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 .
This action is in response to applicant’s amendment/arguments filed on 04/08/2026. Claims 2, 10 and 18 have been cancelled. Claims 1, 9 and 17 have been amended. Currently, claims 1, 2-9, 11-17, 19 and 20 are pending. This action is made FINAL.
Response to Arguments
Applicant’s arguments/amendments with respect to amended claims 04/08/2026 have been considered but are moot in view of the new ground(s) of rejection.
Response to Amendments
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 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.
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.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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, 2-9, 11-17, 19 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ramappa et al. (US 20170374629 A1) in view of Ledvina et al. (US 20190297457 A1), and in further view of Foster et al. (US 20190039570 A1).
Consider claim 1, Ramappa discloses a method (read as the communication method of the communication system 100, figure 1, par [0021] and [0031]) comprising:
transmitting, by a computing device, one or more wireless advertisement signals at a first rate (read as an advertiser (ADV) transmits the advertisement data at a predetermined advertisement rate or a default advertisement rate, par [0021], [0035] and [0039]);
receiving, by the computing device, one or more wireless signals emitted from a remote device (read as receiving wireless messages from another device (i.e. admin scanner/SCN), the admin scanner sends a CONN_REQ or SCN_REQ message to the advertiser (ADV), and that the advertiser (ADV) operates in response to receiving the messages, par [0024], [0025], [0028] and [0037]);
determining, by the computing device, whether a distance satisfies a threshold distance; and responsive to determining the distance satisfies the threshold distance, transmitting the one or more wireless advertisement signals at a second rate greater than the first rate (read as the admin scanner transmits a request to the advertiser (ADV) to increase (i.e. greater than) the default advertisement rate when the distance between the ADV and the admin scanner is greater than or equal to a predetermined distance, par [0029]-[0030], [0032] and [0040]);
wherein the one or more wireless advertisement signals identify the computing device to the remote device (read as the advertiser (ADV) transmits BLE advertisement packets in the form of a connectable undirected advertising even (ADV_IND) message, and the advertisement/ADV_IND packets inherently identify the advertising device to scanning remote device as it is required for subsequent connection requests, par [0028]-[0029], [0032] and [0036]); and
subsequent to transmit the one or more wireless advertisement signals, receiving, by the computing device, a request from the remote device (read as admin scanner 202 sends CONN_REQ or SCN_REQ to ADV 200, and step 406 checks for receipt of that message after advertisement transmission, par [0025] and [0037]).
However, Ramappa discloses the claimed invention above with distance criterion and predetermined distance between the devices (par [0027], [0030] and [0037]) but does not specifically disclose determining, by the computing device and based on a signal strength of the one or more wireless signals received from the remote device, the distance between the computing device and the remote device.
Nonetheless, Ledvina discloses the mobile device measures RSSI or received filed strength of RF signals from vehicle antennas, and the key fob or mobile device converts that measured signal strength to distance measurement or computes the location, par [0006] and [0037]-[0038].
Therefore, it would have been obvious for a person with ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Ledvina into the teachings of Ramappa, to modify the proximity rate control using Ledvina’s RSSI ranging technique, in order to improve distance accuracy (see par [0006] and [0037]-[0038] of Ledvina).
However, Ramappa, as modified by Ledvina, discloses the claimed invention above with request message (par [0025], [0032], [0037]) and protected access (par [0031]-[0032] but does not specifically disclose receiving, by the computing device, a request for authentication information from the mobile device to enable a protected function of the remote device.
Nonetheless, Foster discloses from mobile computing device perspective, vehicle 102 sends a notification comprising a request for authentication, the mobile computer device transmits a response, and the mobile computing device receives access to the vehicle’s protected function, including opening doors, automatically unlocking a door, and allow access, par [0077]-[0078], [0018] and [0021]).
Therefore, it would have been obvious for a person with ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Foster into the teachings of Ramappa, which modified by Ledvina, to modify the protected access control using Foster’s authentication request flow, in order to enhance secure vehicle access (see par [0006] and [0018] and [0021] of Foster).
Consider claim 3, as applied to claim 1 above, Ramappa, as modified by Ledvina and Foster, discloses determining the distance is within a range including the threshold distance for more than a predefined period of time; and responsive to determining the distance is within the range including the threshold distance for more than the predefined period of time, discontinuing transmission of the one or more wireless advertisement signals at the second rate and transmitting the one or more wireless advertisement signals at the first rate (read as the advertisement rate of the ADV 200 can be stopped or reduced (i.e. from greater/increased advertisement rate to default advertisement rate) if one or more predetermined criteria are met, such as a distance between the ADV 200 and the admin scanner 202 being less than a predetermined distance and after a predetermined amount of time has passed, par [0027], [0030] and [0037]).
Consider claim 4, as applied to claim 1 above, Ramappa, as modified by Ledvina and Foster, discloses wherein the threshold distance is a first threshold distance, the method further comprising: determining the distance decreased to satisfy a second threshold distance less than the first threshold distance; and responsive to determining the distance decreased to satisfy the second threshold distance, increasing the second rate (read as the advertisement rate of the ADV 200 is based on the distance, the speed and the number or SCNs; when the distance is decreased to less than half of the predetermined distance (i.e. second threshold distance) but the both of the speed and number of SCNs increase to the point which negate the effect of distance decrease, the advertisement rate increases; additionally, in response to transmitting the CONN_RES message to the admin scanner 202, the ADV 200 transmits the advertisement data in the ADV_IND message to the admin scanner 202 or any other SCNs within communication range of the ADV 200 at a modified advertisement rate 304 that is greater than the advertisement rate 302a, par [0030], [0032] and [0037]).
Consider claim 5, as applied to claim 1 above, Ramappa, as modified by Ledvina and Foster, discloses wherein the one or more wireless advertisement signals are transmitted with a first radio of the computing device and the one or more wireless signals are received with a second radio of the computing device (read as the transmitter of advertiser (ADV) for transmitting the advertisement data, and receiver of the advertiser for receiving the signals from the admin scanner, par [0035]-[0040] and [0057]).
Consider claim 6, as applied to claim 5 above, Ramappa, as modified by Ledvina and Foster, discloses wherein the first radio is a lower power radio than the second radio (read as transmitter of Bluetooth (read as admin scanner controls the ADV to stop advertising (transmitter of advertiser (ADV) has no power usage), but the receiver of the advertiser is not stopped (still active and using power/energy) to receive signals from the admin scanner, par [0030] and [0037]).
Consider claim 7, as applied to claim 1 above, Ramappa, as modified by Ledvina and Foster, discloses the claimed invention above and the default advertisement rate (par [0031]-[0032]) but does not specifically disclose wherein the first rate has a transmission interval of between 1 second and 2 seconds
It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the system make the default advertisement rate (the first rate) has a transmission interval of between 1 second and 2 seconds, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Consider claim 8, as applied to claim 7 above, Ramappa, as modified by Ledvina and Foster, discloses the claimed invention above and second rate to reduce a latency at which the remote device identifies the computing device relative to the first rate (read as greater/increased advertisement rate to reduce discovery time/latency, par [0028]-[0030] but does not specifically disclose wherein the second rate has a transmission interval of between 50 milliseconds and 700 milliseconds.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the system make the greater/increased advertisement rate (the second rate) has a transmission interval of between 50 milliseconds and 700 milliseconds, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Consider claim 9, Ramappa discloses a computing device (read as the communication method of the communication system 100, figure 1, par [0021] and [0031]) comprising:
a memory that stores instructions; and one or more processors (read as the memory and processor, par [0056]) that execute the instructions to:
transmit one or more wireless advertisement signals at a first rate (read as an advertiser (ADV) transmits the advertisement data at a predetermined advertisement rate or a default advertisement rate, par [0021], [0035] and [0039]);
receive one or more wireless signals emitted from a remote device (read as receiving wireless messages from another device (i.e. admin scanner/SCN), the admin scanner sends a CONN_REQ or SCN_REQ message to the advertiser (ADV), and that the advertiser (ADV) operates in response to receiving the messages, par [0024], [0025], [0028] and [0037]);
determine whether the distance satisfies a threshold distance; and responsive to determining the distance satisfies the threshold distance, transmit the one or more wireless advertisement signals at a second rate greater than the first rate (read as the admin scanner transmits a request to the advertiser (ADV) to increase (i.e. greater than) the default advertisement rate when the distance between the ADV and the admin scanner is greater than or equal to a predetermined distance, par [0029]-[0030], [0032] and [0040]);
wherein the one or more wireless advertisement signals identify the computing device to the remote device (read as the advertiser (ADV) transmits BLE advertisement packets in the form of a connectable undirected advertising even (ADV_IND) message, and the advertisement/ADV_IND packets inherently identify the advertising device to scanning remote device as it is required for subsequent connection requests, par [0028]-[0029], [0032] and [0036]); and
subsequent to transmit the one or more wireless advertisement signals, receiving, by the computing device, a request from the remote device (read as admin scanner 202 sends CONN_REQ or SCN_REQ to ADV 200, and step 406 checks for receipt of that message after advertisement transmission, par [0025] and [0037]).
However, Ramappa discloses the claimed invention above with distance criterion and predetermined distance between the devices (par [0027], [0030] and [0037]) but does not specifically disclose determining, by the computing device and based on a signal strength of the one or more wireless signals received from the remote device, the distance between the computing device and the remote device.
Nonetheless, Ledvina discloses the mobile device measures RSSI or received filed strength of RF signals from vehicle antennas, and the key fob or mobile device converts that measured signal strength to distance measurement or computes the location, par [0006] and [0037]-[0038].
Therefore, it would have been obvious for a person with ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Ledvina into the teachings of Ramappa, to modify the proximity rate control using Ledvina’s RSSI ranging technique, in order to improve distance accuracy (see par [0006] and [0037]-[0038] of Ledvina).
However, Ramappa, as modified by Ledvina, discloses the claimed invention above with request message (par [0025], [0032], [0037]) and protected access (par [0031]-[0032] but does not specifically disclose receiving, by the computing device, a request for authentication information from the mobile device to enable a protected function of the remote device.
Nonetheless, Foster discloses from mobile computing device perspective, vehicle 102 sends a notification comprising a request for authentication, the mobile computer device transmits a response, and the mobile computing device receives access to the vehicle’s protected function, including opening doors, automatically unlocking a door, and allow access, par [0077]-[0078], [0018] and [0021]).
Therefore, it would have been obvious for a person with ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Foster into the teachings of Ramappa, which modified by Ledvina, to modify the protected access control using Foster’s authentication request flow, in order to enhance secure vehicle access (see par [0006] and [0018] and [0021] of Foster).
Consider claim 11, as applied to claim 9 above, Ramappa, as modified by Ledvina and Foster, discloses the claimed invention above and wherein the one or more processors (read as processor, par [0056] and [0058]) determine the distance is within a range including the threshold distance for more than a predefined period of time; and responsive to determining the distance is within the range including the threshold distance for more than the predefined period of time, discontinue transmission of the one or more wireless advertisement signals at the second rate and transmit the one or more wireless advertisement signals at the first rate (read as the advertisement rate of the ADV 200 can be stopped or reduced (i.e. from greater/increased advertisement rate to default advertisement rate) if one or more predetermined criteria are met, such as a distance between the ADV 200 and the admin scanner 202 being less than a predetermined distance and after a predetermined amount of time has passed, par [0027], [0030] and [0037]).
Consider claim 12, as applied to claim 9 above, Ramappa, as modified by Ledvina and Foster, discloses wherein the threshold distance is a first threshold distance and the one or more processors further execute the instructions to: determine the distance decreased to satisfy a second threshold distance less than the first threshold distance; and responsive to determining the distance decreased to satisfy the second threshold distance, increase the second rate (read as the advertisement rate of the ADV 200 is based on the distance, the speed and the number or SCNs; when the distance is decreased to less than half of the predetermined distance (i.e. second threshold distance) but the both of the speed and number of SCNs increase to the point which negate the effect of distance decrease, the advertisement rate increases; additionally, in response to transmitting the CONN_RES message to the admin scanner 202, the ADV 200 transmits the advertisement data in the ADV_IND message to the admin scanner 202 or any other SCNs within communication range of the ADV 200 at a modified advertisement rate 304 that is greater than the advertisement rate 302a, par [0030], [0032] and [0037]).
Consider claim 13, as applied to claim 9 above, Ramappa, as modified by Ledvina and Foster, discloses wherein the one or more wireless advertisement signals are transmitted with a first radio of the computing device and the one or more wireless signals are received with a second radio of the computing device (read as the transmitter of advertiser (ADV) for transmitting the advertisement data, and receiver of the advertiser for receiving the signals from the admin scanner, par [0035]-[0040] and [0057]).
Consider claim 14, as applied to claim 13 above, Ramappa, as modified by Ledvina and Foster, discloses wherein the first radio is a lower power radio than the second radio (read as admin scanner controls the ADV to stop advertising (transmitter of advertiser (ADV) has no power usage), but the receiver of the advertiser is not stopped (still active and using power/energy) to receive signals from the admin scanner, par [0030] and [0037]).
Consider claim 15, as applied to claim 9 above, Ramappa, as modified by Ledvina and Foster, discloses the claimed invention above and the default advertisement rate (par [0031]-[0032]) but does not specifically disclose wherein the first rate has a transmission interval of between 1 second and 2 seconds
It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the system make the default advertisement rate (the first rate) has a transmission interval of between 1 second and 2 seconds, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Consider claim 16, as applied to claim 15 above, Ramappa, as modified by Ledvina and Foster, discloses the claimed invention above and second rate to reduce a latency at which the remote device identifies the computing device relative to the first rate (read as greater/increased advertisement rate to reduce discovery time/latency, par [0028]-[0030] but does not specifically disclose wherein the second rate has a transmission interval of between 50 milliseconds and 700 milliseconds.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the system make the greater/increased advertisement rate (the second rate) has a transmission interval of between 50 milliseconds and 700 milliseconds, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Consider claim 17, Ramappa discloses a non-transitory computer-readable storage medium comprising instructions, that when executed by one or more processors of a computing system (read as the communication system 100 comprising the memory and processor, figure 1, par [0021], [0031], [0056], [0058] and [0060]), cause the one or more processors to:
transmit one or more wireless advertisement signals at a first rate (read as an advertiser (ADV) transmits the advertisement data at a predetermined advertisement rate or a default advertisement rate, par [0021], [0035] and [0039]);
receive one or more wireless signals emitted from a remote device (read as receiving wireless messages from another device (i.e. admin scanner/SCN), the admin scanner sends a CONN_REQ or SCN_REQ message to the advertiser (ADV), and that the advertiser (ADV) operates in response to receiving the messages, par [0024], [0025], [0028] and [0037]);
determine whether the distance satisfies a threshold distance; and responsive to determining the distance satisfies the threshold distance, transmit the one or more wireless advertisement signals at a second rate greater than the first rate (read as the admin scanner transmits a request to the advertiser (ADV) to increase (i.e. greater than) the default advertisement rate when the distance between the ADV and the admin scanner is greater than or equal to a predetermined distance, par [0029]-[0030], [0032] and [0040]);
wherein the one or more wireless advertisement signals identify the computing system to the remote device (read as the advertiser (ADV) transmits BLE advertisement packets in the form of a connectable undirected advertising even (ADV_IND) message, and the advertisement/ADV_IND packets inherently identify the advertising device to scanning remote device as it is required for subsequent connection requests, par [0028]-[0029], [0032] and [0036]); and
subsequent to transmit the one or more wireless advertisement signals, receiving, by the computing device, a request from the remote device (read as admin scanner 202 sends CONN_REQ or SCN_REQ to ADV 200, and step 406 checks for receipt of that message after advertisement transmission, par [0025] and [0037]).
However, Ramappa discloses the claimed invention above with distance criterion and predetermined distance between the devices (par [0027], [0030] and [0037]) but does not specifically disclose determining, by the computing device and based on a signal strength of the one or more wireless signals received from the remote device, the distance between the computing device and the remote device.
Nonetheless, Ledvina discloses the mobile device measures RSSI or received filed strength of RF signals from vehicle antennas, and the key fob or mobile device converts that measured signal strength to distance measurement or computes the location, par [0006] and [0037]-[0038].
Therefore, it would have been obvious for a person with ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Ledvina into the teachings of Ramappa, to modify the proximity rate control using Ledvina’s RSSI ranging technique, in order to improve distance accuracy (see par [0006] and [0037]-[0038] of Ledvina).
However, Ramappa, as modified by Ledvina, discloses the claimed invention above with request message (par [0025], [0032], [0037]) and protected access (par [0031]-[0032] but does not specifically disclose receiving, by the computing device, a request for authentication information from the mobile device to enable a protected function of the remote device.
Nonetheless, Foster discloses from mobile computing device perspective, vehicle 102 sends a notification comprising a request for authentication, the mobile computer device transmits a response, and the mobile computing device receives access to the vehicle’s protected function, including opening doors, automatically unlocking a door, and allow access, par [0077]-[0078], [0018] and [0021]).
Therefore, it would have been obvious for a person with ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Foster into the teachings of Ramappa, which modified by Ledvina, to modify the protected access control using Foster’s authentication request flow, in order to enhance secure vehicle access (see par [0006] and [0018] and [0021] of Foster).
Consider claim 19, as applied to claim 17 above, Ramappa, as modified by Ledvina and Foster, discloses the claimed invention above and wherein the one or more processors (read as processor, par [0056] and [0058]) further execute the instructions to: determine the distance is within a range including the threshold distance for more than a predefined period of time; and responsive to determining the distance is within the range including the threshold distance for more than the predefined period of time, discontinue transmission of the one or more wireless advertisement signals at the second rate and transmit the one or more wireless advertisement signals at the first rate (read as the advertisement rate of the ADV 200 can be stopped or reduced (i.e. from greater/increased advertisement rate to default advertisement rate) if one or more predetermined criteria are met, such as a distance between the ADV 200 and the admin scanner 202 being less than a predetermined distance and after a predetermined amount of time has passed, par [0027], [0030] and [0037]).
Consider claim 20, as applied to claim 17 above, Ramappa, as modified by Ledvina and Foster, discloses wherein the threshold distance is a first threshold distance and the one or more processors further execute the instructions to: determine the distance decreased to satisfy a second threshold distance less than the first threshold distance; and responsive to determining the distance decreased to satisfy the second threshold distance, increase the second rate (read as the advertisement rate of the ADV 200 is based on the distance, the speed and the number or SCNs; when the distance is decreased to less than half of the predetermined distance (i.e. second threshold distance) but the both of the speed and number of SCNs increase to the point which negate the effect of distance decrease, the advertisement rate increases; additionally, in response to transmitting the CONN_RES message to the admin scanner 202, the ADV 200 transmits the advertisement data in the ADV_IND message to the admin scanner 202 or any other SCNs within communication range of the ADV 200 at a modified advertisement rate 304 that is greater than the advertisement rate 302a, par [0030], [0032] and [0037]).
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Junpeng Chen whose telephone number is (571) 270-1112. The examiner can normally be reached on Monday - Thursday, 8:00 a.m. - 5:00 p.m., EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anthony S Addy can be reached on 571-272-7795. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Junpeng Chen/
Primary Examiner, Art Unit 2645
Prosecution Insights