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 .
Status of Claims
This action is in reply to the amendments filed on 12/10/2025 for Application No. 17/360,518.
Claims 1 – 4, 6 – 13 and 15 are currently pending and have been examined. Claims 1, 12, and 15 have been amended.
This action is made FINAL.
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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.
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.
Claims 1 – 5, 9 – 13 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Ette et al. (US 20200198581 A1), in view of Raman et al. (US 20150061856 A1).
Regarding claim 1, Ette teaches a system for controlling a vehicle comprising:
the vehicle comprising a vehicle control unit adapted to detect a user's input on the vehicle to i) control a door, or ii) control a start of an engine, or iii) control the door and the start of the engine; and (Ette: Paragraph 0003: “Traditional mechanical car keys are inserted into a lock cylinder to lock or unlock a vehicle door, or inserted into the ignition lock cylinder to start the engine, turn on the vehicle accessories, and unlock the steering wheel.”,
Supplemental Note: the vehicle is able to detect an input of a traditional key on the vehicle itself where it controls to unlock or lock the vehicles or start an engine if the key is inserted in the ignition lock cylinder. The key can perform both functions as meeting the third limitation)
a mobile device comprising a sensor configured to detect a position and a motion pattern of the mobile device, wherein, (Ette: Paragraph 0024: “The movement data is generated by one or more sensors that respond to movement of a vehicle user. The sensor identification circuit can be any suitable electronic device that is mobile and can carry sensors. Examples include a key fob, mobile smartphone or other phone, smart watch or other wristband, data goggles or other eyewear, and smart clothing. In example embodiments, the sensors can be sensors for measuring movement, acceleration, proximity, global position, or any other type of sensor that can be used to detect movement.”,
Supplemental Note: a mobile device is equivalent to a key fob, mobile smartphone, or any of the listed devices. These devices are then used for identifying movement of a vehicle user and the position as well)
collects i) a latest position of the mobile device, wherein the vehicle control unit detects the latest position of the mobile device after detecting the user’s input on the vehicle, (taught in combination with Raman)
and ii) the motion pattern of the mobile device detected from the sensor of the mobile device, (Ette: Paragraph 0012: “FIG. 3 schematically illustrates a system that detects the distance and position of a vehicle user carrying the sensor identification circuit and determines movement characteristics useful for recognizing the vehicle user”: Claim 12: “The sensor identification circuit according to claim 11, wherein the sensor identification circuit is integrated in a radio remote control or in a mobile radio device.”; Paragraph 0048: “When the vehicle user N moves away from or toward the vehicle F, movement data and positional data are generated and recorded. Movement data generated when the vehicle user N moves in the immediate vicinity of the vehicle F also is recorded and processed by the learning system. When the vehicle user N is in the immediate vicinity of the vehicle F, the movement profile generated with the movement data recorded while the vehicle user N is in the vicinity of the vehicle F may be correlated or otherwise related to the positional data ascertained by the radio components T. For example, the vehicle user N may rotate his/her body one way when approaching the driver door and rotate in a different way when approaching a passenger door or the vehicle trunk. In these example embodiments, when the movement data relates to a movement profile that in turn is related to positional data, the learning system can determine that the vehicle user N is in the position defined by that position data. For example, the learning system can determine whether the vehicle user N is located near the driver's door, near one of the other doors, near the rear hatch, or in another area when the matching movement profile is correlated to the relevant position vector. In other example embodiments, the learning system processes the movement data and determines whether the vehicle user N is a recognized vehicle user independent of the vehicle user's position.”,
Supplemental Note: the system is able to detect the position of the mobile device prior, as further illustrated in Figure A. The detection of a user input is taught in combination with the prior art of Raman)
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Figure A - Ette: Fig. 2
wherein the motion pattern of the mobile device comprises at least one of moving the mobile device from outside the vehicle to inside the vehicle or from inside the vehicle to outside the vehicle, carrying the mobile device into the vehicle through the door, a window, a tailgate, or a trunk of the vehicle, keeping the mobile device inside the vehicle or outside the vehicle with or without movement, moving the mobile device inside a cabin of the vehicle, approaching the vehicle, or moving away from the vehicle, determines a current position of the mobile device with respect to the vehicle based on combining the latest position and the motion pattern of the mobile device, and (Ette: Paragraph 0026: “Examples of such movement profiles include the vehicle user's movement after parking and leaving the vehicle, and the vehicle user's movement toward the vehicle upon returning to the vehicle.”; Paragraph 0048: “When the vehicle user N moves away from or toward the vehicle F, movement data and positional data are generated and recorded. Movement data generated when the vehicle user N moves in the immediate vicinity of the vehicle F also is recorded and processed by the learning system. When the vehicle user N is in the immediate vicinity of the vehicle F, the movement profile generated with the movement data recorded while the vehicle user N is in the vicinity of the vehicle F may be correlated or otherwise related to the positional data ascertained by the radio components T. For example, the vehicle user N may rotate his/her body one way when approaching the driver door and rotate in a different way when approaching a passenger door or the vehicle trunk. In these example embodiments, when the movement data relates to a movement profile that in turn is related to positional data, the learning system can determine that the vehicle user N is in the position defined by that position data. For example, the learning system can determine whether the vehicle user N is located near the driver's door, near one of the other doors, near the rear hatch, or in another area when the matching movement profile is correlated to the relevant position vector. In other example embodiments, the learning system processes the movement data and determines whether the vehicle user N is a recognized vehicle user independent of the vehicle user's position.”,
Supplemental Note: based on the position and the movement data of the vehicle user per the mobile device, when the user moves away and near the vehicle, that movement is captured. The other types of movements do not have to be included as claim states “at least one of”).
In sum, Ette teaches a system for controlling a vehicle comprising: the vehicle comprising a vehicle control unit adapted to detect a user's input on the vehicle to i) control a door, or ii) control a start of an engine, or iii) control the door and the start of the engine; and a mobile device comprising a sensor configured to detect a position and a motion pattern of the mobile device, wherein, collects i) a latest position of the mobile device, and ii) the motion pattern of the mobile device detected from the sensor of the mobile device, wherein the motion pattern of the mobile device comprises at least one of moving the mobile device from outside the vehicle to inside the vehicle or from inside the vehicle to outside the vehicle, carrying the mobile device into the vehicle through the door, a window, a tailgate, or a trunk of the vehicle, keeping the mobile device inside the vehicle or outside the vehicle with or without movement, moving the mobile device inside a cabin of the vehicle, approaching the vehicle, or moving away from the vehicle, determines a current position of the mobile device with respect to the vehicle based on combining the latest position and the motion pattern of the mobile device. Ette however does not teach in response to the vehicle control unit detecting the user's input on the vehicle, the vehicle control unit: collects i) a latest position of the mobile device, wherein the vehicle control unit detects the latest position of the mobile device after detecting the user’s input on the vehicle determines whether to i) control the door, or ii) control the start of the engine, or iii) control the door and the start of the engine, based on the detected user's input on the vehicle and the determined current position of the mobile device with respect to the vehicle.
Raman teaches in response to the vehicle control unit detecting the user's input on the vehicle, the vehicle control unit: (Raman: Paragraph 0019: “The cabin 100 may include one or more sensors for detecting the presence of a user. For example, the cabin 100 may include one or more seat-mounted pressure sensors 118 configured to measure the pressure applied to the seat. The cabin 100 may include one or more door sensors 120 configured to monitor door activity, such as the opening and/or closing of the door, the locking of the door, the operation of a window of the door, and/or any other suitable door activity event. A humidity sensor 122 may be included to measure the humidity content of the cabin. It is to be understood that the placement of the sensors illustrated in FIG. 1 is exemplary, and one or more additional sensors may be positioned in any suitable location of the vehicle.”,
Supplemental Note: the user input can be interacting with the vehicle components as stated above which are picked up by the sensors)
collects i) a latest position of the mobile device, wherein the vehicle control unit detects the latest position of the mobile device after detecting the user’s input on the vehicle (Raman: Paragraph 0022: “A non-volatile storage device 208 may be included in in-vehicle computing system 200 to store data such as instructions executable by processors 201 and 202 in non-volatile form. The storage device 208 may store application data to enable the in-vehicle computing system 200 to run an application for connecting to and/or pairing with a mobile device to provide an alert to a user to retrieve the mobile device when the user is exiting the vehicle. In-vehicle computing system 200 may further include a volatile memory 210. Volatile memory 210 may be random access memory (RAM).”; Paragraph 0044: “As described briefly above, the in-vehicle computing system may determine whether a user is exiting a vehicle in order to determine whether an alert may be performed. FIG. 5 is a flow chart illustrating a method 500 for determining if a user is present in the vehicle.”,
Supplemental Note: as shown in Figure B, once the driver is detected to interact with the vehicle, such as the door or the leaves their sear, the position of the mobile device is captured)
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Figure B - Raman: Fig. 5
determines whether to i) control the door, or ii) control the start of the engine, or iii) control the door and the start of the engine, (Raman: Paragraph 0040: “In some embodiments, the alert may include altering a function of one or more vehicle systems via an inter-vehicle communication module to provide an indication to a user that a circumstance exists that may warrant the attention of the user. For example, the alert may include preventing one or more doors from locking, as indicated at 418. By preventing the door(s) from locking responsive to an instruction from the user, the user may pause before leaving the vehicle in order to determine the cause of the lock prevention, thereby allowing more time to recognize the presence of the mobile device in the vehicle. In some embodiments, the vehicle doors may be permitted to be locked via user input after a threshold number of attempts to lock the doors is reached. In additional or alternative embodiments, preventing the vehicle door(s) from locking may include preventing the doors from locking temporarily, and automatically locking the doors after a threshold period of time has elapsed since the user request to lock the doors and/or another reference point in time.”)
based on the detected user's input on the vehicle and (Raman: Paragraph 0019: “The cabin 100 may include one or more sensors for detecting the presence of a user. For example, the cabin 100 may include one or more seat-mounted pressure sensors 118 configured to measure the pressure applied to the seat. The cabin 100 may include one or more door sensors 120 configured to monitor door activity, such as the opening and/or closing of the door, the locking of the door, the operation of a window of the door, and/or any other suitable door activity event. A humidity sensor 122 may be included to measure the humidity content of the cabin. It is to be understood that the placement of the sensors illustrated in FIG. 1 is exemplary, and one or more additional sensors may be positioned in any suitable location of the vehicle.”,
Supplemental Note: the user input can be interacting with the vehicle components as stated above which are picked up by the sensors)
the determined current position of the mobile device with respect to the vehicle (Raman: Paragraph 0035: “Alternatively, the in-vehicle computing system may receive, via the connection of the in-vehicle computing system with the mobile device, GPS coordinates of the mobile device and compare those to GPS coordinates of the vehicle to identify that the mobile device is in the vehicle.”).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention disclosed by Ette with the teachings of Raman with a reasonable expectation of success. Raman teaches the ability to detect the position of a mobile device if the user moves outside of the vehicle, based on vehicle sensors, to then alert the user to retrieve the mobile device. One with knowledge in the art would find it obvious to try to implement this method with the vehicle system of Ette. Ette teaches the use of the mobile device able to track its motion and positioning to unlock or start the engine of the vehicle, thus the device is important to the vehicle’s functionality. Having an alert to notify the user when the mobile device is left behind in the vehicle improves the quality of life for the user and increases security of the vehicle. For example, the mobile device as taught by Ette is used to unlock the vehicle depending on its position, thus an unknown person is able to unlock and get inside of the vehicle if the mobile device is left behind. The combination of Raman mitigates this security risk as the user is alerted about the mobile device’s location when leaving the vehicle. Furthermore, both Ette and Raman also teach the ability to detect a mobile device’s location in relation to the vehicle. Raman teaches this by the use of connecting with the mobile device to the vehicle by acquiring it’s GPS coordinates while Ette teaches the mobile device having sensors measuring its position and motion which is communicated with the vehicle. One with knowledge in the art would find both of these functions to be nothing more than a simple substitution of one known element for another to obtain predictable results. Lastly, both Ette and Raman adjust the vehicle door setting per the position of the mobile device. For example, Raman teaches the ability of the vehicle door to stay unlocked if the position of the mobile device is within the vehicle while Ette teaches the ability to unlock the vehicle door while the mobile device gets closer. Both prior art utilize position information of the mobile device in relation to the vehicle to determine whether or not to adjust the vehicle door locks, thus to one with knowledge in the art would be merely combining prior art elements according to known methods to yield predicable results.
Regarding claim 2, Ette, as modified, teaches wherein the vehicle further comprises a first communication unit and the mobile device comprises a second communication unit (Ette: Paragraph 0024: “The movement data is generated by one or more sensors that respond to movement of a vehicle user. The sensor identification circuit can be any suitable electronic device that is mobile and can carry sensors. Examples include a key fob, mobile smartphone or other phone, smart watch or other wristband, data goggles or other eyewear, and smart clothing.”,
Supplemental Note: the sensor identification circuit in the mobile device is equivalent to a second communication unit. The first communication unit in the vehicle is taught below)
and the first and second communication units are capable of data communication with each other (Ette: Paragraph 0025: “the vehicle can have multiple sensors that receive a signal from a mobile sensor identification circuit and then triangulates the signal to determine the location vector of the mobile sensor identification circuit.”,
Supplemental Note: the sensors of the vehicle which are able to receive signals from the mobile device are equivalent to a first communication unit).
Regarding claim 3, Ette, as modified, teaches, the vehicle control unit authenticates the mobile device using the data communication between the first communication unit and the second communication unit (Ette: Paragraph 0003: “Such keyless systems have a chip that receives a wireless signal from the vehicle, and in response thereto sends a return signal embodying identifying information back to the vehicle. If the identifying information embodied in the return signal is authenticated, the vehicle may be opened and, if equipped with keyless ignition, started.”,
Supplemental Note: the keyless system such as a mobile device can communicate with the vehicle to authenticate itself on whether to open the vehicle or start the vehicle).
In sum, Ette teaches the vehicle control unit authenticates the mobile device using the data communication between the first communication unit and the second communication unit. Ette however does not teach wherein when the vehicle control unit detects the user's input.
Raman teaches wherein when the vehicle control unit detects the user's input (Raman: Paragraph 0019: “The cabin 100 may include one or more sensors for detecting the presence of a user. For example, the cabin 100 may include one or more seat-mounted pressure sensors 118 configured to measure the pressure applied to the seat. The cabin 100 may include one or more door sensors 120 configured to monitor door activity, such as the opening and/or closing of the door, the locking of the door, the operation of a window of the door, and/or any other suitable door activity event. A humidity sensor 122 may be included to measure the humidity content of the cabin. It is to be understood that the placement of the sensors illustrated in FIG. 1 is exemplary, and one or more additional sensors may be positioned in any suitable location of the vehicle.”).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have been modified the invention disclosed by Ette. Please refer to the claim 1 rejection as the same functional teaching of Raman comprising vehicle sensors used to detect a user presence with the teaching of Ette’s mobile device able to capture movement/location of the user to authenticate whether to unlock or lock the vehicle.
Regarding claim 4, Ette, as modified, teaches wherein when the mobile device is authenticated by the vehicle control unit, the vehicle control unit collects the latest position of the mobile device and the motion pattern of the mobile device from the sensor of the mobile device to determine the current position of the mobile device with respect to the vehicle (Ette: Paragraph 0048: “When the vehicle user N moves away from or toward the vehicle F, movement data and positional data are generated and recorded. Movement data generated when the vehicle user N moves in the immediate vicinity of the vehicle F also is recorded and processed by the learning system. When the vehicle user N is in the immediate vicinity of the vehicle F, the movement profile generated with the movement data recorded while the vehicle user N is in the vicinity of the vehicle F may be correlated or otherwise related to the positional data ascertained by the radio components T. For example, the vehicle user N may rotate his/her body one way when approaching the driver door and rotate in a different way when approaching a passenger door or the vehicle trunk. In these example embodiments, when the movement data relates to a movement profile that in turn is related to positional data, the learning system can determine that the vehicle user N is in the position defined by that position data. For example, the learning system can determine whether the vehicle user N is located near the driver's door, near one of the other doors, near the rear hatch, or in another area when the matching movement profile is correlated to the relevant position vector. In other example embodiments, the learning system processes the movement data and determines whether the vehicle user N is a recognized vehicle user independent of the vehicle user's position.”,
Supplemental Note: based on the position and the movement data of the vehicle user per the mobile device, when the user moves away and near the vehicle, that movement is captured. If that movement is learned, the vehicle authenticates that movement into controlling the vehicle).
Regarding claim 9, Ette, as modified, teaches wherein if the latest position of the mobile device is detected as outside the vehicle and the motion pattern of the mobile device is detected as keeping outside the vehicle, the vehicle control unit determines the current position of the mobile device as outside the vehicle (Ette: Paragraph 0026: “the movement data from the sensors are subdivided into short time sequences, which are then input to the learning system for processing. The learning system processes the movement data to learn one or multiple movement profiles or patterns of movement of the vehicle user in the context of the vehicle. Each movement profile provides a signature that identifies a vehicle user. In example embodiments, each vehicle user can have multiple movement profiles. Examples of such movement profiles include the vehicle user's movement after parking and leaving the vehicle, and the vehicle user's movement toward the vehicle upon returning to the vehicle.”; Claim 2: “wherein the act of checking whether movement data detected at the point in time of the approach corresponds to a movement profile is performed after leaving and/or after approaching the vehicle before opening the vehicle”,
Supplemental Note: the ability of the system to determine whether a user is inside or outside the vehicle is based on the mobile device of the user and its proximity. It uses this information to determine if the user is outside and walking away from the vehicle).
Regarding claim 10, Ette, as modified, teaches wherein the sensor of the mobile device includes at least one of a gyro sensor, an acceleration sensor or a magneto metric sensor (Ette: Claim 6: “wherein the at least one sensor integrated in the sensor identification circuit comprises at least one sensor selected from the group comprising acceleration sensors, gyro sensors, magnetic sensors, and combination thereof”: Paragraph 0024: “The movement data is generated by one or more sensors that respond to movement of a vehicle user. The sensor identification circuit can be any suitable electronic device that is mobile and can carry sensors. Examples include a key fob, mobile smartphone or other phone, smart watch or other wristband, data goggles or other eyewear, and smart clothing.”,
Supplemental Note: the mobile device carries the sensor identification circuit which comprises of these sensors).
Regarding claim 11, Ette, as modified, teaches wherein the control of the door includes at least one of locking or unlocking the door of the vehicle (Ette: Paragraph 0025: “the vehicle can have multiple sensors that receive a signal from a mobile sensor identification circuit and then triangulates the signal to determine the location vector of the mobile sensor identification circuit. In example embodiments, as discussed in more detail herein, this location information corresponds to the position of the vehicle user relative to the vehicle and can be used to recognize the vehicle user. It also can be used to automatically control the vehicle in determined ways such as unlocking the driver door if the recognized vehicle user is proximal to the door.”).
Regarding claim 12, Ette teaches a method of controlling a vehicle comprising:
detecting a user's input on the vehicle to i) control a door, or ii) control a start of an engine, or iii) control the door and the start of the engine; (Ette: Paragraph 0003: “Traditional mechanical car keys are inserted into a lock cylinder to lock or unlock a vehicle door, or inserted into the ignition lock cylinder to start the engine, turn on the vehicle accessories, and unlock the steering wheel.”,
Supplemental Note: the vehicle is able to detect an input of a traditional key on the vehicle itself where it controls to unlock or lock the vehicles or start an engine if the key is inserted in the ignition lock cylinder. The key can perform both functions as meeting the third limitation)
collecting a latest position of a mobile device and a motion pattern of the mobile device from a sensor of the mobile device (Ette: Paragraph 0024: “The movement data is generated by one or more sensors that respond to movement of a vehicle user. The sensor identification circuit can be any suitable electronic device that is mobile and can carry sensors. Examples include a key fob, mobile smartphone or other phone, smart watch or other wristband, data goggles or other eyewear, and smart clothing. In example embodiments, the sensors can be sensors for measuring movement, acceleration, proximity, global position, or any other type of sensor that can be used to detect movement.”,
Supplemental Note: a mobile device is equivalent to a key fob, mobile smartphone, or any of the listed devices. These devices are then used for identifying movement of a vehicle user and the position as well)
… i) control the door, or ii) control the start of the engine, or iii) control the door and the start of the engine, (Ette: Paragraph 0043: “one movement pattern might correspond to only opening or unlocking the doors and a different pattern might correspond to both opening the doors and automatically starting the vehicle's engine.”)
wherein the latest position of the mobile device is a position of the mobile device before detecting the user's input on the vehicle, (Ette: Paragraph 0012: “FIG. 3 schematically illustrates a system that detects the distance and position of a vehicle user carrying the sensor identification circuit and determines movement characteristics useful for recognizing the vehicle user”: Claim 12: “The sensor identification circuit according to claim 11, wherein the sensor identification circuit is integrated in a radio remote control or in a mobile radio device.”; Paragraph 0048: “When the vehicle user N moves away from or toward the vehicle F, movement data and positional data are generated and recorded. Movement data generated when the vehicle user N moves in the immediate vicinity of the vehicle F also is recorded and processed by the learning system. When the vehicle user N is in the immediate vicinity of the vehicle F, the movement profile generated with the movement data recorded while the vehicle user N is in the vicinity of the vehicle F may be correlated or otherwise related to the positional data ascertained by the radio components T. For example, the vehicle user N may rotate his/her body one way when approaching the driver door and rotate in a different way when approaching a passenger door or the vehicle trunk. In these example embodiments, when the movement data relates to a movement profile that in turn is related to positional data, the learning system can determine that the vehicle user N is in the position defined by that position data. For example, the learning system can determine whether the vehicle user N is located near the driver's door, near one of the other doors, near the rear hatch, or in another area when the matching movement profile is correlated to the relevant position vector. In other example embodiments, the learning system processes the movement data and determines whether the vehicle user N is a recognized vehicle user independent of the vehicle user's position.”,
Supplemental Note: the system is able to detect the position of the mobile device prior, as further illustrated in Figure A. This is done when the driver is approaching the vehicle, thus prior to detecting a user input on the vehicle)
and wherein the motion pattern of the mobile device comprises at least one of moving the mobile device from outside the vehicle to inside the vehicle or from inside the vehicle to outside the vehicle, carrying the mobile device into the vehicle through the door, a window, a tailgate, or a trunk of the vehicle, keeping the mobile device inside the vehicle or outside the vehicle with or without movement, moving the mobile device inside a cabin of the vehicle, approaching the vehicle, or moving away from the vehicle; determining a current position of the mobile device with respect to the vehicle based on combining the latest position and the motion pattern of the mobile device, and (Ette: Paragraph 0026: “Examples of such movement profiles include the vehicle user's movement after parking and leaving the vehicle, and the vehicle user's movement toward the vehicle upon returning to the vehicle.”; Paragraph 0048: “When the vehicle user N moves away from or toward the vehicle F, movement data and positional data are generated and recorded. Movement data generated when the vehicle user N moves in the immediate vicinity of the vehicle F also is recorded and processed by the learning system. When the vehicle user N is in the immediate vicinity of the vehicle F, the movement profile generated with the movement data recorded while the vehicle user N is in the vicinity of the vehicle F may be correlated or otherwise related to the positional data ascertained by the radio components T. For example, the vehicle user N may rotate his/her body one way when approaching the driver door and rotate in a different way when approaching a passenger door or the vehicle trunk. In these example embodiments, when the movement data relates to a movement profile that in turn is related to positional data, the learning system can determine that the vehicle user N is in the position defined by that position data. For example, the learning system can determine whether the vehicle user N is located near the driver's door, near one of the other doors, near the rear hatch, or in another area when the matching movement profile is correlated to the relevant position vector. In other example embodiments, the learning system processes the movement data and determines whether the vehicle user N is a recognized vehicle user independent of the vehicle user's position.”,
Supplemental Note: based on the position and the movement data of the vehicle user per the mobile device, when the user moves away and near the vehicle, that movement is captured. The other types of movements do not have to be included as claim states “at least one of”).
In sum, Ette teaches a method of controlling a vehicle comprising: detecting a user's input on the vehicle to i) control a door, or ii) control a start of an engine, or iii) control the door and the start of the engine; collecting a latest position of a mobile device and a motion pattern of the mobile device from a sensor of the mobile device i) control the door, or ii) control the start of the engine, or iii) control the door and the start of the engine, wherein the latest position of the mobile device is a position of the mobile device before detecting the user's input on the vehicle, and wherein the motion pattern of the mobile device comprises at least one of moving the mobile device from outside the vehicle to inside the vehicle or from inside the vehicle to outside the vehicle, carrying the mobile device into the vehicle through the door, a window, a tailgate, or a trunk of the vehicle, keeping the mobile device inside the vehicle or outside the vehicle with or without movement, moving the mobile device inside a cabin of the vehicle, approaching the vehicle, or moving away from the vehicle; determining a current position of the mobile device with respect to the vehicle based on combining the latest position and the motion pattern of the mobile device. Ette however does not teach detecting a user’s input on the vehicle to determining whether to i) control the door, or ii) control the start of the engine, or iii) control the door and the start of an engine based on the detected user's input on the vehicle and the determined current position of the mobile device with respect to the vehicle.
Raman teaches after detecting the user’s input on the vehicle, (Raman: Paragraph 0019: “The cabin 100 may include one or more sensors for detecting the presence of a user. For example, the cabin 100 may include one or more seat-mounted pressure sensors 118 configured to measure the pressure applied to the seat. The cabin 100 may include one or more door sensors 120 configured to monitor door activity, such as the opening and/or closing of the door, the locking of the door, the operation of a window of the door, and/or any other suitable door activity event. A humidity sensor 122 may be included to measure the humidity content of the cabin. It is to be understood that the placement of the sensors illustrated in FIG. 1 is exemplary, and one or more additional sensors may be positioned in any suitable location of the vehicle.”,
Supplemental Note: the user input can be interacting with the vehicle components as stated above which are picked up by the sensors)
… in response to the detection of the user's input on the vehicle to (Raman: Paragraph 0022: “A non-volatile storage device 208 may be included in in-vehicle computing system 200 to store data such as instructions executable by processors 201 and 202 in non-volatile form. The storage device 208 may store application data to enable the in-vehicle computing system 200 to run an application for connecting to and/or pairing with a mobile device to provide an alert to a user to retrieve the mobile device when the user is exiting the vehicle. In-vehicle computing system 200 may further include a volatile memory 210. Volatile memory 210 may be random access memory (RAM).”; Paragraph 0044: “As described briefly above, the in-vehicle computing system may determine whether a user is exiting a vehicle in order to determine whether an alert may be performed. FIG. 5 is a flow chart illustrating a method 500 for determining if a user is present in the vehicle.”,
Supplemental Note: as shown in Figure B, once the driver is detected to interact with the vehicle, such as the door or the leaves their sear, the position of the mobile device is captured)
… determining whether to i) control the door, or ii) control the start of the engine, or iii) control the door and the start of an engine, (Raman: Paragraph 0040: “In some embodiments, the alert may include altering a function of one or more vehicle systems via an inter-vehicle communication module to provide an indication to a user that a circumstance exists that may warrant the attention of the user. For example, the alert may include preventing one or more doors from locking, as indicated at 418. By preventing the door(s) from locking responsive to an instruction from the user, the user may pause before leaving the vehicle in order to determine the cause of the lock prevention, thereby allowing more time to recognize the presence of the mobile device in the vehicle. In some embodiments, the vehicle doors may be permitted to be locked via user input after a threshold number of attempts to lock the doors is reached. In additional or alternative embodiments, preventing the vehicle door(s) from locking may include preventing the doors from locking temporarily, and automatically locking the doors after a threshold period of time has elapsed since the user request to lock the doors and/or another reference point in time.”)
based on the detected user's input on the vehicle and (Raman: Paragraph 0019: “The cabin 100 may include one or more sensors for detecting the presence of a user. For example, the cabin 100 may include one or more seat-mounted pressure sensors 118 configured to measure the pressure applied to the seat. The cabin 100 may include one or more door sensors 120 configured to monitor door activity, such as the opening and/or closing of the door, the locking of the door, the operation of a window of the door, and/or any other suitable door activity event. A humidity sensor 122 may be included to measure the humidity content of the cabin. It is to be understood that the placement of the sensors illustrated in FIG. 1 is exemplary, and one or more additional sensors may be positioned in any suitable location of the vehicle.”,
Supplemental Note: the user input can be interacting with the vehicle components as stated above which are picked up by the sensors)
the determined current position of the mobile device with respect to the vehicle (Raman: Paragraph 0035: “Alternatively, the in-vehicle computing system may receive, via the connection of the in-vehicle computing system with the mobile device, GPS coordinates of the mobile device and compare those to GPS coordinates of the vehicle to identify that the mobile device is in the vehicle.”).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention disclosed by Ette with the teachings of Raman with a reasonable expectation of success. Please refer to the rejection of claim 1 as both state the same function and therefore rejected under the same pretenses.
Regarding claim 13, Ette, as modified, teaches further comprising authenticating the mobile device using a data communication between the mobile device and the vehicle (Ette: Paragraph 0003: “Such keyless systems have a chip that receives a wireless signal from the vehicle, and in response thereto sends a return signal embodying identifying information back to the vehicle. If the identifying information embodied in the return signal is authenticated, the vehicle may be opened and, if equipped with keyless ignition, started.”,
Supplemental Note: the keyless system such as a mobile device can communicate with the vehicle to authenticate itself on whether to open the vehicle or start the vehicle).
Regarding claim 15, Ette teaches a vehicle comprising:
a vehicle control unit operable to detect a user's input on the vehicle to i) control a door, or ii) control a start of an engine, or iii) the door and the start of the engine; and (Ette: Paragraph 0003: “Traditional mechanical car keys are inserted into a lock cylinder to lock or unlock a vehicle door, or inserted into the ignition lock cylinder to start the engine, turn on the vehicle accessories, and unlock the steering wheel.”,
Supplemental Note: the vehicle is able to detect an input of a traditional key on the vehicle itself where it controls to unlock or lock the vehicles or start an engine if the key is inserted in the ignition lock cylinder. The key can perform both functions as meeting the third limitation)
a first communication unit capable of data communication with a mobile device, wherein, (Ette: Paragraph 0012: “FIG. 3 schematically illustrates a system that detects the distance and position of a vehicle user carrying the sensor identification circuit and determines movement characteristics useful for recognizing the vehicle user”: Claim 12: “The sensor identification circuit according to claim 11, wherein the sensor identification circuit is integrated in a radio remote control or in a mobile radio device.”)
... the vehicle control unit collects a latest position of the mobile device and the motion pattern of the mobile device from the mobile device, (Ette: Paragraph 0024: “The movement data is generated by one or more sensors that respond to movement of a vehicle user. The sensor identification circuit can be any suitable electronic device that is mobile and can carry sensors. Examples include a key fob, mobile smartphone or other phone, smart watch or other wristband, data goggles or other eyewear, and smart clothing. In example embodiments, the sensors can be sensors for measuring movement, acceleration, proximity, global position, or any other type of sensor that can be used to detect movement.”,
Supplemental Note: a mobile device is equivalent to a key fob, mobile smartphone, or any of the listed devices. These devices are then used for identifying movement of a vehicle user and the position as well)
… determines a current position of the mobile device with respect to the vehicle based on combining the latest position and the motion pattern of the mobile device, and (Ette: Paragraph 0026: “Examples of such movement profiles include the vehicle user's movement after parking and leaving the vehicle, and the vehicle user's movement toward the vehicle upon returning to the vehicle.”; Paragraph 0048: “When the vehicle user N moves away from or toward the vehicle F, movement data and positional data are generated and recorded. Movement data generated when the vehicle user N moves in the immediate vicinity of the vehicle F also is recorded and processed by the learning system. When the vehicle user N is in the immediate vicinity of the vehicle F, the movement profile generated with the movement data recorded while the vehicle user N is in the vicinity of the vehicle F may be correlated or otherwise related to the positional data ascertained by the radio components T. For example, the vehicle user N may rotate his/her body one way when approaching the driver door and rotate in a different way when approaching a passenger door or the vehicle trunk. In these example embodiments, when the movement data relates to a movement profile that in turn is related to positional data, the learning system can determine that the vehicle user N is in the position defined by that position data. For example, the learning system can determine whether the vehicle user N is located near the driver's door, near one of the other doors, near the rear hatch, or in another area when the matching movement profile is correlated to the relevant position vector. In other example embodiments, the learning system processes the movement data and determines whether the vehicle user N is a recognized vehicle user independent of the vehicle user's position.”,
Supplemental Note: based on the position and the movement data of the vehicle user per the mobile device, when the user moves away and near the vehicle, that movement is captured. The other types of movements do not have to be included as claim states “at least one of”)
and determines whether to i) control the door, or ii) control the start of the engine, or iii) control the door and the start of the engine, (Ette: Paragraph 0043: “one movement pattern might correspond to only opening or unlocking the doors and a different pattern might correspond to both opening the doors and automatically starting the vehicle's engine.”)
… wherein the motion pattern of the mobile device comprises at least one of moving the mobile device from outside the vehicle to inside the vehicle or from inside the vehicle to outside the vehicle, carrying the mobile device into the vehicle through the door, a window, a tailgate, or a trunk of the vehicle, keeping the mobile device inside the vehicle or outside the vehicle with or without movement, moving the mobile device inside a cabin of the vehicle, approaching the vehicle, or moving away from the vehicle (Ette: Paragraph 0048: “When the vehicle user N moves away from or toward the vehicle F, movement data and positional data are generated and recorded. Movement data generated when the vehicle user N moves in the immediate vicinity of the vehicle F also is recorded and processed by the learning system. When the vehicle user N is in the immediate vicinity of the vehicle F, the movement profile generated with the movement data recorded while the vehicle user N is in the vicinity of the vehicle F may be correlated or otherwise related to the positional data ascertained by the radio components T. For example, the vehicle user N may rotate his/her body one way when approaching the driver door and rotate in a different way when approaching a passenger door or the vehicle trunk. In these example embodiments, when the movement data relates to a movement profile that in turn is related to positional data, the learning system can determine that the vehicle user N is in the position defined by that position data. For example, the learning system can determine whether the vehicle user N is located near the driver's door, near one of the other doors, near the rear hatch, or in another area when the matching movement profile is correlated to the relevant position vector. In other example embodiments, the learning system processes the movement data and determines whether the vehicle user N is a recognized vehicle user independent of the vehicle user's position.”,
Supplemental Note: based on the position and the movement data of the vehicle user per the mobile device, when the user moves away and near the vehicle, that movement is captured. The other types of movements do not have to be included as claim states “at least one of”).
In sum, Ette teaches a vehicle comprising: a vehicle control unit operable to detect a user's input on the vehicle to i) control a door, or ii) control a start of an engine, or iii) the door and the start of the engine; and a first communication unit capable of data communication with a mobile device, wherein, the vehicle control unit collects a latest position of the mobile device and the motion pattern of the mobile device from the mobile device, determines a current position of the mobile device with respect to the vehicle based on combining the latest position and the motion pattern of the mobile device, and determines whether to i) control the door, or ii) control the start of the engine, or iii) control the door and the start of the engine, wherein the motion pattern of the mobile device comprises at least one of moving the mobile device from outside the vehicle to inside the vehicle or from inside the vehicle to outside the vehicle, carrying the mobile device into the vehicle through the door, a window, a tailgate, or a trunk of the vehicle, keeping the mobile device inside the vehicle or outside the vehicle with or without movement, moving the mobile device inside a cabin of the vehicle, approaching the vehicle, or moving away from the vehicle. Ette however does not teach the vehicle control unit detects the latest position of the mobile device after detecting the user’s input on the vehicle.
Raman teaches in response to the vehicle control unit detecting the user's input on the vehicle, (Raman: Paragraph 0019: “The cabin 100 may include one or more sensors for detecting the presence of a user. For example, the cabin 100 may include one or more seat-mounted pressure sensors 118 configured to measure the pressure applied to the seat. The cabin 100 may include one or more door sensors 120 configured to monitor door activity, such as the opening and/or closing of the door, the locking of the door, the operation of a window of the door, and/or any other suitable door activity event. A humidity sensor 122 may be included to measure the humidity content of the cabin. It is to be understood that the placement of the sensors illustrated in FIG. 1 is exemplary, and one or more additional sensors may be positioned in any suitable location of the vehicle.”,
Supplemental Note: the user input can be interacting with the vehicle components as stated above which are picked up by the sensors)
… wherein the vehicle control unit detects the latest position of the mobile device after detecting the user’s input on the vehicle (Raman: Paragraph 0022: “A non-volatile storage device 208 may be included in in-vehicle computing system 200 to store data such as instructions executable by processors 201 and 202 in non-volatile form. The storage device 208 may store application data to enable the in-vehicle computing system 200 to run an application for connecting to and/or pairing with a mobile device to provide an alert to a user to retrieve the mobile device when the user is exiting the vehicle. In-vehicle computing system 200 may further include a volatile memory 210. Volatile memory 210 may be random access memory (RAM).”; Paragraph 0044: “As described briefly above, the in-vehicle computing system may determine whether a user is exiting a vehicle in order to determine whether an alert may be performed. FIG. 5 is a flow chart illustrating a method 500 for determining if a user is present in the vehicle.”,
Supplemental Note: as shown in Figure B, once the driver is detected to interact with the vehicle, such as the door or the leaves their sear, the position of the mobile device is captured)
… based on the detected user's input on the vehicle and (Raman: Paragraph 0019: “The cabin 100 may include one or more sensors for detecting the presence of a user. For example, the cabin 100 may include one or more seat-mounted pressure sensors 118 configured to measure the pressure applied to the seat. The cabin 100 may include one or more door sensors 120 configured to monitor door activity, such as the opening and/or closing of the door, the locking of the door, the operation of a window of the door, and/or any other suitable door activity event. A humidity sensor 122 may be included to measure the humidity content of the cabin. It is to be understood that the placement of the sensors illustrated in FIG. 1 is exemplary, and one or more additional sensors may be positioned in any suitable location of the vehicle.”,
Supplemental Note: the user input can be interacting with the vehicle components as stated above which are picked up by the sensors)
the determined current position of the mobile device with respect to the vehicle (Raman: Paragraph 0035: “Alternatively, the in-vehicle computing system may receive, via the connection of the in-vehicle computing system with the mobile device, GPS coordinates of the mobile device and compare those to GPS coordinates of the vehicle to identify that the mobile device is in the vehicle.”).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention disclosed by Ette with the teachings of Raman with a reasonable expectation of success. Please refer to the rejection of claim 1 as both state the same function and therefore rejected under the same pretenses.
Claims 6 – 8 are rejected under 35 U.S.C. 103 as being unpatentable over Ette et al. (US 20200198581 A1), in view of Raman et al. (US 20150061856 A1) as applied to claim 1 above, and further in view of Basir et al. (US 9562776 B2).
Regarding claim 6, Ette, as modified, does not teach wherein if the latest position of the mobile device is detected as inside the vehicle and the motion pattern of the mobile device is detected as moving from inside the vehicle to outside the vehicle, the vehicle control unit determines the current position of the mobile device as outside the vehicle.
Basir teaches wherein if the latest position of the mobile device is detected as inside the vehicle and the motion pattern of the mobile device is detected as moving from inside the vehicle to outside the vehicle, the vehicle control unit determines the current position of the mobile device as outside the vehicle (Basir: Paragraphs 20 – 22: “The determination of the state of the person with respect to the states is accomplished by using information obtained from one or a combination of the following measurements: 1. This state is detected based on correlating/matching the motion of the person's device 26 (e.g. smartphone with accelerometer, gyro and/or gps) and typical walking motions. 2. This state is detected based on correlating/matching the motion of the person's device 26 and typical running motions.”; Paragraph 30: “The state of the person leaving the vehicle is based on detecting divergence between the person's location and that of the vehicle (via the device 26 and the device 18, respectively), and/or based on the strength of the signal measuring changes in the distance or the signal strength between the person and the vehicle based on RF signals (signal strength, time of travel, and angle of arrival) transmitted by the on-board device to a device carried by the person; or transmitted by the device carried by the person to the on-board device. In addition divergence of the motion paths of the vehicle 10 and that of the person (measured by a device 26) can be used to deduce that the person is leaving the vehicle 10; and/or changes measured in the magnetic fields around the person's device 26.”,
Supplemental Note: the state of the user can be interpreted by the position and motion of a mobile device that utilizes a accelerometer, gyro and GPS. This information is then used to analyze the person with the device leaving the vehicle and determining the device is outside the vehicle).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have been modified the invention disclosed by Ette. Ette teaches the ability of a vehicle system and a mobile device to communicate data regarding the mobile device’s position and movement pattern which by one of ordinary skill in the art would find as a simple substitution with the mobile device as taught by Basir with the ability to detect the position and motion as well. Both of these devices are also used for authenticating the movement of the user with the vehicle to perform vehicle control operations. One of ordinary skill in the art would find it obvious to try to combine the ability of the vehicle system to detect when the user is inside the vehicle and then leaves as taught by Basir with the vehicle system of Ette. Ette teaches the ability of detecting a user’s motion and position data as it approaches the vehicle however with the addition of Basir’s teaching, the vehicle can also detect when a user is leaving the vehicle as well. For example, if a user approaching the vehicle unlocks the vehicle, then leaving the vehicle would lock the vehicle, thus improving the efficiency of the vehicle as it can automatically lock itself without the user remembering to lock the vehicle.
Regarding claim 7, Ette, as modified, does not teach wherein if the latest position of the mobile device is detected as inside the vehicle and the motion pattern of the mobile device is detected as keeping inside the vehicle, the vehicle control unit determines the current position of the mobile device as inside the vehicle.
Basir teaches wherein if the latest position of the mobile device is detected as inside the vehicle and the motion pattern of the mobile device is detected as keeping inside the vehicle, the vehicle control unit determines the current position of the mobile device as inside the vehicle (Basir: Paragraphs 20 – 22: “The determination of the state of the person with respect to the states is accomplished by using information obtained from one or a combination of the following measurements: 1. This state is detected based on correlating/matching the motion of the person's device 26 (e.g. smartphone with accelerometer, gyro and/or gps) and typical walking motions. 2. This state is detected based on correlating/matching the motion of the person's device 26 and typical running motions.”; Paragraph 28: “A person in a stationary vehicle state is determined by detecting convergence (location proximity) between the location of the vehicle 10 and that of the person and that the locations are not changing. The presence of the person in the vehicle 10 can also be deduced based on measuring the attributes of the signal transmitted between the person's device 26 and the vehicle's onboard device 18.”,
Supplemental Note: the state of the user can be interpreted by the position and motion of a mobile device that utilizes a accelerometer, gyro and gps. This information is then used to analyze the person with the device staying inside the vehicle and determining the device is inside the vehicle).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have been modified the invention disclosed by Ette. Ette teaches the ability of a vehicle system and a mobile device to communicate data regarding the mobile device’s position and movement pattern which by one of ordinary skill in the art would find as a simple substitution with the mobile device as taught by Basir with the ability to detect the position and motion as well. Both of these devices are also used for authenticating the movement of the user with the vehicle to perform vehicle control operations. Due to the ability of tracking motion and position of a user and their mobile device as they are approaching the vehicle to unlock the vehicle as taught by Ette, the ability of Basir teaching of detecting the user and their mobile device is inside the vehicle would have been arrived to by one of ordinary skill in the art as in improving the safety of the vehicle users. Once the vehicle system of Ette confirms the authorized user is within the proximity range of the vehicle, it allows the user to perform vehicle controls such as unlocking the vehicle doors, one of ordinary skill in the art would be able to further this proximity range as to detect a user to be inside of the vehicle as well to improve the safety functionality of the vehicle. For example, an authorized user can be inside of their vehicle within the proximity range while an unauthorized user would be able to open a door of the vehicle to get inside as when the authorized user approached the vehicle, the vehicle doors unlocked and unless that user locked the door once inside, an unauthorized user would be able to open a door and get inside the vehicle. The ability to adjust the proximity range and motion detecting of the vehicle system of Ette to detect once the user is inside of the vehicle and remains there, the vehicle system can have its own controls and functions to perform within this context. For example, per the previous example, if the vehicle detected the authorized user entered from the driver side and is inside the vehicle, an unauthorized user using the outside driver side door handle to open the door can be detected by the vehicle system and it can lock the doors as it has already determined the authorized user is inside the vehicle. This is just one example in which safety can be improved for the users of the vehicle. For these reasons, one or ordinary skill in the art would find the increase in safety and functionality of the vehicle to identify an authorized user as remaining to be inside the vehicle as taught by Basir to be applied to the vehicle system of Ette.
Regarding claim 8, Ette, as modified, does not teach wherein if the latest position of the mobile device is detected as outside the vehicle and the motion pattern of the mobile device is detected as moving from outside the vehicle to inside the vehicle, the vehicle control unit determines the current position of the mobile device as inside the vehicle.
Basir teaches wherein if the latest position of the mobile device is detected as outside the vehicle and the motion pattern of the mobile device is detected as moving from outside the vehicle to inside the vehicle, the vehicle control unit determines the current position of the mobile device as inside the vehicle (Basir: Paragraphs 20 – 22: “The determination of the state of the person with respect to the states is accomplished by using information obtained from one or a combination of the following measurements: 1. This state is detected based on correlating/matching the motion of the person's device 26 (e.g. smartphone with accelerometer, gyro and/or gps) and typical walking motions. 2. This state is detected based on correlating/matching the motion of the person's device 26 and typical running motions.”; Paragraph 27: “The state of the person is being inside the vehicle is determined based on deducing the one or a combination of: the person was approaching the vehicle 10 and came to a stop, approaching the vehicle 10 and a vehicle door open event, the distance between the person's device and the onboard device is less than a certain threshold, the motion of the person's device 26 is highly correlated to that of the onboard device 18, and/or the person's device's 26 location is very close to that of the vehicle 10. In addition, the start of an engine after an approaching state can also be used as indicating the person is in the vehicle 10.”,
Supplemental Note: the state of the user can be interpreted by the position and motion of a mobile device that utilizes a accelerometer, gyro and gps. This information is then used to analyze the person with the device traveling from outside of the vehicle to inside of the vehicle).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have been modified the invention disclosed by Ette. Ette teaches the ability of a vehicle system and a mobile device to communicate data regarding the mobile device’s position and movement pattern which by one of ordinary skill in the art would find as a simple substitution with the mobile device as taught by Basir with the ability to detect the position and motion as well. Both of these devices are also used for authenticating the movement of the user with the vehicle to perform vehicle control operations. One of ordinary skill in the art would find it obvious to try to combine the ability of the vehicle system to detect when the user is outside the vehicle and then enters as taught by Basir with the vehicle system of Ette. Ette teaches the ability of detecting a user’s motion and position data as it approaches the vehicle however with the addition of Basir’s teaching, the vehicle can also detect when a user is entering the vehicle as well to lock the vehicle. For example, if a user approaching the vehicle unlocks the vehicle, then entering the vehicle would lock the vehicle as to not let any unauthorized users inside, thus improving the efficiency of the vehicle as it can automatically lock itself without the user remembering to lock the vehicle.
Response to Arguments
Applicant's arguments of the Rejections under 35 U.S.C. 103 section in REMARKS/ARGUMENTS, filed 12/10/2025 regarding the 35 U.S.C. 103 prior rejection of claims 1-4, 9-13, and 15 have been fully considered but are not persuasive.
Applicant states neither the prior art of Ette or Raman teach the amended claim limitations of claims 1, 12 and 15 of determining a current position of the mobile device “based on combining the latest position and the motion pattern of the mobile device”. Applicant submits that Ette does not teach combining the latest position and the motion pattern to determine a more accurate current position of the mobile device. Furthermore, Ette does not teach detecting a user inside the vehicle or detecting the position or motion pattern of the user when they travel from in and out the vehicle or vice versa as stated within the claims. Applicant states Ette merely teaches the user moving away from or towards a vehicle, or when a user is in the immediate vicinity of the vehicle. Examiner respectfully disagrees. Ette teaches the ability to detect whether a user is approaching or moving away from a vehicle in which the movement data and positional are recorded and processed by a learning system (Ette: Paragraph 0048). These movement patterns can be when the user approaching or leaving the vehicle (Ette: Paragraph 0026). The movement profiles created by the movement data are used to determine which user is entering or leaving the vehicle, and the position data is used to determine where the user is located within the vicinity of the vehicle by the learning model. Based on this description, it can be broadly interpreted that the learning model of Ette determines the current position of the mobile device based on combining the latest position and the movement profile of the mobile device. Due to the movement profile also determining whether the user is leaving or entering the vehicle, Ette is also broadly interpreted to teach detecting a user moving in and out of the vehicle or vice versa.
Applicant further states Raman does not teach the claim limitations of “in response to the vehicle control unit detecting the user's input on the vehicle, the vehicle control unit: collects i) a latest position of the mobile device, wherein the vehicle control unit detects the latest position of the mobile device after detecting the user’s input on the vehicle determines whether to i) control the door, or ii) control the start of the engine, or iii) control the door and the start of the engine, based on the detected user's input on the vehicle and the determined current position of the mobile device with respect to the vehicle.”. Applicant states Raman merely describes various passive sensors used to detect an absence of a user within a vehicle while not teaching to detect an active user input on the vehicle and then control a door and/or start of the engine in response to the active user input. Examiner respectfully disagrees. Raman teaches the ability of the vehicle to detect a user input by the various seat and door sensors (Raman: Paragraph 0019). Based on the user interacting with these sensors and the position of the mobile device, the vehicle is able to determine whether or not a user is inside the vehicle which in-turn control the door of the vehicle to be locked or unlocked (Raman: Paragraph 0040). The claim limitations state based on the user input AND (emphasis added) current position of the mobile device, the system is able to determine whether to control the vehicle doors OR (emphasis added) control the start of the engine. Therefore, based on the user inputs on the various sensors and the position of the mobile device the vehicle system of Raman can determine to adjust the door lock/unlock function.
Applicant further states Raman is not concerned with authentication of a user and only a passive presence of the user to alert regarding a position of the mobile device. Examiner respectfully disagrees. Ette teaches the ability of the authenticating a user by their movement profiles and mobile device position (Ette: Paragraph 0026 – 0048) which combined with Raman to further detect user inputs on the vehicle itself. Due to this combination, Ette in view of Raman do teach with the vehicle inputs (taught in view of Raman) of an authenticated user (taught by Ette).
Applicant further states the Office fails to establish a prima facie case of obviousness because Ette and Raman fail to teach a claimed subject matter. Applicant specifically mentions Raman only discusses the use of passive sensors for detecting “user input” and thus there is no motivation to combine Raman with Ette. Applicant states the use of passive sensors as taught by Raman is in direct contrast with active inputs of controlling the door or the start of the engine.
Examiner respectfully disagrees. In regards to Raman with the use of passive sensors, please refer to the arguments above of Raman utilizing the passive sensors to detect user inputs in combination with detecting a position of a mobile device to lock/unlock the vehicle doors. Furthermore regarding Ette and Raman failing to establish prima facie in a case for obviousness, the mobile device is utilized by the Ette for detecting the user’s movement pattern and mobile device position. The addition of Raman to also incorporate the vehicle system to detect passive user inputs would be obvious to try in situations where the mobile device is missing. For example, if the mobile device is left within in the cabin of the vehicle, the vehicle can alert the user to pick it back up. The whole system of Ette depends on the mobile device, thus the ability to detect other vehicle inputs in relation to the position of the mobile device to potentially alert the user about misplacing the mobile device as taught by Raman would be obvious to try by one of knowledge in the art to mitigate any situations where the mobile device is not on the user, preventing the vehicle system of Ette to perform as needed. Dependent claims 1 – 11 are still rejected as being dependent upon claim 1. Dependent claim 13 is still rejected as being dependent upon claim 12.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 SHIVAM SHARMA whose telephone number is (703)756-1726. The examiner can normally be reached Monday-Friday 8:00-5:00.
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/SHIVAM SHARMA/Examiner, Art Unit 3665
/Erin D Bishop/Supervisory Patent Examiner, Art Unit 3665