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 .
Election/Restrictions
Applicant’s election without traverse of Group I with claims 1-16 and 18 in the reply filed on 2/06/2026 is acknowledged.
Claims 17 and 19 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 2/06/2025.
Claim Objections
Claims 13-14 are objected to because of the following informalities: claim 13 includes limitation “a predetermined distance” which should be --the predetermined distance--, since this limitation is claimed and defined in claim 1. Appropriate correction is required.
Claim 14 objected due to its dependency.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim(s) 5 is/are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 5 includes duplicate limitations which should be corrected so that the language is clear that there is only one “a member”. Claim 5 is interpreted as requiring one member (i.e. button on a unit or a device) operated by a user.
Any dependent claims based on the above rejected claim(s) would be rejected given their dependency on those rejected claims.
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.
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) 1-3, 11, 13-16 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over TETSUYA et al. (JP2019065624A – version of machine translation relied on for examination is attached) in view of SANJI et al. (US 20210168563 A1) further in view of NAOKI et al. (JP2016022922A) further in view of KHAN et al. (US 20140285319 A1).
Re claim 1.
TETSUYA discloses (abstract – emphasis added to limitations which are further discussed below) a vehicular electronic key system (FIG.1-2), in which an in-vehicle-system is configured to perform predetermined vehicle control by performing short-range communication [0029, 0086], which is wireless communication in compliance with a predetermined communication standard using a radio wave in a first frequency band [0026, 0029, 0086], with a key device [0073], which is a device (i.e. portable device 13) to be used as a key of a vehicle (FIG.1-2), the in-vehicle system including:
a key information storage unit [0038] configured to store information on the key device; (FIG.1-3)
a plurality of first communication units (receiving circuit 24 and the receiving antenna 24a comprise communication units to operate communication functions together and in combination) [0023-0025, 0183] that are communication modules configured to perform the short-range communication [0029, 0086];
at least one second communication unit (either of transmission circuits 22, 23 which each include antennas 22a/23a) that is a communication module configured to
transmit a predetermined wake signal [0041] (i.e. each antenna 22a/23a can transmit a signal), which is a wireless signal in a second frequency band (LF (Low Frequency) band) different from the first frequency band [0026, 0034, 0038, 0086], and
temporarily transition a vehicular mobile device (i.e. such as portable device 13 which can transition to operate vehicle functions within certain range and meeting conditions i.e. also based on proper unique code [0038] – key device is interpreted as equal to the vehicle mobile device), which is a dedicated device to operate the vehicle [0038], to a state where the short-range communication is possible (portable device 13 “wakes up” due to wake-up signal such that it starts a temporary transition to operate with vehicle from a sleep state (power saving state) from which it awakes) [0038];
a communication control unit (ECU 21) configured to control an operation [0025-0026] of each of the first communication units and the second communication unit (FIG.1);
a position estimation unit (step S205) [0073] configured to determine a position of the key device with respect to the vehicle, based on statuses of signal reception [0029-0031] from the key device by the plurality of first communication units (FIG.3B - response signal Srp received by receiving units 24/24a – includes information Sres pertaining to an RSSI value) [0039, 0081]; and
an authentication processing unit (by way of ECU 21 and identification information stored in memory 21a using registered codes) configured to authenticate a user based on data received from the key device by the first communication units [0031-0032],
the key information storage unit is configured to register, as the key device, each of the vehicular mobile device [0029, 0031-0032, 0038-0039, 0043, 0045] (i.e. portable device 13 is registered/stored in memory to be used as vehicle control device given how it interacts with vehicle functions such as communication etc.),
the communication control unit is configured to change (step S207 – transmitting of signal can be stopped once portable device 13 is located outside specified communication areas A1 and A2 thereby changing operation of transmission circuits 22/23), when the mobile terminal (vehicular mobile device (i.e. portable device 13)) is registered as the key device [0038], the operation of the second communication unit, according to the position of the mobile terminal (vehicular mobile device (i.e. portable device 13)) determined by the position estimation unit [0051, 0074],
the position estimation unit is configured to determine, based on statuses of signal reception from the mobile terminal (vehicular mobile device (i.e. portable device 13)) by the plurality of first communication units (as explained above – response signal (FIG.3B) includes several data including RSSI data), whether the mobile terminal (vehicular mobile device (i.e. portable device 13)) is present in a distant area (various areas A1, A2, Ap could be distant areas), which is distant from the vehicle by a predetermined distance or more (i.e. particularly region of Ap beyond L3), or in an area (FIG.5-8 – distance defined by threshold lines L1, L2, L3), which is distant from the vehicle by a distance less than the predetermined distance (i.e. any area such as A1 or A2 closer to the vehicle), and
the communication control unit is configured to [0030]
cause the second communication unit to periodically transmit (i.e. in a parked state the predetermined interval is set for that state) the wake signal at predetermined polling intervals [0030].
However, TETSUYA fails to explicitly disclose:
a communication control unit;
a position estimation unit; and
an authentication processing unit.
Each unit listed above is claimed as performing individual functions, for which TETSUYA generally uses one electronic control unit, capable of performing various functions including those discussed above. Person having ordinary skill in the art (PHOSITA hereinafter) understands that electronic control unit commonly perform various functions and include within their structure, separate units to perform different functions, when necessary, as illustrated in prior art below.
SANJI teaches (abstract) in a similar field of invention (FIG.1-6) a vehicle system (i.e. a vehicle operation and communication system to operate with a mobile device carried by a user, similarly in operation to that of TETSUYA) including an authentication control unit (FIG.6) wherein [0105] the same overall functions as claimed, including communication, position estimation and authentication processing, are performed by an authentication ECU 11, wherein each operation is performed by different units, including a communication control unit F2, a position estimation unit F6, and an authentication processing unit F3. The overall results of various units performing various functions achieves the same purpose as claimed.
It would have been obvious to use separate or distinct units such as a communication control unit, a position estimation unit and an authentication processing unit to perform individual functions, as is well-known in the art, rather than a single ECU as of TETSUYA, because the modification of using a single ECU into separate units would have constituted the mere arrangement of old elements with each performing the same function it had been known to perform, the combination yielding no more than one would expect from such an arrangement.
However, TETSUYA as modified by SANJI fails to explicitly disclose:
a mobile terminal which is a versatile information processing device capable of performing the short-range communication,
Or using in place of the key device, the mobile terminal (such as a general portable communication device i.e. smartphone which are capable of performing short-range communication) instead of the device used by TETSUYA.
NAOKI discloses (abstract) a vehicular electronic key system (FIG.7-8) [0080-0090], in which an in-vehicle-system is configured to perform predetermined vehicle control by performing short-range communication, which is wireless communication in compliance with a predetermined communication standard (i.e. Bluetooth) using a radio wave in a first frequency band [0084], with a key device, which is a device (i.e. first portable device 40A or smartphone 40B) to be used as a key of a vehicle, the in-vehicle system [0081] including:
a first communication unit 12 that is communication module configured to perform the short-range communication [0022];
at least one second communication unit 11 that is a communication module configured to
transmit a predetermined wake signal (search signal) [0053], which is a wireless signal in a second frequency band (frequency band for LF communication or RF communication) different from the first frequency band [0032], and
temporarily transition a vehicular mobile device (i.e. either first portable device 40A or smartphone 40B can transition to operate vehicle functions within certain range and meeting conditions), which is a dedicated device to operate the vehicle, to a state where the short-range communication is possible [0024];
a communication control unit 14 configured to control an operation [0025] of each of the first communication units and the second communication unit;
a position estimation unit [0071] configured to determine a position of the key device with respect to the vehicle, based on statuses of signal reception [0087] from the key device by the first communication unit; and
an authentication processing unit configured to authenticate a user based on data received from the key device by the first communication unit [0076],
the communication control unit is configured to change, when the mobile terminal is registered as the key device [0076], the operation of the second communication unit (transmission of search signals – search process – is changed based on position of user and portable device 40B), according to the position of the mobile terminal determined by the position estimation unit. [0087]
PHOSITA would understand that TETSUYA performs similar functions as of NAOKI by way of using portable device(s) to monitor user approach and position to a vehicle for vehicle operation control.
NAOKI clearly suggests using an additional mobile terminal (i.e. smartphone 40B) in place of a single portable device (40A) [0087], for the purpose of lowering power consumption [0090] as further detailed below.
[0086]
In the vehicle communication system of embodiment 2, when a user carrying the first portable device 40A and the second portable device 40B approaches the vehicle 100 from a distance, the welcome light is turned on by the following communication operation.
[0087]
First, when the user is far away, in the vehicle communication device 10A, the search process of the first communication unit 11 is suspended and the search process of the second communication unit 12 is executed. When the user enters the communication range of the second communication unit 12, the user's approach can be detected by communication between the second communication unit 12 and the second portable device 40B (reception of the search signal Sig11 and reception of the response signal Sig12 in Figure 8).
[0088]
When the second portable device 40B is found by the search by the second communication unit 12, the first communication unit 11 starts a search process in a short communication range. When the user approaches the vehicle 100 further and enters the communication range of the first communication unit 11A, communication between the first communication unit 11 and the first portable device 40A (reception of the search signal Sig13 and reception of the response signal Sig14 in Figure 8) makes it possible to detect that the user has entered the communication range of the first communication unit 11A and the direction in which the user is approaching. The response signal Sig14 of the first portable device 40A is transmitted from the RF transmitting section of the third communication section 41A to the RF receiving section of the first communication section 11A using high frequency radio waves.
[0089]
This allows the vehicle communication device 10A to confirm from which direction the user has approached without transmitting from the first communication unit 11A for a long period of time, which requires a large current. Then, once the direction of the user's approach has been confirmed, the vehicle communication device 10A turns on a welcome light (left door welcome light 101, right door welcome light 102, or trunk welcome light 103) that matches the direction of the user's approach.
[0090]
As described above, in the second embodiment, by using separate portable devices, namely, the first portable device 40A having the third communication unit 41A and the second portable device 40B having the fourth communication unit 42A, it is possible to realize control according to the approach of the user with low power consumption.
NAOKI clearly suggests, that in order to consume low power, PHOSITA may use two portable devices, for use in different ranges, as a user approaches a vehicle, similar in operation to that of TETSUYA. NAOKI further uses similar position determination to change operation of communication based on whether a portable device is located within a certain communication range or not, and if not, transmitting one type of signals. When user is further distance away, the system communicates with a mobile terminal/portable device (smartphone) using one type of communication signals to conserve power. Once a user approaches vehicle within a less distant communication range (to communicate with a portable device such as a key device), the signals are changed.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to try adding and using a mobile terminal as taught by NAOKI in the system of TETSUYA in order to reduce power consumption for instance, by way of using the mobile device alongside another vehicular mobile device/key device.
However, TETSUYA as modified by SANJI and NAOKI fails to explicitly disclose:
the communication control unit is configured to
when the position estimation unit determines that the mobile terminal is present in the distant area,
cause the second communication unit to periodically transmit the wake signal at predetermined polling intervals, and
when the position estimation unit determines that the mobile terminal is present in the area, which is distant from the vehicle by the distance less than the predetermined distance, set the polling intervals of the wake signal to be longer than the polling intervals when the position estimation unit determines that the mobile terminal is present in the distant area.
NAOKI further suggests changing transmission interval for search signals based on a location [0006].
KHAN teaches (abstract) in a similar field of invention (FIG.1) a vehicle access system [0013] operating with a vehicle access unit 5 communicating with another access unit 23, such as key fob, portable device carried by user during operation, wherein at least one transmitter is adjusted [0041-0042] to change a time interval of a polling signal to be increased as a distance between one access unit 5 (communication unit placed on vehicle) and another access unit 23 (portable device carried by user) also increases while reducing polling interval between transmissions of polling signal when the distance between access unit and other further access unit decreases [0013]. Furthermore, [0071] polling interval can be based on specific measure parameter, such as a distance between access units [0066]. The purpose of changing the polling interval based on distance changes, is for reducing power consumption [0041].
[0013] At least the first transmitter may be configured: to increase the time interval between transmissions of the polling signal in response to an increase in the distance between the access unit and the further access unit; and/or to reduce the time interval between transmissions of the polling signal in response to a reduction in the distance between the access unit and the further access unit.
[0041] The polling signal could be continuous. However, to conserve power, the polling signal can be pulsed with a time interval between transmissions. The time interval between transmissions of the polling signal can be greater than or equal to: 0.5 seconds, 1 second, 2 seconds, 3 seconds, 5 seconds or 10 seconds. An increased time interval can help to conserve power.
[0042] Furthermore, at least the first transmitter can be configured to adjust the time interval between transmissions of the polling signal in response to measured parameters. For example, the time interval between repetitions of the polling signal can be increased as the distance between the first access unit and the second access unit increases. Conversely, the time interval between transmissions of the polling signal can be reduced as the distance between the first access unit and the second access unit decreases. Alternatively, the time interval between transmissions of the polling signal can be adjusted depending on the speed with which the first access unit and the second access unit travel towards or away from each other.
[0071] The polling signal could be continuous or it could be pulsed. A time interval can be provided between pulses of the polling signal. The time interval can be modified in response to changes in a measured parameter relating to said first access unit and/or said second access unit. For example, the method can comprise increasing the time interval between transmissions of the polling signal as the distance between the first access unit and the second access unit increases. Conversely, the method can comprise reducing the time interval between transmissions of the polling signal as the distance between the first access unit and the second access unit decreases.
It appears that a PHOSITA would understand that in order to further decrease power consumption, it would be possible and beneficial to control communication such that, when the position estimation unit determines that the mobile terminal is present in the distant area (further away), causing the second communication unit to periodically transmit the wake signal at predetermined polling intervals (i.e. decreased polling interval), and when the position estimation unit determines that the mobile terminal is present in the area (closer or getting closer to vehicle within predetermined distance), which is distant from the vehicle by the distance less than the predetermined distance (i.e. within an area closest to vehicle), set the polling intervals of the wake signal to be longer than the polling intervals (i.e. increasing polling interval) when the position estimation unit determines that the mobile terminal is present in the distant area (portable device or access unit being further or moving away from vehicle).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to try the operation of KHAN by way of modifying the polling signal intervals based on position of mobile terminal in relation to vehicle in order to further reduce power consumption.
Re claim 2. However, TETSUYA as modified by SANJI and NAOKI fails to explicitly disclose:
the vehicular electronic key system according to claim 1, wherein the position estimation unit is configured determine, based on the statuses of signal reception from the mobile terminal by the plurality of first communication units, whether the mobile terminal is present in a predetermined operation area, which is outside a vehicle interior or in the vehicle interior, and the communication control unit is configured to cause the second communication unit to periodically transmit the wake signal based on determination that the mobile terminal is present neither in the vehicle interior nor in the operation area, cause the second communication unit to stop the periodic transmission of the wake signal based on determination that the mobile terminal is present in the vehicle interior or in the operation area.
KHAN teaches [0058] the concept of stopping transmission of a polling signal if a mobile terminal (FIG.2) is located in the vehicle interior or near such interior. KHAN therefore suggests that a polling signal would continue operating when the mobile terminal is located further away from the vehicle interior or within the nearest area right outside vehicle interior (areas such as areas A1/A2 of TETSUYA).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to try change operation of periodic transmission of wake signal based on whether mobile terminal is nearest or within vehicle interior in order to reduce power consumption given that once the user reaches vehicle door or interior, polling may not be necessary.
Re claim 3. TETSUYA discloses [0008] the vehicular electronic key system according to claim 1, wherein the position estimation unit is configured to determine whether the user carrying the mobile terminal is approaching the vehicle based on a history of the position of the mobile terminal (i.e. based on first and second responses), and the communication control unit is configured to stop the second communication unit based on the determination that the user carrying the mobile terminal is approaching.
Re claim 11. TETSUYA discloses [0078-0082] the vehicular electronic key system according to claim 1, wherein the communication control unit is configured to cause the second communication unit to stop the periodic transmission of the wake signal during a downtime period (when no response signal (Ack signal) is received) registered by the user.
Re claim 13. TETSUYA discloses [0061] (under BRI – broadest reasonable interpretation) the vehicular electronic key system according to claim 1, wherein the communication control unit is configured to reduce transmission power (i.e. by suppressing unnecessary wireless communication) in each of the first communication units to a reduced level lower than a predetermined standard level by a predetermined amount, when the mobile terminal is present within a predetermined distance (i.e. an outermost region) from the vehicle.
Re claim 14. TETSUYA discloses [0008] the vehicular electronic key system according to claim 13, wherein the position estimation unit is configured to perform, as long as the position estimation unit receives a signal from the mobile terminal, processing for determining the position of the mobile terminal at predetermined intervals and combine a previous determination result with a latest determination result (historical data of first and second responses) to determine the position of the mobile terminal.
[0008]
The electronic key system that can achieve the above object includes an on-board device that
wirelessly transmits a response request to a communication area set around the vehicle, and
a portable device that wirelessly transmits a response to the response request.
The vehicle-mounted device transmits a second response request to authenticate the
portable device when a first response to a first response request that is periodically
transmitted to detect the approach of the portable device to the vehicle is received, and when
a second response to the second response request is received, the vehicle-mounted device
allows the vehicle door lock to operate when it is determined that the portable device is
located within the communication area.
In addition, when the first response is continuously received, the vehicle-mounted device
increases or decreases the transmission output of the vehicle-mounted device depending on
the reception status of the second response, and stops transmitting the first response request
based on the subsequent response status of the portable device.
Re claim 15. However, TETSUYA as modified by SANJI fails to explicitly disclose:
the vehicular electronic key system according to claim 1, wherein the position estimation unit is configured to further determine a position of the vehicular mobile device with respect to the vehicle, based on statuses of signal reception from the vehicular mobile device by the plurality of first communication units, and the communication control unit is configured to change a frequency, with which communication for determining the position is to be performed, depending on whether a communication partner is the vehicular mobile device or the mobile terminal.
NAOKI further teaches [0019] changing frequencies based on which portable device is being communicated with [0088] and position of portable device(s), given that different communication units are used to communicate with either the first or second portable device [0088] as portable device(s) approach vehicle.
[0019]
The vehicle communication device 10 has a first communication unit 11 that uses radio waves
of a low first frequency, a second communication unit 12 that uses radio waves of a second
frequency that is higher than that of the first communication unit 11, a light control unit 13
that controls the lights of the vehicle 100, and a control unit 14 that performs overall control
of the device. The vehicle communication device 10 operates by receiving power from the battery of the
vehicle 100.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to try adding and using a mobile terminal as taught by NAOKI in the system of TETSUYA in order to reduce power consumption for instance, by way of using the mobile device alongside another vehicular mobile device/key device.
Re claim 16. TETSUYA discloses [0008] the vehicular electronic key system according to claim 15, wherein the position estimation unit is configured to acquire information, which indicates a reception strength of the wake signal, from the vehicular mobile device, and determine the position of the vehicular mobile device further based on the reception strength of the wake signal by the vehicular mobile device, in addition to the statuses of signal reception from the vehicular mobile device in the plurality of first communication units.
Re claim 18. TETSUYA as modified by SANJI and NAOKI and KHAN (as applied for claim 1) discloses a vehicular electronic key system, in which an in-vehicle-system is configured to perform predetermined vehicle control by performing short-range communication, which is wireless communication in compliance with a predetermined communication standard using a radio wave in a first frequency band, with a key device, which is a device to be used as a key of a vehicle, the in-vehicle system comprising:
a plurality of first communication units that are communication modules configured to perform the short-range communication;
at least one second communication unit that is a communication module configured to
transmit a predetermined wake signal, which is a wireless signal in a second frequency band different from the first frequency band, and
temporarily transition a vehicular mobile device, which is a dedicated device to operate the vehicle, to a state where the short-range communication is possible; and
at least one of (i) a circuit and (ii) a processor having a memory storing computer program code (implicitly – all the functions of the claim require at least one circuit combined to operate with processor and memory to complete operations properly – see TETSUYA – FIG.1), wherein the at least one of the circuit and the processor having the memory is configured to cause the vehicular electronic key system to
store information on the key device,
control an operation of each of the first communication units and the second communication unit,
determine a position of the key device with respect to the vehicle, based on statuses of signal reception from the key device by the plurality of first communication units,
authenticate a user based on data received from the key device by the first communication units,
register, as the key device, each of the vehicular mobile device and a mobile terminal, which is a versatile information processing device capable of performing the short-range communication,
change, when the mobile terminal is registered as the key device, the operation of the second communication unit, according to the position of the mobile terminal as determined,
determine, based on statuses of signal reception from the mobile terminal by the plurality of first communication units, whether the mobile terminal is present in a distant area, which is distant from the vehicle by a predetermined distance or more, or in an area, which is distant from the vehicle by a distance less than the predetermined distance, and
based on determination that the mobile terminal is present in the distant area, cause the second communication unit to periodically transmit the wake signal at predetermined polling intervals, and
based on determination that the mobile terminal is present in the area, which is distant from the vehicle by the distance less than the predetermined distance, set the polling intervals of the wake signal to be longer than the polling intervals when the mobile terminal is determined to be present in the distant area.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over TETSUYA et al. (JP2019065624A – version of machine translation relied on for examination is attached) in view of SANJI et al. (US 20210168563 A1) further in view of NAOKI et al. (JP2016022922A) further in view of KHAN et al. (US 20140285319 A1) and further in view of BARLEV (US 10477350 B2).
Re claim 4. TETSUYA further discloses the vehicular electronic key system according to claim 1, wherein the second communication unit includes a plurality of second communication units (transmitting antennas 22a and 23a) located at different positions in the vehicle (FIG.1) having different transmission ranges for the wake signal (FIG.1 – clearly different transmission ranges would operate for each antenna given that they are placed in different locations of vehicle and facing outwards of vehicle i.e. pointing for areas which are different ranges (A1/A2).
However, TETSUYA as modified by SANJI and NAOKI and KHAN fails to explicitly disclose:
the position estimation unit is configured to specify position coordinates of the mobile terminal with respect to the vehicle based on the statuses of signal reception from the mobile terminal by the plurality of first communication units.
BARLEV teaches (abstract) in a similar field of invention, (claim 8) wherein a position estimation is performed by specifying position coordinates of a mobile terminal with respect to the detectors based on the statuses of signal reception. One of ordinary skill in the art this is commonly performed operation.
A person of ordinary skill in the art would have had good reason to pursue the known options of trying to use signal reception to determine position coordinates for the purpose of more precise position estimation.
Furthermore, given the above combination, TETSUYA clearly would disclose the communication control unit is configured to cause the second communication unit, which has the transmission range not including the position coordinates of the mobile terminal specified by the position estimation unit, to periodically transmit the wake signal (given that communication unit(s) 22/23 perform communication periodically [0030] for both areas A1/A2.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over TETSUYA et al. (JP2019065624A – version of machine translation relied on for examination is attached) in view of SANJI et al. (US 20210168563 A1) further in view of NAOKI et al. (JP2016022922A) further in view of KHAN et al. (US 20140285319 A1) further in view of LUO et al. (US 7545259 B2).
Re claim 5. However, TETSUYA as modified by SANJI and NAOKI and KHAN fails to explicitly disclose:
the vehicular electronic key system according to claim 1, wherein the communication control unit is configured to specify, based on an input signal from a member that is to be operated by the user, an operation member position, which is a position of a member operated by the user, and cause the second communication unit to transmit the wake signal based on a mismatch between the operation member position and the position of the mobile terminal.
Under BRI, LUO teaches (abstract) in similar field of invention, a Vehicle Locating Using GPS (FIG.1) wherein the system (FIG.2) a communicate control unit configures to, based on input signal from a member (button) operated by a user, an operation member position (i.e. position of GPS unit and corresponding circuits for operation), a position (i.e. position of button as be pressed) of the member operated by the user and causing communication unit to transmit a wake up signal (i.e. steps 56-60 – which ultimately activates operation and communication of vehicle’s GPS unit once user uses locating button wherein a difference in vehicle and fob/mobile terminal has been determined – c.3, l.9-43) based on a mismatch or change of position of mobile terminal carried in a position different from vehicle, to that of position of button. (claim 1) (“…vehicle locating system for utilizing a fob to direct a user to a vehicle… GPS units included on the vehicle and the fob that are respectively configured to determine GPS coordinates for the vehicle and fob, the GPS units being configured to activate at approximately the same time so as to facilitate determining a direction to the vehicle as a function of commonly inaccurate GPS coordinates: and transmitting a wake up signal to the vehicle GPS unit in response to actuation of a locating button on the fob, the wake up signal used to facilitate activating the vehicle GPS unit, wherein the activating of the vehicle GPS unit and the fob GPS is defined to be at approximately the same time if both of the vehicle and fob GPS transmit requests for GPS coordinates to a GPS satellite at approximately the same time.”)
A person of ordinary skill in the art would have had good reason to pursue the known options of trying to use at least one member, such as a button on a fob/mobile terminal for instance, to operate in conjunction with a communication unit of vehicle while a location difference determination between vehicle and mobile terminal for the purpose of assisting user to find a vehicle using a communication unit which wakes up after an operation by a user.
Claim(s) 6 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over TETSUYA et al. (JP2019065624A – version of machine translation relied on for examination is attached) in view of SANJI et al. (US 20210168563 A1) further in view of NAOKI et al. (JP2016022922A) further in view of KHAN et al. (US 20140285319 A1) and further in view of KUGUMIYA et al. (US 20050177284 A1).
Re claim 6. TETSUYA further discloses [0038] in the key information storage unit (i.e. 21a), a device ID (key code is a code unique to the portable device 13), which is an identifier of the registration target device together with a device type information (i.e. unique code).
However, TETSUYA as modified by SANJI and NAOKI and KHAN fails to explicitly disclose:
the vehicular electronic key system according to claim 1, wherein the in-vehicle system further includes:
a device management unit configured to manage information on a device registered as the key device, and the device management unit is configured to display, on a predetermined display, a device registration screen, which is a screen for newly registering the key device, based on an operation signal of the user output from an input device, newly register, as the key device, the mobile terminal or the vehicular mobile device based on the operation signal of the user from the input device during the display of the device registration screen, acquire, as device type information, whether a registration target device, which is a device to be newly registered as the key device, is the vehicular mobile device, based on the signal from the input device, and store, in the key information storage unit, a device ID, which is an identifier of the registration target device together with the device type information.
KUGUMIYA teaches (abstract) an in-vehicle system [0073] further includes:
a device management unit (i.e. FIG.1 – 12-1) configured to manage information on a device 12 registered as the key device [0116], and the device management unit is configured to display, on a predetermined display 21, a device registration screen [0159], which is a screen for newly registering the key device [0159], based on an operation signal of the user output from an input device (operation input portion 55), newly register, as the key device, the mobile terminal or the vehicular mobile device based on the operation signal of the user from the input device during the display of the device registration screen (i.e. any device is considered to be possible to serve as key as explained above), acquire, as device type information, whether a registration target device, which is a device to be newly registered as the key device (communication terminal processes all kinds of identification information for properly identifying a new key), is the vehicular mobile device, based on the signal from the input device, and store, in the key information storage unit, a device ID, which is an identifier of the registration target device together with the device type information (i.e. any type of data including device data inputting by user).
PHOSITA would understand that in order to properly register a target device, such as mobile device, requires at least one type of identification information clearly identifying such mobile device, such as required by the memory storage 21a of TETSUYA [0031].
A person of ordinary skill in the art would have had good reason to pursue the known options of using an on-board vehicle system including a screen for user input so that a user can register a new mobile device as a new key for a vehicle as needed using appropriate device type information and device ID. It would require no more than "ordinary skill and common sense," to use such specific data which properly identifies device with vehicle.
Re claim 8. TETSUYA discloses [0038, 0043-0045] the vehicular electronic key system according to claim 6, wherein the communication control unit is configured to change the operation of the second communication unit based on whether the vehicular mobile device is registered as the key device in the key information storage unit (given that control unit is configured to control operation of second communication unit based on properly registered mobile device).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over TETSUYA et al. (JP2019065624A – version of machine translation relied on for examination is attached) in view of SANJI et al. (US 20210168563 A1) further in view of NAOKI et al. (JP2016022922A) further in view of KHAN et al. (US 20140285319 A1) further in view of KUGUMIYA et al. (US 20050177284 A1) further in view of LEE (US 20150325067 A1).
However, TETSUYA as modified by SANJI and NAOKI and KHAN and KUGUMIYA fails to explicitly disclose:
Re claim 7. the vehicular electronic key system according to claim 6, wherein the device management unit is configured to delete the vehicular mobile device from a list of the key devices based on the signal from the input device.
LEE teaches (abstract) wherein [0071-0073] a management unit 135 to manage registered keys is configured with, a display 134 (FIG.5), wherein a user can register and delete a previously registered authentication key as needed or desired.
A person of ordinary skill in the art would have had good reason to pursue the known options of using deleting or unregistering an unwanted or unneeded mobile device as a key.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over TETSUYA et al. (JP2019065624A – version of machine translation relied on for examination is attached) in view of SANJI et al. (US 20210168563 A1) further in view of NAOKI et al. (JP2016022922A) further in view of KHAN et al. (US 20140285319 A1) further in view of KUGUMIYA et al. (US 20050177284 A1) further in view of JEFFERIES et al. (US 8768565 B2).
Re claim 9. However, TETSUYA as modified by SANJI and NAOKI and KHAN and KUGUMIYA fails to explicitly disclose:
the vehicular electronic key system according to claim 6, wherein the communication control unit is configured not to operate the second communication unit when the vehicular mobile device is not registered as the key device in the key information storage unit.
JEFFERIES teaches (abstract) in a similar field of invention, using a temporary access code (FIG.9) which is disposed after a period of time (step 1018) such that the code is no longer registered as a key.
A person of ordinary skill in the art would have had good reason to pursue the known options of not operating any communication unit further given that a mobile device is not registered properly for improved security.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over TETSUYA et al. (JP2019065624A – version of machine translation relied on for examination is attached) in view of SANJI et al. (US 20210168563 A1) further in view of NAOKI et al. (JP2016022922A) further in view of KHAN et al. (US 20140285319 A1) further in view of KUGUMIYA et al. (US 20050177284 A1) and further in view of DAVIES (AU 610234 B2).
Re claim 10. However, TETSUYA as modified by SANJI and NAOKI and KHAN and KUGUMIYA fails to explicitly disclose:
the vehicular electronic key system according to claim 6, wherein the device management unit is configured to display, on the display, a screen proposing to delete the vehicular mobile device from a list of the key devices, when the short-range communication has not been performed with the vehicular mobile device for a predetermined period or longer, in a state where the vehicular mobile device is registered as the key device in the key information storage unit.
DAVIES teaches (abstract) a data management system wherein such system prompts a user on a display screen, a proposal to delete from a data list, an old data list, which may no longer be relevant.
If an existing order list is detected then a prompt of "OK to add to list or new list" will be displayed. If "OK" is entered then the unit will prepare itself to accept new items codes or if new list is entered from the bar code. the prompt of "OK TO DELETE OLD LIST?" on the visual display unit is displayed.
A person of ordinary skill in the art would have had good reason to pursue the known options of using a screen proposing to delete the vehicular mobile device from a list of the key devices, once that vehicle mobile device is no longer needed or has not been used in a long time, for the purpose of reducing data storage space or removing old data (i.e. unique codes for mobile devices) to clear up any unwanted mobile devices for further operations.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over TETSUYA et al. (JP2019065624A – version of machine translation relied on for examination is attached) in view of SANJI et al. (US 20210168563 A1) further in view of NAOKI et al. (JP2016022922A) further in view of KHAN et al. (US 20140285319 A1) further in view of SAWADA et al. (US 20190147723 A1).
Re claim 12. However, TETSUYA as modified by SANJI and NAOKI and KHAN fails to explicitly disclose:
the vehicular electronic key system according to claim 1, wherein the communication control unit is configured to stop the second communication unit based on an instruction from an external server.
SAWADA teaches (abstract) in a similar field of invention; a server instructs a communication unit to stop a search function based on a command.
A person of ordinary skill in the art would have had good reason to pursue the known options of stopping a communication unit from transmission of polling signals for instance. It would require no more than "ordinary skill and common sense," to stop polling signals remotely from external server for the purpose reducing power consumption for example.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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CARLOS E. GARCIA
Primary Examiner
Art Unit 2686
/Carlos Garcia/Primary Examiner, Art Unit 2686 2/11/2026