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 .
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.
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) 1-4, 6, 11-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sanji (US 20230066445 A1), and further in view of Shuman (US 10959074 B1).
Regarding claims 1, 11, 12, 13, Sanji discloses a vehicle control method/device to be connected to a plurality of communication devices that are configured to perform radio communication with a portable device carried by a user of a vehicle by using a same communication band (via ECU 19 connected to BLEs 12 in communication with mobile terminal 3, 42, 45, 47, 49-51, 60), the plurality of communication devices including a first communication device (BLE 12x) that is a specific one of the communication devices installed in the vehicle and a second communication device (BLE 12s, Para. 51-52) that is a specific one of the communication devices other than the first communication device (Para. 50), the vehicle control device comprising:
a communication control unit configured to control the plurality of communication devices and acquire data indicating a reception state of a radio signal from the portable device at the plurality of communication devices (ECU 11, Para. 45, 60, 100); and
a vehicle control unit configured to switch a traveling power supply between on and off (ECU 18, Para. 71),
wherein when there is no failure of the first communication device, the vehicle control unit is configured to permit the traveling power supply to be switched on based on a fact that data indicating a reception state of a signal from the portable device at the first communication device satisfies a specific normal area determination condition (when the position estimation unit F6 determines that the mobile terminal 3 is present in the vehicle cabin and detects that the start button 15 is pressed by the user, the engine is started in cooperation with the engine ECU 18, Para. 97).
Sanji fails to disclose a diagnostic unit configured to detect a failure of the first communication device based on an input signal from the first communication device or based on a fact that no signal is received from the first communication device; and when the diagnostic unit detects a failure of the first communication device, the vehicle control unit is configured to permit the traveling power supply to be switched on based on a fact that data indicating the reception state of the signal from the portable device at the second communication device satisfies a predetermined temporary area determination condition different from the normal area determination condition.
Shuman teaches some transceivers in a vehicle can be configured as backup transceivers in case of a communication failure detected (col. 5, lines 40-53, col. 7, lines 46-52).
From the teachings of Shuman, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Sanji to include a diagnostic unit configured to detect a failure of the first communication device based on an input signal from the first communication device or based on a fact that no signal is received from the first communication device; and when the diagnostic unit detects a failure of the first communication device, the vehicle control unit is configured to permit the traveling power supply to be switched on based on a fact that data indicating the reception state of the signal from the portable device at the second communication device satisfies a predetermined temporary area determination condition different from the normal area determination condition in order to provide a backup communication device to determine the location of the portable device of the user, thereby improve reliability.
Regarding claim 2, Sanji and Shuman disclose a position determination unit configured to determine a position of the portable device with respect to the vehicle based on the reception state from the portable device at the first communication device or the second communication device (position estimation unit F6, Para. 96-97 of Sanji), wherein an operating mode related to on-off control of the traveling power supply includes a normal mode to be applied when no failure is detected in the first communication device and a temporary mode to be applied when a failure is detected in the first communication device, the vehicle control unit is configured to switch on the traveling power supply on condition that the position determination unit determines that the portable device is present in a start area in a vehicle cabin, in a case where the normal mode is applied, the position determination unit is configured to determine that the portable device is present in the start area when a communication state at the first communication device satisfies the normal area determination condition, and in a case where the temporary mode is applied, the position determination unit is configured to determine that the portable device is present in the start area when the communication state at the second communication device satisfies the temporary area determination condition (see rejection of claim 1 above).
Regarding claim 3, Sanji and Shuman disclose wherein the second communication device is a locking and unlocking area forming device configured to form, outside the vehicle cabin, an unlocking area that is an area for unlocking a door (Para. 96-97), and in the temporary mode, the position determination unit is configured to determine that the portable device is present in the start area when reception strength at the locking and unlocking area forming device is equal to or greater than a predetermined value (Para. 99, and 96-97 of Sanji; and rejection of claim 1 above).
Regarding claim 4, Sanji and Shuman disclose wherein the vehicle control device is to be connected to the second communication device which includes a plurality of second communication devices, wherein in the temporary mode, the position determination unit is configured to determine that the portable device is present in the start area by combining communication states with the portable device at the plurality of second communication devices (see rejection of claim 1 above).
Regarding claim 6, Sanji and Shuman disclose at least one processor, wherein the at least one processor is configured to determine, based on an input signal indicating whether a start button, which is a button configured to switch on the traveling power supply, is pressed, whether the user has pressed the start button a predetermined number of times or more within a predetermined time, and switch the operating mode to the temporary mode based on detection that the user has pressed the start button the predetermined number of times or more within the predetermined time (via activation of backup BLE 12s to determine location of mobile terminal 3 in case of a BLE 12 failure upon initial start button 15 activation issue and subsequent activation of start button 15 by a user to determine location of mobile terminal 3, Para. 45, 62 and 97 of Sanji; and rejection of claim 1 above).
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sanji in view of Shuman, and further in view of Turgeman (US 20160307201).
Regarding claim 5, Sanji and Shuman disclose a radio authentication unit configured to perform a radio authentication process to determine validity of the user by radio communication with the portable device (via unit F5, Para. 78, 80, 93 of Sanji);
wherein in the normal mode, the traveling power supply is permitted to be switched on when the portable device is present in the start area and when the radio authentication process is successful (Para. 93, 90-91, 97 of Sanji), and in the temporary mode, the traveling power supply is permitted to be switched on when the portable device is present in the start area, and when the radio authentication process is successful (Para. 93, 97 of Sanji and rejection of claim 1 above).
Sanji and Shuman fail to disclose an additional authentication unit configured to perform an additional authentication process to determine validity of the user by using biometric information or a passcode; and in the temporary mode, permit switched on of the power supply when the additional authentication process is successful.
Turgeman teaches including the use of additional authentication process including passcode to improve security (Para. 68).
From the teachings of Turgeman, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Sanji and Shuman to include an additional authentication unit configured to perform an additional authentication process to determine validity of the user by using a passcode; and in the temporary mode, permit switched on of the power supply when the additional authentication process is successful in order to improve security.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sanji in view of Shuman, and further in view of Belschner (US 20030093727).
Regarding claim 7, Sanji and Shuman disclose at least one processor (smart ECU 11, Para. 45), but fails to disclose wherein when the temporary mode is applied, the at least one processor is configured to display, on an in-vehicle display, an image showing that a failure has occurred in the first communication device.
Belschner teaches a vehicle system to display an error message upon sensing a fault in the vehicle system (Para. 17).
From the teachings of Belschner, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Sanji and Shuman to include wherein when the temporary mode is applied, the at least one processor is configured to display, on an in-vehicle display, an image showing that a failure has occurred in the first communication device in order to inform a user a problem in the vehicle system, thereby allow repairs to be made.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sanji in view of Shuman, and further in view of Wooten (US 6084870 A).
Regarding claim 8, Sanji and Shuman disclose at least one processor (smart ECU 11, Para. 45), but fails to disclose when the temporary mode is applied, the at least one processor is configured to transmit a message indicating a shift to the temporary mode to a device.
Wooten teaches a system to transmit a message upon detection of an error in the system (col. 13, lines 60-67).
From the teachings of Wooten, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Sanji and Shuman to include when the temporary mode is applied, the at least one processor is configured to transmit a message indicating a shift to the temporary mode to a device in order to inform a user a fault in the system, thereby allow repairs to be made.
Allowable Subject Matter
Claims 9-10 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YONG HANG JIANG whose telephone number is (571)270-3024. The examiner can normally be reached Monday - Friday 9:30-6 EST.
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/YONG HANG JIANG/ Primary Examiner, Art Unit 2689