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
`
`14/364,911
`
`06/12/2014
`
`Shinya Hokazono
`
`732256.431USPC
`
`4864
`
`Seed IP Law Group LLP/Panason1e
`701 Fifth Avenue, Suite 5400
`Seattle, WA 98104
`
`MULL' FRED H
`
`PAPER NUMBER
`
`ART UNIT
`
`3648
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`10/25/2018
`
`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)
`
`

`

`Off/09 A0170” Summary
`
`Application No.
`14/364,911
`Examiner
`Fred H Mull
`
`Applicant(s)
`Hokazono et al.
`Art Unit
`AIA Status
`3648
`No
`
`- 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 8/22/2018.
`[: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)[:] 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)
`
`1—11 is/are pending in the application.
`
`5a) Of the above claim(s)
`
`is/are withdrawn from consideration.
`
`E] Claim(s)
`
`is/are allowed.
`
`Claim(s) fl is/are rejected.
`
`[:1 Claim(s) _ is/are objected to.
`
`) ) ) )
`
`6 7
`
`8
`
`
`
`are subject to restriction and/or election requirement
`[j Claim(s)
`9
`* If any claims have been determined aflowabte. 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
`
`http://www.uspto.gov/patents/init events/pph/index.jsp or send an inquiry to PPeredback@uspto.gov.
`
`Application Papers
`10)[:] The specification is objected to by the Examiner.
`
`11). The drawing(s) filed on 12 June 2014 is/are: a). accepted or b)[:] 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)D Some**
`
`C)D 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)
`
`2) E] Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`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 20181016
`
`

`

`Application/Control Number: 14/364,911
`Art Unit: 3648
`
`Page 2
`
`DETAILED ACTION
`
`The present application is being examined under the pre-AIA first to invent
`
`provisions.
`
`In the event the determination of the status of the application as subject to AIA 35
`
`USC 102 and 103 (or as subject to pre-AIA 35 USC 102 and 103) is incorrect, any
`
`correction of the statutory basis for the rejection will not be considered a new ground of
`
`rejection if the prior art relied upon, and the rationale supporting the rejection, would be
`
`the same under either status.
`
`Claim Rejections - 35 USC § 103
`
`The text of those sections of Title 35, U.S. Code not included in this action can
`
`be found in a prior Office action.
`
`1.
`
`Claim(s) 1-3 and 8-9 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being
`
`unpatentable over Hironari (JP 2012099016 A, where all citations are to the English
`
`translation). in view of Klitsgaard (US 2002/0014955 A1).
`
`In regard to claim 1, Hironari discloses a mobile terminal (1, Fig. 1):
`
`a radio section (17, Fig. 1; 16, Fig. 4; 1120);
`
`a processor (10, 160, Fig. 4) coupled to the radio section (Fig. 4), where the
`
`sections are indirectly coupled; and
`
`a memory (11, Fig. 4) coupled to the processor (Fig. 4, where the sections are
`
`indirectly coupled), causing the mobile terminal to:
`
`transmit, in the locator mode, a locator paging signal (1136);
`
`

`

`Application/Control Number: 14/364,911
`Art Unit: 3648
`
`Page 3
`
`determine, in the locator mode, distance information indicating a level of a
`
`distance between the radio section and the locator, based on measured received
`
`signal strength (Fig. 5; 1122; 1140);
`
`output, in the locator mode, the determined distance information (12, Fig.
`
`1; 104, Fig. 4; 76, Fig. 11; 1121; 1139); and
`
`after outputting the determined distance information, perform a process
`
`that ends the locator mode to the call mode ("End" written in Japanese, 8215,
`
`Fig. 10; 1110; 1124; 1143-44), where according to 1124, the device is in an idle state
`
`before the locator/search processing mode starts and according to 8215, Fig. 10
`
`and 1143-44, the locator mode ends. Thus, the device returns to its previous
`
`idle/standby state. The device is now idle/standing by. 1110 states that the
`
`device is mobile mobile phone with telephone call/communication functionality,
`
`whereby the device has a radio section to receive control signals from the base
`
`station to initiate a received call, where one of ordinary skill in the art would
`
`recognize that the idle/standby state is a state where the device is idle standing
`
`by for something to happen, such as a phone call or the initiation of another
`
`locator/search processing mode. According to applicant's disclosure, "call mode"
`
`is when the "mobile terminal 100 can perform a phone call with another
`
`telephone" (1188). Even if "call mode" is interpreted as when a phone call is
`
`actually taking place, when a call is received in an idle state, the call would then
`
`be connected, starting "call mode" after the locator mode.
`
`The remaining claim limitation(s) are recited in functional language. There is no
`
`structure recited.
`
`

`

`Application/Control Number: 14/364,911
`Art Unit: 3648
`
`Page 4
`
`While features of an apparatus may be recited either structurally or functionally,
`
`claims directed to an apparatus must be distinguished from the prior art in terms of
`structure rather than function.
`In re Schreiber, 44 USPQ2d 1429 at 1431 -32.
`
`“[A]pparatus claims cover what a device is, not what a device does.” Hewlett-Packard
`Co. v. Bausch & Lomb Inc., 15 USPQ2d 1525 (emphasis in original). A claim containing
`
`a “recitation with respect to the manner in which a claimed apparatus is intended to be
`
`employed does not differentiate the claimed apparatus from a prior art apparatus” if the
`
`prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham,
`2 USPQ2d 1647. Where functional language is present, in order to anticipate, the prior
`
`art must be capable of performing the function claimed, but the function need not be
`
`disclosed by the prior art. The prior art must be devoid of any structure that would
`preclude it from functioning in that manner. See MPEP 2114.
`“It is well settled that the
`
`recitation of a new intended use for an old product does not make a claim to that old
`product patentable." In re Schreiber, 44 USPQ2d 1429. See also In re Pearson, 181
`USPQ 641; In re Yanush, 177 USPQ 705; In re Finsterwalder, 168 USPQ 530; In re
`
`Casey, 152 USPQ 235; In re Otto, 136 USPQ 458; Ex parte Masham, 2 USPQ 2d 1647.
`
`Here, the mobile terminal/radio section is disclosed as performing the function of
`
`operating in call mode receiving a first radio signal, and in locator mode receiving a
`
`second radio signal (Fig. 1; 1112), where the call signals are received from a base station
`
`and locator signals are received from an RFID tag. The radio section would be capable
`
`of using a same synchronization protocol to synchronize with the base station and the
`
`locator.
`
`The processor would be capable of being programmed to provide an instruction
`
`to the radio section to receive a control signal from a base unit and cause the mobile
`
`terminal to enter a a standby state for the base unit.
`
`Hironari fails to disclose the details of his locator pager signal, including that the
`
`local paging signal includes a syncword and identification information unique to the
`
`selected locator.
`
`Klitsgaard teaches the details of a locator pager signal, including that the local
`
`paging signal includes an identification information unique to the selected locator (1125),
`
`

`

`Application/Control Number: 14/364,911
`Art Unit: 3648
`
`Page 5
`
`and including that the local paging signal includes a syncword (1127), where in a DECT
`
`protocol, all communication is assigned a unique syncword (as admitted by applicant in
`
`1131, line 1).
`
`It would have been obvious to one of ordinary skill in the art to include this
`
`feature of Klitsgaard into Hironari in order to implement the locator pager signal.
`
`Additionally, this is a combining of prior art elements according to known methods to
`
`yield predictable results, the predictable result being that the desired locator signal is
`
`received and the locator is located.
`
`In regard to claim 2, Hironari further discloses a distance information table
`
`storage section that stores a distance information table in which multiple levels of the
`
`received signal strength are associated with the distance information, wherein the
`
`respective distance information determining section determines the distance information
`
`based on the signal strength of the second radio signal received by the radio section
`
`with reference to the distance information table (Fig. 5; 1122; 1140).
`
`In regard to claim 3, Hironari further discloses the distance information is image
`
`information indicating a level of the distance in text or graphic form; and image
`
`information is displayed on a screen of the mobile terminal (12, Fig. 1; 104, Fig. 4; 76,
`
`Fig. 11;1139).
`
`In regard to claim 8, Hironari further discloses:
`
`identification information of the locator (Fig. 6; 1123);
`
`a display, which in operation displays the stored identification information (Fig. 9;
`
`1133);
`
`

`

`Application/Control Number: 14/364,911
`Art Unit: 3648
`
`Page 6
`
`a user interface/operating section which, in operation receives selection of the
`
`identification information (13, Fig. 4; 1112; 1135), wherein
`
`the processor outputs the distance information of the locator corresponding to the
`
`selected identification information (1135).
`
`In regard to claim 9, Hironari discloses:
`
`a locator (2, Fig. 1; 1120);
`
`a mobile terminal including:
`
`a radio section (17, Fig. 1; 16, Fig. 4; 1120),
`
`a processor (10, 160, Fig. 4) coupled to the radio section (Fig. 4), where
`
`the sections are indirectly coupled; and
`
`a memory (11, Fig. 4) coupled to the processor (Fig. 4, where the sections
`
`are indirectly coupled), causing the mobile terminal to:
`
`transmit, in the locator mode, a locator paging signal (136);
`
`determine, in the locator mode, distance information indicating a
`
`level of a distance between the radio section and the locator, based on
`
`measured received signal strength (Fig. 5; 1122; 1140);
`
`output, in the locator mode, the determined distance information
`
`(12, Fig. 1; 104, Fig. 4; 76, Fig. 11; 1121; 1139); and
`
`after outputting the determined distance information, perform a
`
`process that ends the locator mode to the call mode ("End" written in
`
`Japanese, 8215, Fig. 10; 1110; 1124; 1143-44), where according to 1124, the
`
`device is in an idle state before the locator/search processing mode starts
`
`and according to 8215, Fig. 10 and 1143-44, the locator mode ends. Thus,
`
`

`

`Application/Control Number: 14/364,911
`Art Unit: 3648
`
`Page 7
`
`the device returns to its previous idle/standby state. The device is now
`
`idle/standing by. 1110 states that the device is mobile mobile phone with
`
`telephone call/communication functionality, whereby the device has a
`
`radio section to receive control signals from the base station to initiate a
`
`received call, where one of ordinary skill in the art would recognize that
`
`the idle/standby state is a state where the device is idle standing by for
`
`something to happen, such as a phone call or the initiation of another
`
`locator/search processing mode. According to applicant's disclosure, "call
`
`mode" is when the "mobile terminal 100 can perform a phone call with
`
`another telephone" (1188). Even if "call mode" is interpreted as when a
`
`phone call is actually taking place, when a call is received in an idle state,
`
`the call would then be connected, starting "call mode".
`
`The remaining claim limitation(s) are recited in functional language. There is no
`
`structure recited.
`
`While features of an apparatus may be recited either structurally or functionally,
`
`claims directed to an apparatus must be distinguished from the prior art in terms of
`structure rather than function.
`In re Schreiber, 44 USPQ2d 1429 at 1431 -32.
`
`“[A]pparatus claims cover what a device is, not what a device does.” Hewlett-Packard
`Co. v. Bausch & Lomb Inc., 15 USPQ2d 1525 (emphasis in original). A claim containing
`
`a “recitation with respect to the manner in which a claimed apparatus is intended to be
`
`employed does not differentiate the claimed apparatus from a prior art apparatus” if the
`prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham,
`
`2 USPQ2d 1647. Where functional language is present, in order to anticipate, the prior
`
`art must be capable of performing the function claimed, but the function need not be
`
`disclosed by the prior art. The prior art must be devoid of any structure that would
`preclude it from functioning in that manner. See MPEP 2114.
`“It is well settled that the
`
`recitation of a new intended use for an old product does not make a claim to that old
`product patentable." In re Schreiber, 44 USPQ2d 1429. See also In re Pearson, 181
`USPQ 641; In re Yanush, 177 USPQ 705; In re Finsterwalder, 168 USPQ 530; In re
`
`Casey, 152 USPQ 235; In re Otto, 136 USPQ 458; Ex parte Masham, 2 USPQ 2d 1647.
`
`

`

`Application/Control Number: 14/364,911
`Art Unit: 3648
`
`Page 8
`
`Here, the locator is disclosed as performing the function of transmitting and
`
`receiving radio signals (1112).
`
`Here, the radio section is disclosed as performing the function of operating in call
`
`mode receiving a first radio signal, and in locator mode receiving a second radio signal
`
`(Fig. 1; 1112), where the call signals are received from a base station and locator signals
`
`are received from an RFID tag. The radio section would be capable of using a same
`
`synchronization protocol to synchronize with the base station and the locator.
`
`The processor would be capable of being programmed to provide an instruction
`
`to the radio section to receive a control signal from a base unit and cause the mobile
`
`terminal to enter a a standby state for the base unit.
`
`Hironari fails to disclose the details of his locator pager signal, including that the
`
`local paging signal includes a syncword and identification information unique to the
`
`selected locator.
`
`Klitsgaard teaches the details of a locator pager signal, including that the local
`
`paging signal includes an identification information unique to the selected locator (1125),
`
`and including that the local paging signal includes a syncword (1127), where in a DECT
`
`protocol, all communication is assigned a unique syncword (as admitted by applicant in
`
`1131, line 1).
`
`It would have been obvious to one of ordinary skill in the art to include this
`
`feature of Klitsgaard into Hironari in order to implement the locator pager signal.
`
`Additionally, this is a combining of prior art elements according to known methods to
`
`yield predictable results, the predictable result being that the desired locator signal is
`
`received and the locator is located.
`
`

`

`Application/Control Number: 14/364,911
`Art Unit: 3648
`
`Page 9
`
`2.
`
`Claim 4 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over
`
`Hironari and Klitsgaard, as applied to claim 1, above, and further in view of Cyganski
`
`(US 2013/0099975 A1).
`
`Hironari further discloses the distance information is sound information indicating
`
`a distance using a pulse rate of the sound signals (18, Fig. 4; 1141-42).
`
`Hironari and Klitsgaard fail to disclose the distance information is sound
`
`information indicating a distance using a level of the distance by sound level.
`
`Cyganski teaches that indicating a distance using sound pulse rate or sound
`
`level/volume are known alternatives (1161). Thus, these two elements were it-
`
`recognized eguivalents at the time of the invention. One of ordinary skill in the art would
`
`have found it obvious to substitute a sound level for the sound pulse rate of Hironari.
`
`Additionally, this is a simple substitution of one known, equivalent element for another to
`
`perform the same function and obtain predictable results. Because both elements are
`
`known systems for indicating a distance using sound, it would have been obvious to one
`
`of ordinary skill in the art to substitute one for the other to achieve the predictable result
`
`of indicating the distance using sound.
`
`3.
`
`Claim 5 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over
`
`Hironari, Klitsgaard and Cyganski, as applied to claim 4, above, and further in view of
`
`Charych (us 2005/0285742 A1).
`
`Hironari further discloses:
`
`

`

`Application/Control Number: 14/364,911
`Art Unit: 3648
`
`Page 10
`
`the distance information includes image information indicating a level of the
`
`distance in text or graphic form (12, Fig. 1; 104, Fig. 4; 76, Fig. 11; 1139) and sound
`
`information indicating a level of the distance by sound level (18, Fig. 4; 1141-42), and
`
`the mobile terminal further comprises an operating section that receives an
`
`operation from a user (13, Fig. 4; 1112; 1135); and
`
`wherein the indicating section outputs the distance information (12, Fig. 1; 104,
`
`Fig. 4; 76, Fig. 11; 1121; 1139).
`
`The combination fails to disclose the user selecting, through the operating
`
`section, any one of or both of displaying or indicating with sound information the
`
`distance information, wherein an output selecting section receives the selection and the
`
`indicating section outputs the distance information according to the selection received
`
`by the output selecting section.
`
`In particular, Hironari fails to specify whether the display disclosure and the audio
`
`disclosure are options to be used alternatively, whether they are to be used together to
`
`complement each other, or whether all three are options.
`
`Charych teaches that a visual indicator, an audio indicator, or both can be used
`
`in an object locator system (1121-22).
`
`Using one or the other or both options is a combining of prior art elements
`
`according to known methods to yield predictable results, the predictable result being
`
`that the distance to the object to be located is indicated.
`
`Alternatively, one of ordinary skill in the art would be left to consider the different
`
`possibilities based on the lack of specificity of Hironari, and would have recognized that
`
`there are situations when each of the options would be preferred (e.g. when others are
`
`

`

`Application/Control Number: 14/364,911
`Art Unit: 3648
`
`Page 11
`
`nearby that may be disturbed by unwanted sounds, when someone visually-impaired is
`
`using the system, when someone desires to find an object most quickly), and would
`
`thus have found it obvious to provide all options to increase the flexibility, and thus the
`
`desirability, of the system.
`
`4.
`
`Claims 6-7 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable
`
`over Hironari and Klitsgaard, as applied to claim 1, above, and further in view of Doria
`
`(US 2011/0304480 A1).
`
`In regard to claim 6, Hironari further discloses an operating section which, in
`
`operation, receives an operation from a user (13, Fig. 4; 1112; 1135).
`
`Hironari and Klitsgaard fail to disclose the operation from the user indicating user
`
`selection of whether or not the locator makes sound (13, Fig. 4; 1112; 1135), wherein the
`
`radio transceiver, in operation transmits instruction information indicating the received
`
`user selection to the locator.
`
`Doria teaches receiving a selection from a user of whether or not the locator
`
`makes sound and that transmits instruction information indicating the received selection
`
`to the locator through the radio section, in order to help the user identify the object the
`
`locator is attached to (1i30; 1i33).
`
`It would have been obvious to one of ordinary skill in the art to include this
`
`feature in order to help the user identify the location of the object of interest, as
`
`motivated by Doria. Additionally, this is a combining of prior art elements according to
`
`known methods to yield predictable results, the predictable result being that the object
`
`of interest is located/found by the user.
`
`

`

`Application/Control Number: 14/364,911
`Art Unit: 3648
`
`Page 12
`
`In regard to claim 7, itwould have been obvious to one of ordinary skill in the art
`
`to allow the user to select the sound disabling option of the mobile terminal of Hironari
`
`and the visual indication option of the locator of Doria together when the user does not
`
`wish to have sounds disturb others that may be nearby.
`
`5.
`
`Claim 10 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over
`
`Hironari and Klitsgaard, as applied to claim 9, above, and further in view of McCrosky
`
`(US 2010/0240404 A1).
`
`Hironari and Klitsgaard fail to disclose the locator further comprises making a
`
`sound on a condition that a distance between the locator and the mobile terminal is not
`
`greater than a predetermined value/is within a threshold.
`
`McCrosky teaches a locator device, in a locating system for an object attached to
`
`a locator, which comprises making a sound on condition that a distance between the
`
`locator and the mobile terminal is not greater than a predetermined value/is within a
`
`threshold, in order to help the user identify the location of the object (1149, final
`
`sentence).
`
`It would have been obvious to one of ordinary skill in the art to include this
`
`feature in order to help the user identify the location of the object of interest, as
`
`motivated by McCrosky. Additionally, this is a combining of prior art elements according
`
`to known methods to yield predictable results, the predictable result being that the
`
`object of interest is located/found by the user.
`
`

`

`Application/Control Number: 14/364,911
`Art Unit: 3648
`
`Page 13
`
`6.
`
`Claim 11 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable
`
`over (a) Hironari, in view of Klitsgaard and Sriram (US 6,331,976 B1), or, in the
`
`alternative, over (b) Hironari, in view of Krolopp (US 5,020,091 A), Klitsgaard and
`
`Sriram.
`
`Hironari discloses:
`
`a mobile terminal operable in call mode and in locator mode (Fig. 1; 112),
`
`comprising:
`
`receiving, at the mobile terminal in the call mode, a first radio signal from a
`
`master device of a cordless phone system (1112);
`
`transmitting, in the locator mode, a locator paging signal (136);
`
`receiving, at the mobile terminal in the locator mode, a second radio signal from
`
`a locator (Fig. 1; 1112);
`
`measuring, in the locator mode, received signal strength of the received second
`
`radio signal (120);
`
`determining, in the locator mode, distance information indicating a level of a
`
`distance between the mobile terminal and the locator based on the measured received
`
`signal strength (Fig. 5; 1122; 1140);
`
`outputting, in the locator mode, the determined distance information (12, Fig. 1;
`
`104, Fig. 4; 76, Fig. 11;1121;1139);
`
`after outputting the determined distance information, perform a process that ends
`
`the locator mode to the call mode by providing an instruction to the radio section to
`
`receive a control from a base unit, and performing a control such that the mobile
`
`terminal enters a standby state for the base unit ("End" written in Japanese, 8215, Fig.
`
`

`

`Application/Control Number: 14/364,911
`Art Unit: 3648
`
`Page 14
`
`10; 1110; 1124; 1143-44), where according to 1124, the device is in an idle state before the
`
`locator/search processing mode starts and according to 8215, Fig. 10 and 1143-44, the
`
`locator mode ends. Thus, the device returns to its previous idle/standby state. The
`
`device is now idle/standing by. 1110 states that the device is mobile mobile phone with
`
`telephone call/communication functionality, whereby the device has a radio section to
`
`receive control signals from the base station to initiate a received call, where one of
`
`ordinary skill in the art would recognize that the idle/standby state is a state where the
`
`device is idle standing by for something to happen, such as a phone call or the initiation
`
`of another locator/search processing mode. According to applicant's disclosure, "call
`
`mode" is when the "mobile terminal 100 can perform a phone call with another
`
`telephone" (1188). Even if "call mode" is interpreted as when a phone call is actually
`
`taking place, when a call is received in an idle state, the call would then be connected,
`
`starting "call mode". The device, and therefore the receiver, is controlled by its
`
`processor (160, Fig. 4; 1120).
`
`Alternatively, Krolopp teaches that it is known in the art for an idle state to be a
`
`state where a telephone waits for an incoming call (col. 3, lines 24-26).
`
`It would have been obvious to one of ordinary skill in the art to include this
`
`feature into the combination in order to all the telephone to work as a telephone when it
`
`is not doing anything else.
`
`Hironari fails to disclose the details of his locator pager signal, including that the
`
`local paging signal includes a syncword and identification information unique to the
`
`selected locator; and the mobile terminal is synchronized with the master device
`
`

`

`Application/Control Number: 14/364,911
`Art Unit: 3648
`
`Page 15
`
`according to a defined synchronization method, and the mobile terminal is synchronized
`
`with the locator according to the defined synchronization method.
`
`Klitsgaard teaches the details of a locator pager signal, including that the local
`
`paging signal includes an identification information unique to the selected locator (1125),
`
`and including that the local paging signal includes a syncword (1127), where in a DECT
`
`protocol, all communication is assigned a unique syncword (as admitted by applicant in
`
`1131, line 1).
`
`It would have been obvious to one of ordinary skill in the art to include this
`
`feature of Klitsgaard into Hironari in order to implement the locator pager signal.
`
`Additionally, this is a combining of prior art elements according to known methods to
`
`yield predictable results, the predictable result being that the desired locator signal is
`
`received and the locator is located.
`
`Sriram teaches the use of synchronization words to indicate where the data in a
`
`frame begins is a well known technique in a wireless communication (col. 1, lines 24-50;
`
`col. 5, lines 25-59).
`
`It would have been obvious to one of ordinary skill in the art to include this well
`
`known technique into the wireless communications of Hironari (both between the mobile
`
`terminal and master device and between the mobile terminal and locator) in order
`
`identify when the data frame in the messages begin. Additionally, this is a combining of
`
`prior art elements according to known methods to yield predictable results, the
`
`predictable result being that the beginning of the data frame is indicated to the receiving
`
`station.
`
`

`

`Application/Control Number: 14/364,911
`Art Unit: 3648
`
`Page 16
`
`7.
`
`The following reference(s) is/are also found relevant:
`
`Freer (Computer Communications and Networks), which teaches that
`
`synchronization between communication partners is well known in the communications
`
`art (p. 12, section 1.4.2).
`
`Song (Frame Synchronization Word in W-CDMA System), which teaches that
`
`synchronization between communication partners is well known in the communications
`
`an(secfionl)
`
`Soomro (US 2009/0315717 A1), which teaches a locator tag using a Digital
`
`Enhanced Cordless Telecommunications (DECT) protocol (1122).
`
`Cannon (US 5,689,238 A), which teaches an object locating system that
`
`indicators a level of distance to the object.
`
`English translations of the IDS documents identified as X-references in the
`
`International Search Report.
`
`Applicant is encouraged to consider these documents in formulating their
`
`response (if one is required) to this action, in order to expedite prosecution of this
`
`application.
`
`

`

`Application/Control Number: 14/364,911
`Art Unit: 3648
`
`Page 17
`
`Response to Arguments
`
`8.
`
`Applicant’s arguments on p. 7-13, with respect to the prior art rejection(s) have
`
`been fully considered, but are not persuasive.
`
`Applicant argues that "As an initial matter, the Office asserts some of the
`
`limitations of claim 1 are recited in functional language, and there is no corresponding
`
`structure recited. Office Action, p. 2. Applicant notes claim 1 recites 'a memory coupled
`
`to the processor, the memory storing a control program that, when executed by the
`
`processor, causes the mobile terminal to:', which is structure corresponding the
`
`functional language following that recitation". However, where these limitations were
`
`taught by the reference was cited in the previous Office Action, and this citation is now
`
`moved up to the structural portion of the rejection.
`
`It is noted that the language that
`
`remains interpreted, or is newly interpreted, as functional is not recited as part of the 'a
`
`memory coupled to the processor, the memory storing a control program that, when
`
`executed by the processor, causes the mobile terminal to:' limitation.
`
`It is in the
`
`limitations above that limitation, or in the wherein clause.
`
`Applicant argues that Hironari is silent regarding what happens after the search
`
`process. However, the locator/search processing mode can occur during an idle state
`
`(1124), and the locator/search processing mode then ends (final step of Fig. 10; 1143-44),
`
`where the device is once again idle. Applicant argues that Hironari is silent regarding a
`
`"call". However, Hironari teaches that the device is a telephone for telephone calls and
`
`communications (1110). One of ordinary skill in the art would recognize that the
`
`idle/standby mode is a mode where the device is idle standing by for something to
`
`happen, such as a phone call or the initiation of locator/search processing mode.
`
`

`

`Application/Control Number: 14/364,911
`Art Unit: 3648
`
`Page 18
`
`Applicant argues that Hironari is silent regarding a "process". However, it is unclear
`
`what the point of this argument is. The reference is not required to use the same
`
`language as the claim. A process is a series of steps. The device is going to perform
`
`steps after the locator/search processing mode is completed. The device is not then
`
`thrown out.
`
`Applicant then argues that Hironari does not teach the newly recited claim
`
`language. However, the rejection, above, details where such is taught in Hironari. An
`
`alternative rejection is also provided.
`
`Any inquiry concerning this communication or earlier communications from the
`
`e