NON-FINAL REJECTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim(s) 1-10 and 12-13 is/are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because claim 1 recites an abstract idea, given that claim 1 is drawn to a computer implemented method.
Claim 1 includes the following:
Mathematical concepts (including mathematical relationships/algorithms and data structures):
Offending clauses:
“generating, based on each measured distance, a region having an inner and an outer boundary” (geometric constructions/annular regions derived from distances).
“determining an overlap region according to an overlap of each of the regions” (set intersection/region overlap).
“generating … a plurality of overlap determination points; and
setting the overlap region according to a set of the plurality of overlap determination points being located within each of the regions” (computational geometry; point-in-region tests).
“determining the position … according to the overlap region” (deriving a location from geometric intersections).
Mental processes (observations, evaluations, and inferences that can, in principle, be performed in the human mind):
Offending clauses:
“determining an overlap region …” and
“determining the position … according to the overlap region” (determining intersections and inferring a location from overlapping regions can be performed conceptually on paper or in the mind, notwithstanding the “computer-implemented” recital).
Data gathering only:
Offending clause:
“receiving, from a plurality of sensors … a distance indication …” (collecting data is a data-gathering step).
Claim 2
Mathematical concepts (including mathematical relationships/algorithms and data structures) “wherein each of the plurality of overlap determination points is associated with one of the plurality of sensors.”
Claim 3
Mental processes (observations, evaluations, and inferences that can, in principle, be performed in the human mind) “setting a first subset of overlap determination points on the inner and outer boundary and/or between the inner and outer boundary of a first region; and
determining that a second subset of the first subset of overlap determination points is located on the inner and outer boundary and/or between the inner and outer boundary of a second region.”
Claim 4
Mental processes (observations, evaluations, and inferences that can, in principle, be performed in the human mind) “determining that the second subset of overlap determination points is located on the inner and outer boundary or between the inner and outer boundary of at least a third region.”
Claim 5
Mathematical concepts (including mathematical relationships/algorithms and data structures and calculations) “determining an average position based on a position of each of the set of the plurality of overlap determination points being located within each of the regions.”
Claim 6
Mathematical concepts (including mathematical relationships/algorithms and data structures) (computational geometry; point-in-region tests) “generating, for another of the plurality of sensors, a plurality of overlap determination points, and
setting the overlap region according to a set of the plurality of overlap determination points being located within each of the regions.”
Claim 7
Mathematical concepts (including mathematical relationships/algorithms and data structures and calculations) “determining, a second position, based on the average positions based on a position of each of the set of the plurality of overlap determination points, generated for another of the plurality of sensors, being located within each of the regions.”
Claim 8
Mathematical concepts (including mathematical relationships/algorithms and data structures and calculations) “shortening each measured distance by a predefined first value to determine the inner boundary of the respective region; and/or
prolonging each measured distance by a predefined second value to determine the outer boundary of the respective region.”
Claim 9
Mathematical concepts (including mathematical relationships/algorithms and data structures and calculations) “wherein receiving, from the plurality of sensors arranged at the vehicle, a distance indication from each sensor of the plurality of sensors includes:
measuring a distance between each of the plurality of sensor and the vehicle unlocking device based on a wireless signal.”
Claim 10
Mental processes (observations, evaluations, and inferences that can, in principle, be performed in the human mind) “wherein each region associated with one of the plurality of sensors is at least partly sphere-shaped.”
Claim 12 is rejected under the same reasoning as claim 1, additionally, the limitations of are considered not indicative of integration into a practical application nor are considered as significantly more, given that the claim combines mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea - see MPEP 2106.05(f).
Claim 13 is rejected under the same reasoning as claim 1, additionally, the limitations of memory and processor are considered not indicative of integration into a practical application nor are considered as significantly more, given that the claim combines mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea - see MPEP 2106.05(f).
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-14 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by KONG et al. (US 20200398787 A1).
Re claim 1. KONG discloses (abstract) a computer-implemented method [0033] for determining a position of a vehicle unlocking device (access device 14) relative to a position of a vehicle [0016], the method (FIG.1) comprising:
receiving, from a plurality of sensors arranged at the vehicle, a distance indication from each sensor of the plurality of sensors, each distance indication indicating a measured distance between the respective sensor and the vehicle unlocking device; (FIG.2 – step 201)
[0003] In some embodiments, a plurality of anchors may be distributed along the body in predetermined positions of a coordinate system. Each anchor of the plurality of anchors may be configured to measure a distance between the respective anchor and the access device for gathering ranging data of the measured distances from the plurality of anchors. An initial region of interest where the access device is located may be identified based on the ranging data. The initial region of interest may be optimized based on overlapping points in the ranging data. An initial location of the access device may be determined as in the interior or in an exterior region around the motor vehicle based on the optimized region of interest. An optimum location of the access device relative to the motor vehicle in the coordinate system may be determined based on whether the access device is determined to be in the interior or in the exterior region.
[0016] In an illustrative embodiment, the motor vehicle 100 also includes an exemplary access-control system 10 in accordance with the present disclosure used to control access to the various operating systems 106 of the motor vehicle 100 as suggested in FIG. 1. The access-control system 10 includes a plurality of measuring devices or anchors 12 mounted on (or coupled within) the motor vehicle 100 for detecting a location of an access device 14. In some embodiments, the access-control system 10 can operate as a passive keyless system with the access device 14 allowing activation of the operating systems 106 depending on a location of the access device 14 relative to the motor vehicle 100. In some embodiments, the anchors 12 communicate wirelessly with the access device 14 over one or more frequencies, such as Ultra-Wide Band (UWB), for collecting ranging data of the measured distance from the access device 14 to each anchor 12. In some embodiments, the measured distances are determined based on the Time of Flight (ToF), Difference Time of Flight (DToF), Angle of Arrival (AoA), and/or Received Signal Strength (RSS) of signals exchanged between the access device 14 and the anchors 12. In some embodiments, the access-control system 10 is configured to provide two way ranging (TWR) measurements between the anchors 12 and the access control device 14. A controller 17 uses the known positions of the anchors 12 and the collected ranging data to determine a position of the access device 14 relative to the motor vehicle 100, such as through triangulation, trilateration, or multilateration.
generating, based on each measured distance, a region having an inner and an outer boundary, each region being associated with one of the plurality of sensors; (FIG.3-4)
[0020] An exemplary method 200 in accordance with the present disclosure for determining the optimum location of the access device 14 relative to the motor vehicle 100, while minimizing the computational resources required and maximizing accuracy, is shown in FIG. 2. The method 200 begins with a measurement operation 201 where ranging data between the access device 14 and the anchors 12 is gathered. In some embodiments, the ranging data includes one or more measured distances between the access device 14 and each anchor 12. The one or more measured distances for an individual anchor 12 to the access device 14, alone, does not provide an indication of direction. A first localization operation 202 is performed to determine a region of interest where the access device 14 is located with the highest probability. For example, the measured distances from each anchor 12 can be used to define a circle (2D area in the X-Y plane of the coordinate system 30 for example) or sphere (3D volume in the coordinate system 30 for example) around each anchor 12. Intersecting and/or overlapping portions of the circles or spheres around the anchors 12 provide an indication of an approximate, initial location of the access device 14. In some embodiments, data vectorization is used to determine the region of interest 16, 18.
[0021] The initial regions of interest 16, 18 can assume different shapes and volumes depending on the initial location of the access device 14 as suggested in FIGS. 3 and 4. For example, with the access device 14 located in the exterior region 109, overlapping ranging data 22, 24 for two anchors 12a, 12b can be used to determine an initial region of interest 16 that is essentially diamond shaped (across the X-Y plane in the coordinate system 30 for example) as shown in FIG. 3. In another example, with the access device 14 located in the interior 104, overlapping ranging data 26, 28 for two anchors 12c, 12d can be used to determine an initial region of interest 18 that is essentially shaped as a convex lens (across the X-Y plane in the coordinate system 30 for example) as shown in FIG. 4. The different areas and shapes of the initial regions of interest 16, 18 can present difficulties in determining an optimum location of the access device 14.
[0029] An exemplary method 300 for determining the initial location of the access device 14 inside or outside of the motor vehicle 100 is shown in FIG. 7. The method 300 begins with a data identification operation 301 where ranging data, anchor positions, and other definitions are identified for use in determining the initial location of the access device 14. In some embodiments, certain anchors 12 are designated as “outside” anchors and come as “inside” anchors depending on their location on the motor vehicle 100. For example, the anchors 12 closest to the exterior region 109 can be designated as the “outside” anchors and the remaining anchors 12 designated as the “inside” anchors. In a sorting operation 302, the ranging data is sorted down to at least two anchors 12 (three in the illustrative embodiment) with the lowest measured distances to the access device 14. In a bounding operation 303 of the method 300, a boundary is determined where the lowest measured distance is used as a center point and a mean ranging value (e.g., from the three lowest measured distances) define a height and width of the boundary in 2D space or a height, width, and depth of the boundary in 3D space.
determining an overlap region according to an overlap of each of the regions (FIG.3-4 – steps 202-203); and
[0020] An exemplary method 200 in accordance with the present disclosure for determining the optimum location of the access device 14 relative to the motor vehicle 100, while minimizing the computational resources required and maximizing accuracy, is shown in FIG. 2. The method 200 begins with a measurement operation 201 where ranging data between the access device 14 and the anchors 12 is gathered. In some embodiments, the ranging data includes one or more measured distances between the access device 14 and each anchor 12. The one or more measured distances for an individual anchor 12 to the access device 14, alone, does not provide an indication of direction. A first localization operation 202 is performed to determine a region of interest where the access device 14 is located with the highest probability. For example, the measured distances from each anchor 12 can be used to define a circle (2D area in the X-Y plane of the coordinate system 30 for example) or sphere (3D volume in the coordinate system 30 for example) around each anchor 12. Intersecting and/or overlapping portions of the circles or spheres around the anchors 12 provide an indication of an approximate, initial location of the access device 14. In some embodiments, data vectorization is used to determine the region of interest 16, 18.
determining the position of the vehicle unlocking device according to the overlap region (FIG.2 – step 206),
[0027] A second localization operation 205 in the method 200 may be performed based on the determined initial location of the access device 14 and respective optimized region of interest 11, 13 as suggested in FIG. 2. In an operation 206 of the method 200, the optimum location of the access device 14 relative to the motor vehicle 100 (e.g., in the coordinate system 30) may be determined based on the second localization operation 205. In some embodiments, the first and/or second localization operations 202, 205 can be based on triangulation, trilateration, or multilateration, and use one or more data computation schemes, such as Total Least Squares (TLS), Constrained Total Least Squares (CTLS), and/or Centroid processes among others. In some embodiments, the second localization operation 205 performed when the initial location of the access device 14 is inside the motor vehicle 100 can be different than the second localization operation 205 performed when the initial location of the access device 14 is outside the motor vehicle 100.
[0028] The optimum location of the access device 14 can then be used to allow or deny activation of one or more operating systems 106 of the motor vehicle 100. The accuracy in 2D and 3D space can be affected by the number and distribution (X, Y, Z) of anchors 12 in the motor vehicle 100, and the ranging performance of the anchors 12 and/or access device 14. The structure of the body 102 can limit the locations where the anchors 12 can be mounted, and the structures and materials of the motor vehicle 100 can also affect the ranging performance of the anchors 12.
wherein determining the overlap region according to the overlap of each of the regions includes:
generating, for at least one of the plurality of sensors, a plurality of overlap determination points; and (FIG.8)
[0022] An optimization operation 203 of the method 200 (shown in FIG. 2) in accordance with the present disclosure filters the ranging data used in determining the initial regions of interest 16, 18 to define optimized regions of interest 11, 13, respectively, as suggested in FIG. 1. For example, an initial region of interest 18 including a plurality of potential locations 32 for the access device 14 in the coordinate system 30 is shown in FIG. 5. This presents a significant amount of information to process for finding the optimum location 34 of the access device 14. An optimized region of interest 13, including a plurality of candidate locations 36 less than the number of potential locations 32 in the initial region of interest 18, is shown in FIG. 6. In some embodiments, the candidate locations 36 are determined based on overlapping points in the ranging data having a lowest error. In some embodiments, the optimization of the initial region of interest 16 can be different than the optimization of the initial region of interest 18 based on the determined initial location of the access device 14 (i.e., inside or outside of the motor vehicle 100) because of the potential differences in shape and volume of the initial regions of interest 16, 18 as suggested in FIGS. 3 and 4.
[0023] In some embodiments, the optimization operation 203 is based on correcting the ranging data. For example, the initial region of interest 16, 18 is determined from the ranging data of the anchors 12 to the access device 14. Prime candidate points are selected from within the region of interest and ranging data from the prime candidate points to the beacons is computed. A linear function is built between the original ranging data and the prime candidate ranging data, and the linear function is used to correct the original ranging data. The corrected ranging data can then be processed in finding the optimum location of the access device 14. In some embodiments, the optimization operation 203 is based on searching for a minimum error in the initial region of interest 16, 18, such as using Gradient Descent or Exhaustive Search processes. In some embodiments, the minimum error is determined using the equation:
setting the overlap region according to a set of the plurality of overlap determination points being located within each of the regions. (FIG.8)
[0003] In some embodiments, a plurality of anchors may be distributed along the body in predetermined positions of a coordinate system. Each anchor of the plurality of anchors may be configured to measure a distance between the respective anchor and the access device for gathering ranging data of the measured distances from the plurality of anchors. An initial region of interest where the access device is located may be identified based on the ranging data. The initial region of interest may be optimized based on overlapping points in the ranging data. An initial location of the access device may be determined as in the interior or in an exterior region around the motor vehicle based on the optimized region of interest. An optimum location of the access device relative to the motor vehicle in the coordinate system may be determined based on whether the access device is determined to be in the interior or in the exterior region.
Re claim 2. KONG discloses [0030-0031] the method of claim 1 wherein each of the plurality of overlap determination points is associated with one of the plurality of sensors.
Re claim 3. KONG discloses (FIG.1-8) the method of claim 1 wherein generating the overlap region includes:
setting a first subset of overlap determination points on the inner and outer boundary and/or between the inner and outer boundary of a first region; and [0016-0032]
determining that a second subset of the first subset of overlap determination points is located on the inner and outer boundary and/or between the inner and outer boundary of a second region. [0016-0032]
Re claim 4. KONG discloses [0016-0032] the method of claim 3 further comprising:
determining that the second subset of overlap determination points is located on the inner and outer boundary or between the inner and outer boundary of at least a third region.
Re claim 5. KONG discloses [0030-0034] the method of claim 1 wherein determining the position of the vehicle unlocking device according to the overlap region further includes:
determining an average position based on a position of each of the set of the plurality of overlap determination points being located within each of the regions.
Re claim 6. KONG discloses [0020-0023] the method of claim 1 wherein determining the overlap region according to the overlap of each of the regions includes:
generating, for another of the plurality of sensors, a plurality of overlap determination points, and setting the overlap region according to a set of the plurality of overlap determination points being located within each of the regions.
Re claim 7. KONG discloses [0029, 0034, 0039] the method of claim 5 wherein determining the position of the vehicle unlocking device according to the overlap region further includes:
determining, a second position, based on the average positions based on a position of each of the set of the plurality of overlap determination points, generated for another of the plurality of sensors, being located within each of the regions.
Re claim 8. KONG discloses [0029-0032] the method of claim 1 wherein generating a region includes:
shortening each measured distance by a predefined first value to determine the inner boundary of the respective region; and/or
prolonging each measured distance by a predefined second value to determine the outer boundary of the respective region.
Re claim 9. KONG discloses [0016] the method of claim 1 wherein receiving, from the plurality of sensors arranged at the vehicle, a distance indication from each sensor of the plurality of sensors includes:
measuring a distance between each of the plurality of sensor and the vehicle unlocking device based on a wireless signal.
Re claim 10. KONG discloses (FIG.1 and 3-4) the method of claim 1 wherein each region associated with one of the plurality of sensors is at least partly sphere-shaped.
Re claim 11. KONG discloses [0017] The method of claim 1 further comprising:
determining an operating instruction based on the determined position of the vehicle unlocking device for at least one of:
unlocking one or more doors of the vehicle, switching on the vehicle, or initiating an operation command for a device of the vehicle.
Re claim 12. KONG discloses (as applied for claim 1) a non-transitory computer-readable medium comprising instructions including: receiving, from a plurality of sensors arranged at a vehicle, a distance indication from each sensor of the plurality of sensors, each distance indication indicating a measured distance between the respective sensor and a vehicle unlocking device; generating, based on each measured distance, a region having an inner and an outer boundary, each region being associated with one of the plurality of sensors; determining an overlap region according to an overlap of each of the regions; and determining a position of the vehicle unlocking device according to the overlap region, wherein determining the overlap region according to the overlap of each of the regions includes: generating, for at least one of the plurality of sensors, a plurality of overlap determination points; and setting the overlap region according to a set of the plurality of overlap determination points being located within each of the regions.
Re claim 13. KONG discloses (as applied for claim 1) an apparatus comprising: a memory medium configured to store instructions: and a processor configured to execute the instructions, wherein the instructions include: receiving, from a plurality of sensors arranged at a vehicle, a distance indication from each sensor of the plurality of sensors, each distance indication indicating a measured distance between the respective sensor and a vehicle unlocking device; generating, based on each measured distance, a region having an inner and an outer boundary, each region being associated with one of the plurality of sensors; determining an overlap region according to an overlap of each of the regions; and determining a position of the vehicle unlocking device according to the overlap region, wherein determining the overlap region according to the overlap of each of the regions includes: generating, for at least one of the plurality of sensors, a plurality of overlap determination points; and setting the overlap region according to a set of the plurality of overlap determination points being located within each of the regions.
Re claim 14. KONG discloses (FIG.1) a vehicle comprising: the apparatus of claim 13.
Conclusion
The prior art made of record in PTO-892 Form and not relied upon is considered pertinent to applicant’s disclosure.
HIROSE et al. (US 20220161759 A1) teaches in a similar field of invention, a position estimation for a mobile terminal used with a vehicle (FIG.1).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CARLOS E GARCIA whose telephone number is (571)270-1354. The examiner can normally be reached M-Th 9-6pm F 9-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Zimmerman can be reached at (571) 272-3059. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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CARLOS E. GARCIA
Primary Examiner
Art Unit 2686
/Carlos Garcia/Primary Examiner, Art Unit 2686 12/11/2025