DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Introduction
The following is a final Office action in response to Applicant’s submission filed on 12/30/2025. Currently claims 1-8, 11-13 and 15 are pending and claims 1, 6, 7, 13, and 15 are independent. No claims have been amended from the previous submission. No claims have been newly added or cancelled.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. AU2018901365 (Australia), filed on 4/24/2018.
Response to Amendments
Applicant has not amended claims from the previous submission.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1- 8, 11-13 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Gerhardt et al. (US 20120280790 A1) in view of Wisbauer (DE 102016215022 B4)
Regarding claims 1, 6, 7, 13, and 15 (Amended), Gerhardt discloses a computer implemented method for booking a resource and providing access to the booked resource (Gerhardt ¶120 - The third-party client application may automatically request access on behalf of the electronic credential based on the trigger of an outside event such as booking a room for use at a certain time (see screen in 2103)), the method being implemented on a resource management system configured to communicate with one or computing devices and one or more resource booking systems across a communications network (Gerhardt Fig. 34), the method comprising: receiving, at the resource management system, a request to book a resource from a computing device of the one or more computing devices, the request comprising a resource identifier and a mobile computing device identifier; creating a booking based on the resource identifier (Gerhardt Fig. 23); determining a virtual key associated with the resource identifier, wherein the virtual key is configured to cooperate with an access device co-located with the resource to permit access to the resource(Gerhardt FIG. 22, 23 – Gerhardt ¶122 - notification informing the user of a pin code that allows the user access to a locking system (2204); determining whether a mobile computing device of the one or more computing devices associated with the mobile computing device identifier has a resource access application deployed thereon (Gerhardt ¶171 - At 3130, detecting of the proximity of the device to the lock launches a software application on the device {i.e. determine there is an application to launch}); determining that the mobile computing device has the resource access application deployed thereon, providing a confirmation message to a mobile computing device, wherein the confirmation message comprises one of (i) the virtual key and (ii) a confirmation code related to the virtual key to allow the virtual key to be retrieved (Gerhardt ¶122 - FIG. 22 discloses another example embodiment whereby a newly authenticated user (2201) receives a message confirming their registration via a communication such as but not limited to a text message, an email, a push notification or a third-party application notification informing the user of a pin code that allows the user access to a locking system (2204)); and operate one or more locking mechanisms associated with a respective resource, the access device configured to communicate with one or more mobile devices over a communications network, the method comprising: receiving, at the access device, an access request from a mobile computing device of the one or more mobile computing devices, the access request comprising a virtual key for a resource co-located with the access device (Gerhardt Fig. 7 - 701); determining a validity of the virtual key for the resource (Gerhardt Fig. 7 - 703); responsive to determining that the virtual key is valid for the resource, activating a locking mechanism associated with the resource to permit access to the resource (Gerhardt Fig. 7 - 707).
Gerhardt fails to clearly disclose prior to providing a confirmation message to the mobile computing device, determining, by the resources management system whether the mobile computing device of the one or more computing devices associated with the mobile computing device identifier has a resource access application deployed thereon, the resource access application being configured to receive and store a virtual key associated with a particular resource, and to communicate with the access device to gain access to the resource; and responsive to determining that the mobile computing device does not have the resource access application deployed thereon, prompting the mobile computing device to obtain the resource access application.
Wisbauer, from the same field of endeavor, teaches prior to providing a confirmation message to the mobile computing device, determining, by the resources management system whether the mobile computing device of the one or more computing devices associated with the mobile computing device identifier has a resource access application deployed thereon, the resource access application being configured to receive and store a virtual key associated with a particular resource, and to communicate with the access device to gain access to the resource (Wisbauer - It is therefore preferably checked whether at least the predetermined program required for authentication is installed on the mobile terminal. If this is the case, the control device for unlocking, locking and starting the motor vehicle is activated); and responsive to determining that the mobile computing device does not have the resource access application deployed thereon, prompting the mobile computing device to obtain the resource access application (Wisbauer - It is specifically checked whether the program 24 on the smartphone 20th is installed. This can be done, for example, by the communication device 14 one to the program 24 sends a directed request signal, the smartphone 20th sends a corresponding response signal if the program 24 also on the smartphone 20th should be installed).
It would be obvious for one of ordinary skill in the art before the effective filing date of the Applicant’s claimed invention to modify the remote access methodology/system of Gerhardt by including the access management techniques of Wisbauer because Wisbauer discloses “It is the object of the present invention to provide a method for operating an access system of a motor vehicle and an access system for a motor vehicle, by means of which the access system can be operated in a particularly reliable and energy-efficient manner (Wisbauer)”. Additionally, Gerhardt further details that “Systems and methods are provided for operating a remotely operable lock (Gerhardt ABS)” so it would be obvious to consider including the additional access techniques that Wisbauer discloses because it would improve the reliability of the system disclosed within Gerhardt.
Regarding claim 2, Gerhardt in view of Wisbauer discloses transmitting a booking confirmation request to the resource booking system to confirm the booking of the resource (Gerhardt Fig. 23).
Regarding claim 3, Gerhardt in view of Wisbauer discloses retrieving the virtual key from a virtual key database based on the resource identifier (Gerhardt ¶9 - The system abstracts access control from physical identifiers such as material keys or unique key-cards to virtual keys, which may be accessed from physical electronic devices. As the keys are stored in an electronic format in a secure web server).
Regarding claim 4, Gerhardt in view of Wisbauer discloses the virtual key comprises one or more QR codes readable by the access device associated with the resource identifier (Gerhardt ¶21 - FIG. 2 demonstrates a camera enabled portable electronic device reading a Quick Response (QR) code. The act of reading the code will trigger an application to launch and actuate a door lock).
Regarding claim 5, Gerhardt in view of Wisbauer discloses the request further comprises one or more of: (i) payment details and (ii) an indication of a duration for the booking (Gerhardt Fig. 23 – 2300).
Regarding claim 8, Gerhardt in view of Wisbauer discloses providing the virtual key to the access device comprises one of (i) presenting the virtual key to a reader of the access device to allow the access device to scan the virtual key; and (ii) sending the virtual key to the access device using near field communication capability or UHF based communication capability (Gerhardt ¶26 - FIG. 7 is a flow chart depicting the steps of using Near Field Communication to lock or unlock a door).
Regarding claim 11, Gerhardt in view of Wisbauer discloses determining the validity of the virtual key for the resource comprises comparing the virtual key with a stored virtual key for the resource and determining whether the virtual key is substantially equal to or different from the stored virtual key (Gerhardt ¶14 - In an example embodiment, a system for operating a remotely operable lock comprises: a web service for receiving credentials from a portable electronic device; authenticating the received credentials {i.e. compare}; and issuing a command for receipt by the lock upon successful authentication of the credentials).
Regarding claim 12, Gerhardt in view of Wisbauer discloses sending, from the access device, validation information to a resource access monitoring system, wherein the validation information comprises the virtual key and a resource identifier associated with the resource; and receiving, at the access device, a notification indicating the validity or invalidity of the virtual key for the resource from the resource access monitoring system (Gerhardt ¶14 - In an example embodiment, a system for operating a remotely operable lock comprises: a web service for receiving credentials from a portable electronic device; authenticating the received credentials; and issuing a command for receipt by the lock upon successful authentication of the credentials).
Response to Arguments
Applicant's arguments filed 12/30/2025 have been fully considered but they are not persuasive.
Applicant first argues that the combination of Gerhardt and Wisbauer is improper. This is unpersuasive because both Gerhardt and Wisbauer disclose remotely operating a locking system and Wisbauer discloses the improvement of operating the remote locking system more efficiently. It would be obvious for one of ordinary skill in the art to recognize that improvement to a remote locking system and combine it with the system of Gerhardt.
Applicant next argues that the prior art fails to disclose determining whether a user has the application downloaded or not. This is unpersuasive because Wisbauer discloses “It is therefore preferably checked whether at least the predetermined program required for authentication is installed on the mobile terminal” and this is interpreted as teaching that limitation.
Applicant next argues that the prior art fails to disclose providing a confirmation message. This is This is unpersuasive because Gerhardt ¶122 is interpreted as teaching that limitation.
Applicant finally argues that the prior art fails to disclose prompting the user to download the application. This is unpersuasive because Wisbauer discloses “It is specifically checked whether the program 24 on the smartphone 20th is installed… the smartphone 20th sends a corresponding response signal if the program 24 also on the smartphone 20th should be installed” and this is interpreted as informing the user (i.e. prompting) to install the program.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael R Koester whose telephone number is (313)446-4837. The examiner can normally be reached Monday thru Friday 8:00AM-5:00 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jerry O'Connor can be reached at (571) 272-6787. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL R KOESTER/Examiner, Art Unit 3624
/Jerry O'Connor/Supervisory Patent Examiner,Group Art Unit 3624
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