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`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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`15/991,825
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`05/29/2018
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`NAOKI HAYASHI
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`731056.410C1
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`6602
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`S eed IP Law Group LLP/Panas on1e
`701 Fifth Avenue, Suite 5400
`Seattle, WA 98104
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`NEGRON‘ DANIELL L
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`ART UNIT
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`2688
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`PAPER NUMBER
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`NOTIFICATION DATE
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`DELIVERY MODE
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`03/29/2019
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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):
`US PTOeACtion @ SeedIP .Com
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`pairlinkdktg @ seedip .eom
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`PTOL-90A (Rev. 04/07)
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`
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`0/7709 A0170” Summary
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`Application No.
`15/991,825
`Examiner
`DANIELL L NEGRON
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`Applicant(s)
`HAYASHI, NAOKI
`Art Unit
`AIA (FITF) Status
`2688
`Yes
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`- 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
`[: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)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.
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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*
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`5)
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`Claim(s) fl 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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`[:1 Claim(s)
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`is/are allowed.
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`Claim(s) fl is/are rejected.
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`[j Claim(s) _ is/are objected to.
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`) ) ) )
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`6 7
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`8
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`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
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`participating intellectual property office for the corresponding application. For more information, please see
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`httpfiwww.”smogovmatentszinit_events[pph[index.'§p or send an inquiry to PPeredhack@g§ptg.ggv.
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`Application Papers
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`10):] The specification is objected to by the Examiner.
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`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).
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`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)I:l 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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`2.[:] Certified copies of the priority documents have been received in Application No.
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`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)).
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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 Date_
`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 20190325
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`
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`Application/Control Number: 15/991,825
`Art Unit: 2688
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`Page 2
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`DETAILED ACTION
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`Notice of Pre-AIA or 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 first
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`inventor to file provisions of the AIA.
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`Claim Rejections - 35 USC § 103
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`2.
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`The following is a quotation of 35 USC. 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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`3.
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`Claims 1-5 are rejected under 35 USC. 103 as being unpatentable over Ghabra et al. US. Patent
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`Application Publication No. 2005/025 8936 (hereinafter Ghabra) in view of Austen et al. U.S. Patent
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`Application Publication No. 2016/0042579 (hereinafter Austen).
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`Regarding claim 1, Ghabra discloses an on-vehicle device (13) comprising: a transmitter (30/31)
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`that transmits a first measurement signal to a mobile device (25) (see steps 57 and 59); a receiver that
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`receives a first response signal including information related to transmission strength of a second
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`measurement signal from the mobile device that has received the request and the first measurement signal
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`transmitted from the transmitter (step 60); wherein the transmitter transmits to the mobile device the
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`second measurement signal to which transmission strength has been set based on the information related
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`to the transmission strength included in the first response signal received by the receiver; and the receiver
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`receives a second response signal, the second response signal being transmitted by the mobile device
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`based on a result of determining the second measurement signal (see gain adjustment in paragraph 28),
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`but fails to explicitly disclose the transmitter transmitting a request signal to the mobile device.
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`Austen discloses a system wherein a request (i.e., wake) signal is transmitted to a mobile device
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`(300/600) for the purpose of commanding the mobile device to exit a sleep mode (paragraphs 30 and 58).
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`It would have been obvious to one having ordinary skill in the art at the time of filing to implement into
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`
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`Application/Control Number: 15/991,825
`Art Unit: 2688
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`Page 3
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`the system of Ghabra a mobile device that can enter a sleep mode and that can exit a sleep mode upon
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`receiving a request signal as taught by Austen since doing so would enable the mobile device to conserve
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`battery power when not in use.
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`Regarding claims 2 and 5, claims 2 and 5 have limitations similar to those treated in the above
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`rejection, and are met by the references as discussed above.
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`Regarding claim 3, Ghabra discloses a mobile device wherein the information related to the
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`transmission strength included in the first response signal transmitted from the transmitter is determined
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`based on reception strength of the first measurement signal received by the receiver (paragraph 28, lines
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`1—10).
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`Regarding claim 4, Ghabra discloses a mobile device wherein the information related to the
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`transmission strength included in the first response signal transmitted from the transmitter is randomized
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`information. Randomized information as defined by the specification of the instant application is signal
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`strength information (paragraphs 30 and 31). Since Ghabra discloses transmitting strength information
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`from a mobile device to another transmitter (paragraph 28), the claim limitations are met.
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`Conclusion
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`4.
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`Any inquiry concerning this communication or earlier communications from the examiner should
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`be directed to DANIELL L NEGRON whose telephone number is (571)272-7559. The examiner can
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`normally be reached on Mondays through Fridays between the hours of 9AM and 5:30PM.
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`Examiner interviews are available via telephone, in-person, and video conferencing using a
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`USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use
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`the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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