the applicant in response to a restriction requirement set forth during the interview on
`
`
`; the restriction requirement and election have been incorporated into this action.
`
`4)|:I Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under EX parte Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`
`5)IXI Claim(s) 9 11 13-15 and 22-40 is/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`6)|:l Claim(s) _ is/are allowed.
`
`7)IZ| Claim(s) 9 11 13- 15 and 22-40is/are rejected.
`8)I:I Claim(s)_ is/are objected to.
`
`9)|:l Claim((s)
`are subject to restriction and/or election requirement.
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
`
`participating intellectual property office for the corresponding application. For more information, please see
`htt
`://www.usoto. ov/ atents/init events.) .h/index.
`
`
`‘3 , or send an inquiry to PF"I-Ifeedback{<‘buspto.qov.
`
`
`
`Application Papers
`
`10)I:I The specification is objected to by the Examiner.
`11)|:I The drawing(s) filed on _ is/are: a)I:I accepted or b)I:I objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12)IZI Acknowledgment is made of a claim for foreign priority under 35 U.S.C. §119(a)-(d) or (f).
`Certified copies:
`
`b)I:I Some” c)I:I None of the:
`a)le All
`1.IZI Certified copies of the priority documents have been received.
`2.I:I Certified copies of the priority documents have been received in Application No.
`3.|:I Copies of the certified copies of the priority documents have been received in this National Stage
`
`application from the International Bureau (PCT Rule 17.2(a)).
`** See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`
`
`3) D Interview Summary (PT0_413)
`1) E Notice of References Cited (PTO-892)
`Paper No(s)/Mai| Date.
`.
`.
`—
`4) I:I Other'
`2) D InformatIon DIscIosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mai| Date
`US. Patent and Trademark Office
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20160719
`
`

`

`Application/Control Number: 14/ 102,168
`
`Page 2
`
`Art Unit: 2686
`
`DETAILED ACTION
`
`1.
`
`The present application is being examined under the pre—AIA first to invent provisions.
`
`Status of Claims
`
`2.
`
`On the request for continuation filed on 06/13/2016, claims 9, 28, 29, 21 have been
`
`amended; and claim 10 has been canceled. Claims 9, 11, 13-15, 22-40 are pending.
`
`Claim Rejections - 35 USC § 103
`
`3.
`
`The following is a quotation of pre—AIA 35 USC. 103(a) which forms the basis for all
`
`obviousness rejections set forth in this Office action:
`
`(a) A patent may not be obtained though the invention is not identically disclosed or described as set
`forth in section 102 of this title, if the differences between the subject matter sought to be patented and
`the prior art are such that the subject matter as a whole would have been obvious at the time the
`invention was made to a person having ordinary skill in the art to which said subject matter pertains.
`Patentability shall not be negatived by the manner in which the invention was made.
`
`4.
`
`The factual inquiries set forth in Graham v. John Deere C0., 383 US. l, 148 USPQ 459
`
`(1966), that are applied for establishing a background for determining obviousness under pre—
`
`AIA 35 USC. 103(a) 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.
`
`

`

`Application/Control Number: 14/102,168
`
`Page 3
`
`Art Unit: 2686
`
`5.
`
`Claims 9, 11, 15, 22-24, 27, 29-32, 37-40 are rejected under pre—AIA 35 U.S.C. 103(a) as
`
`being unpatentable over White [US 20090040053] in view of Tanaka et al. [Tanaka, US
`
`20100271186] further in View of Teller et al. [Teller, US 8810392].
`
`As to claim 9. White discloses A locator system, [fig 9], comprising:
`
`a mobile information terminal, remote locator unit (10) which is described to be
`
`portable in [par. 30]; and
`
`a locator, second unit (20) [par. 31], communicable with the mobile communication
`
`terminal, [par. 33], according to a radio communication protocol, [par. 34], the locator
`
`including a user operable switch, switch (40) [par. 33], which, when operated for a defined
`
`period of time, causes the locator to transmit a calling message having a first signal
`
`intensit and, wherein the mobile information terminal, in response to receiving the calling
`
`message, outputs a confirmation sound, [par. 34] wherein the units (10) and (20) can be made
`
`to be identical and have identical components wherein when one of the units activates the switch
`
`(40), the unit transmits an RF signal to the remote locator unit (10), which is known to have a
`
`predetermined signal intensity, [par. 33] when the switch is operated for a predetermined delay
`
`period, wherein the remote locator unit outputs an alarm, that is an emergency sound, [par. 36].
`
`White teaches that the units (10, 20) are used to locate each other in close proximity to
`
`one another, [par. 24, 25], but fails to specifically disclose that the communication protocol is a
`
`near field radio communication and when operated longer than the defined period of time,
`
`causes the locator to transmit the calling message having a second signal intensity higher
`
`than the first signal intensity.
`
`

`

`Application/Control Number: 14/102,168
`
`Page 4
`
`Art Unit: 2686
`
`Tanaka teaches a location determination system comprising an RFID reader/writer,
`
`(1000A/B) and tag, (2000), [par. 42] wherein the reader, when activated, transmits an
`
`interrogation signal to the tag with a given power, [par. 109] and changes the transmission power
`
`after a given amount of time has elapsed, [par. 110] which increases gradually, [par. 165].
`
`It would have been obvious for one of ordinary skill in the art at the time of the filing of
`
`the claimed invention to combine the teachings of White with that of Tanaka so that by
`
`increasing the transmission signal intensity gradually when the activation switch is held for more
`
`than a predetermined period of time, the locator can increase the coverage area for the
`
`transmission power to allow the discovery of the mobile communication terminal that might be
`
`located outside the coverage range of the first signal intensity.
`
`The combination of White and Tanaka teaches that an RFID tag and reader combination
`
`can be implemented to have a user operable switch, when activated, activates the reader to
`
`transmit a calling signal with a predetermined amount of intensity, and when operated for a
`
`period more than a predetermined amount of time, increases the transmission power, wherein
`
`when receiving the calling signal, the receiver outputs a confirmation sound, but fails to
`
`explicitly teach that the RFID system is implemented using a near field radio communication
`
`protocol.
`
`Teller teaches a device and method for monitoring the presence of items and issuing an
`
`alert if an item is not detected wherein a mobile phone (110), equipped with an RFID reader used
`
`as a locator and items equipped with an RFID tag are to be located, [col. 7, lines 18—26], wherein
`
`the system can be implemented using a near field communication protocol, [col. 5, lines 57—64].
`
`

`

`Application/Control Number: 14/ 102,168
`
`Page 5
`
`Art Unit: 2686
`
`It would have been obvious for one of ordinary skill in the art at the time of the filing of
`
`the claimed invention to combine the teachings of the combination of White and Tanaka with
`
`that of Teller so that implementing a NFC protocol to be used, the system can be implemented to
`
`operate in a peer—to—peer format allowing for signal to be forwarded between items until the
`
`required item is found.
`
`As to claim 11. The combination of White and Tanaka fail to disclose The locator
`
`system according to claim 9, wherein the mobile information terminal is structured to shift
`
`to a locked state in which operation of the mobile information terminal is restricted, when a
`
`first defined time period elapses after the confirmation sound is outputted.
`
`Teller teaches a device for monitoring the presence of items using RFID, [col. 7, lines 18—
`
`26], wherein the system initiates a notification process when the items are not within a
`
`predetermined proximity range, as illustrated in [fig. 8] and [col. 24, lines 29—38] and wherein
`
`when a device that was outside the detection range and is detected the system can lock the
`
`device, [col. 42, line 58 — col. 43, line 14] and [col. 20, line 48 — col. 21, line 3].
`
`It would have been obvious to one of ordinary skill in the art at the time of the invention
`
`to combine the teachings of the combination of White and Tanaka with that of Teller so that by
`
`locking the device, the system can restrict access to user information in the device by
`
`unauthorized person.
`
`As to claim 15. White discloses The locator system according to claim 9, wherein the
`
`mobile information terminal is instructed to change a pattern of the confirmation sound in
`
`accordance with distance of the calling message received from the locator, the system uses
`
`

`

`Application/Control Number: 14/102,168
`
`Page 6
`
`Art Unit: 2686
`
`sound to output an alarm condition wherein the system outputs a louder sound as the second
`
`device is getting closer to the first device, [par. 36].
`
`White fails to specifically disclose that the distance between the two devices is
`
`determined based on the signal strength of the received signal.
`
`White, in a different embodiment, teaches that the distance between a transmitter and a
`
`receiver can be determined using the signal strength of the received signal, [par. 44].
`
`It would have been obvious to one of ordinary skill in the art at the time of the invention
`
`to combine the teachings of White to understand that the distance between the first and second
`
`unit is determined using the signal strength of the received signal so that by varying the sound
`
`alert based on the signal strength, the system can indicate to the user if the user is getting close or
`
`further from the device that is being located.
`
`As to claim 22. White discloses the locator system according to claim 15, wherein the
`
`mobile information terminal outputs the confirmation sound having a first pattern when
`
`the distance of the calling unit received from the locator is lower indicating that the locator
`
`is further away, and outputs the confirmation sound having a second pattern, different
`
`from the first pattern, when the distance of the calling message received from the locator is
`
`higher indicating the locator is closer, the system uses sound to output an alarm condition
`
`wherein the system outputs a different pattern of sound as the second device is getting closer to
`
`the first device, [par. 36].
`
`White fails to specifically disclose that the distance between the two devices is
`
`determined based on the signal strength of the received signal.
`
`

`

`Application/Control Number: 14/102,168
`
`Page 7
`
`Art Unit: 2686
`
`White, in a different embodiment, teaches that the distance between a transmitter and a
`
`receiver can be determined using the signal strength of the received signal, [par. 44].
`
`It would have been obvious to one of ordinary skill in the art at the time of the invention
`
`to combine the teachings of White to understand that the distance between the first and second
`
`unit is determined using the signal strength of the received signal so that by varying the sound
`
`alert based on the signal strength, the system can indicate to the user if the user is getting close or
`
`further from the device that is being located.
`
`As to claim 23. White fails to disclose The locator system according to claim 9,
`
`wherein the mobile information terminal transmits a response message to the locator in
`
`response to receiving the calling message.
`
`Tanaka teaches a location determination system comprising an RFID reader/writer,
`
`(1000A/B) and tag, (2000), [par. 42] wherein the reader, when activated, transmits an
`
`interrogation signal to the tag with a given power, [par. 109], wherein upon receiving the signal,
`
`the tag sends an acknowledgment signal, [par. 34].
`
`It would have been obvious to one of ordinary skill in the art at the time of the invention
`
`to combine the teachings of White with that of Tanaka so that by replying to a calling message,
`
`the system can acknowledge the receiving of the message and reply with appropriate response.
`
`As to claim 24. White fails to disclose The locator system according to claim 23,
`
`wherein the locator repeatedly transmits the calling message until receiving the response
`
`message.
`
`Tanaka teaches that the RFID reader/writer repeatedly sends an interrogation signal until
`
`receiving an acknowledgment signal from the tag, [par. 33].
`
`

`

`Application/Control Number: 14/ 102,168
`
`Page 8
`
`Art Unit: 2686
`
`It would have been obvious to one of ordinary skill in the art at the time of the invention
`
`to combine the teachings of the combination of White with that of Tanaka so that by periodically
`
`transmitting until an acknowledgment is received, the system can make sure that a receiver
`
`within a receiving range of the transmitter can acknowledge the request.
`
`As to claim 27. The combination of White and Tanaka fail to disclose The locator
`
`system according to claim 11, wherein the mobile information terminal is structured to be
`
`released from the locked state when a password is inputted to the mobile information
`
`terminal.
`
`Teller teaches a device for monitoring the presence of items using RFID, [col. 7, lines 18—
`
`26], wherein the system initiates a notification process when the items are not within a
`
`predetermined proximity range, as illustrated in [fig. 8] and [col. 24, lines 29—38] and wherein
`
`when a device that was outside the detection range and is detected the system can lock the
`
`device, [col. 42, line 58 — col. 43, line 14] and [col. 20, line 48 — col. 21, line 3] wherein the
`
`system can only be unlocked by entering an appropriate password.
`
`It would have been obvious to one of ordinary skill in the art at the time of the invention
`
`to combine the teachings of the combination of White and Tanaka with that of Teller so that by
`
`locking the device, the system can restrict access to user information in the device by
`
`unauthorized person.
`
`As to claim 29. White discloses A method of locating a mobile information terminal
`
`comprising:
`
`receiving, at a locator, second unit (20) [par. 31], including a user operable switch,
`
`switch (40) [par. 33], a user operation of the switch, [par. 34] wherein the units (10) and (20)
`
`

`

`Application/Control Number: 14/102,168
`
`Page 9
`
`Art Unit: 2686
`
`can be made to be identical and have identical components wherein when one of the units
`
`activates the switch (40), the unit transmits an RF signal to the remote locator unit (10), [par. 36],
`
`transmitting, from the locator, a calling message having a first signal intensity
`
`according to a radio communication protocol in response to receiving the user operation of
`
`the switch for a predefined period of time, outputting, at the mobile information terminal,
`
`a confirmation sound in response to receiving the calling message transmitted from the
`
`locator, [par. 34, 36] ] wherein the units (10) and (20) can be made to be identical and have
`
`identical components wherein when one of the units activates the switch (40), the unit transmits
`
`an RF signal to the remote locator unit (10), which is known to have a predetermined signal
`
`intensity, [par. 33] when the switch is operated for a predetermined delay period, wherein the
`
`remote locator unit outputs an alarm, that is an emergency sound, [par. 36].
`
`White teaches that the units (10, 20) are used to locate each other in close proximity to
`
`one another, [par. 24, 25], but fails to specifically disclose that the communication protocol is a
`
`near field radio communication and transmitting, from the locator, the calling message
`
`having a second signal intensity higher than the first signal intensity in response to
`
`receiving the user operation of the switch longer than the defined period of time.
`
`Tanaka teaches a location determination system comprising an RFID reader/writer,
`
`(1000A/B) and tag, (2000), [par. 42] wherein the reader, when activated, transmits an
`
`interrogation signal to the tag with a given power, [par. 109] and changes the transmission power
`
`after a given amount of time has elapsed, [par. 110] which increases gradually, [par. 165].
`
`It would have been obvious for one of ordinary skill in the art at the time of the filing of
`
`the claimed invention to combine the teachings of White with that of Tanaka so that by
`
`

`

`Application/Control Number: 14/102,168
`
`Page 10
`
`Art Unit: 2686
`
`increasing the transmission signal intensity gradually when the activation switch is held for more
`
`than a predetermined period of time, the locator can increase the coverage area for the
`
`transmission power to allow the discovery of the mobile communication terminal that might be
`
`located outside the coverage range of the first signal intensity.
`
`The combination of White and Tanaka teaches that an RFID tag and reader combination
`
`can be implemented to have a user operable switch, when activated, activates the reader to
`
`transmit a calling signal with a predetermined amount of intensity, and when operated for a
`
`period more than a predetermined amount of time, increases the transmission power, wherein
`
`when receiving the calling signal, the receiver outputs a confirmation sound, but fails to
`
`explicitly teach that the RFID system is implemented using a near field radio communication
`
`protocol.
`
`Teller teaches a device and method for monitoring the presence of items and issuing an
`
`alert if an item is not detected wherein a mobile phone (110), equipped with an RFID reader used
`
`as a locator and items equipped with an RFID tag are to be located, [col. 7, lines 18—26], wherein
`
`the system can be implemented using a near field communication protocol, [col. 5, lines 57—64].
`
`It would have been obvious for one of ordinary skill in the art at the time of the filing of
`
`the claimed invention to combine the teachings of the combination of White and Tanaka with
`
`that of Teller so that implementing a NFC protocol to be used, the system can be implemented to
`
`operate in a peer—to—peer format allowing for signal to be forwarded between items until the
`
`required item is found.
`
`

`

`Application/Control Number: 14/102,168
`
`Page 11
`
`Art Unit: 2686
`
`As to claim 30. White fails to disclose The method according to claim 29, further
`
`comprising: transmitting, from the mobile information terminal, a response message in
`
`response to receiving the calling message transmitted from the locator.
`
`Tanaka teaches a location determination system comprising an RFID reader/writer,
`
`(1000A/B) and tag, (2000), [par. 42] wherein the reader, when activated, transmits an
`
`interrogation signal to the tag with a given power, [par. 109], wherein upon receiving the signal,
`
`the tag sends an acknowledgment signal, [par. 34].
`
`It would have been obvious to one of ordinary skill in the art at the time of the invention
`
`to combine the teachings of White with that of Tanaka so that by replying to a calling message,
`
`the system can acknowledge the receiving of the message and reply with appropriate response.
`
`As to claim 31. White discloses A mobile information terminal, comprising:
`
`a communicator, remote locator unit (10) which is described to be portable in [par. 30]
`
`communicable with an external locator, second unit (20) [par. 31], according to a radio
`
`communication protocol, [par. 33, 34], and
`
`a controller, microcontroller (60), coupled to the communicator, [par. 37, 40] that the
`
`microcontroller controls the operations of the remote locator unit, and operable to:
`
`detect a calling message received from the locator by the communicator,
`
`wherein the detected calling message was generated by the locator having one of a
`
`first signal intensity; and direct output of a confirmation sound in response to
`
`detecting the calling message, [par. 34] wherein the units (10) and (20) can be made to
`
`be identical and have identical components wherein when one of the units activates the
`
`switch (40), the unit transmits an RF signal to the remote locator unit (10), which is
`
`

`

`Application/Control Number: 14/102,168
`
`Page 12
`
`Art Unit: 2686
`
`known to have a predetermined signal intensity, [par. 33] when the switch is operated for
`
`a predetermined delay period, wherein the remote locator unit outputs an alarm, that is an
`
`emergency sound, [par. 36].
`
`White teaches that the units (10, 20) are used to locate each other in close proximity to
`
`one another, [par. 24, 25], but fails to specifically disclose that the communication protocol is a
`
`near field radio communication and that the calling signal can have a second signal intensity
`
`higher than the first signal intensity.
`
`Tanaka teaches a location determination system comprising an RFID reader/writer,
`
`(1000A/B) and tag, (2000), [par. 42] wherein the reader, when activated, transmits an
`
`interrogation signal to the tag with a given power, [par. 109] and changes the transmission power
`
`after a given amount of time has elapsed, [par. 110] which increases gradually, [par. 165].
`
`It would have been obvious for one of ordinary skill in the art at the time of the filing of
`
`the claimed invention to combine the teachings of White with that of Tanaka so that by
`
`increasing the transmission signal intensity gradually when the activation switch is held for more
`
`than a predetermined period of time, the locator can increase the coverage area for the
`
`transmission power to allow the discovery of the mobile communication terminal that might be
`
`located outside the coverage range of the first signal intensity.
`
`The combination of White and Tanaka teaches that an RFID tag and reader combination
`
`can be implemented to have a user operable switch, when activated, activates the reader to
`
`transmit a calling signal with a predetermined amount of intensity, and when operated for a
`
`period more than a predetermined amount of time, increases the transmission power, wherein
`
`when receiving the calling signal, the receiver outputs a confirmation sound, but fails to
`
`

`

`Application/Control Number: 14/102,168
`
`Page 13
`
`Art Unit: 2686
`
`explicitly teach that the RFID system is implemented using a near field radio communication
`
`protocol.
`
`Teller teaches a device and method for monitoring the presence of items and issuing an
`
`alert if an item is not detected wherein a mobile phone (110), equipped with an RFID reader used
`
`as a locator and items equipped with an RFID tag are to be located, [col. 7, lines 18—26], wherein
`
`the system can be implemented using a near field communication protocol, [col. 5, lines 57—64].
`
`It would have been obvious for one of ordinary skill in the art at the time of the filing of
`
`the claimed invention to combine the teachings of the combination of White and Tanaka with
`
`that of Teller so that implementing a NFC protocol to be used, the system can be implemented to
`
`operate in a peer—to—peer format allowing for signal to be forwarded between items until the
`
`required item is found.
`
`As to claim 32. White fails to disclose The mobile information terminal according to
`
`claim 31, wherein the controller is further operable to: direct the communicator to
`
`transmit a response message to the locator in response to receiving the calling message.
`
`Tanaka teaches a location determination system comprising an RFID reader/writer,
`
`(1000A/B) and tag, (2000), [par. 42] wherein the reader, when activated, transmits an
`
`interrogation signal to the tag with a given power, [par. 109], wherein upon receiving the signal,
`
`the tag sends an acknowledgment signal, [par. 34].
`
`It would have been obvious to one of ordinary skill in the art at the time of the invention
`
`to combine the teachings of White with that of Tanaka so that by replying to a calling message,
`
`the system can acknowledge the receiving of the message and reply with appropriate response.
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`Application/Control Number: 14/ 102,168
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`Page 14
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`Art Unit: 2686
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`As to claim 37. The combination of White and Tanaka fail to disclose The mobile
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`information terminal according to claim 31, wherein the controller is further operable to:
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`shift to a locked state, in which operation of the mobile information terminal is restricted,
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`when a first defined time period elapses after the confirmation sound is outputted.
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`Teller teaches a deVice for monitoring the presence of items using RFID, [col. 7, lines 18—
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`26], wherein the system initiates a notification process when the items are not within a
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`predetermined proximity range, as illustrated in [fig. 8] and [col. 24, lines 29—38] and wherein
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`when a deVice that was outside the detection range and is detected the system can lock the
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`deVice, [col. 42, line 58 — col. 43, line 14] and [col. 20, line 48 — col. 21, line 3].
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`It would have been obVious to one of ordinary skill in the art at the time of the invention
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`to combine the teachings of the combination of White and Tanaka with that of Teller so that by
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`locking the deVice, the system can restrict access to user information in the deVice by
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`unauthorized person.
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`As to claim 38. The combination of White and Tanaka fail to disclose The mobile
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`information terminal according to claim 37, wherein the controller is further operable to:
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`shift out of the locked state in response to receiving a password.
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`Teller teaches a deVice for monitoring the presence of items using RFID, [col. 7, lines 18—
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`26], wherein the system initiates a notification process when the items are not within a
`
`predetermined proximity range, as illustrated in [fig. 8] and [col. 24, lines 29—38] and wherein
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`when a deVice that was outside the detection range and is detected the system can lock the
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`deVice, [col. 42, line 58 — col. 43, line 14] and [col. 20, line 48 — col. 21, line 3] wherein the
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`system can only be unlocked by entering an appropriate password.
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`

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`Application/Control Number: 14/102,168
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`Page 15
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`Art Unit: 2686
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`It would have been obvious to one of ordinary skill in the art at the time of the invention
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`to combine the teachings of the combination of White and Tanaka with that of Teller so that by
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`locking the device, the system can restrict access to user information in the device by
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`unauthorized person.
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`As to claim 39. White discloses The mobile information terminal according to claim
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`31, wherein the controller is further operable to: change a pattern of the confirmation
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`sound in accordance with a distance of the calling message received from the locator by the
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`communicator, the system uses sound to output an alarm condition wherein the system outputs
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`a louder sound as the second device is getting closer to the first device, [par. 36].
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`White fails to specifically disclose that the distance between the two devices is
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`determined based on the signal strength of the received signal.
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`White, in a different embodiment, teaches that the distance between a transmitter and a
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`receiver can be determined using the signal strength of the received signal, [par. 44].
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`It would have been obvious to one of ordinary skill in the art at the time of the invention
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`to combine the teachings of White to understand that the distance between the first and second
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`unit is determined using the signal strength of the received signal so that by varying the sound
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`alert based on the signal strength, the system can indicate to the user if the user is getting close or
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`further from the device that is being located.
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`As to claim 40. White discloses The mobile information terminal according to claim
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`39, wherein the controller is further operable to: direct output of the confirmation sound
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`having a first pattern when the distance of the calling unit received from the locator is lower
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`indicating that the locator is further away, and direct output of the confirmation sound
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`Application/Control Number: 14/ 102,168
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`Page 16
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`Art Unit: 2686
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`having a second pattern, different from the first pattern, when the distance of the calling
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`unit received from the locator is higher indicating that the locator is closer, the system uses
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`sound to output an alarm condition wherein the system outputs a different pattern of sound as the
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`second device is getting closer to the first device, [par. 36].
`
`White fails to specifically disclose that the distance between the two devices is
`
`determined based on the signal strength of the received signal.
`
`White, in a different embodiment, teaches that the distance between a transmitter and a
`
`receiver can be determined using the signal strength of the received signal, [par. 44].
`
`It would have been obvious to one of ordinary skill in the art at the time of the invention
`
`to combine the teachings of White to understand that the distance between the first and second
`
`unit is determined using the signal strength of the received signal so that by varying the sound
`
`alert based on the signal strength, the system can indicate to the user if the user is getting close or
`
`further from the device that is being located.
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`6.
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`Claims 13, 14, 35, 36 are rejected under pre—AIA 35 U.S.C. 103(a) as being unpatentable
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`over White in View of Tanaka as applied to claim 9 above, further in View of Guttman et al.
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`[Guttman, US 20130002402].
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`As to claim 13. the combination of White, Tanaka and Teller fails to disclose The
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`locator system according to claim 9, wherein: the mobile information terminal transmits a
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`first response message including a command to lower a signal intensity of the calling
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`message when a reception intensity of the calling message transmitted from the locator is
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`higher than a defined level; and
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`

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`Application/Control Number: 14/ 102,168
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`Page 17
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`Art Unit: 2686
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`the locator lowers the signal intensity of the calling message when receiving the first
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`response.
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`Guttman teaches a signaling device that transmits a response after receiving a prompting
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`signal from a signaling device (10), the transceiver transmits an