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 .
Examiner Notes that the fundamentals of the rejections are based on the broadest reasonable interpretation of the claim language. Applicant is kindly invited to consider the reference as a whole. References are to be interpreted as by one of ordinary skill in the art rather than as by a novice. See MPEP 2141. Therefore, the relevant inquiry when interpreting a reference is not what the reference expressly discloses on its face but what the reference would teach or suggest to one of ordinary skill in the art.
Status of the Claims
This is a Final Office Action in response to Applicant’s amendment of 06/09/2026. Claims 1, 3-13, 15-18 and 20-23 are pending and have been considered as follows.
Response to Amendment and/or Argument
Applicant’s amendments and/or arguments with respect to the Claim Rejection of Claims 1 and 3-21 under 35 USC 103 as set forth in the office action of 03/25/2026 have been considered and are NOT persuasive. Specifically, Applicant argues (Pages 7-14 of Applicant’s Remarks dated 06/09/2026):
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The Examiner’s Response:
The examiner has carefully considered Applicant’s arguments and respectfully disagrees. Regarding Argument (I.) & (II.)
Applicant’s argument improperly assumes that Fig. 2B of Xia requires a FIXED temporal sequence, even though the reference expressly stated that the stage may be performed in any order ([0097]). Prior art Xia teaches that resource 120 and device 110 engages in bidirectional communication 105, that resources 120 detects the presence of the designated/trusted authentication token device, and that resource 120 can indicate the identity of the device in message 210 to server 130. Accordingly, a POSTIA would have understood that resource 120 may obtain/recognize device 110’s identity during stage A communication, before server 130 transmits the silent push notification. The subsequent notification from server 130 is directed to activating the application and facilitating additional authentication or credential verification, not enabling resource 120 to first identify device 110. Indeed, prior art Xia further teaches that detection of a trusted device 110 does not necessarily result in automatic access because the system may additionally determine whether the user possess a required credential and whether applicable conditions are satisfied, emphasizing that device identification and user authentication are separate operations. Accordingly, Applicant’s argument that device 110 must first receive the server notification before initiating transmission of identification information to resource 120 is based on an unduly narrow interpretation/reading of the reference and ignores both the express disclosure oof permitting the stages to occur in different orders and the disclosure that resource 120 already recognizes the trusted device 110 before the server performs the subsequent authentication workflow.
Regarding Argument (III.)
Applicant’s argument improperly narrows the disclosure by requiring an express statement that server 130 stores an association between the access application and the identifier of device 110. Prior art Xia teaches that device 110 is a designated/trusted authentication token, that resources 120 can indicate the identity of the detected device to server 130 and that server 130 identifies device 110 as the device capable of serving as the authentication token for the access attempt. The reference further teaches that server 130 sends a silent push notification to device 110 to activate the access application. A POSTIA would understand that, in order for server 130 to direct a notification to the particular device 110 that hosts the access application, the server necessarily maintains sufficient information associating the access application with the identified device, such as a device identifier, registration information, or other application endpoint information. Otherwise, server 130 would not be capable of selectively transmitting the notification to device 110 rather than an unrelated device.
Accordingly, Applicant’s arguments (I-III) are NOT persuasive and 35 U.S.C. 103 rejection(s) is maintained. Particularly relevant disclosure of Xia are provided below:
[0078] In the example, the device 110 and the resource 120 have previously been associated, e.g., paired or bonded using Bluetooth, and the device 110 has been designated to represent an authentication factor, representing authorized user 102, for obtaining access to the resource 120 ...
[0080] The device 110 can periodically send signals, such as beacon messages, over the link (e.g., each second, every 5 seconds, every 15 seconds, or at another interval)… As the device 110 comes near to the resource 120 , the devices 110 , 120 can identify each other from the periodic signals and establish secure communication using the data stored from pairing…
[0088] Accordingly, in some implementations, rather than automatically granting access each time that proximity of a trusted device 110 is detected, the resource 120 and/or the server 130 may first determine whether the user possesses a particular credential, and whether conditions associated with the use of the credential are satisfied…
[0097] FIG. 2 B shows additional detail regarding an example of interactions between the elements in the system 200 to perform proximity-based access. FIG. 2 B illustrates a series of stages (A) to (J) that represent various operations of the system 200 and a flow of data. The operations illustrated may be performed in the order indicated or in another order.
[0098] In stage (A), the resource 120 detects an attempt to access the resource 120…
[0099] In stage (B), in response to the attempt to access the resource 120, the resource 120 sends a message 210 to the server 130 over the network 104… This message 210 can be sent based on the resource 120 determining that one or more devices have been designated as authentication tokens for proximity-based access.
[0100]…The message 210 may include a device identifier for each device that have been registered as authentication tokens for accessing the resource 120…if the resource 120 has detected the presence of a device that has been designated as an authentication token for access to the resource 120 , the resource 120 can indicate the identity of the device…
[0105] In stage (C), the server 130 identifies the device 110 as a device that can serve as an authentication token for the access attempted in in stage (A). The information identifying the device 110 can be obtained using information from the message 210 or data stored by the server 130…The message 210 from the resource 120 can thus include the device identifier for the device 110 , to indicate which device can provide the needed authentication. Due to the prior registration of the device 110 , the resource 120 can send data identifying the device 110 communicating with the device 110 or receiving user input specifying the device 110 at the time access is attempted.
[0106] In addition, or as an alternative, when registering the device 110 , the user identifier for the user 102 and the device identifier for the device 110 can be transmitted to the server 130 and stored by the server 130 in association with an identifier for the resource 120 . Then, when the server 130 receives the message 210 that indicates the resource 120 is being accessed, the server 130 can retrieve the data identifying the device 110 that has been designated as an authentication token for the resource 120 .
[0108] In stage (D), the server 130 causes a notification 220 to be sent to the device 110 over the network 104 . The notification 220 can sent over any of a variety of protocols or networks. For example, the notification 220 can be a silent push notification sent through a cellular network. As another example, the notification 220 can be sent over the Internet, via HTTP or another protocol, using a cellular network, a WI-FI connection, or other network connection. The notification 220 can include data that addresses the notification 220 for the access application on the device 110 .
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.
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, 3-13, 15-18 and 20-23 are rejected under 35 U.S.C. 103 as being unpatentable over Xia et al. (US 2020/0233949 A1 hereinafter Xia) in view of Lei et al. (US 2017/0339095 A1 hereinafter Lei).
Regarding claim 1, Xia teaches An apparatus applied to a mobile terminal (see at least Fig. 1-3B Abstract), comprising at least one processor and at least one memory, wherein the at least one memory stores programming instructions for execution by the at least one processor to cause the apparatus (see at least Fig. 1-3B Abstract) to:
establish a near-field communication connection to a vehicle-mounted device; (see at least Fig 1-3B [0070-0153]: The device 110 and the resource 120 have previously been associated, e.g., paired or bonded using Bluetooth. As a result of the pairing, the device 110 and the resource 120 may store identifiers that allow the devices to identify each other. As the device 110 comes near to the resource 120, the device 110 and resource 120 can identify each other from the data stored from pairing. Accordingly, in some implementations, rather than automatically granting access each time that proximity of a trusted device 110 is detected, the resource 120 and/or the server 130 may first determine whether the user possesses a particular credential, and whether conditions associated with the use of the credential are satisfied.)
send second information to the vehicle-mounted device, wherein the second information indicates first identification information of the mobile terminal, (see at least Fig 1-3B [0070-0153]: The device 110 and the resources 120 may store identifiers that allows the device to identify each other. The device 110 can periodically send signals that include information that identifies the device 110 (e.g. MAC address or other device identifier) to resource 120 allowing the devices to communicate securely or prove their identity to each other. In response to the attempt to access the resource 120, it sends a message 210 to the server 130 over the network 104. If the resource 120 has detected the presence of a device that has been designated as an authentication token for access to the resource 120 (i.e. proximity detection and device ID is known/received), the resource 120 can indicate the identity of the device. )
receive first information from network device in response to sending the second information to the vehicle-mounted device, wherein the network device is different from the vehicle-mounted device; (see at least Fig 1-3B [0070-0153]: The server 130 identifies the device 110 as a device that can serve as an authentication token for the access attempted. The information identifying the device 110 can be obtained using information from the message 210 or data stored by the server 130. Due to the prior registration of the device 110 , the resource 120 can send data identifying the device 110 communicating with the device 110 or receiving user input specifying the device 110 at the time access is attempted. The server 130 causes a notification 220 to be sent to the device 110 over the network 104.)
automatically activate an application (app) in response to the first information received from the network device that is different from the vehicle-mounted device; and (see at least Fig 1-3B [0070-0153]: When the notification 220 is received by the device 110, the operating system of the device 110 determines whether the notification 220 relates to the access application on the device 110. If the access application is not currently running on the device 110, the operating system may open the application to enable handling of the notification.)
send a control instruction to the vehicle-mounted device through the app. ((see at least Fig 1-3B [0070-0153]: The resource 120 (e.g. vehicle) has an operating system and access control agent software that executes on the resource 120)
It may be alleged that Xia does not explicitly teach wherein the first identification information comprises a hash product of an international mobile equipment identity (IMEI) of mobile terminal;
Lei is directed to system and method for performing telematics vehicle control functions, Lei teaches send second information to the vehicle-mounted device, wherein the second information indicates first identification information of the mobile terminal, wherein the first identification information comprises a hash product of an international mobile equipment identity (IMEI) of mobile terminal; (see at least [0033-0040]: A mobile device 122 may undergo a process the first time the mobile device 122 is connected to the telematics control unit 116. The telematics control unit 116 may maintain paired device data 128 indicating device identifiers or other information regarding mobile devices 122 that have been previously paired with the telematics control unit 116 . The device data 128 may indicate, for example, the unique device identifiers of mobile devices 122 previously paired with the telematics control unit 116 of the vehicle 102 (e.g., phone numbers, IMEI data, etc.), secret information shared between the paired mobile device 152 and the telematics control unit 116 such as link keys, and/or personal identification numbers (PINs), and most recently used or device priority information, such that the telematics control unit 116 may automatically reconnect to the mobile devices 122 matching data in the paired device data 128 without user intervention.)
send a control instruction to the vehicle-mounted device through the app. (see at least Fig. 3A-3B [0053-0056]: the application listing 304 may include a fob controls application 306 -A providing lock and unlock telematics functionality, a battery monitor application 306 -B providing battery state of charge telematics functionality, and a vehicle health application 306 -C providing vehicle 102 diagnostics telematics functionality. These controls may include a lock control 310 -A that, when selected, requests that the vehicle 102 doors be locked, an unlock control 310 -B that, when selected, requests that the vehicle 102 doors be unlocked, an alarm control 310 -C that, when selected, requests that the vehicle 102 alarm be invoked, an trunk release control 310 -D that, when selected, requests that the vehicle 102 truck be unlatched, and a start control 310 -E that, when selected, requests that the vehicle 102 engine be started.)
Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Xia’s proximity-based access system and method to incorporate the technique of sending second information to the vehicle-mounted device, wherein the second information indicates first identification information of the mobile terminal, wherein the first identification information comprises a hash product of an international mobile equipment identity (IMEI) of mobile terminal and controlling a vehicle function through a mobile device application as taught by Lei with reasonable expectation of success to bind access to a physical device to add a device possession factor.
Regarding Claim 10, Xia teaches An apparatus applied to a vehicle-mounted device (see at least Fig. 1-3B Abstract), comprising at least one processor and at least one memory, wherein the at least one memory stores programming instructions for execution by the at least one processor to cause the apparatus (see at least Fig. 1-3B Abstract) to:
establish a near-field communication connection to a mobile terminal; (see at least Fig 1-3B [0070-0153]: The device 110 and the resource 120 have previously been associated, e.g., paired or bonded using Bluetooth. As a result of the pairing, the device 110 and the resource 120 may store identifiers that allow the devices to identify each other. As the device 110 comes near to the resource 120, the device 110 and resource 120 can identify each other from the data stored from pairing. Accordingly, in some implementations, rather than automatically granting access each time that proximity of a trusted device 110 is detected, the resource 120 and/or the server 130 may first determine whether the user possesses a particular credential, and whether conditions associated with the use of the credential are satisfied.)
receive second information that indicates first identification information of the mobile terminal from the mobile terminal, (see at least Fig 1-3B [0070-0153]: The device 110 and the resources 120 may store identifiers that allows the device to identify each other. The device 110 can periodically send signals that include information that identifies the device 110 (e.g. MAC address or other device identifier) to resource 120 allowing the devices to communicate securely or prove their identity to each other. In response to the attempt to access the resource 120, resource 120 sends a message 210 to the server 130 over the network 104. If the resource 120 has detected the presence of a device that has been designated as an authentication token for access to the resource 120 (i.e. proximity detection and device ID is known/received), the resource 120 can indicate the identity of the device. )
send third information to a network device that is different from the mobile terminal in response to receiving the second information, wherein the third information indicates at least one of first identification of the mobile terminal or second identification information of the vehicle-mounted device, (see at least Fig 1-3B [0070-0153]: The device 110 and the resources 120 may store identifiers that allows the device to identify each other. The device 110 can periodically send signals that include information that identifies the device 110 (e.g. MAC address or other device identifier) to resource 120 allowing the devices to communicate securely or prove their identity to each other. In response to the attempt to access the resource 120, resource 120 sends a message 210 to the server 130 over the network 104. If the resource 120 has detected the presence of a device that has been designated as an authentication token for access to the resource 120 (i.e. proximity detection and device ID is known/received), the resource 120 can indicate the identity of the device. )
receive a control instruction from the mobile terminal; and send a control instruction to an in-vehicle control unit. (see at least Fig. 1-3B [0070-0094]: The resource 120 (e.g. vehicle) has an operating system and access control agent software that executes on the resource 120)
It may be alleged that Xia does not explicitly teach wherein the first identification information comprises a hash product of an international mobile equipment identity (IMEI) of mobile terminal;
Lei is directed to system and method for performing telematics vehicle control functions, Lei teaches send third information to a network device that is different from the mobile terminal in response to receiving the second information, wherein the third information indicates at least one of the first identification information of the mobile terminal or second identification of the vehicle-mounted device, wherein the first identification information comprises a hash product of an international mobile equipment identity (IMEI) of mobile terminal; (see at least [0033-0040]: A mobile device 122 may undergo a process the first time the mobile device 122 is connected to the telematics control unit 116. The telematics control unit 116 may maintain paired device data 128 indicating device identifiers or other information regarding mobile devices 122 that have been previously paired with the telematics control unit 116 . The device data 128 may indicate, for example, the unique device identifiers of mobile devices 122 previously paired with the telematics control unit 116 of the vehicle 102 (e.g., phone numbers, IMEI data, etc.), secret information shared between the paired mobile device 152 and the telematics control unit 116 such as link keys, and/or personal identification numbers (PINs), and most recently used or device priority information, such that the telematics control unit 116 may automatically reconnect to the mobile devices 122 matching data in the paired device data 128 without user intervention.)
receive a control instruction from the mobile terminal; and send the control instruction to an in-vehicle control unit. (see at least Fig. 3A-3B [0053-0056]: the application listing 304 may include a fob controls application 306 -A providing lock and unlock telematics functionality, a battery monitor application 306 -B providing battery state of charge telematics functionality, and a vehicle health application 306 -C providing vehicle 102 diagnostics telematics functionality. These controls may include a lock control 310 -A that, when selected, requests that the vehicle 102 doors be locked, an unlock control 310 -B that, when selected, requests that the vehicle 102 doors be unlocked, an alarm control 310 -C that, when selected, requests that the vehicle 102 alarm be invoked, an trunk release control 310 -D that, when selected, requests that the vehicle 102 truck be unlatched, and a start control 310 -E that, when selected, requests that the vehicle 102 engine be started.)
Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Xia’s proximity-based access system and method to incorporate the technique of sending second information to the vehicle-mounted device, wherein the second information indicates first identification information of the mobile terminal, wherein the first identification information comprises a hash product of an international mobile equipment identity (IMEI) of mobile terminal and controlling a vehicle function through a mobile device application as taught by Lei with reasonable expectation of success to bind access to a physical device to add a device possession factor.
Regarding Claim 18, Xia teaches An apparatus applied to a network device (see at least Fig. 1-3B Abstract), comprising at least one processor and at least one memory, wherein the at least one memory stores programming instructions for execution by the at least one processor to cause the apparatus (see at least Fig. 1-3B) to:
receive third information sent by a vehicle-mounted device, wherein the network device is different from the vehicle mounted device (see at least Fig 1-3B [0070-0153]: The device 110 and the resources 120 may store identifiers that allows the device to identify each other. The device 110 can periodically send signals that include information that identifies the device 110 (e.g. MAC address or other device identifier) to resource 120 allowing the devices to communicate securely or prove their identity to each other. In response to the attempt to access the resource 120, resource 120 sends a message 210 to the server 130 over the network 104. If the resource 120 has detected the presence of a device that has been designated as an authentication token for access to the resource 120 (i.e. proximity detection and device ID is known/received), the resource 120 can indicate the identity of the device. ); and
sent first information to a mobile terminal, wherein: the first information sent from the network device that is different from the vehicle-mounted device instructs an automatic activation of an application (app) of the mobile terminal; (see at least Fig 1-3B [0070-0153]: The server 130 identifies the device 110 as a device that can serve as an authentication token for the access attempted. The information identifying the device 110 can be obtained using information from the message 210 or data stored by the server 130. Due to the prior registration of the device 110 , the resource 120 can send data identifying the device 110 communicating with the device 110 or receiving user input specifying the device 110 at the time access is attempted. The server 130 causes a notification 220 to be sent to the device 110 over the network 104. When the notification 220 is received by the device 110, the operating system of the device 110 determines whether the notification 220 relates to the access application on the device 110. If the access application is not currently running on the device 110, the operating system may open the application to enable handling of the notification.)
the third information indicates at least one of the first identification of the mobile terminal or second information of the vehicle-mounted device, wherein the first information is sent according to association relationship between the first identification information and the app, wherein the association relationship is stored by the network device, wherein the programming instructions are for execution by the at least one processor to further cause the apparatus to: determine the app based on the third information. (see at least Fig 1-3B [0070-0153]: The device 110 and the resources 120 may store identifiers that allows the device to identify each other. The device 110 can periodically send signals that include information that identifies the device 110 (e.g. MAC address or other device identifier) to resource 120 allowing the devices to communicate securely or prove their identity to each other. In response to the attempt to access the resource 120, resource 120 sends a message 210 to the server 130 over the network 104. If the resource 120 has detected the presence of a device that has been designated as an authentication token for access to the resource 120 (i.e. proximity detection and device ID is known/received), the resource 120 can indicate the identity of the device. When registering the device 110 , the user identifier for the user 102 and the device identifier for the device 110 can be transmitted to the server 130 and stored by the server 130 in association with an identifier for the resource 120 . Then, when the server 130 receives the message 210 that indicates the resource 120 is being accessed, the server 130 can retrieve the data identifying the device 110 that has been designated as an authentication token for the resource 120 . Examiner notes that since device 110 is a designated/trusted authentication token, that resources 120 can indicate the identity of the detected device to server 130 and that server 130 identifies device 110 as the device capable of serving as the authentication token for the access attempt. The reference further teaches that server 130 sends a silent push notification to device 110 to activate the access application. A POSTIA would understand that, in order for server 130 to direct a notification to the particular device 110 that hosts the access application, the server necessarily maintains sufficient information associating the access application with the identified device, such as a device identifier, registration information, or other application endpoint information. Otherwise, server 130 would not be capable of selectively transmitting the notification to device 110 rather than an unrelated device.
It may be alleged that Xia doesn’t explicitly teach receive third information sent by a vehicle-mounted device, wherein the network device is different from the vehicle-mounted device.
Lei is directed to system and method for performing telematics vehicle control functions, Lei teaches receive third information sent by a vehicle-mounted device, wherein the network device is different from the vehicle-mounted device. (see at least [0033-0040]: A mobile device 122 may undergo a process the first time the mobile device 122 is connected to the telematics control unit 116. The telematics control unit 116 may maintain paired device data 128 indicating device identifiers or other information regarding mobile devices 122 that have been previously paired with the telematics control unit 116 . The device data 128 may indicate, for example, the unique device identifiers of mobile devices 122 previously paired with the telematics control unit 116 of the vehicle 102 (e.g., phone numbers, IMEI data, etc.), secret information shared between the paired mobile device 152 and the telematics control unit 116 such as link keys, and/or personal identification numbers (PINs), and most recently used or device priority information, such that the telematics control unit 116 may automatically reconnect to the mobile devices 122 matching data in the paired device data 128 without user intervention. The web server 140 may perform authentication of the mobile device 122 to ensure that the mobile devices 122 have permission to access the provided user interface. If the authentication is successful, the web server 140 may send the requested telematics commands (e.g., a “door unlock” command in an example) to the vehicle bus 108 for routing and processing. The web server 140 may also send command results to the mobile device 122 responsive to the command request.)
Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Xia’s proximity-based access system and method to incorporate the technique of receiving third information sent by a vehicle-mounted device, wherein the network device is different from the vehicle-mounted device as taught by Lei with reasonable expectation of success to bind access to a physical device to add a device possession factor.
Regarding Claim 3, the combination Xia in view of Lei teaches The apparatus according to claim 1,
Xia further teaches wherein the app is associated with the first identification information. (see at least Fig 1-3B [0070-0153]: in response to the notification 220, the device 110 sends authentication data 230 to the server 130 over the network 104 . The authentication data 230 can include a password or other data that demonstrates authorization to access the resource 120 . The authentication data can include, or be generated from, data stored locally at the device 110 prior to receipt of the notification 220 , or prior to the attempt to access the resource 120. As additional examples of authentication data, a password, code, certificate, token, signature, key, or other data that demonstrates the identity or authorization of a user. A user name, account identifier, device identifier, or other login identifier corresponding to a user may be sent, for example, if there are multiple users, accounts, or permission levels for the resource 120.)
Regarding Claims 4 and 12, the combination Xia in view of Lei teaches The apparatus according to claims 1 and 10,
Xia further teaches wherein the first identification information comprises one or more of an international mobile subscriber identity (IMSI), a universally unique identifier (UUID), a Wi-Fi MAC address, and a Bluetooth MAC address of the mobile terminal. (see at least [0080]: The device 110 can periodically send signals, such as beacon messages, over the link (e.g., each second, every 5 seconds, every 15 seconds, or at another interval). The signals can include information that identifies the device 110 , for example, a MAC address or other device identifier. The resource 120 may also send periodic signals to identify itself.)
Regarding Claims 5 and 11, the combination Xia in view of Lei teaches The apparatus according to claims 1 and 10,
Xia further teaches wherein the first identification information is associated with the second identification information. (see at least [0100-0150]: The mobile device 110 and the resource 120 form an association. This association may be a pairing of the mobile device 110 with the resource 120. The mobile device 110 and the resource 120 each store data that indicates the association. This may include typical data used for Bluetooth pairing, such as a link key or other identifier, and may additionally include settings and other data respectively stored by the access control agent and the access application. Similarly, the mobile device 110 can store a device identifier for the resource 120 , and the device the resource 120 can store and identifier for the device 110.)
Regarding Claims 6 and 13, the combination Xia in view of Lei teaches The apparatus according to claims 5 and 10,
Xia further teaches wherein the second identification information comprises at least one of the following: identification information of the vehicle-mounted device; identification information of a vehicle in which the vehicle-mounted device is located; or identification information of another vehicle-mounted device associated with the vehicle- mounted device. (see at least [0076 0100-0150]: The mobile device 110 and the resource 120 (e.g. vehicles) form an association. This association may be a pairing of the mobile device 110 with the resource 120. The mobile device 110 and the resource 120 each store data that indicates the association. This may include typical data used for Bluetooth pairing, such as a link key or other identifier, and may additionally include settings and other data respectively stored by the access control agent and the access application. Similarly, the mobile device 110 can store a device identifier for the resource 120 , and the device the resource 120 can store and identifier for the device 110.)
Regarding Claims 7 and 17, the combination Xia in view of Lei teaches The apparatus according to claims 1 and 10,
Xia doesn’t explicitly teach wherein the control instruction comprises one or more of an electronic key authentication, a vehicle unlocking instruction, an in-vehicle air conditioner turn-on instruction, an in-vehicle charging apparatus unlocking instruction, a vehicle remote control driving instruction, a vehicle window opening instruction, and a trunk opening instruction.
Lei is directed to system and method for performing telematics vehicle control functions, Lei teaches wherein the control instruction comprises one or more of an electronic key authentication, a vehicle unlocking instruction, an in-vehicle air conditioner turn-on instruction, an in-vehicle charging apparatus unlocking instruction, a vehicle remote control driving instruction, a vehicle window opening instruction, and a trunk opening instruction. (see at least Fig. 3A-3B [0053-0056]: the application listing 304 may include a fob controls application 306 -A providing lock and unlock telematics functionality, a battery monitor application 306 -B providing battery state of charge telematics functionality, and a vehicle health application 306 -C providing vehicle 102 diagnostics telematics functionality. These controls may include a lock control 310 -A that, when selected, requests that the vehicle 102 doors be locked, an unlock control 310 -B that, when selected, requests that the vehicle 102 doors be unlocked, an alarm control 310 -C that, when selected, requests that the vehicle 102 alarm be invoked, an trunk release control 310 -D that, when selected, requests that the vehicle 102 truck be unlatched, and a start control 310 -E that, when selected, requests that the vehicle 102 engine be started.)
Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Xia’s proximity-based access system and method to incorporate the technique of controlling a vehicle function through a mobile device application as taught by Lei with reasonable expectation of success to bind access to a physical device to add a device possession factor.
Regarding Claims 8, 15 and 21, the combination Xia in view of Lei teaches The apparatus according to claims 1 and 10, wherein the programming instructions are for execution by the at least one processor to further cause the apparatus to:
Xia further teaches send the control instruction through the near-field communication connection (see at least Fig. 4E [0007, 0076, 0084, 0145]: The resource can then provide access as soon as the resources detects the mobile device nearby. Having evaluated the various factors, the resource 120 may determine that access is appropriate, and may automatically unlock itself to allow access by the user 102. The pairing of the mobile device 110 with the resource 120 , using the access control agent and the access application as described above, indicates that the mobile device 110 should be treated as an authentication factor or token for granting access to the resource 120.)
Regarding Claims 9 and 20, the combination Xia in view of Lei teaches The apparatus according to claims 1 and 10,
Xia further teaches wherein the near-field communication connection is established based on one or more technologies comprising Bluetooth communication, ZigBee communication, infrared communication, ultra-wideband (UWB) communication, Wi-Fi communication, or near-field communication (NFC). (see at least [0005, 0008, 0077]: Proximity between two devices can be detected based on direct, wireless communication between the devices. For example, the devices can communicate over a short-range wireless communication protocol, such as Bluetooth.)
Regarding Claim 16, the combination Xia in view of Lei teaches The apparatus according to claim 10,
It may be alleged that Xia doesn’t explicitly teach wherein the in-vehicle control unit comprises one or more of a body control module (BCM), a vehicle control unit (VCU), a battery management system (BMS), a motor control unit (MCU), and passive entry/passive start (PEPS).
Lei is directed to system and method for performing telematics vehicle control functions, Lei teaches wherein the in-vehicle control unit comprises one or more of a body control module (BCM), a vehicle control unit (VCU), a battery management system (BMS), a motor control unit (MCU), and passive entry/passive start (PEPS). (see at least Fig. 1 [0025-]: The vehicle 102 may include a plurality of electronic control units (ECUs) 106 configured to perform and manage various vehicle 102 functions under the power of the vehicle battery and/or drivetrain. As some examples, an engine controller ECU 106 -A may be configured to provide for monitoring and control of the vehicle powertrain 104 . A body controller ECU 106 -B may manage various power control functions such as exterior lighting, interior lighting, keyless entry, door lock actuators 110 to lock and unlock vehicle doors, remote start, and point of access status verification. A brake controller 106 -C may be configured to communicate brake actuators 112 or other vehicle 102 safety systems. A climate controller ECU 106 -E may be configured to provide control of heating and cooling system components (e.g., compressor clutch, blower fan, temperature sensors, etc.) to manage climate in cargo and/or passenger compartments.)
Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Xia’s proximity-based access system and method to incorporate the technique of controlling a vehicle function through a mobile device application wherein the wherein the in-vehicle control unit comprises one or more of a body control module (BCM), a vehicle control unit (VCU), a battery management system (BMS), a motor control unit (MCU), and passive entry/passive start (PEPS) as taught by Lei with reasonable expectation of success to bind access to a physical device to add a device possession factor.
Regarding Claim 22, the combination of Xia in view of Lei teaches The apparatus according to claim 1,
Xia further teaches wherein the first information is a push notification type of information. (see at least Fig 1-3B [0070-0153]: The server 130 causes a notification 220 to be sent to the device 110 over the network 104 . The notification 220 can sent over any of a variety of protocols or networks. For example, the notification 220 can be a silent push notification sent through a cellular network.)
Regarding Claim 23, the combination of Xia in view of Lei teaches The apparatus according to claim 18,
Xia further teaches wherein the network device comprises a database that stores the association relationship. (see at least Fig 1-3B [0070-0153]: when registering the device 110 , the user identifier for the user 102 and the device identifier for the device 110 can be transmitted to the server 130 and stored by the server 130 in association with an identifier for the resource 120 . Then, when the server 130 receives the message 210 that indicates the resource 120 is being accessed, the server 130 can retrieve the data identifying the device 110 that has been designated as an authentication token for the resource 120. The server 130 causes a notification 220 to be sent to the device 110 over the network 104.)
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.
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/DANA F ARTIMEZ/Examiner, Art Unit 3667
/FARIS S ALMATRAHI/Supervisory Patent Examiner, Art Unit 3667
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