UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 2231371450
`www.uspto.gov
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`15/712,664
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`09/22/2017
`
`Katsunao TAKAHASHI
`
`PANDP0239US
`
`2133
`
`MARK D. SARALINO (PAN)
`RENNER, OTTO, BOISSELLE & SKLAR, LLP
`1621 EUCLID AVENUE
`19TH FLOOR
`CLEVELAND, OH 441 15
`
`GOLDMAN RICHARD A
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`ART UNIT
`3663
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`PAPER NUMBER
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`NOTIFICATION DATE
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`DELIVERY MODE
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`06/27/2019
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`ELECTRONIC
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
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`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
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`following e—mail address(es):
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`ipdoeket@rennerotto.eom
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`PTOL-90A (Rev. 04/07)
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`

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`0/7709 A0170” Summary
`
`Application No.
`15/712,664
`Examiner
`RICHARD A GOLDMAN
`
`Applicant(s)
`TAKAHASHI, Katsunao
`Art Unit
`AIA (FITF) Status
`3663
`Yes
`
`- The MAILING DA TE of this communication appears on the cover sheet wit/7 the correspondence address -
`Period for Reply
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`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 CFR 1.136(a). In no event, however, may a reply be timely filed after SIX (6) MONTHS from the mailing
`date of this communication.
`|f 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).
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`Status
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`1). Responsive to communication(s) filed on 22 September 2017.
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2a)D This action is FINAL.
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`2b)
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`This action is non-final.
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`3)[:] 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.
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`4)[:] 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 Expat/7e Quay/e, 1935 CD. 11, 453 O.G. 213.
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`Disposition of Claims*
`5)
`Claim(s)
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`1—10 is/are pending in the application.
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`5a) Of the above claim(s)
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`is/are withdrawn from consideration.
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`E] Claim(s)
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`is/are allowed.
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`Claim(s) fl is/are rejected.
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`Claim(s) fl is/are objected to.
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`) ) ) )
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`6 7
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`8
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`
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`are subject to restriction and/or election requirement
`[:1 Claim(s)
`9
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
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`participating intellectual property office for the corresponding application. For more information, please see
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`http://www.uspto.gov/patents/init events/pph/index.'sp or send an inquiry to PPeredback@uspto.gov.
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`Application Papers
`10):] The specification is objected to by the Examiner.
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`11). The drawing(s) filed on 22 September 2017 is/are: a). accepted or b)E] 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). Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
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`a). All
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`b)|:] Some**
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`c)C] None of the:
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`1.. Certified copies of the priority documents have been received.
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`21:] Certified copies of the priority documents have been received in Application No.
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`3D 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)).
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`** See the attached detailed Office action for a list of the certified copies not received.
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`Attachment(s)
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`1)
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`Notice of References Cited (PTO-892)
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`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail DateW.
`U.S. Patent and Trademark Office
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`3) C] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) CI Other-
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`PTOL-326 (Rev. 11-13)
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`Office Action Summary
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`Part of Paper No./Mai| Date 20190622
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`

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`Application/Control Number: 15/712,664
`Art Unit: 3663
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`Page 2
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`DETAILED ACTION
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`Notice ofPre-AIA 0r AIA Status
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`1.
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`The present application, filed on or after March 16, 2013, is being examined under the
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`first inventor to file provisions of the AIA.
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`Claim Objections
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`2.
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`Claim 4 is objected to because of the following informalities:
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`a.
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`As per claim 4, Applicant recites “the transmitter to transmit the first radio wave
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`on the desired position” which is awkwardly phrase with regard to “on the”.
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`b.
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`Appropriate correction is required.
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`Claim Rejections - 35 US C § 112
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`3.
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`The following is a quotation of 35 U.S.C. 112(b):
`(b) CONCLUSION.7The 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.
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`4.
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`Claim 7 recites the limitation "the three or more points" twice. There is insufficient
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`antecedent basis for this limitation in the claim.
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`5.
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`Claim 7 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre—AIA), second
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`paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject
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`matter which the inventor or a joint inventor, or for pre—AIA the applicant regards as the
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`invention. Applicant recites “of the three or more points” after reciting “a plurality of points”
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`which is unclear with regard to the number of points to be considered. As such, this has been
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`interpreted in line with the rejection infra.
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`

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`Application/Control Number: 15/712,664
`Art Unit: 3663
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`Page 3
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`6.
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`The following is a quotation of 35 U.S.C. 112(d):
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`(d) REFERENCE IN DEPENDENT FORMS.7Subject to subsection (e), a claim in dependent form
`shall contain a reference to a claim previously set forth and then specify a further limitation of the
`subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the
`limitations of the claim to which it refers.
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`The following is a quotation of pre—AIA 35 U.S.C. 112, fourth paragraph:
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`Subject to the following paragraph [i.e., the fifth paragraph of pre—AIA 35 U.S.C. 112], a claim in
`dependent form shall contain a reference to a claim previously set forth and then specify a further
`limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by
`reference all the limitations of the claim to which it refers.
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`7.
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`Claims 2 and 8 are rejected under 35 U.S.C. 112(d) or pre—AIA 35 U.S.C. 112, 4th
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`paragraph, as being of improper dependent form for failing to further limit the subject matter of
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`the claim upon which it depends, or for failing to include all the limitations of the claim upon
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`which it depends. Claims 2 and 8 appear to expand the verbiage utilized to encapsulate the
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`operation of claims 1 and 7 at more than three positions of the electronic device. Applicant may
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`cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite
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`the claim(s) in independent form, or present a sufficient showing that the dependent claim(s)
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`complies with the statutory requirements.
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`Claim Rejections - 35 US C § 103
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`8.
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`In the event the determination of the status of the application as subject to AIA 35 U.S.C.
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`102 and 103 (or as subject to pre—AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the
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`statutory basis for the rejection will not be considered a new ground of rejection if the prior art
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`relied upon, and the rationale supporting the rejection, would be the same under either status.
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`

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`Application/Control Number: 15/712,664
`Art Unit: 3663
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`Page 4
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`9.
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`The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness
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`rejections set forth in this Office action:
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`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.
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`10.
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`Claims 1—10 are rejected under 35 U.S.C. 103 as being unpatentable over Koji (2007—
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`316028 — citations below refer to translated document provided by Applicant in IFW).
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`As per claim l. Koji. teaches a navigation satellite system comprising: a trai‘ismitter that
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`transmits a first radio wave (@0233: “wireless communication part 2i ol’ the moving
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`communication device 20 are constituted hy the wireless transmitting and. receiving means which
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`used electric waves”) ; and an electronic device that calculates position coordinates of the
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`ciectroni c device by using a second ratlio wave from a global navigation. satellite system (EENSS)
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`satellite t: it}. lF-‘ig. l, {0009] “The first moving coinn'iunication device that is provided with the
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`position detecting means which detects a current position, and acquires a current position
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`autonomously” [002i] “position detecting part ll of the moving communication device l0 has 2
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`function which detects the current position of the moving device l0,” “GPS can he used as a
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`system which acquires such a current position”), the navigation satellite system obtaining
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`position coordinates of the transmitter, wherein the electronic device includes a receiver that
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`receives the first radio wave from the transmitter ([0022] “The wireless communieation part 12
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`of the moving device l 0 and the wireless crnrnntini cati on part 21 of the moving coininuni cati on
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`device 20 are constituted by the wireless transmitting and receiving means which used electric
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`waves” “or it might be a wireless lsicl transmitting and receiving means
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`and may use the
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`radiovtransinissimi—and~reception means”) and the second radio wave from the GNSS satellite
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`

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`Application/Control Number: 15/712,664
`Art Unit: 3663
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`Page 5
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`tttltifil} “GPS can he used as a system which acquires such a current position” receipt cf radie
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`wave signal is inherent in generai GPS eperatienfi and a centreiler (l3, Fig. it [002;] “the
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`distance measurement section") that caicniates a, distance beta cm the el aetrenic device and the
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`transmitter based en the received first radie w ave {£06.24} “The transmissien request signal
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`which requires transmissien at a data signal from the nieving eemmunicatien device fit) from the
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`moving ceninitniicatimi device 10 is transmitted,
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`if this transmissinn request signal is received
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`the. moving cmrnmniicatien device 26 tviii generate the. data signal which strn'ed the intennatirm
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`en the average transmissien pe'sver [E set up preliminarily and wiil transmit the data signal
`'3)
`(’w’
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`eeneerning t0 the meving cenimuhieatinh device
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`the ineving ennnnnnieatinn device it)
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`receives this data signals, and measures average received power Pr at that time” this paragraph
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`crmtinnes dest‘:rihing i‘ietv distance is calculated hased upen this internsaticn), and calcuiates
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`pnsitien ceerdinates at~ the electrenic device based on the received secend radic wave {[903 i}
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`“The niehile cnnimnmeatinn device it) identifies the pesitien ef the nieving eeininnnicatien
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`device 20 as feilnws from the distance of the current partition attire seif—eqnipmcnr‘ nbminea’ by
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`the pastries: detecting part i I” temp} asis added); and the ctn'itrnlier calculates, based en the
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`secend radio wave received when the el ctrenic device is present at each one cl” three er mere
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`paints, r°spcctive pesitinn eeei'dinates ef the three er mere points {[3634} “when the ineving
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`cenimnnieatinn device 10 nieves in nnnlineart it is pessihie by perferniing distance measurement
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`3 times at mere”), calcniates respective distances between the electmnic device and the
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`transmitter when the eiectrenic device is present at each ene of the three or rnere paints ($00341
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`“when the nievihg eemmunicatien device it) nieves in nonlinear, it is pessihle hy perfnrniing
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`distance measurement 3 times or mere”), and caicuiates p Jsitinn coordinates el" the transmitter
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`based en the pesitinn crn'ndinates at" the three er mere paints and respective distances between
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`

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`Application/Control Number: 15/712,664
`Art Unit: 3663
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`Page 6
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`each ene of the three or mere points and the transmitter ( {(3034} “when the ninving
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`cennnnnicatinn device 10 nieves in nnniinean it is possihie by perferniing distance measurement
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`3 times er niere tinies
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`to identity ene pesition of the moving ceinmnnicatien device 2%”)
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`Keji dees net expticitiy tlisciose that the transmissien item the transmitter has a predetermined
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`frequency Hewever, it was welt lthnwn that nne having Ordinary skiii in the art would have
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`utilized a predetermined frequency in erder to be able to preperly measure and receive the data at
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`the. eiectronic device.
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`it wrndd have been rdivirnis tn mmiit’y Keji with the ntilizatirm {if a
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`predetermined i’i‘eqnencv in nrtler tn apnrcpriately receive and measure the transtnitted signal and
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`derive the desired informatien there freni.
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`As per ciainr 2 Keji teaches navigation sateiiite system according te claim it wherein the
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`contrciler calcniatesn hased en the sectnid radie wave received when the eieetimiic device is
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`present at a first point, coerdinates of the first peint, calculates, hasetl en the secentl radio wave
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`received when the eiectrnnic device is present at a secnnd paint, eenrtlinates of the secend point,
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`and calculates, based en the secnnd radio wave received when the eiectrnnic device is present at
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`a third point, cenniinates of the third paint. calcidates a first distance hetween the electronic
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`device and the transmitter when the electrenic device is present at the first peint. a second
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`distance hetween the etectrenic device and the transmitter when the eiectrenic device is present
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`at the second point and a third distance hetvveen the eiectrenic device and the transmitter when
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`the eiectrenic device is present at the third point, and calcidates pnsiticn coordinates {if the
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`transtnitter based en the caicniated entirtlinates ni’ the first tn the third paint and the first te third
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`distances {[0834} “when the ninving communication device it) ineves in nonlinear, it is pnssihie
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`by performing distance measurement 3 times er more times
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`tn identify one pesitien at the
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`moving ccmrnnni eati on device 20”)
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`

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`Application/Control Number: 15/712,664
`Art Unit: 3663
`
`Page 7
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`As per claim 3, Koji teaches the navigation satellite system according to claim 1. Koji
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`does not explicitly disclose that the transmitter transmits the first radio wave having a f 'eqneney
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`of l575x-l-‘3 it’ll-l2. or $2160 Mlle.
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`l-lowever, these lreduencies are the standard lreqnencies l’or
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`{ii-PS devices.
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`it would have been obvious to modify lioji with the ability to have the transmitter
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`supply signals in a frequency utilized for locating services in order to allow communication on a
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`frequency already present in the electronic device.
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`As per claim l Applicant recites a method having essentially the same limitations as
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`clairn l and is rejected under the rationale presented supra as applied matatis matandis,
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`As per claim 3, Koji teaches the positioning method for a navigation satellite system
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`according te claim 4. Koji does not explicitly disclose that the distance between the electronic
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`device and the transmitter is calculated based on a wave number of the first radio wave received
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`from the transmitter.
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`l-Eiowever, it was well‘lrnmvn that a time of signal transit could he
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`determined based upon the nnrnher of cycles received.
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`it would have been obvious to modify
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`Koji with the utilization of a wave number counting system in order to determine the number of
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`waves received in order to determine how many were transmitted in a known amount of time to
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`facilitate the determination of distance.
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`As per claim 6, Applicant recites a method having essentially the same limitations as
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`claim 3 and is rejected under the rationale presented supra as applied mutatis mutandis.
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`As per claim 7, Applicant. recites an electronic device l'iaving essentially the same
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`limitations as claim 1 and is rejected under the rationale presented supra as applied rntitatis
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`rnntandis.
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`As per claim 8, Applicant recites a methed having essentially the same limitatiens as
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`claim 2 and is rej Kited under the rationale presented supra. as applied rniitatis rniitandis.
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`

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`Application/Control Number: 15/712,664
`Art Unit: 3663
`
`Page 8
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`As per claim 9, Applicant recites a method having essentially the same limitations as
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`claim 3 and is rejected under the rationale presented supra as applied mutatis mutandis.
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`As per claim 19, Applicant recites a navigalitm satellite system having essentially the
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`same Eimita‘tions as claim, 3 and is rejected under the rationale presented supra as applied mat-ails
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`mutan di s :
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`Conclusion
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`11.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to RICHARD A GOLDMAN whose telephone number is (571)270—
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`5328. The examiner can normally be reached on Monday—Friday 8:30 am — 5:30 pm EST.
`
`Examiner interviews are available via telephone, in—person, and video conferencing using
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`a USPTO supplied web—based collaboration tool. To schedule an interview, applicant is
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`encouraged to use the USPTO Automated Interview Request (AIR) at
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`http://www.uspto.gov/interviewpractice.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Angela Y Ortiz can be reached on (571)272—1206. The fax phone number for the
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`organization where this application or proceeding is assigned is 571—273—8300.
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`Information regarding the status of an application may be obtained from the Patent
`
`Application Information Retrieval (PAIR) system. Status information for published applications
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`

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`Application/Control Number: 15/712,664
`Art Unit: 3663
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`Page 9
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`like assistance from a USPTO Customer Service Representative or access to the automated
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`information system, call 800—786—9199 (IN USA OR CANADA) or 571—272—1000.
`
`/RICHARD A GOLDMAN/
`
`Examiner, Art Unit 3663
`
`