Prosecution Insights
Last updated: April 19, 2026
Application No. 18/184,352

VEHICLE CONTROL METHOD, MOBILE TERMINAL, VEHICLE-MOUNTED DEVICE, AND NETWORK DEVICE

Non-Final OA §103
Filed
Mar 15, 2023
Examiner
ARTIMEZ, DANA FERREN
Art Unit
3667
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Shenzhen Yinwang Intelligent Technologies Co., Ltd.
OA Round
3 (Non-Final)
58%
Grant Probability
Moderate
3-4
OA Rounds
3y 2m
To Grant
99%
With Interview

Examiner Intelligence

Grants 58% of resolved cases
58%
Career Allow Rate
46 granted / 80 resolved
+5.5% vs TC avg
Strong +44% interview lift
Without
With
+43.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
42 currently pending
Career history
122
Total Applications
across all art units

Statute-Specific Performance

§101
19.0%
-21.0% vs TC avg
§103
46.2%
+6.2% vs TC avg
§102
7.3%
-32.7% vs TC avg
§112
24.6%
-15.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 80 resolved cases

Office Action

§103
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 . This is a Non-Final rejection on the merits of this application. Claims 1 and 3-21 are currently pending, as discussed below. 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. Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/04/2025 has been entered. Information Disclosure Statement The information disclosure statement (IDS) filed on 11/17/2025 is being considered by the examiner. Response to Amendment and/or Argument Applicant’s arguments with respect to claim(s) 1 and 3-21 under 35 U.S.C. 103 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. 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. Claim(s) 1 and 3-21 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 [0070-0095]: The device 110 may be considered to be in proximity to the resource 120 when a distance or measure indicative of distance satisfies a predetermined threshold. The device 110 and the resource 120 can also detect each other and communicate directly over a short-range wireless communication channel 105.) 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 [0070-0080, 0127]: 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.) receive first information from network device, wherein the network device is different from the vehicle-mounted device; (see at least Fig 1-3B [0070-0120]: The server 130 maintains records of which devices have been designated as authentication tokens for the resource 120 and which devices are associated with different user identities. As a result, the server 130 may determine which device(s) can provide proximity based access for a particular identity or for a specific resources. The server 130 causes a notification 220 (i.e. first information) to be sent to the device 110 over the network. The notification 220 can be a silent push notification.) 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 [0070-0120]: 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 [0070-0094]: 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 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 [0070-0095]: The device 110 may be considered to be in proximity to the resource 120 when a distance or measure indicative of distance satisfies a predetermined threshold. The device 110 and the resource 120 can also detect each other and communicate directly over a short-range wireless communication channel 105.) send third information to a network device that is different from the mobile terminal, wherein the third information indicates at least one of first identification of the mobile terminal or second identification information of the vehicle-mounted device, wherein the first identification comprises a hash product of an international mobile equipment identity (IMEI) of the mobile terminal. (see at least Fig. 1-3B [0070-0080, 0127]: 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. In some implementation, the resource 120 may include content in the message to facilitate authentication. The message 210 may identify the resource 120 and may indicate the type of access that has been attempt. The message 120 may include a device identifier for each device that have been registered as authentication tokens for accessing the resource 120.) 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, 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. 1-3) 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 [0070-0080, 0127, 0140]: The device 110 and the resource 120 (e.g. vehicle) may communicate with the server 130 over a network 104. The mobile device 110 or the resource 120 contacts the server 130 to indicate that proximity based access is being configured. For example, an identifier for the resource 120 may be provided to the server 130 by either the mobile device 110 or the resource 120.); and sent first information to a mobile terminal (see at least Fig. 1-3B [0100-0143]: The server 130 causes a notification to be sent to the device 110 over the network 104. The notification 220 can be a silent push notification sent through a cellular network, The notification 20 can include data that addresses the notification 220 for the access application on the device 110.) 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 [0100-0143]: When the notification 220 is received by the device 110, the operating system of the device 110 determines that 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 the notification 220.) the third information indicates at least one of the first identification of the mobile terminal and 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. (see at least Fig. 1-3B [0100-0150]: The device 110 and the resource 120 (e.g. vehicle) may communicate with the server 130 over a network 104. The mobile device 110 or the resource 120 contacts the server 130 to indicate that proximity based access is being configured. For example, an identifier for the resource 120 may be provided to the server 130 by either the mobile device 110 or the resource 120. The mobile device 110, the resource 120, the server 130, or a combination thereof may identify the credential used for the pairing of the devices 110, 120. Any of the devices may then verify the validity of the credentials and any conditions associated with the credential. Based on records stored by the server 130 , the server may determine which credentials possessed by the user 102 associated with the mobile device 110 are able to be used for creating access to the resource 120. 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. For example, the data may indicate the specific user 102 and credential used for pairing devices 110 , 120 . 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.) 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 [0072, 0095-0115]: 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; and 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, 10 and 14, 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 14, the combination of Xia in view of Lei teaches The apparatus according to claim 10, wherein the programming instructions area for execution by the at least one processor to further cause the apparatus to: Xia further teaches send second information from the mobile terminal, wherein the second information indicates first identification information of the mobile terminal, (see at least Fig. 1-3B [0070-0080, 0127]: 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.) 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 19, the combination Xia in view of Lei teaches The apparatus according to claim 18, Xia further teaches wherein the programming instructions are for execution by the at least one processor to further cause the apparatus to: determine, at least one of the mobile terminal and the app based on the third information. (see at least Fig 1-3B [0070-0120]: The server 130 identifies the trusted device 110 as a device that may provide proximity-based access if located in proximity to the resource 120 . The server 130 then causes a notification to be sent to the trusted device 110 , e.g., as a silent push notification or as a message over the Internet. The trusted device 110 , upon receiving the notification, increases the frequency of transmissions of wireless messages announcing the presence of the trusted device 110 . For example, an operating system of the trusted device 110 can determine that the received notification corresponds to a specific application on the trusted device 110 , and in response can enable the application to increase the frequency of transmissions using Bluetooth or another wireless protocol.) Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANA F ARTIMEZ whose telephone number is (571)272-3410. The examiner can normally be reached M-F: 9:00 am-3:30 pm EST. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Faris S. Almatrahi can be reached at (313) 446-4821. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /DANA F ARTIMEZ/Examiner, Art Unit 3667 /FARIS S ALMATRAHI/Supervisory Patent Examiner, Art Unit 3667
Read full office action

Prosecution Timeline

Mar 15, 2023
Application Filed
Feb 20, 2025
Non-Final Rejection — §103
May 22, 2025
Response Filed
Jul 11, 2025
Final Rejection — §103
Oct 21, 2025
Response after Non-Final Action
Dec 04, 2025
Request for Continued Examination
Dec 16, 2025
Response after Non-Final Action
Mar 05, 2026
Non-Final Rejection — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
58%
Grant Probability
99%
With Interview (+43.9%)
3y 2m
Median Time to Grant
High
PTA Risk
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