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 .
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.
Status of Claims
The following is an office action in response to the communication filed on 11/05/2025.
Claims 1 is amended.
Claim 5 is cancelled.
Claims 1-4 and 7-12 are currently pending.
Claims 1-4 and 7-12 have been examined.
Priority
Applicant' s claim for the benefit of prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, or 365(c) is acknowledged.
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.
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.
Claims 1-4 and 7-12 are rejected under 35 U.S.C. 103 as being unpatentable over Hassani et al. (US 10600270 B2; hereinafter Hassani) in view of Hyung et al. (KR 20210084721 A; hereinafter Hyung) and further in view of Car and Driver (Car and Driver. (2018, December 14). Detailed Look at the 2019 BMW X5 in Photos. Car and Driver.; hereinafter BMW).
Regarding claim 1, Hassani discloses the subject matter indicated in bold below:
Road vehicle (1) comprising (see Hassani at least Figure 1- Road vehicle shown):
four wheels (2), of which at least one pair of wheels (2) is driven (see Hassani at least Figure 1- Road vehicle shown has 2 wheels on each side; 4-wheeled road vehicles are driven by two-wheel drive, four-wheel drive, or all-wheel drive configurations);
a passenger compartment (3) (see Hassani at least pg. 6, col. 2, lines 37-63 "When the user is in the driver's seat . . ."; Figure 1- passenger compartment shown);
a powertrain system (5) (see Hassani at least pg. 7, col. 3/4, lines 64-67/1-12 "The vehicle 100 includes parts related to mobility, such as a powertrain with an engine, a transmission, a suspension, a driveshaft, and/or wheels, etc.");
an ignition system (6) of the powertrain system (5) comprising a luminous device (7) integral to the passenger compartment (3) of the road vehicle (1) and comprising a biometric detector (8) configured to enable the system (6) to identify, by means of biometric readings, a driver entitled to drive the vehicle (1) to switch from an off configuration to an on configuration of the road vehicle (1) and vice versa (see Hassani at least pg. 6, col. 2, lines 37-63 "A vehicle includes . . . a touch screen on the interior of the vehicle [(i.e., luminous device)] . . . When the user is in the driver's seat, the user provides the biometric token (e.g., via a finger print scanner or an iris scanner, etc.). When the biometric token is associated with an authorized user, the vehicle enables the ignition switch."; pg. 7, col. 4, lines 35-53 "The powertrain control unit 104 includes hardware and firmware to control the ignition, fuel injection, emission systems, transmission and/or the brake system of the vehicle 100 . . . The powertrain control unit 104 also enables and disables a keyless ignition switch that a driver useless to start the engine of the vehicle without a key.");
the ignition system (6) comprising a detection system (10), configured to detect the presence or absence of a key inside the passenger compartment (3), and a control unit (11), which is connected to the detection system (10) and the powertrain system (5) and is configured to enable power to the powertrain system (5) only when the biometric detector (8) detects a driver entitled to drive the road vehicle (1) (see Hassani at least pg. 6, col. 2, lines 37-63 "A vehicle includes . . . a touch screen on the interior of the vehicle [(i.e., luminous device)] . . . When the user is in the driver's seat, the user provides the biometric token (e.g., via a finger print scanner or an iris scanner, etc.). When the biometric token is associated with an authorized user, the vehicle enables the ignition switch."; pg. 8, col. 5/6, lines 66-67/1-30 ". . . the ignition authenticator 116 enables enabling the ignition button with a biometric token when . . . (b) an authorized key fob and/or mobile device is inside the vehicle 100."; pg. 8, col. 6, lines 31-45 "When the biometric token is not authorized and enabling the ignition button with a biometric token is disabled, the ignition authenticator 116 does not enable the ignition switch."; Figure 2- control module 110 contains the ignition control system 116 and is connected to the powertrain system via powertrain control unit 104 and the detection systems 106a, 106b, 106c, 106d, and 108), . . .
While Hassani discloses a biometric scanner/luminous device integrated into the ignition switch (see Hassani at least pg. 7/8,col. 4/5, lines 54-67/1-25 "In some examples, the fingerprint scanner 106a is positioned on the ignition switch."), it does not appear to explicitly disclose the luminous device comprising a locking system, which is configured to selectively disable the biometric detector in case the speed of the road vehicle is greater than zero and/or a gear is engaged.
Hyung teaches the subject matter underlined below:
. . . the ignition . . . comprises a locking system (14), which is configured to selectively disable the switch in case the speed of the road vehicle is greater than zero and/or a gear is engaged (see Hyung at least [0088] "The lock mechanism 234 may serve to adjust the position of the knob 230 only when a shift condition is satisfied in a specific shift stage. . . Also, the lock mechanism 234 may block some movement of the knob 230 in the autonomous driving mode.").
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to have modified the biometric scanner/luminous device integrated into the ignition switch of Hassani with the ignition locking in response to the vehicle being in gear or actively driving as taught by Hyung to have the luminous device comprise a locking system, which is configured to selectively disable the biometric detector in case the speed of the road vehicle is greater than zero and/or a gear is engaged. Doing so would ensure that new inputs do not disrupt active driving operations.
While Hassani and Hyung disclose a biometric scanner/luminous device integrated into the ignition switch and located in the interior of the vehicle (pg. 7, col. 4, lines 45-53 ". . . the keyless ignition switch may be a button or switch located on the dashboard proximate the steering wheel."; pg. 7/8,col. 4/5, lines 54-67/1-25 "In some examples, the fingerprint scanner 106a is positioned on the ignition switch."), they do not appear to explicitly disclose comprising a central tunnel (12) arranged along an axis (A) of longitudinal symmetry of the passenger compartment (3) with a movable part (9) facing upwards.
BMW teaches the subject matter double underlined below:
. . . is arranged at a central tunnel (12) arranged along an axis (A) of longitudinal symmetry of the passenger compartment (3) with a movable part (9) facing upwards (see BMW at least pg. 12, photograph 1- ignition switch with movable (up/down) button located in center console (i.e., central tunnel) and facing upward) . . .
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to have modified the biometric scanner integrated into the ignition switch and located in the interior of the vehicle of Hassani and Hyung with the upward-facing center console ignition switch as taught by BMW to have a central tunnel, arranged along an axis of longitudinal symmetry of the passenger compartment; wherein the luminous device is arranged at the central tunnel, in particular with the movable part facing upwards. Doing so would provide a convenient and accessible location for an integrated biometric scanner and ignition switch.
Regarding claim 2, Hassani, Hyung, and BMW disclose the subject matter of claim 1 as recited in the claim and applied above. Additionally, Hassani discloses the subject matter indicated in bold below:
. . . the luminous device (7) comprising a display device (27) configured to, at least partially, selectively assume a first colour or a second colour (see Hassani at least pg. 7/8, col. 4/5, lines 54-67/1-35 "In some examples, the fingerprint scanner 106a includes a display that displays an image of a fingerprint that changes color depending on the status of the corresponding biometric token (e.g., red for an unauthorized user, yellow for a potentially authorized user, green for an authorized user, etc.).");
wherein the display device (27) is configured to switch from the first colour to the second colour when the biometric detector (8) detects a driver qualified to drive the road vehicle (1) and vice versa when the biometric detector (8) again detects a driver qualified to drive the road vehicle (1) (see Hassani at least pg. 6, col. 2, lines 37-63 "When the biometric token is not associated with an authorized user but (a) an authorized key fob or mobile device (e.g., smartphone, smart watch, etc.) is inside the vehicle and/or (b) the user enters an authorized key code into a soft keypad on the touch screen, the vehicle (i) enables the ignition switch and (ii) saves the biometric token to determine whether the biometric token should be considered authorized after the vehicle has been driven a threshold distance (e.g., 1 mile, 2 miles, etc.)."; pg. 7/8, col. 4/5, lines 54-67/1-35 "In some examples, the fingerprint scanner 106a includes a display that displays an image of a fingerprint that changes color depending on the status of the corresponding biometric token (e.g., red for an unauthorized user, yellow for a potentially authorized user [(i.e., qualified to drive the road vehicle)], green for an authorized user [(i.e., qualified to drive the road vehicle)], etc.).").
Regarding claim 3, Hassani, Hyung, and BMW disclose the subject matter of claim 2 as recited in the claim and applied above. Additionally, Hassani discloses the subject matter indicated in bold below:
. . . wherein the display device (27) comprises a screen (28) (see Hassani at least pg. 7/8, col. 4/5, lines 54-67/1-35 "In some examples, the fingerprint scanner 106a includes a display that displays an image [(i.e., a screen)] of a fingerprint that changes color depending on the status of the corresponding biometric token (e.g., red for an unauthorized user, yellow for a potentially authorized user, green for an authorized user, etc.).").
Regarding claim 4, Hassani, Hyung, and BMW disclose the subject matter of claim 1 as recited in the claim and applied above. Additionally, Hassani discloses the subject matter indicated in bold below:
. . . wherein the luminous device (7) comprises, in particular is, the biometric detector (8), in particular a fingerprint sensor for driver recognition, an optical sensor for driver facial or iris recognition or an audio sensor for driver voice recognition (see Hassani at least pg. 6, col. 2, lines 37-63 "A vehicle includes . . . a touch screen on the interior of the vehicle [(i.e., luminous device)] . . . When the user is in the driver's seat, the user provides the biometric token (e.g., via a finger print scanner or an iris scanner, etc.). When the biometric token is associated with an authorized user, the vehicle enables the ignition switch."; pg. 7/8, col. 4/5, lines 54-67/1-25 "The biometric scanner(s) 106a-106d may include one or more of a fingerprint scanner 106a, a microphone 106b, a camera 106c, and/or an infrared camera 106d . . . The microphone 106b measures the voice of the user to perform voice recognition (sometimes referred to as 'speaker recognition') to generate the biometric token.").
Regarding claim 7, Hassani, Hyung, and BMW disclose the subject matter of claim 1 as recited in the claim and applied above. Additionally, Hassani discloses the subject matter indicated in bold below:
. . . further comprising a luminous element (16) inside the passenger compartment (3), which is configured to assume a third colour when the vehicle (1) is in the on configuration and a fourth colour when a movable part (9) is in an off configuration, the third colour and the fourth colour being different from each other (see Hassani at least pg. 6, col. 2, lines 37-63 "A vehicle includes . . . a touch screen on the interior of the vehicle [(i.e., luminous device)] . . . When the user is in the driver's seat, the user provides the biometric token (e.g., via a finger print scanner or an iris scanner, etc.). When the biometric token is associated with an authorized user, the vehicle enables the ignition switch."; pg. 7/8, col. 4/5, lines 54-67/1-35 "In some examples, the fingerprint scanner 106a includes a display that displays an image of a fingerprint that changes color depending on the status of the corresponding biometric token (e.g., red for an unauthorized user, yellow for a potentially authorized user [(i.e., fourth color)], green for an authorized user [(i.e., third color)], etc.)."; pg. 8, col. 6, lines 31-45 "When the biometric token is not authorized and enabling the ignition button with a biometric token is disabled, the ignition authenticator 116 does not enable the ignition switch.").
Regarding claim 8, Hassani, Hyung, and BMW disclose the subject matter of claim 7 as recited in the claim and applied above. Additionally, Hassani discloses the subject matter indicated in bold below:
. . . wherein the ignition system (6) is configured to emit a signal resulting in a colour change of at least part (17) of the luminous device (7) (see Hassani at least pg. 7, col. 4, lines 35-53 "The powertrain control unit 104 includes hardware and firmware to control the ignition, fuel injection, emission systems, transmission and/or the brake system of the vehicle 100 . . . The powertrain control unit 104 also enables and disables a keyless ignition switch that a driver useless to start the engine of the vehicle without a key."; pg. 7/8, col. 4/5, lines 54-67/1-35 "In some examples, the fingerprint scanner 106a includes a display that displays an image of a fingerprint that changes color depending on the status of the corresponding biometric token (e.g., red for an unauthorized user, yellow for a potentially authorized user, green for an authorized user, etc.)."; pg. 8, col. 8, lines 31-45 "To determine whether the received biometric token is authorized, the ignition authenticator 116 compares the received biometric token to the authorized biometric tokens stored in the secure memory.").
Regarding claim 9, Hassani, Hyung, and BMW disclose the subject matter of claim 7 as recited in the claim and applied above. Additionally, Hassani discloses the subject matter indicated in bold below:
. . . wherein the third colour is equal to the second colour and the fourth colour is equal to the first colour (see Hassani at least pg. 6, col. 2, lines 37-63 "A vehicle includes . . . a touch screen on the interior of the vehicle [(i.e., luminous device)] . . . When the user is in the driver's seat, the user provides the biometric token (e.g., via a finger print scanner or an iris scanner, etc.). When the biometric token is associated with an authorized user, the vehicle enables the ignition switch."; pg. 7/8, col. 4/5, lines 54-67/1-35 "In some examples, the fingerprint scanner 106a includes a display that displays an image of a fingerprint that changes color depending on the status of the corresponding biometric token (e.g., red for an unauthorized user, yellow for a potentially authorized user [(i.e., first/fourth color)], green for an authorized user [(i.e., second/third color)], etc.)."; pg. 8, col. 6, lines 31-45 "When the biometric token is not authorized and enabling the ignition button with a biometric token is disabled, the ignition authenticator 116 does not enable the ignition switch.").
Regarding claim 10, Hassani, Hyung, and BMW disclose the subject matter of claim 7 as recited in the claim and applied above. Additionally, Hassani discloses the subject matter indicated in bold below:
. . . wherein the third colour is equal to the first colour and the fourth colour is equal to the second colour (see Hassani at least pg. 6, col. 2, lines 37-63 "A vehicle includes . . . a touch screen on the interior of the vehicle [(i.e., luminous device)] . . . When the user is in the driver's seat, the user provides the biometric token (e.g., via a finger print scanner or an iris scanner, etc.). When the biometric token is associated with an authorized user, the vehicle enables the ignition switch."; pg. 7/8, col. 4/5, lines 54-67/1-35 "In some examples, the fingerprint scanner 106a includes a display that displays an image of a fingerprint that changes color depending on the status of the corresponding biometric token (e.g., red for an unauthorized user, yellow for a potentially authorized user [(i.e., second/fourth color)], green for an authorized user [(i.e., first/third color)], etc.)."; pg. 8, col. 6, lines 31-45 "When the biometric token is not authorized and enabling the ignition button with a biometric token is disabled, the ignition authenticator 116 does not enable the ignition switch.").
Regarding claim 11, Hassani, Hyung, and BMW disclose the subject matter of claim 7 as recited in the claim and applied above. Additionally, Hassani discloses the subject matter indicated in bold below:
. . . wherein the luminous device (16) inside the passenger compartment (3) is a part (19) of a steering (20) wheel arranged on a surface at a front airbag; and/or a part of the dashboard (4); and/or a part of a vehicular roof (30); and/or indirect passenger compartment lighting devices (3) (see Hassani at least pg. 7, col. 4, lines 45-53 ". . . the keyless ignition switch may be a button or switch located on the dashboard proximate the steering wheel."; pg. 7/8,col. 4/5, lines 54-67/1-25 "In some examples, the fingerprint scanner 106a is positioned on the ignition switch.").
Regarding claim 12, Hassani, Hyung, and BMW disclose the subject matter of claim 1 as recited in the claim and applied above. Additionally, Hassani discloses the subject matter indicated in bold below:
. . . wherein the ignition system (6) is configured to enable power supply to the powertrain system (5) without necessarily sensing the pressure of a pedal; in particular does not comprise means for sensing the pressure of a pedal, in particular a brake pedal (23) (see Hassani at least pg. 7, col. 4, lines 35-53 "The powertrain control unit 104 includes hardware and firmware to control the ignition, fuel injection, emission systems, transmission and/or the brake system of the vehicle 100. The powertrain control unit 104 also monitors sensors (such as fuel injection sensors, wheel speed sensors, exhaust sensors, etc. [(i.e., does not necessarily sense brake pedal pressure)]) . . ."; Figure 2- no pressure of a pedal sensed).
Response to Arguments
Applicant's arguments filed 11/05/2025 regarding the prior art rejections of claims 1-4 and 7-12 have been fully considered but they are not persuasive.
Applicant argues, “Claim 1 and claims dependent thereon now recite that the luminous device is arranged at a central tunnel along the axis of longitudinal symmetry of the passenger compartment with a movable part facing upwards and comprises a locking system configured to selectively disable the biometric detector when vehicle speed is greater than zero and/or a gear is engaged.
“Hassani discloses biometric-enabled ignition and disabling based on vital signs/duress conditions, not based on vehicle motion or gear state. For example, Hassani requires measuring vital signs before enabling the ignition and disables the biometric scanner when the user is either not alive or is stressed until an additional authorization is received (see Hassani, Claims 1 and 13; Description, FIG. 3 flow at blocks 326-332; and the vital-sign passages the Examiner cited at pg. 6, col. 2, lines 37-63 and pg. 8, col. 6, lines 31-45). That disabling logic is tied to driver condition, not to speed>0 and/or gear engagement, and Hassani's exemplary placement for the biometric scanner is on or near the dashboard/steering area, or on the ignition switch itself (see Hassani, pg. 7, col. 4, 11. 45-53; pg. 7/8, col. 4/5, 11. 54-67/1-25), not at the central tunnel with an upward-facing movable part as now claimed.
“Hyung, in contrast, addresses a different subsystem entirely: a manipulation unit (e.g., a knob) whose position changes between manual and autonomous modes and includes a lock mechanism that conditions position adjustment or blocks movement under certain shift/drive conditions (see Hyung, paras. [0048]-[0060]; and explicitly para. [0088]: "The lock mechanism 234 may serve to adjust the position of the knob 230 only when a shift condition is satisfied in a specific shift stage... Also, the lock mechanism 234 may block some movement of the knob 230 in the autonomous driving mode."). Hyung does not disclose a biometric detector or a luminous device for ignition, and it does not teach suppressing or disabling a biometric sensor based on speed or gear states. Its lock mechanism targets mechanical manipulation of a driving control, not the operation of a sensing/authentication subsystem.
BMW adds only a location aspect-depicting an ignition control located at the center console/central tunnel-as characterized by the Examiner (see present Office Action §7). Even accepting that BMW teaches a center-console ignition, it does not disclose a luminous device comprising a biometric detector, nor any speed/gear- conditioned disabling of a biometric detector. At most, BMW would suggest center- console placement of an ignition button, which still leaves the claimed functional lockout of the biometric detector and the upward-facing movable part of the luminous device unsatisfied.
The Office/s proffered motivation-"to ensure that new inputs do not disrupt active driving operations" (see present Office Action, @6.e)-does not bridge the substantive gap between the art and the claim. Translating Hyung's knob-locking conditions into a selective disabling of Hassani's biometric detector requires changing the target subsystem (from mechanical control movement to sensor operation), altering the control objective (preventing biometric acquisition attempts vs. preventing unintended knob movement/selection), and implementing speed/gear-driven lockout logic that Hassani does not contemplate. That is not a simple combination of known elements yielding predictable results under KSR; it is hindsight reconstruction without a teaching, suggestion, or motivation in the cited references and without a reasonable expectation of success grounded in the art. Moreover, the amended claim adds the distinct structural placement-luminous device with an upward-facing movable part at the central tunnel- which is neither taught nor suggested by Hassani or Hyung, and BMW's center-console ignition does not supply the missing biometric and lockout functionalities.
Accordingly, even if Hassani, Hyung, and BMW were combined, the result would not be the claimed system: a central-tunnel luminous device with an upward-facing movable part that houses a biometric detector and a locking system specifically configured to selectively disable that biometric detector when speed>0 and/or a gear is engaged. Because the prior art lacks each of these coordinated structural and functional features, and provides no reasoned pathway to implement them in combination, the amendment distinguishes over Hassani (pg. 6, col. 2, lines 37-63; pg. 7, col. 4, lines 45- 53; pg. 7/8, col. 4/5, lines 54-67/1-35; FIG. 3, blocks 326-332), Hyung ([0088]), and BMW, and overcomes the §103 rejection,” (from remarks pages 4-6).
As to Point (A), Examiner respectfully disagrees. Applicant appears to argue that the combination of the prior art supplied would not yield the claimed invention because the prior art do not disclose a biometric-enabled ignition and disabling based on vehicle motion or gear state, nor do the prior art disclose the structural placement of a luminous device with an upward-facing movable part at the central tunnel. Applicant additionally appears to argue that the combination of these references is not proper because there is no motivation to combine in the cited prior art. Regarding the biometric-enabled ignition and disabling based on vehicle motion or gear state, Hassani discloses biometric ignition control and Hyung discloses locking vehicle controls based on vehicle shift states. Modifying the biometric ignition control with the locking of vehicle controls based on vehicle shift states would yield the claimed invention’s biometric-enabled ignition and disabling based on vehicle motion or gear state, and one would be motivated to combine the ignition control mechanism as described in Hassani and the ignition locking control logic of Hyung to ensure that new inputs to the biometric device do not disrupt driving operations. Furthermore, the placement of this mechanism is taught by BMW, which clearly shows the ignition switch, in which the biometric luminous device would be integrated, in the described location and orientation. MPEP §2143 discusses examples of supporting rationales for a prima facie case of obviousness under 35 U.S.C. 103, which includes combining prior art elements according to known methods to yield predictable results and use of known technique to improve similar device, methods, or products in the same way; a teaching, suggestion, or motivation in the prior art that would have led one of ordinary skill to modify the prior art reference or to combine prior art reference teachings to arrive at the claimed invention is not necessarily required to justify a combination of references. In this case, the ignition element of Hassani is being modified according to the known control methods of Hyung to yield a predictable result of minimizing disruption to driving operations, and the claimed invention is similarly applying the ignition control logic of Hyung to the ignition control described in Hassani, which amounts to use of known technique to improve similar device, methods, or products in the same way. Regarding the structural placement of a luminous device with an upward-facing movable part at the central tunnel, the luminous device is described in Hassani as integrated into the ignition switch located in the interior of the vehicle (see Hassani at least pg. 7, col. 4, lines 45-53; pg. 7/8, col. 4/5, lines 54-67/1-25). BMW teaches the specific location and orientation of an ignition button as claimed (see BMW at least pg. 12, photograph 1). Combining the location and orientation of the ignition button in a vehicle as taught by BMW with the biometric-integration into an ignition button of Hassani would yield the claimed structural placement of the luminous device.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Long (US 10077021 B2) discloses a locking mechanism for a button-style vehicle ignition switch requiring additional authentication.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TABITHA KRESS whose telephone number is (703) 756-1763. The examiner can normally be reached MTWR 06:30-16:30 CST.
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/TABITHA KRESS/Examiner, Art Unit 3667
/Hitesh Patel/Supervisory Patent Examiner, Art Unit 3667
5/5/26
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