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
`
`16/288,021
`
`02/27/2019
`
`Michael George Farley
`
`31260-42668/US
`
`3008
`
`FENWICK & WEST LLP
`
`SILICON VALLEY CENTER
`801 CALIFORNIA STREET
`
`MOUNTAIN VIEW, CA 94041
`
`BATISTA MARCOS
`
`2642
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`11/08/2019
`
`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):
`PTOC @ Fenwiek.eom
`
`PTOL-90A (Rev. 04/07)
`
`

`

`0/7709 A0170” Summary
`
`Application No.
`16/288,021
`Examiner
`MARCOS BATISTA
`
`Applicant(s)
`Farley et al.
`Art Unit
`2642
`
`AIA (FITF) Status
`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 February 27, 2019.
`[: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—20 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 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
`
`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 February 27, 2019 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)I:I 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)
`
`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 20191104
`
`

`

`Application/Control Number: 16/288,021
`Art Unit: 2642
`
`Page 2
`
`Detailed Action
`
`1.
`
`This Action is in response to Applicant's Patent Application filed on February 27,
`
`2019. Claims 1-20 are currently pending in the present application. This Action is made
`
`Non-Final.
`
`America Invents Act (AIA) Information
`
`2.
`
`The present application, filed on or after March 16, 2013, is being examined
`
`under the first inventor to file provisions of the AIA.
`
`Information Disclosure Statement
`
`3.
`
`The information disclosure statement(s) submitted on 07/15/2019 (has/have)
`
`been considered by the Examiner and made of record in the application file.
`
`Claim Rejections - 35 USC § 103
`
`4.
`
`In the event the determination of the status of the application as subject to AIA 35
`
`U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 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.
`
`5.
`
`The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all
`
`obviousness rejections 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 of this title, if the differences between the subject matter sought to be patented and
`the prior art are such that the subject matter as a whole would have been obvious at the time the
`invention was made to 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.
`
`

`

`Application/Control Number: 16/288,021
`Art Unit: 2642
`
`Page 3
`
`6.
`
`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 are summarized as follows:
`
`:PPONT‘
`
`Determining the scope and contents of the prior art.
`
`Ascertaining the differences between the prior art and the claims at issue.
`
`Resolving the level of ordinary skill in the pertinent art.
`Considering objective evidence present in the application indicating
`obviousness or nonobviousness.
`
`7.
`
`This application currently names joint inventors. In considering patentability of the
`
`claims the examiner presumes that the subject matter of the various claims was
`
`commonly owned as of the effective filing date of the claimed invention(s) absent any
`
`evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to
`
`point out the inventor and effective filing dates of each claim that was not commonly
`
`owned as of the effective filing date of the later invention in order for the examiner to
`
`consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2)
`
`prior art against the later invention.
`
`8.
`
`Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Evans; Nicholas George et al. (US 20140213301 A1), hereafter “Evans,” in view of
`
`SAKARGAYAN; Anupam (US 20100315236 A1), hereafter “SAKARGAYAN.”
`
`Consider claim 1. Evans discloses a tracking device comprising (see fig. 3): a
`
`user interface for receiving an input from a user (see fig. 3, par. 0051; [0051] As
`
`will be explained in more detail below,
`
`the mobile device 102
`
`
`
`
`
`includes the user interface manager 302. The user interface
`
`
`manager 302 may facilitate providing the user 103 access to data
`
`

`

`Application/Control Number: 16/288,021
`Art Unit: 2642
`
`Page 4
`
`on a tracking system 100 and/or providing data to the tracking
`
`system 100. Further,
`
`
`the user interface manager 302 provides a
`
`
`user interface by which the user 103 may communicate with
`
`tracking system 100 and/or tracking device 106 via mobile device
`
`1 02.); a transmitter configured to transmit a configuration instruction to a mobile device
`
`in response to the user interface receiving the input from the user (see pars. 0036 and
`
`0062,[0036] As mentioned above,
`
`the tracking system 100 can
`
`
`receive an indication that the tracking device 106 is lost from
`
`the mobile device 102. The tracking system 100 can then process
`
`
` the indication in order to help the user 103 find the tracking
`
`
`device 106. For example,
`
`the tracking system 100 can leverage
`
`
`the capabilities o:
`
`the community mobile devices 104 to help
`
`find the tracking device 106.
`
`
`
`
`100 may set a "lag "or a tracking device 106 to indicate that
`
`
`"n particular,
`
`the tracking system
`
`
`
`
`
`
`the tracking device 106 lost and monitor communications received
`
`
`from the community mobile devices 104 indicating the location or
`
`
`one or more tracking devices 106 within proximity ot
`
`the
`
`community mobile devices 104...), a receiver configured to receive, from the
`
`mobile device, a response to the configuration instruction indicating that the
`
`configuration instruction was received by the mobile device (see pars. 0036 and 0037;
`
`[0036] As mentioned above,
`
`the tracking system 100 can receive
`
`
`
`an indication that the tracking device ’06 is lost from the
`
`
`
`
`
`mobile device 102. The tracking system 100 can then process the
`
`
`indication in order to help the user 103 find the tracking
`
`

`

`Application/Control
`Art Unit: 2642
`
`Number: 16/288,021
`
`Page 5
`
`device 106. For example,
`
`the tracking system 100 can leverage
`
`
`the capabilities o:
`
`the community mobile devices 104 to help
`
`find the tracking device l06.
`
`
`
`
`"lag "or a tracking device 106
`
`100 may set a
`
`
`"n particular,
`
`the tracking system
`
` to indicate that
`
`
` from the community mobile devices 104
`
`the tracking device 106 lost and monitor communications received
`
`
`indicating the location or
`
`
`one or more tracking devices 106 within proximity o; the
`
`community mobil
`
`
`d vic s 101. Th
`
`tracking system 100 can
`
`determine whether a speci:
`
` fic location is associated with the
`
`
`lost tracking device 106 and provide any location updates
`
`associated with the tracking device 106 to the mobile device
`
`102.
`
`
`In one example,
`the tracking system may receive constant
`
`
`
`
`updates o_ tracking device 106 locations regardless o_ whether a
`
`
` cracking device 106 in response to receiving an
`
`trac<ing device 106 is lost and provide a most recent updated
`
`
`location o_ the
`
`indication that
`
`the tracking device 106 is lost.);aSpeaker
`
`configuration to emit sound (see par. 0039; [0039] As mentioned above,
`
`the
`
`tracking system 100 can assist a user 103 in locating a tracking
`
`device 106. The tracking device may be a chip, tile,
`
`tag, or
`
`
`other device for housing circuitry and that may be attached to
`
`
`
`or enclosed wi':hin an object such as a wallet, keys, purse, car,
`
`or other objec
`
`
`
`tracking device 106 may include a speaker
`
`: that the user 103 may trac<.
`
`Additionally,
`
`the
`
`
`
`for emitting a sound
`
`and/or a transmitter
`
`
`‘or broadcasting a beacon );andzaconflo”er
`
`
`
`

`

`Application/Control Number: 16/288,021
`Art Unit: 2642
`
`Page 6
`
`configured to, in response to receiving the response to the configuration instruction,
`
`cause the speaker to emit a second sound (see par. 0067; [0067] The user
`
`
`interface may also include local
`
`tracking options 606. Local
`
`tracking options 606 may include causing the tracking device to
`
`
`play a sound, or may include a local tracking option for using
`
`
`the proximity sensor 0:
`
`the mobile device 500 and tracking
`
`
`device 106 to search for and locate the tracking device 106.
`
`
`
`Other local tracking options 606,
`
`including a selection 0;
`
`
`various views or preferences, may also be displayed.
`
`
`In the
`
`illustrated example,
`
`the user 103 may select "play sound" to
`
`cause a tracking device 106 to emit a sound )
`
`
`
`Evans, however, does not particular refer to the following limitation taught by
`
`SAKARGAYAN, in analogous art; the configuration instruction instructing the mobile
`
`
`device to emit a first sound (see pars. 0017 and 0018; [0018] In overview,
`
`the
`
`
`various embodiments provide methods and devices for locating a
`
`lost or identifying a Stolen a mobile device by allowing an
`
`
`
`
`
`
`
`authorized user to remOtely aCtivate a mobile device alarm
`
`system by transmitting a secret number to the mobile device.
`
`
`
`a preferred embodiment,
`
`the user can aCtivate the mobile device
`
`
`
`
`In
`
`
`
`alarm by sending an SMS message,
`
`including a secret number,
`
`to
`
`the lost or stolen mobile device. The mobile device may be
`
`
`configured to parse the SMS message to determine whether a
`
`number that could be a secret number is included in the SMS
`
`
`
`
`
`
`
`"“ so,
`
`payload.
`
`the mobile device parses the message body (i.e.,
`
`

`

`Application/Control Number: 16/288,021
`Art Unit: 2642
`
`Page 7
`
`
`the portion 0:
`
`the message excluding addresses and status or
`
`
`importance flags) or message payload to obtain the number and
`
`compares it to the secret number stored in the mobile device's
`
`
`
`
`secure memory.
`"“ the received number and the stored secret
`
`the mobile device activates the alarm mode. As
`number match,
`
`
`
`
`part o_ setcing the alarm mode,
`
`the mobile device may set an
`
`
`
`
`
`alarm mode flag in the secure memory. The alarm mode may be
`
`
`configured to produce a detectable (e.g. audible and visual)
`
`output. The output may be selected by a user,
`
`such as by
`
`designating a particular ringtone to be sounded when the alarm
`
`
`
`mode is activated. For example,
`
`a user could seleCt an alarm
`
`ringtone so that when the alarm mode is activated the mobile
`
`
`
`device plays a very load siren or wavering tone,
`
`like a car
`
`
`
`alarm,
`
`
`to attract attention to the mobile device's thief )
`
`It would have been obvious to a person of ordinary skill in the art before the
`
`effective filing date of the claimed invention to modify the invention of Evans, who
`
`discloses making a lost device play a sound at paragraph 67 and have it include the
`
`teachings of SAKARGAYAN. The motivation would have been in order to facilitate
`
`finding a lost device (see pars. 0017 and 0018).
`
`Consider claim 2 in view of claim 1 above. Evens further discloses wherein the
`
`controller is further configured to, in response to failing to receive the response to the
`
`configuration instruction from the mobile device, cause the speaker to emit a third sound
`
`different from the second sound (see pars. 0039 and 0044, e.g., device constantly
`
`transmitting a beacon signal or emitting a sound without any request).
`
`

`

`Application/Control Number: 16/288,021
`Art Unit: 2642
`
`Page 8
`
`Consider claim 3 in view of claim 1 above. Evens further discloses wherein the
`
`controller is further configured to, in response to failing to receive the response to the
`
`configuration instruction from the mobile device, cause the speaker to emit a third sound
`
`different from the second sound (see pars. 0039 and 0044).
`
`Consider claim 4 in view of claim 1 above. Evens further discloses the receiver is
`
`further configured to communicatively couple with the mobile device; and the controller
`
`is further configured to, in response to communicatively coupling with the mobile device,
`
`cause the speaker to emit a third sound different from the second sound (see pars.
`
`0033 and 0044).
`
`Consider claim 5 in view of claim 1 above. Evens further discloses wherein the
`
`tracking device further comprises instructions for causing the speaker to emit each of a
`
`plurality of ringtones based on a corresponding plurality of conditions, and the controller
`
`is configured to cause the speaker to emit each of the plurality of ringtones in response
`
`to detecting a corresponding condition of the plurality of conditions (see pars. 0033 and
`
`0044).
`
`Consider claim 6 in view of claim 1 above. Evens further discloses wherein the
`
`tracking device is further configured to broadcast a beacon signal for locating the
`
`tracking device (see par. 0039).
`
`Consider claim 9. Evans discloses a method comprising (see fig. 3): receiving,
`
`at a tracking device, an input from a user (see fig. 3, par. 0051; [0051] As will be
`
`explained in more detail below,
`
`the mobile device 102 includes
`
`
`
`the user interface manager 302. The user interface manager 302
`
`
`may facilitate providing the user 103 access to data on a
`
`

`

`Application/Control Number: 16/288,021
`Art Unit: 2642
`
`Page 9
`
`tracking system 100 and/or providing data to the tracking system
`
`100. Further,
`
`the user interface manager 302 provides a user
`
`interface by which the user 103 may communicate with tracking
`
`
`
`system 100 and/or tracking device 106 via mobile device 102.x
`
`transmitting, by the tracking device, a configuration instruction to a mobile device in
`
`response to receiving the input from the user (see pars. 0036 and 0062, [0036] As
`
`
`
`the tracking system 100 can receive an
`mentioned above,
`
`
`indication that
`she cracking device 106 is lost
`rom she mobile
`
`
`
`
`
`
`
`
`
`device 102. The trac<ing system 100 can then process the
`
`indication in order to help the user 103 find the tracking
`
`
` 100 may set a "lag "or a tracking device 106 to indicate that
`
`
`
`device 106. For example,
`
`the tracking system 100 can leverage
`
`
`the capabilities or the community mobile devices 104 to help
`
`find the tracking device 106.
`
`
`
`
`
`"n particular,
`
`the tracking system
`
`the tracking device 106 lost and monitor comminications received
`
`from the community mobile devices 104 indicating the location or
`
`
`one or more tracking devices 106 within proximity of the
`
`community mobile devices 104...) receiving, from the mobile device, a response
`
`to the configuration instruction indicating that the configuration instruction was received
`
`by the mobile device (see pars. 0036 and 0037; [0036] As mentioned above,
`
`the tracking system 100 can receive an indication that the
`
`
`
`tracking device ’06 is lost from the mobile device 102. The
`
`
`
`
`
`
`tracking system 100 can then process the indication in order to
`
`
`help the user 103 find the tracking device 106. For example,
`
`the
`
`
`
`

`

`Application/Control Number: 16/288,021
`Art Unit: 2642
`
`Page 10
`
`
`tracking system 100 can leverage the capabilities of the
`
`
`community mobile devices 104 to help find the tracking device
`
`
`
`
`"1ag "or a
`
`
`106.
`"n particular,
`
`the tracking system 100 may set a
`
`tracking device 106 to indicate that the tracking device 106
`
`
`
`
`
`lost and monitor communications received from the community
`
`mobile devices 104 indicating the location of
`
`one or more
`
`
`
`
`tracking devices 106 within proximity of the community mobile
`
`devices 104. The tracking system 100 can determine whether a
`
`
`specific location is associated with the lost tracking device
`
`106 and provide any location updates associated with the
`
`
`
`tracking device 106 to the mobile device 102.
`
` the tracking system may receive constant upda
`
` In one example,
`
`
`tes ol
`
`tracking
`
`
`
`device 106 1ocations regard1ess ol whether a
`
`
`
`tracking device 106
`
`
`is lost and provide a most recent updated location of
`
`
`
`
`
`she
`
`
`
`tracking device 106 in response to receiving an indication that
`
`
`
`the tracking device 106 is lost.);and in response to receiving the response
`
`to the configuration instruction, emitting, by the tracking device, a second sound (see
`
`
`par.0067;[0067] The user interface may a1so inc1ude
`
`ioca1
`
`tracking options 606. Local tracking options 606 may include
`
`causing the tracking device to play a sound, or may include a
`
`
`
`
`
`
`
`'oca'
`tracking option for using the proximity sensor of the
`
`
`
`
`
`
`mobile device 500 and tracking device l06 to search for and
`
`
`
`locate the tracking device 106. Other local tracking options
`
`606,
`
`
`
`including a selection 0: various views or preferences, may
`
`
`
`

`

`Application/Control Number: 16/288,021
`Art Unit: 2642
`
`also be displayed.
`
`
`In the illustrated example,
`
`Page 11
`
`the user 103 may
`
`select "play sound" to cause a tracking device 106 to emit a
`
`
`
`soundm)
`
`Evans, however, does not particular refer to the following limitation taught by
`
`SAKARGAYAN, in analogous art; the configuration instruction instructing the mobile
`
`
`device to emit a first sound (see pars. 0017 and 0018; [0018] 2
`
`In overview,
`
`the
`
`various embodiments provide methods and devices
`
`
`for locating a
`
`lost or identi:
`
`
`
`fying a stolen a mobile device by allowing an
`
`authorized user to remOtely aCtivate a mobile device
`
`
`
`
`
`
`
`alarm
`
`device.
`
`
`In
`
`system by transmitting a secret number to the mobile
`
`
`
`a preferred embodiment,
`
`
`
`the user can aCtivate the mobile device
`
`the
`
`COD
`
`alarm by sending an SMS message,
`
`including a secret number,
`
`to
`
`lost or stolen mobile device. The mobile device may be
`
`:her a
`
` figured to parse the SMS message to determine whe'
`I)
`
`number that could be a secret number is included in
`
`the SMS
`
`
`
`payload. "'
`
`so,
`
`the mobile device parses the message
`
`body (i.e.,
`
`the
`
`
`portion 0:
`
`the message excluding addresses and status or
`
`
`importance flags) or message payload to obtain the number and
`
`compares it to the secret number stored in the mobile device's
`
`
`
`
`"“ the received number and the stored
`secure memory.
`
`secret
`
`the mobile device activates the alarm mode. As
`number match,
`
`
`
`
`part o_ seLcing the alarm mode,
`
`the mobile device may set an
`
`alarm mode flag in the secure memory. The alarm mode
`
`COD
`
` figured to produce a detectable (e.g. audible and
`
`may be
`
`visual)
`
`
`
`
`
`

`

`Application/Control Number: 16/288,021
`Art Unit: 2642
`
`Page 12
`
`output. The output may be selected by a user,
`
`such as by
`
`
`
`designating a particular ringtone to be sounded when the alarm
`
`mode is activated. For example,
`
`a user could selec: an alarm
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`ringtone so that when the alarm mode is activated the mobile
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`
`
`device plays a very load siren or wavering tone,
`
`
`like a car
`
`alarm,
`
`
`to attract attention to the mobile device's thief )
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`It would have been obvious to a person of ordinary skill in the art before the effective
`
`filing date of the claimed invention to modify the invention of Evans, who discloses
`
`making a lost device play a sound at paragraph 67 and have it include the teachings of
`
`SAKARGAYAN. The motivation would have been in order to facilitate finding a lost
`
`device (see pars. 0017 and 0018).
`
`Consider claim 10, the subject matter recited in this claim has already been
`
`addressed in rejection to claim 2. Therefore, it has been analyzed and rejected based
`
`upon the rejection to claim 2.
`
`Consider claim 11, the subject matter recited in this claim has already been
`
`addressed in rejection to claim 3. Therefore, it has been analyzed and rejected based
`
`upon the rejection to claim 3.
`
`Consider claim 12, the subject matter recited in this claim has already been
`
`addressed in rejection to claim 4. Therefore, it has been analyzed and rejected based
`
`upon the rejection to claim 4.
`
`Consider claim 13 in view of claim 9 above. Evens further discloses storing, by
`
`the tracking device, instructions for emitting each of a plurality of ringtones based on a
`
`corresponding plurality of conditions; and in response to detecting a condition of one of
`
`

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`Application/Control Number: 16/288,021
`Art Unit: 2642
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`Page 13
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`the plurality of conditions, emitting the corresponding ringtone of the plurality of
`
`ringtones (see pars. 0033, 0044 and 0084).
`
`Consider claim 14, the subject matter recited in this claim has already been
`
`addressed in rejection to claim 6. Therefore, it has been analyzed and rejected based
`
`upon the rejection to claim 6.
`
`Consider claim 16, the subject matter recited in this claim has already been
`
`addressed in rejection to claim 1. Therefore, it has been analyzed and rejected based
`
`upon the rejection to claim 1. Furthermore, Evans at paragraph 54 discloses storage
`
`medium to carry out the tasks as in claim 1 above (see par. 0054; [0054] The
`
`
`mobile device 102 may further include a tracking manager 308.
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`The tracking manager 308 may include a tracking application
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`locating a tracking device 106 associated with the user 103 )
`
`
`for communicating with and
`
`
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`(e.g.,
`
`a software application)
`
`
`
`Consider claim 17, the subject matter recited in this claim has already been
`
`addressed in rejection to claim 2. Therefore, it has been analyzed and rejected based
`
`upon the rejection to claim 2.
`
`Consider claim 18, the subject matter recited in this claim has already been
`
`addressed in rejection to claim 3. Therefore, it has been analyzed and rejected based
`
`upon the rejection to claim 3.
`
`Consider claim 19 in view of claim 16 above. Evens further discloses wherein
`
`the instructions, when executed, perform further steps comprising: detecting the mobile
`
`device based on a signal received from the mobile device; and in response to detecting
`
`

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`Application/Control Number: 16/288,021
`Art Unit: 2642
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`Page 14
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`the mobile device, instructing the speaker to emit a third sound different from the
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`second sound (see pars. 0033 and 0044).
`
`Consider claim 20 in view of claim 16 above. Evens further discloses wherein
`
`the instructions, when executed, perform further steps comprising: storing instructions
`
`for causing the speaker to emit each of a plurality of ringtones based on a
`
`corresponding plurality of conditions; and in response to detecting a condition of one of
`
`the plurality of conditions, instructing the speaker to emit the corresponding ringtone of
`
`the plurality of ringtones (see pars. 0033, 0044 and 0084).
`
`9.
`
`Claims 7, 8 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Evans in view of SAKARGAYAN as applied to claims 6 and 14 above, and further in
`
`view of Krishnamurthi; Govindarajan et al. (US 20060258371 A1), hereafter
`
`“Krishnamurthi.”
`
`Consider claim 7 in view of claim 6 above, Evens, as modified by
`
`SAKARGAYAN, discloses all the limitations that this claim depend upon, but does not
`
`particularly refer to the following limitation, taught by Krishnamurthi, in analogous art;
`
`wherein the receiver is further configured to receive a second configuration instruction
`
`from the mobile device, and in response to the second configuration instruction, the
`
`controller is configured to a setting of the beacon signal (see fig. 1, pars. 0008, 0046
`
`and 0087, where Krishnamurthi discloses for example, the LBA/LCS client 32 can be
`
`configured to dynamically change the periodicity and/or one or more other parameters
`
`(e. 9., location quality of service) of the periodic request after each instance of
`
`

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`Application/Control Number: 16/288,021
`Art Unit: 2642
`
`Page 15
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`determining the location of the mobile station 10, and/or after one or more conditions
`
`are met or otherwise changed).
`
`It would have been obvious to a person of ordinary skill in the art before the
`
`effective filing date of the claimed invention to modify the invention of Evans, as
`
`modified by SAKARGAYAN and have it include the teachings of Krishnamurthi. The
`
`motivation would have been in order to efficiently use network resources by not sending
`
`unnecessary signals (see fig. 1, pars. 0008, 0046 and 0087).
`
`Consider claim 8 in view of claim 7 above. Evens further discloses wherein the
`
`transmitter is further configured to transmit a confirmation signal to the mobile device,
`
`the confirmation signal indicating that the second configuration instruction was received
`
`by the tracking device (see par. 0042).
`
`Consider claim 15, the subject matter recited in this claim has already been
`
`addressed in rejection to claim 7. Therefore, it has been analyzed and rejected based
`
`upon the rejection to claim 7.
`
`Conclusion
`
`10.
`
`Any inquiry concerning this communication or earlier communications from
`
`the Examiner should be directed to Marcos Batista, whose telephone number is (571)
`
`270-5209. The Examiner can normally be reached on Monday-Friday from 8:00am to
`
`5:00pm.
`
`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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`

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`Application/Control Number: 16/288,021
`Art Unit: 2642
`
`Page 16
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`If attempts to reach the Examiner by telephone are unsuccessful, the Examiner’s
`
`supervisor, Rafael Pérez-Gutiérrez can be reached at (571) 272-7915. The fax phone
`
`number for the organization where this application or proceeding is 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 applications is 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 -272-1 000.
`
`/MARCOS BA TIS TA/
`
`Primary Examiner, Art Unit 2642
`
`November 5, 2019
`
`