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 .
Response to Amendment
Applicant’s amendment filed on 2/2/2026 has been entered. Claims 1, 10 are amended. Claims 1-2, 4-8, 10-11, 13, 15-16 are pending.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-2, 4-8, 10-11, 13, 15-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Preradovic (US 20200384951), and further in view of Zeng (US 2020/0309932), Jain (US 20200348406 A1) and Lammich (US 20210245731 A1).
Regarding claims 1, 10, Preradovic discloses a system and method comprising:
a module configured to detect a position of a user in an environment of a transportation vehicle, wherein the module includes a transceiver having an antenna to transmit and receive UWB and BLUETOOTH® signals (via vehicle transceiver 26 includes BLE transceiver 28 and LF/UWB transceiver 30 to determine user position in an area of a vehicle, Para. 30, 40, 45, 46); and
a control unit connected to the transceiver (vehicle processor 36, Para. 30), the control unit being configured to:
control receipt of a radio signal emitted via an external transceiver using the antenna, the radio signal authorizing the user to use the transportation vehicle (via authorized passive entry into vehicle based on key fob response, Para. 42, 3);
control activation of the transceiver to transmit signals to determine a position of the user (Para. 37), and authenticate the user by assigning the user to the received radio signal based on the determined position of the user being below a predetermined distance to the transportation vehicle (via door unlocked upon determination of position and authenticating user, Para. 20, 30, 40).
Preradovic fails to disclose more than one module each including a transceiver and antenna to transmit and receive signals, and the control unit to control activation of the transceivers of the modules to transmit UWB impulses and receipt of impulse responses using at least one of the antennas and/or to perform method operations based on channel impulse response measurements using the antennas; and the position determined is based on the received impulse responses and/or a result of channel impulse response (CIR) measurements using the antennas of the modules, wherein amplitude and phase data for received impulse responses sent in response to repetitive scanning are analyzed to determine the position and/or the movement gradient of the user in the environment or the passenger compartment of the transportation vehicle in a location-resolved and time-resolved manner.
Zeng teaches a vehicle system to determine position of a user relative to a vehicle including within the vehicle (Para. 25, 53), the system including more than one module each including a transceiver and antenna to transmit and receive signals, and a control unit to control activation of the transceivers to transmit UWB impulses and receipt of impulse responses using at least one of the antennas and/or to perform method operations based on channel impulse response measurements using the antennas; and the position determined is based on the received impulse responses and/or a result of channel impulse response (CIR) measurements using the antennas of the modules (based on information received from nodes 126-136 the UWB system 100 may detect a user is within the vicinity of vehicle 102 and subsequently unlock the doors of vehicle 102, see Abstract, Para. 3, 25, 29-34).
From the teachings of Zeng, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Preradovic to include the features cited above in order to improve accuracy of determining position/location of a user relative to a vehicle.
Preradovic and Zeng fail to disclose wherein amplitude and phase data for received impulse responses sent in response to repetitive scanning are analyzed to determine the position and/or the movement gradient of the user in the environment or the passenger compartment of the transportation vehicle in a location-resolved and time-resolved manner.
Jain teaches a system to determine position further including analyzing amplitude and phase data for received impulse responses sent in response to repetitive scanning are analyzed to determine the position and/or the movement gradient of the user in the environment or the passenger compartment of the transportation vehicle in a location-resolved and time-resolved manner (Para. 2-5, 25-45).
From the teachings of Jain, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Preradovic and Zeng in order to further improve accuracy of determining position/location of a user relative to a vehicle.
The combination of Preradovic, Zeng, Jain fails to disclose following authentication of the user, control subsequent operation to determine payment authorization for use of the transportation vehicle by the authenticated user, wherein at least one of the transceivers of the two modules further comprises an NFC antenna configured to transmit and receive NFC radio signals and to receive the radio signal as part of the payment authorization determination for the authenticated user for use of the transportation vehicle by the authenticated user; control activation of the two modules to transmit a request for a payment procedure using the antennas and/or at least one NFC antenna in response to the determined position of the authenticated user being below the predetermined distance to the transportation vehicle; control receipt of a confirmation signal to perform the payment procedure using the antennas and/or the at least one NFC antenna, and adaptation of the authorization status of the authenticated user based on the received confirmation signal.
Lammich teaches a vehicle system including authentication of payment information. The authentication can preferably be performed by radio according to the second radio standard, such as by means of NFC or UWB. During the authentication, a user can, for example, specify and/or transmit payment information by means of his mobile terminal. This can then be compared, for example, with payment information stored for the user in a database device. If the payment information is successfully verified, the transmitted payment information of the user can be authenticated and the motor vehicle function can be enabled and controlled (user status adapted to authorized), provided that the verified position of the mobile terminal is in the motor vehicle interior (Para. 44-46).
From the teachings of Lammich, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Preradovic, Zeng, Jain to include following authentication of the user, control subsequent operation to determine payment authorization for use of the transportation vehicle by the authenticated user, wherein at least one of the transceivers of the two modules further comprises an NFC antenna configured to transmit and receive NFC radio signals and to receive the radio signal as part of the payment authorization determination for the authenticated user for use of the transportation vehicle by the authenticated user; control activation of the two modules to transmit a request for a payment procedure using the antennas and/or at least one NFC antenna in response to the determined position of the authenticated user being below the predetermined distance to the transportation vehicle; control receipt of a confirmation signal to perform the payment procedure using the antennas and/or the at least one NFC antenna, and adaptation of the authorization status of the authenticated user based on the received confirmation signal in order to improve security by ensuring the correct user is allowed to operate a vehicle.
Regarding claim 2, 11, the combination of Preradovic, Zeng, Jain, Lammich teach wherein the control unit is further configured to control activation of the transceivers of the two modules to perform positioning based on delay measurements using the antennas to determine a position of the external transceiver (see Preradovic, Para. 38-40, 45); wherein the user is further authenticated by matching the determined position with the determined position of the external transceiver (via determining position of fob and user is near vehicle, see rejection of claim 1).
Regarding claim 4, 13, Preradovic discloses wherein the control unit is further configured to determine an authorization status of the authenticated user based on the received radio signal and a database stored in a memory (via authentication of user based on PEPS comparison of ID received from key fob 22 matched with ID stored in vehicle memory, Para. 30).
Regarding claims 5, 16, Zeng teaches wherein the modules are arranged so the activation of the transceivers to perform operations based on the CIR measurements and/or the transmission of the UWB impulses and reception of the impulse responses is/are carried out such that at least one access area to the transportation vehicle is scanned ((4) detecting human movement or activity near the vehicle; (5) detecting the occupancy when a driver passenger approaches (or leaves) the vehicle 102; and (6) detecting an intrusion in the vehicle 102, Para. 26).
Regarding claim 6, Zeng teaches wherein the two modules are arranged on a vehicle side of the transportation vehicle, which has an access area for getting in and out of the transportation vehicle (via nodes 130 and 122 near doors, Para. 25, Fig. 1).
Regarding claim 7, Zeng teaches the modules are arranged very close to the access area (modules 130, 122 close to doors, Fig. 1). Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the cited prior arts to include wherein at least one of the two modules is arranged at a maximum distance of 20 cm from the access area in order to provide good detection of activity in the access area.
Regarding claim 8, 15, Zeng teaches storing user profiles to operate the vehicle components to different configurations based on the authorized user’s profile (Para. 25).
From the teachings of Zeng, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the cited prior arts to include wherein the control unit is further configured to control opening at least one vehicle door and at least one vehicle window of the transportation vehicle based on the authorization status of the authenticated user in order to automatically adjust vehicle components based on a profile stored, thereby improve user convenience.
Response to Arguments
Applicant’s arguments with respect to the claims have been considered but are not persuasive.
Applicant argues in the last paragraph of page 8 that Jain’s limited teachings would not have motivated one of ordinary skill in the art to modify Preradovic/Zeng combination to analyze amplitude and phase data for received impulse responses sent in response to repetitive scanning to determine the position and/or the movement gradient of the user in the environment or the passenger compartment. The examiner respectfully disagrees. Jain clearly teaches that amplitude and phase data for received impulse responses can be analyzed to determine user activity within a vehicle which includes the movement of a user within the vehicle (Para. 2-5, 25-45; with emphasis on Para. 5). Based on the teachings of Jain, one of ordinary skill would be motivated to incorporate the teachings of Jain to improve accuracy of position determination by including analyzing of amplitude and phase data for the received impulse responses.
Applicant next argues on page 10 that Lammich only teaches authentication of payment information using NFC antenna operation. The examiner respectfully disagrees. Lammich teaches after payment is authenticated, the user is granted authorization to operate a vehicle including starting of a vehicle engine (the transmitted payment information of the user can be authenticated and the motor vehicle function can be enabled and controlled, provided that the verified position of the mobile terminal is in the motor vehicle interior. Preferably, control of the motor vehicle function may depend on the authentication of the payment information. A motor vehicle function may be, for example, switching on the drive engine, Para. 44, 45).
Applicant’s arguments regarding claims 3 and 12 have been considered but are moot as the examiner cited the teachings of Lammich to show it is known in the prior arts to use NFC to authorize a user (The authentication can preferably be performed by radio according to the second radio standard, such as by means of NFC or UWB, and upon authentication, authorization to use a vehicle function, Para. 44-45).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YONG HANG JIANG whose telephone number is (571)270-3024. The examiner can normally be reached Monday - Friday 9:30-6 EST.
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/YONG HANG JIANG/Primary Examiner, Art Unit 2689