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 .
DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
In view of the Appeal Brief filed on 3/20/2026, PROSECUTION IS HEREBY REOPENED. New grounds of rejection are set forth below.
To avoid abandonment of the application, appellant must exercise one of the following two options:
(1) file a reply under 37 CFR 1.111 (if this Office action is non-final) or a reply under 37 CFR 1.113 (if this Office action is final); or,
(2) initiate a new appeal by filing a notice of appeal under 37 CFR 41.31 followed by an appeal brief under 37 CFR 41.37. The previously paid notice of appeal fee and appeal brief fee can be applied to the new appeal. If, however, the appeal fees set forth in 37 CFR 41.20 have been increased since they were previously paid, then appellant must pay the difference between the increased fees and the amount previously paid.
A Supervisory Patent Examiner (SPE) has approved of reopening prosecution by signing below:
{ 4 }
Applicant's arguments filed in the appeal brief dated 1/5/2026 have been fully considered but they are not persuasive in part.
Patel, in general, teaches that a mobile telephone can be used as a keyless entry system for a vehicle using the same frequencies and systems that are already used by keyless entry systems. (See Patel at Abstract). Patel teaches that in alternative embodiments, the mobile telephone can be used to manipulate other functions of automobiles. (See Patel at Paragraphs 0009, 0023). Patel shows one example in which a single interface on a mobile telephone can be used for remote access and for controlling a second feature, such as climate control. (See Patel at Fig. 2, I 0024).
However, Patel does not teach or disclose that the same secured connection is used for controlling the various aspects via the user interface screen of Fig. 2. Accordingly, contrary to the allegation in the Final Action, Patel does not teach "reusing the secured communication link for an application of the vehicle additional to the first operation", as claimed in independent claims 14 and 25.
In the rejection of claim 14, the Examiner asserts that paragraph 23 of Patel teaches this feature. However, paragraph 23 does not mention whether the same secured communication link is used for communicating with the keyless entry system, and for communicating with the automobile's onboard computer. Indeed, Patel does not hint at the possibility that the automobile itself includes circuitry that would allow the keyless entry system of the automobile to access and control the automobile's onboard computer. Presumably, communication with the keyless entry function and functions of the automobile's onboard computer would require their own secured communication links. Regardless, nothing paragraph 23 of Patel discloses or suggests that the same secured communication link is used for both keyless entry and controlling automotive functions.
Because Patel does not teach "reusing the secured communication link for an application of the vehicle additional to the first operation", as claimed in claims 14 and 25, the obviousness rejection of claims 14 and 25 is in error, and should be reversed.
Examiner respectfully disagrees. Patel discloses in at least Paragraphs 0021 – 0023 wherein a remote keyless system may communicate with a remote controller, such as a mobile telephone, using a Bluetooth protocol, enabling “the telephone to communicate with and control the remote keyless system” as specifically recited in Paragraph 0022 of Patel. Examiner respectfully asserts that as a Bluetooth communication link involves a communication pairing between devices, in the case of Patel in which a Bluetooth connection is established between the vehicle keyless entry system and mobile device, through which control communications are transmitted [such as both remote starting commands and other commands, including manipulating the lights, air conditioning/heating systems, horn, audio/visual systems, door movement, window movement, or any other electrical components that may be controlled by the automobile’s onboard computer as disclosed in at least Paragraphs 0023 & 0029 of Patel], the communication link formed by the Bluetooth connection both starts the vehicle and is reused for a secondary application due to functionality of the pairing connection of Bluetooth, which generates the connection pairing between devices and exchanges information packets along the established Bluetooth connection [i.e. the same secured communication link is used for both keyless entry and controlling automotive functions]. No indication appears to be present in Patel that multiple or alternative Bluetooth connections would be made for each function, rather describing a single Bluetooth connection spanning multiple frequencies in Paragraph 0022 of Patel. Thus, Applicant arguments with respect to Patel are not persuasive.
With respect to Applicant arguments relating to Oshima and the maneuvering of the vehicle, as Oshima does not clearly establish that the maneuvering control of the vehicle takes place over an established communication link [such as Bluetooth upon which the secured connection of Patel relies], the rejection has been withdrawn. However, new grounds of rejection are set forth below with respect to teaching reference Nakashima (US 2021/0026347 A1).
With respect to Applicant’s Arguments regarding the rationale to combine the teachings of Nakashima with the disclosure of Patel, Examiner respectfully submits that the motivation has been reworded for clarification, however further notes that the control of vehicle movement functions improves the remote control system for the vehicle by expanding the functions of a vehicle able to be remotely controlled, enhancing the user’s control over the vehicle system when not physically present inside the vehicle.
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.
Claim(s) 14, 15, 17 - 19, 21, 23 - 25, & 27 - 32 is/are rejected under 35 U.S.C. 103 as being unpatentable over Patel (US 2011/0086668 A1) in view of Nakashima (US 2021/0026347 A1).
Regarding Claim 14:
Patel discloses: A method for a vehicle and for communicating with a personal communications device, the method comprising: (Patel discloses in at least Paragraph 0015 a method for a mobile telephone [i.e. personal communications device] to interact with a remote keyless system of an automobile through communication over radio frequencies, which further controls the onboard computer of the automobile using the remote keyless system)
establishing a secured communication link between the vehicle and the personal communications device (Patel discloses in at least Paragraph 0020 wherein a mobile telephone [i.e. personal communications device] may communicate with a remote keyless system of a vehicle through radio frequency bands in order to transmit commands, which may be authenticated [i.e. secured] by encryption or other authentication means. At least Paragraph 0021 of Patel further discloses wherein the communication and authentication may take place as a two-way authentication and identification [i.e. as a secured communication link], which may be implemented as a Bluetooth protocol transmitting packets between the devices as disclosed in at least Paragraph 0022 of Patel [i.e. a communication link may be established via Bluetooth or the like])
for a first operation of accessing and/or starting the vehicle; (Patel discloses in at least Paragraph 0027 wherein the mobile telephone [i.e. personal communications device] is loaded with an executable program that allows the telephone to act as a passive ignition key, in order to remotely start the vehicle [i.e. a first operation of starting the vehicle]. At least Paragraph 0029 of Patel further discloses wherein the executable program may include functions of remotely starting the vehicle engine, as described above, and additionally functionalities to lock/unlock a vehicle’s doors [i.e. a first operation of accessing the vehicle]. This may be implemented by an exemplary interface disclosed in at least Paragraph 0024 of Patel, as depicted in Figure 2, below. At least Paragraph 0020 of Patel discloses wherein when an authenticated command is sent from the telephone to the remote keyless system, which may take place utilizing a Bluetooth link as disclosed in at least Paragraphs 0022 & 0023 of Patel, [i.e. an operation command is sent via the communication link] and the command is authenticated by the remote keyless system, which subsequently executes the command if the command is deemed to be authentic)
PNG
media_image1.png
570
368
media_image1.png
Greyscale
reusing the secured communication link for an application of the vehicle additional to the first operation; and (Patel discloses in at least Paragraph 0023 wherein the executable program on the mobile smartphone is not limited to only lock/unlock and remote start capabilities, and may further control vehicle functions [through the same execution process as disclosed in at least Paragraph 0020 as set forth above], including manipulating the lights, air conditioning/heating systems, horn, audio/visual systems, door movement, window movement, or any other electrical components that may be controlled by the automobile’s onboard computer [i.e. an application of the vehicle additional to the first operation]. At least Paragraph 0024 and Figure 2 of Patel, above, depicts an embodiment in which a toggle switch on the mobile interface is used to control the aforementioned functions of the automobile, including specifically manipulating the internal vehicle temperature by controlling the air conditioning and heating system settings. As at least Paragraphs 0021 – 0023 of Patel disclose wherein the remote keyless system and mobile telephone communicate over a two-way Bluetooth connection that controls the plurality of functions, including the remote start and climate controls [or other vehicle system control], the secured communication link used for the remote start or vehicle access is re-used for the second function)
Patel however does not appear to specifically disclose:
wherein reusing the secured communication link comprises reusing the secured communication link for maneuvering the vehicle using the personal communications device.
However Nakashima teaches wherein a vehicle may be remotely operated by a mobile device through the use of a Bluetooth connection, including the starting and maneuvering of said vehicle.
wherein reusing the secured communication link comprises reusing the secured communication link for maneuvering the vehicle using the personal communications device. (However Nakashima teaches in at least Paragraph 0064 wherein a remote operation ECU of the vehicle may control acceleration, deceleration, or steering of the subject vehicle based on a user’s remote operations using the mobile device [i.e. maneuvering the vehicle using the personal communications device]. This may take place in addition to operations such as locking/unlocking vehicle doors and starting an engine of the vehicle as taught in at least Paragraph 0033 based on an authenticated mobile device communication, which may be implemented via a Bluetooth communication link as taught in at least Paragraphs 0029, 0044, 0054, & 0056, the latter two specifically reciting the performance of motion control occurring over the Bluetooth signal connection [i.e. reusing the secured communication link to maneuver the vehicle]. At least Figure 7 of Nakashima, below, depicts one such embodiment of a user’s remote operation, wherein a user may operate buttons on the display to cause forward or backward movement of the vehicle, which as noted above with respect to Paragraphs 0054 & 0056 of Nakashima, cause the communication of instructions to the vehicle control system via the Bluetooth link)
PNG
media_image2.png
234
274
media_image2.png
Greyscale
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present claimed invention to have modified the disclosure of Patel by incorporating the maneuvering of the vehicle through a mobile device linked via Bluetooth to said vehicle over said Bluetooth connection as taught by Nakashima.
The motivation to do so is that, as acknowledged by Nakashima in at least Paragraphs 0022, 0049, 0055, & 0064, a vehicle may be enabled to remotely be parked or otherwise have its motion controlled based on inputs to a mobile device, improving the remote-control operation of the vehicle by enhancing the user’s control over the vehicle system when not physically present inside the vehicle.
Regarding Claim 15:
The method of claim 14, wherein reusing the secured communication link comprises using the secured communication link for receiving one or more instructions from the personal communications device for the application, wherein said instructions allow a user to steer and accelerate the vehicle using the personal communications device.
Patel discloses in at least Paragraphs 0023 & 0024 wherein an executable program on a mobile device [i.e. personal communications device] may communicate commands to control a plurality of vehicle functionalities [i.e. the secured communication link is re-used], however does not appear to specifically disclose wherein said instructions allow a user to steer and accelerate the vehicle using the personal communications device.
However Nakashima teaches in at least Paragraph 0064 wherein a remote operation ECU of the vehicle may control acceleration, deceleration, or steering of the subject vehicle based on a user’s remote operations using the mobile device [i.e. using the secured communication link for receiving one or more instructions to allow a user to steer and accelerate the vehicle using the personal communications device]. At least Figure 7 of Nakashima, above, depicts one such embodiment of a user’s remote operation, wherein a user may operate buttons on the display to cause forward or backward movement of the vehicle.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present claimed invention to have modified the disclosure of Patel by incorporating the control of acceleration, deceleration, and steering based on user operations input to a mobile device as taught by Nakashima.
The motivation to do so is that, as acknowledged by Nakashima in at least Paragraphs 0049 & 0064, travel of the vehicle based on remote instructions corresponding to specific movement profiles may be enabled, improving the range of control of the vehicle capable of being executed from a remote device.
Regarding Claim 17:
The method of claim 14, wherein the secured communication link comprises at least one of a Bluetooth low energy, BLE, link.
Patel discloses in at least Paragraph 0022 wherein in a preferred embodiment, the remote keyless system uses Bluetooth, however appears to be silent regarding specifically the use of a Bluetooth low energy link.
However Nakashima teaches in at least Paragraphs 0029 & 0044 wherein the in-vehicle system and mobile device may communicate with one another over a Bluetooth Low Energy (BLE) communication link [i.e. the secured communication link comprises a Bluetooth low energy, BLE, link].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present claimed invention to have modified the disclosure of Patel by incorporating the use of a Bluetooth low-energy link as taught by Nakashima.
The motivation to do so is that, as acknowledged by Nakashima in at least Paragraph 0044, the BLE signal may be distinguished from other radio frequency communications in the vicinity, improving the transmission and reception of the control signals between the vehicle and mobile device.
Regarding Claim 18:
The method of claim 14, wherein the method further comprises: determining a relative position and/or distance of the personal communications device with respect to the vehicle for accessing and/or starting the vehicle based on the relative position and/or the distance, and reusing the relative position and/or the distance for maneuvering the vehicle using the personal communications device.
Patel discloses in at least Paragraph 0027 wherein the location of the telephone [i.e. relative position of the personal communications device] may be determined for use in assessing if the device is sufficiently proximate to the vehicle to perform remote start functionality [i.e. for starting the vehicle based on the relative position], however appears to be silent regarding reusing the position for the application of maneuvering the vehicle.
However Nakashima teaches in at least Paragraph 0098 wherein a position determination portion may determine if the mobile device exists in an activation area based on signal round trip time. At least Paragraph 0090 of Nakashima further teaches wherein the activation area is an area that allows the user to perform the remote operation of the vehicle by using the mobile device [i.e. reusing the relative position and/or the distance for maneuvering the vehicle]. At least Paragraphs 0111 & 0112 of Nakashima further teach wherein if the mobile device is determined to exist within the activation area, the permission mode is set to be the active mode, which causes the vehicle control execution portion to perform the vehicle control corresponding to a command signal transmitted from the mobile device.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present claimed invention to have modified the disclosure of Patel by incorporating the use of the relative position between mobile device and vehicle for maneuvering the vehicle using the personal communications device as taught by Nakashima.
The motivation to do so is that, as acknowledged by Nakashima in at least Paragraphs 0148 & 0149, the security and safety of the vehicle operation may be improved when the position of the mobile device is determined, and specifically determined to exist in an allowed activation area nearby the vehicle.
Regarding Claim 19:
The method of claim 18, wherein determining the relative position and/or distance of the personal communications device comprises determining the relative position and/or distance of the personal communications device using ultra-wideband localization.
Patel does not appear to specifically disclose determining a relative position and/or distance of the personal communications device using ultra-wideband localization.
However Nakashima teaches in at least Paragraphs 0152 & 0155 wherein the vehicle system may include an ultrawideband (UWB) communication device capable of communicating with the mobile device [i.e. personal communications device]. At least Paragraph 0156 of Nakashima further teaches wherein the UWB communication may be utilized in order to detect a distance to the mobile device [i.e. ultra-wideband localization is used to determine the relative position and/or distance of the personal communications device].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present claimed invention to have modified the disclosure of Patel by incorporating the determination of relative position/distance of the mobile device with respect to the vehicle via ultra-wideband localization as taught by Nakashima.
The motivation to do so is that, as acknowledged by Nakashima in at least Paragraphs 0156 & 0162, the detailed position of the mobile device with respect to a vehicle may be calculated based on a communication between the vehicle and mobile device, improving the relative position determination of the mobile device with respect to the vehicle.
Regarding Claim 21:
The method of claim 14, wherein the application of the vehicle additional to the first operation is an operation other than accessing the vehicle and other than starting the vehicle.
Patel discloses in at least Paragraph 0023 wherein the executable program on the mobile smartphone is not limited to only lock/unlock and remote start capabilities, and may further control vehicle functions, including manipulating the lights, air conditioning/heating systems, horn, audio/visual systems, door movement, window movement, or any other electrical components that may be controlled by the automobile’s onboard computer [i.e. an application of the vehicle additional to the first operation other than accessing or starting the vehicle].
Regarding Claim 23:
The method of claim 21, wherein the method further comprises: determining a relative position and/or distance of the personal communications device with respect to the vehicle and for accessing and/or starting the vehicle based on the relative position and/or the distance, and reusing the relative position and/or the distance for the application.
Patel discloses in at least Paragraph 0027 wherein the location of the telephone [i.e. relative position of the personal communications device] may be determined for use in assessing if the device is sufficiently proximate to the vehicle to perform remote start functionality [i.e. for starting the vehicle based on the relative position], however appears to be silent regarding reusing the position for the application of maneuvering the vehicle.
However Nakashima teaches in at least Paragraph 0098 wherein a position determination portion may determine if the mobile device exists in an activation area based on signal round trip time. At least Paragraph 0090 of Nakashima further teaches wherein the activation area is an area that allows the user to perform the remote operation of the vehicle by using the mobile device [i.e. reusing the relative position and/or the distance for maneuvering the vehicle]. At least Paragraphs 0111 & 0112 of Nakashima further teach wherein if the mobile device is determined to exist within the activation area, the permission mode is set to be the active mode, which causes the vehicle control execution portion to perform the vehicle control corresponding to a command signal transmitted from the mobile device.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present claimed invention to have modified the disclosure of Patel by incorporating the use of the relative position between mobile device and vehicle for maneuvering the vehicle using the personal communications device as taught by Nakashima.
The motivation to do so is that, as acknowledged by Nakashima in at least Paragraphs 0148 & 0149, the security and safety of the vehicle operation may be improved when the position of the mobile device is determined, and specifically determined to exist in an allowed activation area nearby the vehicle.
Regarding Claim 24:
The method of claim 23, wherein determining the relative position and/or distance of the personal communications device comprises determining the relative position and/or distance of the personal communications device using ultra-wideband localization.
Patel does not appear to specifically disclose determining a relative position and/or distance of the personal communications device using ultra-wideband localization.
However Nakashima teaches in at least Paragraphs 0152 & 0155 wherein the vehicle system may include an ultrawideband (UWB) communication device capable of communicating with the mobile device [i.e. personal communications device]. At least Paragraph 0156 of Nakashima further teaches wherein the UWB communication may be utilized in order to detect a distance to the mobile device [i.e. ultra-wideband localization is used to determine the relative position and/or distance of the personal communications device].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present claimed invention to have modified the disclosure of Patel by incorporating the determination of relative position/distance of the mobile device with respect to the vehicle via ultra-wideband localization as taught by Nakashima.
The motivation to do so is that, as acknowledged by Nakashima in at least Paragraphs 0156 & 0162, the detailed position of the mobile device with respect to a vehicle may be calculated based on a communication between the vehicle and mobile device, improving the relative position determination of the mobile device with respect to the vehicle.
Regarding Claim 25:
Patel discloses: A method for a personal communications device and for communicating with a vehicle, the method comprising: (Patel discloses in at least Paragraph 0015 a method for a mobile telephone [i.e. personal communications device] to interact with a remote keyless system of an automobile through communication over radio frequencies, which further controls the onboard computer of the automobile using the remote keyless system)
establishing a secured communication link between the vehicle and the personal communications device for (Patel discloses in at least Paragraph 0020 wherein a mobile telephone [i.e. personal communications device] may communicate with a remote keyless system of a vehicle through radio frequency bands in order to transmit commands, which may be authenticated [i.e. secured] by encryption or other authentication means. At least Paragraph 0021 of Patel further discloses wherein the communication and authentication may take place as a two-way authentication and identification [i.e. as a secured communication link], which may be implemented as a Bluetooth protocol as disclosed in at least Paragraph 0022 of Patel)
a first operation of accessing and/or starting the vehicle; and (Patel discloses in at least Paragraph 0027 wherein the mobile telephone [i.e. personal communications device] is loaded with an executable program that allows the telephone to act as a passive ignition key, in order to remotely start the vehicle [i.e. a first operation of starting the vehicle]. At least Paragraph 0029 of Patel further discloses wherein the executable program may include functions of remotely starting the vehicle engine, as described above, and additionally functionalities to lock/unlock a vehicle’s doors [i.e. a first operation of accessing the vehicle]. This may be implemented by an exemplary interface disclosed in at least Paragraph 0024 of Patel, as depicted in Figure 2, above. At least Paragraph 0020 of Patel discloses wherein when an authenticated command is sent from the telephone to the remote keyless system, which may take place utilizing a Bluetooth link as disclosed in at least Paragraphs 0022 & 0023 of Patel, [i.e. an operation command is sent via the communication link] and the command is authenticated by the remote keyless system, which subsequently executes the command if the command is deemed to be authentic)
reusing the secured communication link for an application of the vehicle additional to the first operation; and (Patel discloses in at least Paragraph 0023 wherein the executable program on the mobile smartphone is not limited to only lock/unlock and remote start capabilities, and may further control vehicle functions, including manipulating the lights, air conditioning/heating systems, horn, audio/visual systems, door movement, window movement, or any other electrical components that may be controlled by the automobile’s onboard computer [i.e. an application of the vehicle additional to the first operation]. At least Paragraph 0024 and Figure 2 of Patel, above, depicts an embodiment in which a toggle switch on the mobile interface is used to control the aforementioned functions of the automobile, including specifically manipulating the internal vehicle temperature by controlling the air conditioning and heating system settings. As at least Paragraphs 0021 – 0023 of Patel disclose wherein the remote keyless system and mobile telephone communicate over a two-way Bluetooth connection that controls the plurality of functions, including the remote start and climate controls [or other vehicle system control], the secured communication link is re-used for the second function)
Patel however appears to be silent regarding:
wherein reusing the secured communication link comprises reusing the secured communication link for maneuvering the vehicle using the personal communications device.
However Nakashima teaches wherein a vehicle may be remotely operated by a mobile device through the use of a Bluetooth connection, including the starting and maneuvering of said vehicle.
wherein reusing the secured communication link comprises reusing the secured communication link for maneuvering the vehicle using the personal communications device. (However Nakashima teaches in at least Paragraph 0064 wherein a remote operation ECU of the vehicle may control acceleration, deceleration, or steering of the subject vehicle based on a user’s remote operations using the mobile device [i.e. maneuvering the vehicle using the personal communications device]. This may take place in addition to operations such as locking/unlocking vehicle doors and starting an engine of the vehicle as taught in at least Paragraph 0033 based on an authenticated mobile device communication, which may be implemented via a Bluetooth communication link as taught in at least Paragraphs 0029, 0044, 0054, & 0056, the latter two specifically reciting the performance of motion control occurring over the Bluetooth signal connection [i.e. reusing the secured communication link to maneuver the vehicle]. At least Figure 7 of Nakashima, below, depicts one such embodiment of a user’s remote operation, wherein a user may operate buttons on the display to cause forward or backward movement of the vehicle, which as noted above with respect to Paragraphs 0054 & 0056 of Nakashima, cause the communication of instructions to the vehicle control system via the Bluetooth link)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present claimed invention to have modified the disclosure of Patel by incorporating the maneuvering of the vehicle through a mobile device linked via Bluetooth to said vehicle over said Bluetooth connection as taught by Nakashima.
The motivation to do so is that, as acknowledged by Nakashima in at least Paragraphs 0022, 0049, 0055, & 0064, a vehicle may be enabled to remotely be parked or otherwise have its motion controlled based on inputs to a mobile device, improving the remote-control operation of the vehicle by enhancing the user’s control over the vehicle system when not physically present inside the vehicle.
Regarding Claim 27:
An apparatus for a vehicle, the apparatus comprising: one or more interfaces for communicating with a personal communications device; and a data processing circuit configured to carry out the method of claim 14.
Patel discloses in at least Paragraph 0015 an apparatus for a mobile telephone to interact with a remote keyless system, including as disclosed in at least Paragraph 0027 a Bluetooth device for communicating with the mobile smartphone [i.e. one or more interfaces for communicating with a personal communications device]. At least Paragraphs 0023 & 0025 of Patel further disclose wherein the automobile further includes an onboard computer for controlling vehicle functionalities [i.e. a data processing circuit configured to carry out one the method of claim 14].
Regarding Claim 28:
A vehicle comprising the apparatus of claim 27.
Patel discloses in at least Paragraph 0027 wherein the remote keyless system [i.e. the apparatus] is implemented as part of a vehicle [i.e. a vehicle comprising the apparatus of claim 27].
Regarding Claim 29:
A personal communications device comprising: one or more interfaces for communicating with a vehicle; and a data processing circuit configured to carry out the method of claim 25.
Patel discloses in at least Paragraph 0008 wherein the executable program uses the mobile telephone radio frequency transceivers to interact with the remote keyless system of the vehicle [i.e. one or more interfaces for communicating with a vehicle]. Patel further discloses in at least Paragraph 0017 wherein the application is installed on and implemented by a smartphone, which is also disclosed in at least Paragraph 0017 to have advanced functionality similar to a personal computer [i.e. a data processing circuit configured to carry out the method of claim 25].
Regarding Claim 30:
The personal communications device of claim 29, wherein the personal communications device is a mobile device or a wearable device.
Patel discloses in at least Paragraph 0023 wherein the executable program that enables control of the vehicle is loaded on a mobile smartphone [i.e. a mobile device].
Regarding Claim 31:
A non-transitory data storage medium storing program code for performing the method according to claim 14, when the program code is executed on a computer, a processor, or a programmable hardware component.
Patel discloses in at least Paragraph 0017 wherein the application is an executable program [i.e. computer program code] installed on and implemented by a smartphone, which is also disclosed in at least Paragraph 0017 to have advanced functionality similar to a personal computer [i.e. the computer program is executed on a computer or programmable hardware component]. Patel however appears to be silent regarding wherein the computing device comprises a non-transitory computer readable medium.
However Nakashima teaches in at least Paragraphs 0039, 0063, & 0066 wherein the application program may function on a controller including non-transitory storage media storing program instructions to execute the remote operation control which is executed via a connected CPU [i.e. non-transitory data storage medium storing program code to be executed by a processor].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present claimed invention to have modified the disclosure of Patel by incorporating the use of a writable non-volatile memory storing applications as taught by Nakashima.
The motivation to do so is that, as acknowledged by Nakashima in at least Paragraphs 0039, 0063, & 0066, and as would have been obvious to one of ordinary skill in the art before the effective filing date of the present claimed invention, the use of non-volatile memory enables the storage of applications on a physical smartphone device and vehicle controller, improving the execution of the program application.
Regarding Claim 32:
A non-transitory computer readable medium storing program code for performing the method according to claim 25, when the program code is executed on a computer, a processor, or a programmable hardware component.
Patel discloses in at least Paragraph 0017 wherein the application is an executable program [i.e. computer program code] installed on and implemented by a smartphone, which is also disclosed in at least Paragraph 0017 to have advanced functionality similar to a personal computer [i.e. the computer program is executed on a computer or programmable hardware component]. Patel however appears to be silent regarding wherein the computing device comprises a non-transitory computer readable medium.
However Nakashima teaches in at least Paragraphs 0039, 0063, & 0066 wherein the application program may function on a controller including non-transitory storage media storing program instructions to execute the remote operation control which is executed via a connected CPU [i.e. non-transitory data storage medium storing program code to be executed by a processor].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present claimed invention to have modified the disclosure of Patel by incorporating the use of a writable non-volatile memory storing applications as taught by Nakashima.
The motivation to do so is that, as acknowledged by Nakashima in at least Paragraphs 0039, 0063, & 0066, and as would have been obvious to one of ordinary skill in the art before the effective filing date of the present claimed invention, the use of non-volatile memory enables the storage of applications on a physical smartphone device and vehicle controller, improving the execution of the program application.
Conclusion
The following prior art made of record but not relied upon is considered pertinent to the Applicant’s disclosure:
Ichinose (US 2020/0090437 A1): Ichinose recites a system for operating a vehicle using a remote key fob, the key including a means for starting the engine of a vehicle, as well as remotely performing vehicle maneuvers from the exterior of the vehicle, such as causing the vehicle to enter or leave a parking space.
Musial (US 2017/0111487 A1): Musial recites a secure key device for entry to a vehicle, including the communication of a key token serving as an authentication device with a program of a mobile device. The authentication may be utilized for a plurality of purposes, including the control of a vehicle from the outside.
Van (US 2020/0307555 A1): Van recites a vehicle key fob used for vehicle remote park assist. Signals may be transmitted between the vehicle and key fob using an ultra-wideband signal, which may also be used to estimate the distance of the key fob from the vehicle by analysis of the time of flight of a signal.
Jecker (US 9,789,904 B2): Jecker recites a portable communication device configured to facilitate control of a vehicle wirelessly from the device. The portable communication device may include embodiments such as a smartphone, whose distance from the vehicle may be determined in order to facilitate control operations of the vehicle. Control commands may be input to the portable communication device, which may be transmitted to the vehicle control device, on the basis of which control is initiated.
Yadav (US 11,648,976 B2): Yadav recites a remote-control system for controlling the movement of a vehicle and trailer. Said movement may include braking, steering, and acceleration, with the ignition system for the vehicle also being controllable by the remote control. Control signals may be generated at the mobile device based on tilt and the like of the mobile device measured by mobile device sensors.
Jeong (US 10,358,115 B2): Jeong recites a vehicle security system, including a mobile communication terminal registered with the vehicle. Based on the distance between the mobile terminal and vehicle, a remote movement notification may be transmitted to the vehicle.
Oshima (US 2018/0144566 A1): Oshima recites a vehicle remote control system including a user mobile device connected to a vehicle through radio frequencies, such as UHF and Bluetooth. The devices may be authenticated to one another, and command signals may be transmitted to the vehicle from the mobile device, such as instructions to engage/stop autonomous driving.
Carlesimo (US 2017/0326944 A1): Carlesimo recites a system for controlling vehicle functions through the use of a mobile communications device, including the display of controls on a mobile device and the receipt of instructions at the vehicle responsive to input at the mobile device. A Bluetooth connection may be used to facilitate communication between the vehicle and mobile device.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER RYAN CARDIMINO whose telephone number is (571)272-2759. The examiner can normally be reached M-Th 8:30-5:00.
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, Ramya Burgess can be reached on (571)272-6011. 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.
/CHRISTOPHER R CARDIMINO/Examiner, Art Unit 3661
/RAMYA P BURGESS/Supervisory Patent Examiner, Art Unit 3661
Prosecution Insights