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Case 6:21-cv-01101-ADA Document 34-2 Filed 06/09/22 Page 1 of 14
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`Exhibit 2
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`

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`
`
`Case 6:21-cv-01101-ADA Document 34-2 Filed 06/09/22 Page 2 of 14
`Case 6:21-cv-01101-ADA Document 34-2 Filed 06/09/22 Page 2 of 14
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
`
`APPLICATION NO.
`
`
`
`
` FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`
`
`
`CONFIRMATIONNO.
`
`10/565,732
`
`06/30/2006
`
`Klaus Finkenzeller
`
`FINK3001JEK
`
`1969
`
`BAC
`
`OM
`
`BACON & THOMAS,PLLC
`
`625 SLATERS LANE
`FOURTH FLOOR
`ALEXANDRIA, VA 22314-1176
`
`——
`
`Lave
`
`CURTIS III, CHARLES G
`
`2612
`
`MAIL DATE
`
`06/09/2009
`
`DELIVERY MODE
`
`PAPER
`
`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.
`
`PTOL-90A (Rev. 04/07)
`
`

`

`Case 6:21-cv-01101-ADA Document 34-2 Filed 06/09/22 Page 3 of 14
`Case 6:21-cv-01101-ADA Document 34-2 Filed 06/09/22 Page 3 of 14
`
`Application No.
`Applicant(s)
`
`Office Action Summary
`
`10/565,732
`Examiner
`
`Charles G. CurtisIII
`
`FINKENZELLER, KLAUS
`Art Unit
`
`2612 So
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address--
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTH(S) OR THIRTY (30) DAYS,
`WHICHEVER IS LONGER, FROM THE MAILING DATE OF THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a).
`In no event, however, may a reply be timelyfiled
`after SIX (6) MONTHSfrom the mailing date of this communication.
`If NO period forreply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for replywill, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three monthsafter the mailing date of this communication, even if timely filed, may reduce any
`eamed patent term adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1)X] Responsive to communication(s) filed on 24 January 2006.
`2a)L] This action is FINAL.
`2b)X] This action is non-final.
`3)L] Sincethis 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 Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims
`
`4)X] Claim(s) 1-16 is/are pending in the application.
`4a) Of the above claim(s)
`is/are withdrawn from consideration.
`5)L] Claim(s)
`is/are allowed.
`6)X] Claim(s) 1-76 is/are rejected.
`7)L] Claim(s)__ is/are objectedto.
`8)L] Claim(s)____ are subject to restriction and/or election requirement.
`
`Application Papers
`
`6) C] Other: U.S. Patent and Trademark Office
`
`9)X] The specification is objected to by the Examiner.
`10)X] The drawing(s) filed on 24 January 2006is/are: a)[_] accepted or b)X] 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).
`11)] The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-152.
`
`Priority under 35 U.S.C. § 119
`
`12)K] Acknowledgmentis made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or(f).
`a)XJ All
`b)L_] Some * c)] Noneof:
`1.1 Certified copies of the priority documents have been received.
`2.L] Certified copies of the priority documents have been received in Application No.
`3.L] Copies ofthe certified copies of the priority documents have been receivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`* See the attached detailed Office action foralist of the certified copies not received.
`
`Attachment(s)
`1) Xx] Notice of References Cited (PTO-892)
`2) [1] Notice of Draftsperson’s Patent Drawing Review (PTO-948)
`3) IX] Information Disclosure Statement(s) (PTO/SB/08)
`PaperNo(s)/Mail Date 08/25/2006.
`
`4) C] Interview Summary (PTO-413)
`Paper No(s)/Mail Date. _
`5) L] Noticeof Informal Patent Application
`
`PTOL-326 (Rev. 08-06)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20090528
`
`

`

`Case 6:21-cv-01101-ADA Document 34-2 Filed 06/09/22 Page 4 of 14
`Case 6:21-cv-01101-ADA Document 34-2 Filed 06/09/22 Page 4 of 14
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`Application/Control Number: 10/565,732
`Art Unit: 2612
`
`Page 2
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`DETAILED ACTION
`
`Specification
`
`1.
`
`The disclosure is objected to because it lacks section headings as required by 37 CFR
`
`1.77(b) (see below). Appropriate correction is required.
`
`2.
`
`The following guidelinesillustrate the preferred layout for the specification of a utility
`
`application. These guidelines are suggested for the applicant’s use.
`
`Arrangement of the Specification
`
`Asprovided in 37 CFR 1.77(b), the specification of a utility application should include
`the following sections in order. Each of the lettered items should appear in upper case, without
`underlining or bold type, as a section heading. If no text follows the section heading, the phrase
`“Not Applicable” should follow the section heading:
`
`(a) TITLE OF THE INVENTION.
`(b) CROSS-REFERENCE TO RELATED APPLICATIONS.
`(c) STATEMENT REGARDING FEDERALLY SPONSORED RESEARCH OR
`DEVELOPMENT.
`
`(d) THE NAMESOF THE PARTIES TO A JOINT RESEARCH AGREEMENT.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(e)
`INCORPORATION-BY-REFERENCE OF MATERIAL SUBMITTED ON A
`
`COMPACT DISC.
`(f) BACKGROUNDOF THE INVENTION.
`(1) Field of the Invention.
`(2) Description of Related Art including information disclosed under 37 CFR 1.97
`and 1.98.
`(g) BRIEF SUMMARYOF THE INVENTION.
`(h) BRIEF DESCRIPTION OF THE SEVERAL VIEWS OF THE DRAWING(S).
`(i) DETAILED DESCRIPTION OF THE INVENTION.
`(j) CLAIM OR CLAIMS (commencing on a separate sheet).
`(k) ABSTRACT OF THE DISCLOSURE (commencing on a separate sheet).
`(1) SEQUENCELISTING (See MPEP§ 2424 and 37 CFR 1.821-1.825. A “Sequence
`Listing” is required on paperif the application discloses a nucleotide or amino
`acid sequence as defined in 37 CFR 1.821(a) and if the required “Sequence
`Listing” is not submitted as an electronic document on compactdisc).
`
`

`

`Case 6:21-cv-01101-ADA Document 34-2 Filed 06/09/22 Page 5 of 14
`Case 6:21-cv-01101-ADA Document 34-2 Filed 06/09/22 Page 5 of 14
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`Application/Control Number: 10/565,732
`Art Unit: 2612
`
`Page 3
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`Drawings
`
`3.
`
`The drawings are objected to because the drawing sheets are not numbered as required by
`
`37 CFR 1.84(t). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in
`
`reply to the Office action to avoid abandonmentofthe application. Any amended replacement
`
`drawing sheet should includeall of the figures appearing on the immediate prior version of the
`
`sheet, even if only one figure is being amended. Thefigure or figure number of an amended
`
`drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the
`
`appropriate figure must be removed from the replacement sheet, and where necessary, the
`
`remaining figures must be renumbered and appropriate changes madeto the brief description of
`
`the several views of the drawings for consistency. Additional replacement sheets may be
`
`necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after
`
`the filing date of an application must be labeled in the top margin as either “Replacement Sheet”
`
`or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner,
`
`the applicant will be notified and informed of any required corrective action in the next Office
`
`action. The objection to the drawings will not be held in abeyance.
`
`Claim Rejections - 35 USC § 112
`
`4.
`
`The following is a quotation of the second paragraph of 35 U.S.C. 112:
`
`The specification shall conclude with one or more claimsparticularly pointing out and distinctly claiming the
`subject matter which the applicant regards as his invention.
`
`5.
`
`Claims1-14 are rejected under 35 U.S.C. 112, second paragraph, as being indefinite for
`
`failing to particularly point out and distinctly claim the subject matter which applicant regards as
`
`the invention.
`
`

`

`Case 6:21-cv-01101-ADA Document 34-2 Filed 06/09/22 Page 6 of 14
`Case 6:21-cv-01101-ADA Document 34-2 Filed 06/09/22 Page 6 of 14
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`Application/Control Number: 10/565,732
`Art Unit: 2612
`
`Page 4
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`6.
`
`Claim 1 recites the limitation "the data processing component"in line 6. Thereis
`
`insufficient antecedentbasis for this limitation in the claim.
`
`Therefore, claims 2-14 depending therefrom are also rejected.
`
`Claim Rejections - 35 USC § 103
`
`7.
`
`The following is a quotation of 35 U.S.C. 103(a) which formsthe basis forall
`
`obviousnessrejections 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 ofthistitle, if the differences between the subject matter sought to be patented and theprior art are
`such that the subject matter as a whole would have been obviousat the time the invention was madeto 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.
`
`8.
`
`The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459
`
`(1966), that are applied for establishing a background for determining obviousness under 35
`
`U.S.C. 103(a) are summarized as follows:
`
`BYwNP
`
`Determining the scope and contentsofthe priorart.
`Ascertaining the differences between the prior art and the claimsat issue.
`Resolving the level of ordinary skill in the pertinent art.
`Considering objective evidence presentin the application indicating obviousness
`or nonobviousness.
`
`9.
`
`Claims 1-6, 8, 9, 12 and 15 are rejected under 35 U.S.C. 103(a) as being unpatentable
`
`over Schuermann (U.S. Patent No. 5,287,112) in view of Friedmanetal. (hereinafter “Friedman”
`
`- US. Patent No. 6,593,845).
`
`Regarding claim 1, Schuermanndiscloses a communication apparatus for setting up a
`
`data connection between intelligent devices, comprising:
`
`e
`
`a transmission oscillator (resonant circuit 28) for carrying out a contactless data
`
`exchange,said oscillator including a coil (Column 4 Lines 42-44 and 50-52 );
`
`

`

`Case 6:21-cv-01101-ADA Document 34-2 Filed 06/09/22 Page 7 of 14
`Case 6:21-cv-01101-ADA Document 34-2 Filed 06/09/22 Page 7 of 14
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`Application/Control Number: 10/565,732
`Art Unit: 2612
`
`Page 5
`
`e
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`acommunication element(control circuit 16) which is connected to the coil and the
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`data processing componentofan intelligent device and which emits search signals via
`
`the coil to receive a response from anotherintelligent device (Column 3 Lines 46-54);
`
`Schuermanndoes notdisclose:
`
`e
`
`ameasuring device for monitoring a property of the transmission oscillator which
`
`outputs a control signal when ascertaining a change of the monitored property; and
`
`e
`
`aswitching apparatus whichis connected to the measuring device and the
`
`communication element and which switches on the communication element whenit
`
`has received a control signal from the measuring device.
`
`However, the preceding limitations are known in the art of communications. Friedman
`
`discloses an RF tag with a wake-up circuit (Figure 2) wherein a measuring device (comprising
`
`RF detect circuit 32) monitors for an interrogating signal and actuates a switch(flip flop 44) to
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`poweron the tag whena valid interrogating signal is detected (Column 6 Lines 17-40).
`
`Therefore it would have been obviousto one ofordinary skill in the art at the time the invention
`
`was made to combine Schuermann with Friedman as the suggestion lies in Friedman that the RF
`
`detect circuit can be part of an RF receiver/transmitter (i.e. coupled with the transmission
`
`oscillator; Column 5 Lines 8-11) and switching on the transponder/tag only when needed
`
`prolongsbattery life and/or saves energy.
`
`Regarding claim 2, Schuermannin view of Friedmanteaches the apparatus of claim 1 as
`
`discussed above. Schuermann further discloses an assembly that is switchable to the
`
`transmission oscillator via a switch (the tuning circuit consisting of capacitor 56 and resistor 58
`
`connects to resonantcircuit 34 via switch 54 to form new resonantcircuit 60), said assembly
`
`

`

`Case 6:21-cv-01101-ADA Document 34-2 Filed 06/09/22 Page 8 of 14
`Case 6:21-cv-01101-ADA Document 34-2 Filed 06/09/22 Page 8 of 14
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`Application/Control Number: 10/565,732
`Art Unit: 2612
`
`Page 6
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`causing an increase in the bandwidth ofthe oscillating circuit (Column 5 Lines 47-59; one of
`
`ordinary skill in the art could combinethis arrangement from the transponder with the
`
`interrogator since it is knownin the art that interrogators can act as transponders and receive data
`
`from other transponders).
`
`Regarding claim 3, Schuermannin view of Friedmanteaches the apparatus of claim 2 as
`
`discussed above. Schuermannfurther discloses that the assemblyis a resistive element (the
`
`tuning circuit is a resistive element since it comprisesa resistor).
`
`Regarding claim 4, Schuermannin view of Friedmanteaches the apparatus of claim 1 as
`
`discussed above. Schuermannfurther discloses including an assembly (capacitor 52) switchable
`
`to the transmission oscillator via a switch (switch 50), said assembly causing a changein the
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`resonant frequency ofthe transmission oscillator (Column 5 Lines 13-19).
`
`Regarding claim 5, Schuermannin view of Friedmanteaches the apparatus of claim 4 as
`
`discussed above. Schuermann further discloses that the assembly causes a reduction in the
`
`resonant frequency (Column 5 Lines 13-15).
`
`Regarding claim 6, Schuermannin view of Friedmanteaches the apparatus of claim 4 as
`
`discussed above. Schuermannfurther discloses that that the assembly comprises a capacitor (see
`
`above).
`
`Regarding claim 8, Schuermannin view of Friedmanteaches the apparatus of claim 1 as
`
`discussed above. Friedman further discloses that the switching apparatus has a time controller
`
`(oscillator 36 and comparator 38) for cyclically switching the measuring device on and off
`
`(Column 5 Lines 16-24 and Column6 Lines 36-40).
`
`Regarding claim 9, Schuermannin view of Friedmanteaches the apparatus of claim 8 as
`
`

`

`Case 6:21-cv-01101-ADA Document 34-2 Filed 06/09/22 Page 9 of 14
`Case 6:21-cv-01101-ADA Document 34-2 Filed 06/09/22 Page 9 of 14
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`Application/Control Number: 10/565,732
`Art Unit: 2612
`
`Page 7
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`discussed above. Friedman further discloses that the time controller keeps the on state of the
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`measuring device shorter than the off state (Column 5 Lines 16-18 and Column 6 Lines 36-40).
`
`Regarding claim 12, Schuermann in view of Friedman teaches the apparatus of claim 8 as
`
`discussed above. While the combination does not expressly disclose that whenthe intelligent
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`device is switched on, the communication elementis initially on and the measuring deviceoff,
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`this is an obvious matter of design choice (the specification of the present application does not
`
`seem to give a reason for or an advantage to having this arrangement), which doesnot patentably
`
`distinguish the invention overthepriorart.
`
`Regarding claim 15, Schuermann discloses a communication element designedto use a
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`coil, whichis part of a transmission oscillator, for automatically setting up a data connection
`
`with an intelligent device likewise having a communication elementand a coil (see regarding
`
`claim 1 above). Schuermanndoesnotdisclose the methodsteps of:
`
`¢ monitoring a parameter of the transmission oscillator by means of a measuring
`
`device;
`
`e
`
`producing a control signal upon the occurrence of a change in the monitored property;
`
`and
`
`e
`
`switching on the communication element by a switching apparatus due in responseto
`
`the control signal.
`
`However, the preceding limitations are known in the art of communications. Friedman
`
`discloses an RF tag with a wake-up circuit (Figure 2) wherein a measuring device (comprising
`
`RF detect circuit 32) monitors for an interrogating signal and actuates a switch(flip flop 44) to
`
`poweron the tag when a valid interrogating signal is detected (Column 6 Lines 17-40).
`
`

`

`Case 6:21-cv-01101-ADA Document 34-2 Filed 06/09/22 Page 10 of 14
`Case 6:21-cv-01101-ADA Document 34-2 Filed 06/09/22 Page 10 of 14
`
`Application/Control Number: 10/565,732
`Art Unit: 2612
`
`Page 8
`
`Therefore it would have been obviousto one ofordinary skill in the art at the time the invention
`
`was made to combine Schuermann with Friedman as the suggestion lies in Friedman that the RF
`
`detect circuit can be part of an RF receiver/transmitter (i.e. coupled with the transmission
`
`oscillator; Column 5 Lines 8-11) and switching on the transponder/tag only when needed
`
`prolongsbattery life and/or saves energy.
`
`10.
`
`Claims 7 and 16 are rejected under 35 U.S.C. 103(a) as being unpatentable over
`
`Schuermann in view of Friedman as applied to claim 1 above, and further in view of Watkins
`
`(U.S. Patent No. 6,317,027).
`
`Regarding claim 7, Schuermann in view of Friedman teaches the apparatus of claim 1 as
`
`discussed above. The combination does not teach that the measuring frequency of the measuring
`
`device is sweepable over a predetermined frequency domain.
`
`However, the preceding limitation is knownin the art of communications. Watkins
`
`discloses an auto-tuning RFID reader, wherein a range of frequencies are scanned when
`
`searching for devices/transponders (Figure 2 and Column 3 Lines 44-62). Therefore it would
`
`have been obviousto one of ordinary skill in the art at the time of the invention to utilize the
`
`apparatus of Schuermann in view of Friedman with the addition of sweeping over a frequency
`
`range as the motivation lies in Watkins that off-frequency tags/transponders can be morereliably
`
`detected (Column 2 Lines 13-23).
`
`Regarding claim 16, Schuermann in view of Friedman teaches the method of claim 16 as
`
`discussed above. The combination does not teach that the measuring frequency of the measuring
`
`unit is swept over a given frequency domain during the monitoring of the property.
`
`

`

`Case 6:21-cv-01101-ADA Document 34-2 Filed 06/09/22 Page 11 of 14
`Case 6:21-cv-01101-ADA Document 34-2 Filed 06/09/22 Page 11 of 14
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`Application/Control Number: 10/565,732
`Art Unit: 2612
`
`Page 9
`
`However, the preceding limitation is knownin the art of communications. Watkins
`
`discloses an auto-tuning RFID reader, wherein a range of frequencies are scanned when
`
`searching for devices/transponders (Figure 2 and Column 3 Lines 44-62). Therefore it would
`
`have been obviousto one of ordinary skill in the art at the time of the invention to utilize the
`
`method of Schuermann in view of Friedman with the addition of sweeping over a frequency
`
`range as the motivation lies in Watkins that off-frequency tags/transponders can be morereliably
`
`detected (Column 2 Lines 13-23).
`
`11.
`
`Claims 10 and 11 are rejected under 35 U.S.C. 103(a) as being unpatentable over
`
`Schuermann in view of Friedman as applied to claim 8 above, and further in view of Nicholset
`
`al. (hereinafter “Nichols” — U.S. Patent No. 5,319,569).
`
`Regarding claim 10, the combination of Schuermannin view of Friedman teachesthe
`
`apparatus of claim 8 as discussed above. The combination doesnotdisclose that the measuring
`
`device stores a measuring value obtained during a cyclical on phase.
`
`However, the preceding limitation is knownin the art of communications. Nichols
`
`discloses a method and device for averaging signal measurements, including frequency and
`
`phase, wherein a measured valueis stored and ultimately averaged with other values (Figure 6
`
`and Column 7 Lines 3-32). Therefore it would have been obviousto one of ordinary skill in the
`
`art at the time the invention was made to combinethe storing and averaging method of Nichols
`
`with the apparatus of Schuermann in view of Friedman as the motivation lies in Nichols that
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`signal averaging is well-known practice in the art of communications to reduce the impact of
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`noise on signal measurements and to establish a baseline (Column | Lines 28-34).
`
`

`

`Case 6:21-cv-01101-ADA Document 34-2 Filed 06/09/22 Page 12 of 14
`Case 6:21-cv-01101-ADA Document 34-2 Filed 06/09/22 Page 12 of 14
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`Application/Control Number: 10/565,732
`Art Unit: 2612
`
`Page 10
`
`Regarding claim 11, Schuermann in view of Friedman and further in view of Nichols
`
`teaches the apparatus of claim 10 as discussed above. The combination further teaches that the
`
`measuring device emits a control signal to the switching apparatus when a measuring value
`
`deviates from the average of the measuring values stored with the previous on phases (Friedman
`
`discloses using a threshold value with the RF detect circuit (e.g. Column 6 Lines 32-36), andit
`
`would be obvious to use the average value of Nichols to define this threshold value since the
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`average value represents a baseline when noother devicesare present - 1.e. when the
`
`communication element should be off - and deviating from this value meansanother device is in
`
`range and that the element should be switched on).
`
`12.
`
`Claims 13 and 14 are rejected under 35 U.S.C. 103(a) as being unpatentable over
`
`Schuermann in view of Friedman as applied to claim 1 above, and further in view of Flaxl (U.S.
`
`Patent No. 5,491,715).
`
`Regarding claim 13, the combination of Schuermannin view of Friedman teachesthe
`
`apparatus of claim 1 as discussed above. The combination does not disclose that the measuring
`
`device hasa first oscillator device coupled at least temporarily with the coil for producinga first
`
`oscillation signal, and a second oscillator device for producing a secondoscillation signal.
`
`However, the preceding is knownin the art of communications. Flax] discloses an
`
`antenna tuning method and circuit, wherein a first oscillator device (antenna resonancecircuit
`
`18) and a secondoscillator device (osc/xmit circuitry 44) are fed into a phase comparator to
`
`perform adjustments to the device based on feedback (Figure 7 and Column 5 Line 33 - Column
`
`4 Line 6). It would have been obviousto one ofordinary skill in the art at the time the invention
`
`

`

`Case 6:21-cv-01101-ADA Document 34-2 Filed 06/09/22 Page 13 of 14
`Case 6:21-cv-01101-ADA Document 34-2 Filed 06/09/22 Page 13 of 14
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`Application/Control Number: 10/565,732
`Art Unit: 2612
`
`Page 11
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`was made to combine the apparatus of Schuermannin view of Friedman with the circuit
`
`disclosed in Flaxl as the phase comparison circuit in Flaxl can be usedto ascertain a change in
`
`the signal from the coil, which is a way of monitoring for an interrogating signal as done by the
`
`RF detect circuit in Friedman(i.e. the RF detect circuit in Friedman could be implemented as the
`
`phase comparisoncircuit of Flaxl).
`
`Regarding claim 14, Schuermann in view of Friedmanandfurther in view of Flaxl
`
`teaches the apparatus of claim 13 as discussed above. The combination further teaches
`
`producing the control signal for the switching apparatus on the basis of a phase relation between
`
`the first and second oscillation signals or signals derived therefrom (in Flaxl, the phase
`
`comparator 60 outputs a signal to the control unit 50 which adjusts the antenna resonancecircuit
`
`18; as discussed above, the phase comparatorcircuit with resulting control signal could be used
`
`as the RF detect circuit of Friedman).
`
`Conclusion
`
`13.
`
`The prior art made of record and notrelied upon is considered pertinent to applicant's
`
`disclosure:
`
`e Rotzoll (U.S. Patent No. 5,790,946) discloses a wake up device for a communications
`
`system.
`
`e Finkenzeller et al. (U.S. Patent No. 7,209,014) — this commonlyassigned patent with
`
`a commoninventor discloses a switching device with similar subject matter to the
`
`present application.
`
`e Orthmannet al. (U.S. Patent No. 5,489,908) discloses an apparatus and method for
`
`

`

`Case 6:21-cv-01101-ADA Document 34-2 Filed 06/09/22 Page 14 of 14
`Case 6:21-cv-01101-ADA Document 34-2 Filed 06/09/22 Page 14 of 14
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`Application/Control Number: 10/565,732
`Art Unit: 2612
`
`identifying multiple transponders.
`
`Page 12
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`e
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`Lanzlet al. (U.S. Patent No. 6,353,406) discloses a dual modetracking system.
`
`e Heide et al. (U.S. Patent No. 6,894,572) discloses a device for producing an oscillator
`
`signal in a wireless tag.
`
`14.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to Charles G. Curtis II] whose telephone numberis 571-270-7493.
`
`The examiner can normally be reached on Monday- Friday 7:30 AM - 4:00 PM EST.
`
`If attempts to reach the examinerby telephoneare unsuccessful, the examiner’s
`
`supervisor, Daniel Wu can be reached on 571-272-2964. The fax phone numberfor the
`
`organization where this application or proceedingis assigned is 571-273-8300.
`
`Information regarding the status of an application may be obtained from the Patent
`
`Application Information Retrieval (PAIR) system. Status information for published applications
`
`may be obtained from either Private PAIR or Public PAIR. Status information for unpublished
`
`applicationsis available through Private PAIR only. For more information about the PAIR
`
`system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR
`
`system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would
`
`like assistance from a USPTO Customer Service Representative or access to the automated
`
`information system,call 800-786-9199 (IN USA OR CANADA)or 571-272-1000.
`
`/Charles G Curtis HI/
`
`/Daniel Wu/
`Supervisory Patent Examiner, Art Unit 2612
`
`

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