DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
Applicant's arguments filed 02/18/2026 have been fully considered but they are not persuasive. Applicant argues that nowhere do the cited references disclose or suggest “receiving...an original location signal of the location signal transmitted by the identification transmitter and at least one received reflected location signal of the location signal transmitted by the identification transmitter" the second claim element of claim 11. The Applicant specifically argues that US 2001/0005170 ("Heide") fails to disclose the claim element because the signal sent from the location signal transmitter is not an “original signal” since the location signal transmitter first receives a transmission from the vehicle unit, modulates it and transmits a signal to the vehicle unit (Pg. 2, lines 1-13). The argument is not persuasive because the meaning of ‘original’ signal as used in the specification is clearly limited to a direct path signal between the identification (location signal in Heide) transmitter and functional device (Specification, Pg. 2, lines 27-30; In the context of the present invention, the original location signal is a location signal of the identification transmitter, which reaches the functional device from the identification transmitter via a direct path.). According to that definition of ‘original signal’, the disclosure of Heide anticipates the teachings of the instant application. As explained in the 35 U.S.C. §102 below, Heide’s upper sideband (42) is a direct signal from the code transmitter and presented in contrast to the “other maximums representing reflected signals (Fig. 3, [0023] The first maximum (the closest to the modulation frequency f.sub.M in FIG. 3) of the upper sideband 42 is a direct echo signal from the code transmitter 30. The other maximums represent additional reflections on objects. Their delay time to the transmitting and receiving unit 20 is greater. They thus occur at higher frequencies. Examiner’s note: original and reflected signals reference the signal along the direct path between the identification transmitter and the functional device as explained in the specification of the instant application: Pg. 2, lines 27-30; In the context of the present invention, the original location signal is a location signal of the identification transmitter, which reaches the functional device from the identification transmitter via a direct path.). The Examiner respectfully reminds the applicant that they failed to address the sections of Heide used to read on the claim element in question.
The Applicant adds new claims 21-23 which will be addressed in the 35 U.S.C. §102 rejections below.
Specification
The disclosure is objected to because of the following informalities:
In paragraph [0014], line 3, “OWB” should read “UWB”
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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.
Claim(s) 11-14, 16 , 21-23 and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Heide et al. (US PG Pub. 20010005170).
Regarding claim 11, Heide discloses a method for locating an identification transmitter of a motor vehicle using a functional device of the motor vehicle, the method comprising:
transmitting, by the identification transmitter, a location signal (Fig. 2, code transmitter 30, [0009] a code transmitter adapted to be portable with respect to the motor vehicle);
receiving, by the functional device (Fig. 2, transmitting and receiving unit 20, [0017] Referring initially to FIGS. 1 and 2, a transmitting and receiving unit 20, which is arranged in the vehicle 10), an original location signal of the location signal transmitted by the identification transmitter and at least one received reflected location signal of the location signal transmitted by the identification transmitter (Fig. 3, [0023] The first maximum (the closest to the modulation frequency f.sub.M in FIG. 3) of the upper sideband 42 is a direct echo signal from the code transmitter 30. The other maximums represent additional reflections on objects. Their delay time to the transmitting and receiving unit 20 is greater. They thus occur at higher frequencies. Examiner’s note: original and reflected signals reference the signal along the direct path between the identification transmitter and the functional device as explained in the specification of the instant application: Pg. 2, lines 27-30; In the context of the present invention, the original location signal is a location signal of the identification transmitter, which reaches the functional device from the identification transmitter via a direct path.);
respectively determining, by the functional device, a distance to the identification transmitter using the received original location signal and the at least one received reflected location signal ([0030] Distance-measuring microwave systems that use echo profiles (such as those illustrated in FIGS. 3 and 4A to 4F) can be used to determine the position of the code transmitter 30);
checking, by the functional device, whether the received at least one reflected location signal corresponds to a short-range reflection of the transmitted location signal using the distances of the identification transmitter determined using the received original location signal and the received at least one received reflected location signal ([0039] distance measurement methods that are based on distance measured values and/or the transmitted power can also be used to determine the position of the code transmitter 30.); and
locating, by the functional device, the identification transmitter depending on whether or not the at least one received reflected location signal corresponds to a short-range reflection of the transmitted location signal ([0030] Distance-measuring microwave systems that use echo profiles (such as those illustrated in FIGS. 3 and 4A to 4F) can be used to determine the position of the code transmitter 30, and thus to identify whether the code transmitter 30 is located inside or outside the motor vehicle 10. Figs. 4C and 4F for “internal echo profiles” and Figs. 4B and 4E for “external echo profiles”).
Regarding claim 21, Heide discloses the method of claim 11, wherein the received at least one reflected location signal corresponds to the short-range reflection of the transmitted location signal when a difference between the distance of the received original location signal and the distance of the received at least one received reflected location signal ([0066] During the classification of the echo profile, the position of the code transmitter 30 relative to the vehicle is determined based on one or more distance measured values that are supplied by the transmitting and receiving units 20 that detect the code transmitter 30. This position value(s) and the classification results from the first echo profile classification, together with the amplitude values of the relevant echoes and results from previous measurements, are supplied to the central evaluation unit, which decides whether the code transmitter 30 is located inside or outside the motor vehicle 10.) do not differ by a factor not exceeding a predetermined threshold factor, or an amount not exceeding a predetermined threshold amount ([0026] If the code transmitter 30 is authorized and it is located within a predetermined range around the motor vehicle, then appropriate actions are controlled, such as unlocking or locking door locks, disabling or enabling the immobilizer, closing windows, unlocking or locking the trunk, unlocking or locking the tank filler cap, etc.).
Regarding claim 12, Heide discloses method of claim 21, wherein the functional device locates the identification transmitter as being in the motor vehicle if the at least one received reflected location signal corresponds to a short-range reflection of the transmitted location signal; and outside of the motor vehicle if the at least one received reflected location signal does not correspond to a short-range reflection of the transmitted location signal ([0030] Distance-measuring microwave systems that use echo profiles (such as those illustrated in FIGS. 3 and 4A to 4F) can be used to determine the position of the code transmitter 30, and thus to identify whether the code transmitter 30 is located inside or outside the motor vehicle 10.).
Regarding claim 13, Heide discloses the method of claim 21, wherein the functional device compares the distances of the identification transmitter determined using the received original location signal and the received at least one received reflected location signal with one another ([0039] distance measurement methods that are based on distance measured values and/or the transmitted power can also be used to determine the position of the code transmitter 30.), and wherein, based on the comparison, the functional device determines whether the at least one received reflected location signal corresponds to a short-range reflection of the transmitted location signal (Figs. 4C and 4F for “internal echo profiles” and Figs. 4B and 4E for “external echo profiles”).
Regarding claim 14, Heide discloses the method of claim 21 wherein the functional device determines a number of received short-range reflections of the transmitted location signal, locates the identification transmitter as being in the motor vehicle ([0030] Echo profiles represent the strength (amplitude) of the reflections of the transmitted signal as a function of a distance between an object and the transmitting and receiving unit 20. The maximums in such an echo profile may be associated with reflective objects or reflector arrangements, in which case the reflection characteristics of the objects can be determined from the form of the echo profile and the amplitude of the maximum, and the object distance can be determined from the position of the maximum.) if the determined number of received short-range reflections of the transmitted location signal exceeds a pre-determined threshold number, and locates the identification transmitter as being outside of the motor vehicle if the number of determined short-range reflections of the transmitted location signal does not exceed the pre-determined threshold number ([0031] The determination of the maximums and their features (for example position, amplitude and form) can be carried out either by analogue or digital circuits (threshold or peak-value detectors, comparators, counters, filters or the like) or in conjunction with digital recording of the echo profile by means of a computation unit.).
Regarding claim 16, Heide discloses a functional device of a motor vehicle for locating an identification transmitter of the motor vehicle, the functional device (Figs. 1 and 2, transmitting and receiving unit 20) comprising:
at least one receiving unit configured to receive an original location signal of a location signal transmitted by the identification transmitter and at least one received reflected location signal of the location signal transmitted by the identification transmitter (Fig. 2, transceiver 23 (TRX)); and
an evaluation unit configured to evaluate the received location signals by respectively determining a distance to the identification transmitter using the received original location signal and the at least one received reflected location signal ([0064] The microprocessor 27 provides an evaluation unit or classifier that evaluates the echo profiles and carries out the echo profile classification process described above.);
checking whether the received at least one reflected location signal corresponds to a short-range reflection of the transmitted location signal using the distances of the identification transmitter determined using the received original location signal and the received at least one received reflected location signal ([0039] distance measurement methods that are based on distance measured values and/or the transmitted power can also be used to determine the position of the code transmitter 30.); and
locating the identification transmitter depending on whether or not the at least one received reflected location signal corresponds to a short-range reflection of the transmitted location signal ([0030] Distance-measuring microwave systems that use echo profiles (such as those illustrated in FIGS. 3 and 4A to 4F) can be used to determine the position of the code transmitter 30, and thus to identify whether the code transmitter 30 is located inside or outside the motor vehicle 10. Figs. 4C and 4F for “internal echo profiles” and Figs. 4B and 4E for “external echo profiles”).
22. (New) The functional device of claim 16, wherein the received at least one reflected location signal corresponds to the short-range reflection of the transmitted location signal when a difference between the distance of the received original location signal and the distance of the received at least one received reflected location signal ([0066] During the classification of the echo profile, the position of the code transmitter 30 relative to the vehicle is determined based on one or more distance measured values that are supplied by the transmitting and receiving units 20 that detect the code transmitter 30. This position value(s) and the classification results from the first echo profile classification, together with the amplitude values of the relevant echoes and results from previous measurements, are supplied to the central evaluation unit, which decides whether the code transmitter 30 is located inside or outside the motor vehicle 10.) do not differ by a factor not exceeding a predetermined threshold factor, or an amount not exceeding a predetermined threshold amount ([0026] If the code transmitter 30 is authorized and it is located within a predetermined range around the motor vehicle, then appropriate actions are controlled, such as unlocking or locking door locks, disabling or enabling the immobilizer, closing windows, unlocking or locking the trunk, unlocking or locking the tank filler cap, etc.).
Regarding claim 18, Heide discloses a motor vehicle (Fig. 1, motor vehicle 10), comprising:
an identification transmitter configured to transmit a location signal (Fig. 2, code transmitter 30, [0009] a code transmitter adapted to be portable with respect to the motor vehicle); and
a functional device configured to locate the identification transmitter (Figs. 1 and 2, transmitting and receiving unit 20), wherein the functional device comprises
at least one receiving unit configured to receive an original location signal of a location signal transmitted by the identification transmitter and at least one received reflected location signal of the location signal transmitted by the identification transmitter (Fig. 2, transceiver 23 (TRX)); and
an evaluation unit configured to evaluate the received location signals by respectively determining a distance to the identification transmitter using the received original location signal and the at least one received reflected location signal ([0064] The microprocessor 27 provides an evaluation unit or classifier that evaluates the echo profiles and carries out the echo profile classification process described above.);
checking whether the received at least one reflected location signal corresponds to a short-range reflection of the transmitted location signal using the distances of the identification transmitter determined using the received original location signal and the received at least one received reflected location signal ([0039] distance measurement methods that are based on distance measured values and/or the transmitted power can also be used to determine the position of the code transmitter 30.); and
locating the identification transmitter depending on whether or not the at least one received reflected location signal corresponds to a short-range reflection of the transmitted location signal ([0030] Distance-measuring microwave systems that use echo profiles (such as those illustrated in FIGS. 3 and 4A to 4F) can be used to determine the position of the code transmitter 30, and thus to identify whether the code transmitter 30 is located inside or outside the motor vehicle 10. Figs. 4C and 4F for “internal echo profiles” and Figs. 4B and 4E for “external echo profiles”).
23. (New) The motor vehicle of claim 18, wherein the received at least one reflected location signal corresponds to the short-range reflection of the transmitted location signal when a difference between the distance of the received original location signal and the distance of the received at least one received reflected location signal([0066] During the classification of the echo profile, the position of the code transmitter 30 relative to the vehicle is determined based on one or more distance measured values that are supplied by the transmitting and receiving units 20 that detect the code transmitter 30. This position value(s) and the classification results from the first echo profile classification, together with the amplitude values of the relevant echoes and results from previous measurements, are supplied to the central evaluation unit, which decides whether the code transmitter 30 is located inside or outside the motor vehicle 10.) do not differ by a factor not exceeding a predetermined threshold factor, or an amount not exceeding a predetermined threshold amount ([0026] If the code transmitter 30 is authorized and it is located within a predetermined range around the motor vehicle, then appropriate actions are controlled, such as unlocking or locking door locks, disabling or enabling the immobilizer, closing windows, unlocking or locking the trunk, unlocking or locking the tank filler cap, etc.).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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) 15 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Heide in view of Ziller (US PG Pub. 20210166508).
Regarding claims 15 and 17, Heide discloses the method of claim 21 and the functional device of claim 22. Heide fails to teach wherein the transmitted location signal is an ultra-wideband (UWB) location signal and the at least one receiving unit of the functional device is configured to receive the transmitted location signal as an ultra-wideband (UWB) location signal.
However, Ziller teaches a vehicle and portable ID transmitter communications system (Abstract, A communications system of a vehicle that enables the vehicle to communicate with a portable ID transmitter of an operator, which is configured for UWB communication.) wherein the transmitted location signal is an ultra-wideband (UWB) location signal ([0072] The UWB communication takes place by means of the UWB transceiver 5 of the ID transmitter 3.) and the at least one receiving unit of the functional device is configured to receive the transmitted location signal as an ultra-wideband (UWB) location signal ([0070] The communications system 1 has a first UWB receiver 6).
Heide and Ziller are both considered to be analogous to
the claimed invention because they are in the same field of endeavor of vehicle radiofrequency locating technology. A person of ordinary skill in the art would have had the technological capabilities before the effective filing date of the claimed invention to incorporate the UWB location signal and receiver of Ziller with the functional device of Heide to yield a predictable result of improved identification transmitter locating accuracy as noted by Ziller ([0022] Experience has shown that the accuracy of a UWB-based distance determination carried out in this way is significantly higher than is the case with many other methods in the usual range of distances. UWB-based distance determination is usually more precise than a distance determination based on signal strength determination of LF signals or on triangulation of LF signals. The accuracy of the UWB-based distance determination under good conditions is in the order of ten to twenty centimeters.).
Claim(s) 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Heide in view of Neuhoff (WO 201997551 machine translation).
Regarding claim 19, Heide discloses the motor vehicle of claim 23. Heide fails to teach wherein the identification transmitter is a smartphone having an ultra-wideband UWB radio unit configured to transmit the location signal as an UWB location signal, and the at least one receiving unit is configured to receive the transmitted UWB location signal.
However, Neuhoff teaches a vehicle to mobile device localization system ([0008] Localization system for a vehicle to locate a mobile device relative to the vehicle.) wherein the identification transmitter is a smartphone having an ultra-wideband UWB radio unit configured to transmit the location signal as an UWB location signal ([0009] The mobile (i.e. portable) device may be an electronic key and/or mobile phone, in particular a smartphone… It may be possible that the mobile device has at least one radio interface, such as LF (Low Frequency) and/or UWB (Ultra-wideband)), and the at least one receiving unit is configured to receive the transmitted UWB location signal ([0009] …UWB (Ultra-wideband), to receive a signal, such as a wake-up signal and/or answer signal, from the vehicle and/or vice versa to send it to the vehicle.).
Heide and Neuhoff are both considered to be analogous to the claimed invention because they are in the same field of endeavor of vehicle radiofrequency locating technology. A person of ordinary skill in the art would have had the technological capabilities before the effective filing date of the claimed invention to incorporate the identification transmitter is a smartphone having an ultra-wideband UWB radio unit configured to transmit the location signal as an UWB location signal, and the at least one receiving unit is configured to receive the transmitted UWB location signal of Neuhoff with functional device of Heide to yield a predictable result of simplifying the process of localizing an authorized user of a vehicle by using a smart phone for the identification transmitter as noted by Neuhoff ([0004]).
Regarding claim 20, Heide as modified by Neuhoff teaches the motor vehicle of claim 19. Heide fails to teach wherein the functional device has exactly four UWB receiving units that are fixed to the motor vehicle on the outside of the motor vehicle, respectively next to a front headlight at a front of the vehicle and respectively next to a rear light at a back of the vehicle.
However, Neuhoff teaches wherein the functional device has exactly four UWB receiving units that are fixed to the motor vehicle on the outside of the motor vehicle ([0020] A further advantage can be achieved within the scope of the invention if at least three or at least four or at least five communication units are provided), respectively next to a front headlight at a front of the vehicle and respectively next to a rear light at a back of the vehicle ([0051] Other possible positions include: B. on and/or adjacent to a tailgate 2 and/or on and/or adjacent to a bumper 3 and/or on an edge area and/or corner area of the vehicle 1.). A person of ordinary skill in the art would have had the technological capabilities before the effective filing date of the claimed invention to incorporate exactly four UWB receiving units that are fixed to the motor vehicle on the outside of the motor vehicle, respectively next to a front headlight at a front of the vehicle and respectively next to a rear light at a back of the vehicle of Neuhoff with the motor vehicle of Heide to yield a predictable result of good area coverage for the functional device to detect the identification transmitter as noted by Neuhoff ([0017]).
For applicant’s benefit portions of the cited reference(s) have been cited to aid in the review of the rejection(s). While every attempt has been made to be thorough and consistent within the rejection it is noted that the PRIOR ART MUST BE CONSIDERED IN ITS ENTIRETY, INCLUDING DISCLOSURES THAT TEACH AWAY FROM THE CLAIMS. See MPEP 2141.02 VI.
Conclusion
THIS ACTION IS MADE FINAL. 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN BS ABRAHAM whose telephone number is (571)272-4145. The examiner can normally be reached Monday - Friday 9:00 am - 5:00 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jack Keith can be reached at (571)272-6878. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JBSA/Examiner, Art Unit 3646
/JACK W KEITH/Supervisory Patent Examiner, Art Unit 3646
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