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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 24 February, 2026 has been entered.
Response to Amendment
Applicant’s amendment filed 24 February, 2026 is acknowledged and has been entered.
Response to Arguments
Applicant’s remarks filed 24 February, 2026 has been fully considered but are moot in view of a new ground of rejection.
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) 1-6, 8-9, and 12-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jang et al. (US 2015/0019046 A1 “JANG”), in view of Godet et al. (WO 2022/162071 A1 “GODET”).
Examiner’s note: For purpose of citations, the Examiner will use US 2024/0034274 A1 as English translation for WO 2022/162071 A1 “GODET”.
Regarding claim 1, JANG discloses (Examiner’s note: What JANG fails to clearly disclose is ) a method of detecting a target, the method comprising:
performing, by a first detection unit, at least one the ultrasonic sensor 110 is positioned in a rear face of a vehicle to sense a user's motion [0033])
generating, by the first detection unit, a first detection output based on a result of the at least one the ultrasonic sensor 110 is positioned in a rear face of a vehicle to sense a user's motion [0033])
in response to generating the first detection output, performing, by a second detection unit, at least one the smart key module (SKM) 210 identifies a FOB key 220 in a wireless manner and authenticates whether or not the FOB key 220 has a smart key matching a corresponding vehicle [0037]); (as a valid input signal is transmitted from the ultrasonic sensor 110, the controller 140 requests authentication to the SKM 210 [0038])
generating, by the second detection unit, a second detection output based on a result of the at least one the smart key module (SKM) 210 identifies a FOB key 220 in a wireless manner and authenticates whether or not the FOB key 220 has a smart key matching a corresponding vehicle [0037])
and accepting or rejecting, by a processing unit, the first detection output based on the second detection output (the controller 140 that receives an authentication response controls the motor 150 to open or close the power trunk or the power tailgate. In this case, the controller 140 does not open or close the power trunk or the power tailgate if the authentication response from the SKM 210 is unsuccessful even when there is a valid input from the ultrasonic sensor 110 or the infrared sensor 120 [0038])
In a same or similar field of endeavor, GODET relates to a method for activating a function of a motor vehicle by an activation device, using a portable access device carried by a user. Specifically, GODET teaches that the activation device D further comprises means M5 for determining a distance d between the user U and the vehicle V. In what is called the “reflective” phase of presence detection in ultra-wideband (UWB), the distance d is calculated [0061]. The activation device D switches from the reflective UWB mode to a two-way communication UWB mode. The reflective UWB mode in which the mode of operation resembles that of radar [0078]. The detection of the user's presence in a predetermined area comprises detection of a reflected radiation profile corresponding to a predetermined movement of a limb of the user [0028]. Furthermore, GODET teaches that in the phase of authentication using two-way communication, the activation device further comprises means M6 for calculating the distance d′ between the portable access device SD and the activation device d, based on the calculation of a flight time tv of messages exchanged by said two-way ultra-wideband (UWB) communication between the access device D and the activation device SD [0063]. Further still, GODET teaches that depending on the predetermined area ZD around the vehicle V, in which the user U carrying the authenticated access device SD is located, the activation of one or other function may be initiated. FIG. 1 shows only one predetermined area ZD, but evidently there may be a plurality of predetermined areas around the vehicle, each at a different distance from the vehicle and each initiating the activation of a particular function [0069-0070].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of JANG to include the teachings of GODET, because ultra-wideband (UWB) is a radio modulation technique based on the transmission of pulses with a very short duration. Thus, very high values of bandwidth are achieved, and doing so would reduce false detections and increase system robustness, as recognized by GODET. In addition, both of the prior art references, JANG and GODET, teach features that are directed to analogous art and they are directed to the same field of endeavor, that is, method and system for wireless control and authentication based on users’ gestures.
Regarding claim 2, JANG/ GODET discloses the method of claim 1, wherein the first detection unit and the second detection unit are implemented by the same device (the activation device D switches from the reflective UWB mode to a two-way communication UWB mode [GODET 0078], cited and incorporated in the rejection of claim 1).
Regarding claim 3, JANG/ GODET discloses the method of claim 1, wherein performing the at least one UWB radar operation comprises transmitting one or more radar signals to a monitored area and receiving reflections of the one or more radar signals (the activation device D further comprises means M5 for determining a distance d between the user U and the vehicle V. In what is called the “reflective” phase of presence detection in ultra-wideband (UWB), the distance d is calculated [GODET 0061]. The activation device D switches from the reflective UWB mode to a two-way communication UWB mode. The reflective UWB mode in which the mode of operation resembles that of radar [GODET 0078], cited and incorporated in the rejection of claim 1).
Regarding claim 4, JANG/ GODET discloses the method of claim 3, wherein the first detection output is generated based on a result of analyzing the reflections of the radar signals (sense a user's motion [JANG 0033], cited and incorporated in the rejection of claim 1); (the detection of the user's presence in a predetermined area comprises detection of a reflected radiation profile corresponding to a predetermined movement of a limb of the user [GODET 0028], cited and incorporated in the rejection of claim 1).
Regarding claim 5, JANG/ GODET discloses the method of claim 1, wherein performing the at least one UWB ranging operation comprises determining distances between the second detection unit and an external UWB-enabled communication device (in the phase of authentication using two-way communication, the activation device further comprises means M6 for calculating the distance d′ between the portable access device SD and the activation device d, based on the calculation of a flight time tv of messages exchanged by said two-way ultra-wideband (UWB) communication between the access device D and the activation device SD [GODET 0063], cited and incorporated in the rejection of claim 1).
Regarding claim 6, JANG/ GODET discloses the method of claim 5, wherein determining said distances comprises collecting ranging data for a predefined amount of time and deriving the distances from said ranging data (in the phase of authentication using two-way communication, the activation device further comprises means M6 for calculating the distance d′ between the portable access device SD and the activation device d, based on the calculation of a flight time tv of messages exchanged by said two-way ultra-wideband (UWB) communication between the access device D and the activation device SD [GODET 0063], cited and incorporated in the rejection of claim 1).
Regarding claim 8, JANG/ GODET discloses the method of claim 5, wherein the second detection output is generated based on the determined distances between the second detection unit and the external UWB-enabled communication device (depending on the predetermined area ZD around the vehicle V, in which the user U carrying the authenticated access device SD is located, the activation of one or other function may be initiated. FIG. 1 shows only one predetermined area ZD, but evidently there may be a plurality of predetermined areas around the vehicle, each at a different distance from the vehicle and each initiating the activation of a particular function [GODET 0069-0070], cited and incorporated in the rejection of claim 1).
Regarding claim 9, JANG/ GODET discloses the method of claim 5, wherein performing the UWB ranging operation comprises performing a single-sided two-way ranging (SS-TWR) operation or a double-sided two-way ranging (DS-TWR) operation (two-way ultra-wideband (UWB) communication between the access device D and the activation device SD [GODET 0063], cited and incorporated in the rejection of claim 1).
Regarding claim 12, JANG discloses a computer program comprising executable instructions which, when executed by a first detection unit, a second detection unit and a processing unit (a sensing processing unit [0056]), carry out a method for detecting a target, the method comprising:
performing, by the first detection unit, at least one the ultrasonic sensor 110 is positioned in a rear face of a vehicle to sense a user's motion [0033])
generating, by the first detection unit, a first detection output based on a result of the at least one the ultrasonic sensor 110 is positioned in a rear face of a vehicle to sense a user's motion [0033])
in response to generating the first detection output, performing, by the second detection unit, at least one the smart key module (SKM) 210 identifies a FOB key 220 in a wireless manner and authenticates whether or not the FOB key 220 has a smart key matching a corresponding vehicle [0037]); (as a valid input signal is transmitted from the ultrasonic sensor 110, the controller 140 requests authentication to the SKM 210 [0038])
generating, by the second detection unit, a second detection output based on a result of the at least one the smart key module (SKM) 210 identifies a FOB key 220 in a wireless manner and authenticates whether or not the FOB key 220 has a smart key matching a corresponding vehicle [0037])
In a same or similar field of endeavor, GODET teaches that the activation device D further comprises means M5 for determining a distance d between the user U and the vehicle V. In what is called the “reflective” phase of presence detection in ultra-wideband (UWB), the distance d is calculated [0061]. The activation device D switches from the reflective UWB mode to a two-way communication UWB mode. The reflective UWB mode in which the mode of operation resembles that of radar [0078]. The detection of the user's presence in a predetermined area comprises detection of a reflected radiation profile corresponding to a predetermined movement of a limb of the user [0028]. Furthermore, GODET teaches that in the phase of authentication using two-way communication, the activation device further comprises means M6 for calculating the distance d′ between the portable access device SD and the activation device d, based on the calculation of a flight time tv of messages exchanged by said two-way ultra-wideband (UWB) communication between the access device D and the activation device SD [0063]. Further still, GODET teaches that depending on the predetermined area ZD around the vehicle V, in which the user U carrying the authenticated access device SD is located, the activation of one or other function may be initiated. FIG. 1 shows only one predetermined area ZD, but evidently there may be a plurality of predetermined areas around the vehicle, each at a different distance from the vehicle and each initiating the activation of a particular function [0069-0070].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of JANG to include the teachings of GODET, because ultra-wideband (UWB) is a radio modulation technique based on the transmission of pulses with a very short duration. Thus, very high values of bandwidth are achieved, and doing so would reduce false detections and increase system robustness, as recognized by GODET.
Regarding claim 13, JANG discloses a target detection system, comprising:
a first detection unit configured to perform at least one the ultrasonic sensor 110 is positioned in a rear face of a vehicle to sense a user's motion [0033])
a second detection unit configured to, in response to the first detection unit generating the first detection output, perform at least one the smart key module (SKM) 210 identifies a FOB key 220 in a wireless manner and authenticates whether or not the FOB key 220 has a smart key matching a corresponding vehicle [0037]); (as a valid input signal is transmitted from the ultrasonic sensor 110, the controller 140 requests authentication to the SKM 210 [0038])
In a same or similar field of endeavor, GODET teaches that the activation device D further comprises means M5 for determining a distance d between the user U and the vehicle V. In what is called the “reflective” phase of presence detection in ultra-wideband (UWB), the distance d is calculated [0061]. The activation device D switches from the reflective UWB mode to a two-way communication UWB mode. The reflective UWB mode in which the mode of operation resembles that of radar [0078]. The detection of the user's presence in a predetermined area comprises detection of a reflected radiation profile corresponding to a predetermined movement of a limb of the user [0028]. Furthermore, GODET teaches that in the phase of authentication using two-way communication, the activation device further comprises means M6 for calculating the distance d′ between the portable access device SD and the activation device d, based on the calculation of a flight time tv of messages exchanged by said two-way ultra-wideband (UWB) communication between the access device D and the activation device SD [0063]. Further still, GODET teaches that depending on the predetermined area ZD around the vehicle V, in which the user U carrying the authenticated access device SD is located, the activation of one or other function may be initiated. FIG. 1 shows only one predetermined area ZD, but evidently there may be a plurality of predetermined areas around the vehicle, each at a different distance from the vehicle and each initiating the activation of a particular function [0069-0070].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of JANG to include the teachings of GODET, because ultra-wideband (UWB) is a radio modulation technique based on the transmission of pulses with a very short duration. Thus, very high values of bandwidth are achieved, and doing so would reduce false detections and increase system robustness, as recognized by GODET.
Regarding claim 14, JANG/ GODET discloses the target detection system of claim 13, wherein the first detection unit and the second detection unit are implemented by the same device (the activation device D switches from the reflective UWB mode to a two-way communication UWB mode [GODET 0078], cited and incorporated in the rejection of claim 13).
Regarding claim 15, JANG/ GODET discloses the target detection system of claim 13, wherein the processing unit is integrated into the first detection unit or into the second detection unit (a sensor module having at least two sensors positioned in a rear side of a vehicle to sense an object approaching the vehicle within a predetermined distance and a sensing processing unit 315 for collecting any signal sensed from the sensors [JANG 0056]).
Regarding claim 16, JANG/ GODET discloses the target detection system of claim 13, wherein performing the at least one UWB radar operation comprises transmitting one or more radar signals to a monitored area and receiving reflections of the one or more radar signals (the activation device D further comprises means M5 for determining a distance d between the user U and the vehicle V. In what is called the “reflective” phase of presence detection in ultra-wideband (UWB), the distance d is calculated [GODET 0061]. The activation device D switches from the reflective UWB mode to a two-way communication UWB mode. The reflective UWB mode in which the mode of operation resembles that of radar [GODET 0078], cited and incorporated in the rejection of claim 13).
Regarding claim 17, JANG/ GODET discloses the target detection system of claim 16, wherein the first detection output is generated based on a result of analyzing the reflections of the radar signals (sense a user's motion [JANG 0033], cited and incorporated in the rejection of claim 13); (the detection of the user's presence in a predetermined area comprises detection of a reflected radiation profile corresponding to a predetermined movement of a limb of the user [GODET 0028], cited and incorporated in the rejection of claim 13).
Regarding claim 18, JANG/ GODET discloses the target detection system of claim 13, wherein performing the at least one UWB ranging operation comprises determining distances between the second detection unit and an external UWB-enabled communication device (in the phase of authentication using two-way communication, the activation device further comprises means M6 for calculating the distance d′ between the portable access device SD and the activation device d, based on the calculation of a flight time tv of messages exchanged by said two-way ultra-wideband (UWB) communication between the access device D and the activation device SD [GODET 0063], cited and incorporated in the rejection of claim 13).
Regarding claim 19, JANG/ GODET discloses the target detection system of claim 18, wherein determining the distances comprises collecting ranging data for a predefined amount of time and deriving the distances from the ranging data (in the phase of authentication using two-way communication, the activation device further comprises means M6 for calculating the distance d′ between the portable access device SD and the activation device d, based on the calculation of a flight time tv of messages exchanged by said two-way ultra-wideband (UWB) communication between the access device D and the activation device SD [GODET 0063], cited and incorporated in the rejection of claim 13).
Claim(s) 7, 10, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over JANG, in view of GODET, and further in view of Kuze (US 2011/0276246 A1 “KUZE”).
Regarding claim 7, JANG/ GODET discloses the method of claim 6,
In a same or similar field of endeavor, KUZE teaches that the vehicle-in-front determination control unit 231 continuously monitors a vehicle in front that has been detected ahead of the subject vehicle for the past 5 seconds on the basis of a radar signal from a millimeter wave radar 10 and determines whether the same vehicle in front has been continuously present ahead of the subject vehicle for the past 5 seconds [0065].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of JANG to include the teachings of KUZE, because doing so would improve road safety while operating a vehicle, as recognized by KUZE. In addition, both of the prior art references, JANG and KUZE, teach features that are directed to analogous art and they are directed to the same field of endeavor, that is, target detection and monitoring.
Regarding claim 10, JANG/ GODET discloses the method of claim 1,
In a same or similar field of endeavor, KUZE teaches that the vehicle-in-front determination control unit 231 continuously monitors a vehicle in front that has been detected ahead of the subject vehicle for the past 5 seconds on the basis of a radar signal from a millimeter wave radar 10 and determines whether the same vehicle in front has been continuously present ahead of the subject vehicle for the past 5 seconds [0065].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of PIRCH to include the teachings of KUZE, because doing so would improve road safety while operating a vehicle, as recognized by KUZE.
Regarding claim 20, JANG/ GODET discloses the target detection system of claim 19,
In a same or similar field of endeavor, KUZE teaches that the vehicle-in-front determination control unit 231 continuously monitors a vehicle in front that has been detected ahead of the subject vehicle for the past 5 seconds on the basis of a radar signal from a millimeter wave radar 10 and determines whether the same vehicle in front has been continuously present ahead of the subject vehicle for the past 5 seconds [0065].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of JANG to include the teachings of KUZE, because doing so would improve road safety while operating a vehicle, as recognized by KUZE.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over JANG, in view of GODET, and further in view of Rafrafi et al. (US 2019/0162010 A1 “RAFRAFI”).
Regarding claim 11, JANG/ GODET discloses the method of claim 1,
In a same or similar field of endeavor, RAFRAFI teaches that the method proceeds by 216 matching the plurality of extracted features of the sensor signal 64, 164 to a plurality of predetermined matching classes using the neural network of the artificial neural network module 186. The method also includes 218 classifying the plurality of extracted features of the sensor signal 64, 164 according to the matching of the plurality of extracted features of the sensor signal 64, 164 to the plurality of predetermined matching classes [0082]. The analysis of the sensor signal 164 to detect a plurality of extracted features and classifying the plurality of extracted features according to a plurality predetermined matching classes associated with the valid activation gesture by the plurality of analysis modules [0071].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of JANG to include the teachings of RAFRAFI, because doing so would improve system accuracy and reduce false signal, as recognized by RAFRAFI. In addition, both of the prior art references, JANG and RAFRAFI, teach features that are directed to analogous art and they are directed to the same field of endeavor, that is, target detection system in a detection zone.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Da Deppo et al. (US 2017/0200335 A1) discloses vehicular systems and related methods offer improved user control over activations of vehicular components. User intent to perform an action can be detected using one or more sensors. The user may be prompted by the vehicle to verify the intent by further user behavior. The intent may also be confirmed by requiring that a set of conditions be fulfilled before the action associated with the intent is performed. For example, a sensed gesture and specific position of a key fob may need to both be established before the vehicle performs the action associated with the intent. It is also contemplated that this system and the method of operation of this system could be used with existing sensor systems such as, for example, kick-type sensors in which the user places his or her foot in a particular position to instruct the opening of a rear hatch.
Katz et al. (US 2020/0103980 A1) discloses systems, methods and non-transitory computer-readable media for triggering actions based on touch-free gesture detection. A processor may be configured to receive image information from an image sensor, detect in the image information a gesture performed by a user, detect a location of the gesture in the image information, access information associated with at least one control boundary, the control boundary relating to a physical dimension of a device in a field of view of the user, or a physical dimension of a body of the user as perceived by the image sensor, and cause an action associated with the detected gesture, the detected gesture location, and a relationship between the detected gesture location and the control boundary.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HAILEY R LE whose telephone number is (571)272-4910. The examiner can normally be reached 9:00 AM - 5:00 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, WILLIAM J KELLEHER can be reached at (571) 272-7753. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Hailey R Le/Examiner, Art Unit 3648 March 7, 2026