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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
`
`15/991,825
`
`05/29/2018
`
`NAOKI HAYASHI
`
`731056.410C1
`
`6602
`
`S eed IP Law Group LLP/Panas on1e
`701 Fifth Avenue, Suite 5400
`Seattle, WA 98104
`
`NEGRON‘ DANIELL L
`
`ART UNIT
`
`2688
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`03/29/2019
`
`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):
`US PTOeACtion @ SeedIP .Com
`
`pairlinkdktg @ seedip .eom
`
`PTOL-90A (Rev. 04/07)
`
`

`

`0/7709 A0170” Summary
`
`Application No.
`15/991,825
`Examiner
`DANIELL L NEGRON
`
`Applicant(s)
`HAYASHI, NAOKI
`Art Unit
`AIA (FITF) Status
`2688
`Yes
`
`- The MAILING DA TE of this communication appears on the cover sheet wit/7 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 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).
`
`Status
`
`1)[:] Responsive to communication(s) filed on
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2a)D This action is FINAL.
`
`2b)
`
`This action is non-final.
`
`3)C] 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):] 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.
`
`Disposition of Claims*
`
`5)
`
`Claim(s) fl is/are pending in the application.
`
`5a) Of the above claim(s)
`
`is/are withdrawn from consideration.
`
`[:1 Claim(s)
`
`is/are allowed.
`
`Claim(s) fl is/are rejected.
`
`[j Claim(s) _ is/are objected to.
`
`) ) ) )
`
`6 7
`
`8
`
`
`
`are subject to restriction and/or election requirement
`C] Claim(s)
`9
`* If any claims have been determined aflowabie. 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
`
`httpfiwww.”smogovmatentszinit_events[pph[index.'§p or send an inquiry to PPeredhack@g§ptg.ggv.
`
`Application Papers
`
`10):] The specification is objected to by the Examiner.
`
`11). The drawing(s) filed on 5/29/2018 is/are: a). accepted or b)D 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:
`
`a). All
`
`b)I:l Some**
`
`c)C] None of the:
`
`1.. Certified copies of the priority documents have been received.
`
`2.[:] Certified copies of the priority documents have been received in Application No.
`
`3.[:] 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)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date_
`U.S. Patent and Trademark Office
`
`3) C] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) CI Other-
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20190325
`
`

`

`Application/Control Number: 15/991,825
`Art Unit: 2688
`
`Page 2
`
`DETAILED ACTION
`
`Notice of Pre-AIA or AIA Status
`
`1.
`
`The present application, filed on or after March 16, 2013, is being examined under the first
`
`inventor to file provisions of the AIA.
`
`Claim Rejections - 35 USC § 103
`
`2.
`
`The following is a quotation of 35 USC. 103 which forms the basis for all obviousness
`
`rejections set forth in this Office action:
`
`A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not
`identically disclosed as set forth in section 102, if the differences between the claimed invention and the
`prior art are such that the claimed invention as a whole would have been obvious before the effective
`filing date of the claimed invention to a person having ordinary skill in the art to which the claimed
`invention pertains. Patentability shall not be negated by the manner in which the invention was made.
`
`3.
`
`Claims 1-5 are rejected under 35 USC. 103 as being unpatentable over Ghabra et al. US. Patent
`
`Application Publication No. 2005/025 8936 (hereinafter Ghabra) in view of Austen et al. U.S. Patent
`
`Application Publication No. 2016/0042579 (hereinafter Austen).
`
`Regarding claim 1, Ghabra discloses an on-vehicle device (13) comprising: a transmitter (30/31)
`
`that transmits a first measurement signal to a mobile device (25) (see steps 57 and 59); a receiver that
`
`receives a first response signal including information related to transmission strength of a second
`
`measurement signal from the mobile device that has received the request and the first measurement signal
`
`transmitted from the transmitter (step 60); wherein the transmitter transmits to the mobile device the
`
`second measurement signal to which transmission strength has been set based on the information related
`
`to the transmission strength included in the first response signal received by the receiver; and the receiver
`
`receives a second response signal, the second response signal being transmitted by the mobile device
`
`based on a result of determining the second measurement signal (see gain adjustment in paragraph 28),
`
`but fails to explicitly disclose the transmitter transmitting a request signal to the mobile device.
`
`Austen discloses a system wherein a request (i.e., wake) signal is transmitted to a mobile device
`
`(300/600) for the purpose of commanding the mobile device to exit a sleep mode (paragraphs 30 and 58).
`
`It would have been obvious to one having ordinary skill in the art at the time of filing to implement into
`
`

`

`Application/Control Number: 15/991,825
`Art Unit: 2688
`
`Page 3
`
`the system of Ghabra a mobile device that can enter a sleep mode and that can exit a sleep mode upon
`
`receiving a request signal as taught by Austen since doing so would enable the mobile device to conserve
`
`battery power when not in use.
`
`Regarding claims 2 and 5, claims 2 and 5 have limitations similar to those treated in the above
`
`rejection, and are met by the references as discussed above.
`
`Regarding claim 3, Ghabra discloses a mobile device wherein the information related to the
`
`transmission strength included in the first response signal transmitted from the transmitter is determined
`
`based on reception strength of the first measurement signal received by the receiver (paragraph 28, lines
`
`1—10).
`
`Regarding claim 4, Ghabra discloses a mobile device wherein the information related to the
`
`transmission strength included in the first response signal transmitted from the transmitter is randomized
`
`information. Randomized information as defined by the specification of the instant application is signal
`
`strength information (paragraphs 30 and 31). Since Ghabra discloses transmitting strength information
`
`from a mobile device to another transmitter (paragraph 28), the claim limitations are met.
`
`Conclusion
`
`4.
`
`Any inquiry concerning this communication or earlier communications from the examiner should
`
`be directed to DANIELL L NEGRON whose telephone number is (571)272-7559. The examiner can
`
`normally be reached on Mondays through Fridays between the hours of 9AM and 5:30PM.
`
`Examiner interviews are available via telephone, in-person, and video conferencing using a
`
`USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use
`
`the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
`
`

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