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 .
Claim Status
Claim 11 has been cancelled. Claims 1-10 and 12-13 are currently pending.
Response to Arguments
Applicant’s argument that the amendment overcomes the rejection is not persuasive because ABIAKLE KAI (US 2021/0197762) continues to teach both (A) transmission of a significance signal from the vehicle to the portable electronic device and (B) that controlling vehicle function comprises at least one of the functions recited.
Specifically, Abiakle Kai teaches that the emergency stop system of the vehicle wirelessly transmits signals to a portable electronic device. For example, paragraph [0001] discloses “the vehicle providing the identity of the vehicle to the portable electronic device with the use of the first wireless communication unit.” Paragraph [0008] further discloses that the emergency stop system is “configured to wirelessly provide an identity of the vehicle.” Additionally, paragraph [0057] discloses that “the ID is transmitted as a radio signal directly from emergency stop system 2 to the device 5,” and that broadcast of the ID is repeatedly performed. Paragraph [0063] likewise discloses that “the vehicle 1 provides the identity of the vehicle to the portable electronic device 5 with the use of the wireless communication unit 9.” Thus, Abiakle Kai expressly teaches transmission of wireless signals from the vehicle to the user device.
Abiakle Kai also teaches stopping the vehicle motor and/or propulsion operation. Paragraph [0034] expressly discloses that the stop activator may override driver controls “by stopping fuel injection, activating a brake or stop electric power to the motor in the case of an electric car.” Paragraphs [0035]-[0036] further disclose slowing or completely stopping the vehicle. Therefore, Abiakle Kai continues to teach stopping operation of the vehicle propulsion system, including stopping electric power to the motor.
Accordingly, the amendment does not distinguish the presently claimed subject matter from the teachings relied upon in the rejection, and the rejection is therefore maintained.
Claim Rejections - 35 USC § 103
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) 1-7 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over ABIAKLE KAI (US 2021/0197762) in view of NOLSCHER (US 2020/0029209).
Regarding claims 1 and 10,
ABIAKLE KAI teaches a portable electronic device (5) for controlling a vehicle function via a first communication connection between a first vehicle and a device, comprising:
a processor (25 in fig. 5); and
a memory (26 in fig. 5) in communication with the processor and configured to store instructions executable by the processor to configure the portable electronic device to:
operate a multiplicity of different communication connections ([0052] teaches numerous connections between device 5 and vehicle system 2) to a corresponding multiplicity of different vehicles (see list 12 in fig. 8, [0066] teaches that the wireless communication unit 24 of the portable electronic device transmits a signal that is received by a plurality of vehicles 1 but only the vehicle 1 with the corresponding ID reacts to the signal); and
receive a significance message from the vehicle via the first communication connection ([0049] teaches that the emergency stop system 2 provides the identity of the vehicle 1 to the portable electronic device 5 carried by user 4. The portable electronic device 5 receives the identity of the vehicle 1 and displays the visible features of the vehicle 1 on the display 10. This enables the user 4, who has observed a vehicle 1 that behaves in a dangerous way, to select the vehicle 1 on the display 10 with the corresponding visible features; [0057] teaches that “the ID is transmitted as a radio signal directly from emergency stop system 2 to the device 5,”), wherein
the significance message indicates a significance value for a significance of the first communication connection ([0066] teaches that the message contains a vehicle ID, said ID corresponding to a “significance value”);
and wherein the vehicle function controlled via he first communication connection comprises at least one of:
opening and/or closing a vehicle door;
starting and/or stopping a drive motor of the vehicle ([0034] teaches stopping power to the motor; [0066] teaches causing the vehicle to stop or slow down); or
automated and/or remotely controlled parking of the vehicle.
ABIAKLE KAI fails to further teach that the memory further comprises instructions to configure the portable electronic device to: cause the first communication connection between the device and the first vehicle to be established considering a digital key.
NOLSCHER teaches a system and method for managing wireless communications with a vehicle, comprising instructions to configure a portable electronic device to: cause the first communication connection between the device and the first vehicle to be established considering a digital key ([0047] teaches that the system is useful in peer-to-peer communications with the vehicle and teaches a “processing logic further maintains and has access to a shared network encryption key. In embodiments, as discussed herein, the shared network encryption key is a network-wide key that is securely distributed to vehicles and network nodes by a manufacturer of the vehicle, a party that established the peer-to-peer network, or some other trusted party.” And further teaches that the vehicle may communicate with a mobile device – [0016] teaches, “the network node(s) 160 may be stationary and/or mobile devices…”. NOLSCHER effectively teaches a system which configures a portable electronic device, acting as a "mobile device" or node, to establish a communication connection using a digital key (paragraph 0016). The device's "processing logic" uses its "access to a shared network encryption key" to securely authenticate with the vehicle (paragraph 0047). The shared key serves as the digital credential needed to initiate a trusted, peer-to-peer connection.)
Before the effective filing date of the invention, it would have been obvious to modify the ABIAKLE KAI system per the teachings of NOLSCHER and configure a portable electronic device to: cause the first communication connection between the device and the first vehicle to be established considering a digital key, for the purpose of establishing a temporary, trusted peer-to-peer (P2P) connection because doing so will provide a secure, safe and reliable connection in the critical situations disclosed by ABIAKLE KAI. A trusted peer-to-peer (P2P) connection would prevent malicious actors from taking advantage of a vehicle in an emergency situation. A trusted connection will ensure that only an authenticated, valid command (in this case, the command to stop the engine) is accepted by the vehicle's systems. Without the establishment of a trusted communication, any nearby device could potentially send a stop command, leading to chaos or dangerous situations.
Regarding claim 2,
ABIAKLE KAI teaches that the significance message is configured to prompt the device to define a connection parameter (see, speed over a predetermined threshold or erratic steering per [0070]) that is dependent on the significance value (for a specific value per [0070]) for the first communication connection ([0070] teaches that the ability to generate a stop/slow signal is prompted within the device as a function of the parameter (seep/steering) of a significance value (vehicle ID)).
Regarding claim 3,
ABIAKLE KAI teaches that the significance message indicates a priority level from a predefined set of different priority levels; and/or the significance value for the significance of the first communication connection indicates a priority of the first communication connection in comparison with one or more other communication connections ([0085] teaches that the stopping signal shall have priority over other network traffic signals).
Regarding claim 4,
ABIAKLE KAI teaches that the memory further comprises instructions to configure the portable electronic device to: determine the significance value for the significance of the first communication connection between the device and the first vehicle based on the vehicle function that is intended to be remotely controlled or is remotely controlled via the first communication connection ([0070] teaches displaying the vehicle in the display 10 (i.e., the “significance value” corresponds to the vehicle ID of the displayed vehicle within the display 10) only if the vehicle behaves in a predetermined manner (i.e., “…based on vehicle function intended to be remotely…”) .
Regarding claim 5,
ABIAKLE KAI teaches that the memory further comprises instructions to configure the portable electronic device to: determine the significance value for the significance of the first communication connection between the device and the first vehicle using a significance catalog, wherein the significance catalog indicates a respective corresponding significance value for different vehicle functions.
Regarding claim 6,
ABIAKLE KAI teaches that the memory further comprises instructions to configure the portable electronic device to: receive a control command for remotely controlling the vehicle function of the first vehicle via the first communication connection ([0008] teaches a communication unit able to cause the vehicle to stop or slow, said stopping or slowing action corresponding to “remotely controlling the vehicle function of the first vehicle”).
Regarding claim 7,
ABIAKLE KAI teaches that the first communication connection includes a Bluetooth Low Energy (BLE) communication connection; and the connection parameter comprises a temporal length of connection intervals of the BLE communication connection ([0005] teaches that signals are transmitted within a predetermined time window; [0052] teaches at least Bluetooth protocol).
Claim(s) 8, 9 and 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over ABIAKLE KAI (US 2021/0197762 in view of NOLSCHER (US 2020/0029209) and further in view of BRUCKNER (US 2022/0153231).
Regarding claims 8, 9, 12 and 13,
ABIAKLE KAI modified by NOLSCHER teaches the portable electronic device according to claims 1 and 10 but fails to expressly teach causing the first communication connection between the device and the first vehicle to be established considering a digital key, wherein the digital key configured according to a Car Connectivity Consortium (CCC) standard Release 3; and wherein the significance message is a message according to the CCC standard; and/or the significance message is sent on a same protocol layer as the digital key.
BRUCKNER teaches causing the first communication connection between the device and the first vehicle to be established considering a digital key, wherein the digital key configured according to a Car Connectivity Consortium (CCC) standard Release 3; and wherein the significance message is a message according to the CCC standard; and/or the significance message is sent on a same protocol layer as the digital key ([0012] teaches that the Car Connectivity Consortium, CCC, is known in the art as “an industry-wide organization that promotes technical solutions for transportation vehicle connectivity globally” and further teaches the ‘Digital key Release 3’ as a system for passive and active transportation vehicle access, whereby the smartphones can be used as vehicle keys. )
Before the effective filing date of the invention, it would have been obvious to further modify ABIAKLE KAI per the teachings of BRUCKNER and use the Car Connectivity Consortium (CCC) Digital Key standard for transmitting the digital key in the system because the CCC standard is specifically designed to provide a secure, interoperable, and globally adopted framework for sharing digital keys while allowing the owner to manage access rights and limitations (e.g., speed limits or geographic restrictions) from their own device.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DIONNE PENDLETON whose telephone number is (571)272-7497. The examiner can normally be reached M-F 9a-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Davetta Goins can be reached at 571-272-2957. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DIONNE PENDLETON/ Primary Examiner, Art Unit 2689
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