DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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.
Priority
The pending application 18/743,047, filed on 13 JUN 2024, is a continuation of national stage application filed under 35 U.S.C. 371 of PCT/CN2022/140709, filed on 21 DEC 2022, and claims priority from foreign application CN202111615249.X, filed on 27 DEC 2021 in the People’s Republic of China.
Response to Amendment
Applicant's amendment filed on 30 JUL 2026 has been entered. Claims 4-6, 11-12, 14-, 17, and 20 have been amended. Claims 1-20 are still pending in this application, with claims 1, 9 and 17 being independent.
Applicant’s amendments to the claims have overcome the rejections made under 35 U.S.C. 112(b) in the previous office action dated 1 MAY 2026.
Response to Arguments
Applicant's arguments filed 30 JUL 2026 have been fully considered.
Regarding the claim interpretation under 35 U.S.C. 112(f), applicant argues that the interpretation for “a first apparatus” should be withdrawn because the claim “recites concrete method steps, not steps for performing a function without recitation of acts in support thereof.” (Applicant’s remarks p. 6-7)
Applicant’s argument is persuasive and the interpretation of claim 1 under 35 U.S.C. 112(f) is withdrawn.
Regarding the Examiner’s rejection of claim 1 under 35 U.S.C. 102 as anticipated by Yang et al., the applicant argues that the cited reference fails to disclose all the features of the claimed invention, specifically “the second signal indicates sensing permission information of the target object.” (Applicant’s remarks p. 8)
Applicant argues that “the authorization for the electronic device 400 to operate the external electronic device 600 – not information indicating whether the electronic device 400 is permitted to sense the external electronic device 600.” (Applicant’s remarks p. 8) “the external electronic device 600 authenticates whether the electronic device 400 has a right to access functions provided by the electronic device 600.” (Applicant’s remarks p. 9)
Examiner respectfully disagrees. Yang et al. discloses “According to various embodiments of the disclosure, the operation of measuring the position of an accessory may be continuously performed from the time at which the accessory (e.g., the accessory 500 in FIG. 3) and an external electronic device (e.g., the external electronic device 600 in FIG. 3) are connected to each other through a second communication scheme (e.g., the second communication scheme 320 in FIG. 3) until the accessory and the external electronic device are disconnected from each other.” (Yang et al. ¶ [0179]) Measuring the position occurs during the connection between the accessory and the external electronic device, which only happens after authentication. Thus, permission is required to perform the operation of measuring of the position, which is considered to be a sensing operation. Therefore, applicant’s argument on this issue is not persuasive.
Regarding the Examiner’s rejection of claim 1 under 35 U.S.C. 103 as unpatentable over Yang et al., the applicant argues that the cited reference fails to disclose all the features of the claimed invention, specifically “sensing, the target object when the terminal device is authenticated to sense the target object.” (Applicant’s remarks p. 8)
Applicant argues that “the alleged target object senses the first apparatus – the reverse of claim 1… this position measurement is not performed in response to, or conditioned up, the terminal device being “authenticated to sense the target object.” Rather, in Yang, the ranging and positioning are performed to enable authentication (anti-relay) and to gate the external electronic device 600’s own operations.” (Applicant’s remarks p. 8-9)
Examiner respectfully disagrees. Yang et al. discloses “According to various embodiments of the disclosure, when authentication of the electronic device 400 is successful, the processor 630 may track (monitor) the distance between the electronic device 400 and the external electronic device 600.” (Yang et al. ¶ [0114]) The tracking or monitoring function, considered to be a sensing operation, is permitted after the authentication between the devices is performed. Therefore, applicant’s argument on this issue is not persuasive.
Applicant’s arguments regarding claim 1 are also applicable to claims 9 and 17, which recite similar features. The arguments regarding claims 9 and 17 are not persuasive for similar reasons as claim 1.
Regarding the Examiner’s rejection of claim 7 under 35 U.S.C. 103 as anticipated by Yang et al. in view of Wu et al., the applicant argues that the cited reference fails to disclose all the features of the claimed invention, specifically “wherein a difference between a sending angle of the excitation angle for the communication apparatus and a receiving angle of a reflected angle for a sensing signal used to sense the target object is less than a predetermined value.” (Applicant’s remarks p. 10)
Applicant argues that the Wu’s angle of arrival comparison compares current and historical channel state information and does not relate to “the geometric relationship between an excitation signal sent to and a reflection signal received from a target object for sensing purposes.” Applicant further argues that “Wu’s angle comparison relies on active communication signals exchanged between devices in an established communication session, not on excitation signals and their reflections from objects.” (Applicant’s remarks p. 10)
Applicant’s arguments regarding claim 7 are persuasive and the rejection of claim 7 has been withdrawn.
Applicant’s arguments regarding claim 7 are also applicable to claim 15, which recite similar features. The arguments regarding claim 15 are persuasive for similar reasons as claim 7. The rejection of claim 15 has been withdrawn.
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) 1-6, 8-14 and 16-20 remain rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yang et al. (US 2021/0195415 A1, previously relied upon by the examiner).
Regarding claim 1 (Original), Yang et al. discloses:
A method implemented by a first apparatus (Yang et al. electronic device 400, Figs. 4A, 7) at a terminal side (Yang et al. “The electronic devices may include, for example, a portable communication device (e.g., a smartphone)…” - ¶ [0262]), comprising:
sending a first signal (Yang et al. "According to various embodiments of the disclosure, the processor 440 may control the second communication module 420 to activate the accessory 500 in response to reception of the discovery signal…” - ¶ [0079]) in response to the first apparatus discovering a target object (Yang et al. external electronic device 600, Figs. 6-7), wherein the first signal is used to authenticate that the target object is sensed (Yang et al. “The accessory 500 may transmit/receive data to/from the external electronic device 600 through the second communication scheme 320 by using the power supplied by the second communication module 420.” - ¶ [0079]; "For example, the electronic device 400 and the external electronic device 600 may transmit or receive date used for authentication therebetween through the accessory 500 to authenticate each other.” - ¶ [0151]);
receiving a second signal (Yang et al. “The processor 440 may receive, in the accessory mode 451, data that the accessory 500 has received from the external electronic device 600.” - ¶ [0079]), wherein the second signal indicates sensing permission information of the target object (Yang et al. "The first communication module 510 may transmit, to the electronic device 400, data received from the external electronic device 600 (e.g., position information of the electronic device 400 or the result of authentication of the electronic device 400)” - ¶ [0097]; where the result of the authentication of the electronic device 400 is considered to be the second signal); and
sensing, the target object when the terminal device is authenticated to sense the target object (Yang et al. "FIG. 9 has been drawn up with reference to the situation in which the external electronic device 600 measures the position information of the accessory 500, but the accessory 500 may also use the operations illustrated in FIG. 9 to identify the position information of the external electronic device 600.” - ¶ [0189]; where the electronic device 400 senses the external electronic device 600 by way of the accessory 500; “when authentication of the electronic device 400 is successful, the processor 630 may track (monitor) the distance between the electronic device 400 and the external electronic device 600.” - ¶ [0114]).
Regarding claim 2 (Original), Yang et al. discloses:
The method according to claim 1, where the first signal is an excitation signal (Yang et al. "According to various embodiments of the disclosure, the processor 440 may control the second communication module 420 to activate the accessory 500 in response to reception of the discovery signal… For example, the accessory mode 451 may be a mode in which the second communication module 420 supplies power to the accessory 500 by using the third communication scheme 330 and stands by to receive data transmitted by the accessory 500." - ¶ [0079]).
Regarding claim 3 (Currently Amended), Yang et al. discloses:
The method according to claim 1, further comprising:
sending a third signal (Yang et al. “in operation 707, the electronic device 400 and the accessory 500 may switch to the accessory mode…” - ¶ [0143]) to a second communication apparatus (Yang et al. accessory 500, Figs. 5, 7), wherein the third signal is used to request the second communication apparatus to send an excitation signal (Yang et al. “in operation 709, the accessory 500 and the external electronic device 600 may be connected to each other through the second communication scheme 320.” - ¶ [0144]) to a first communication apparatus (Yang et al. second communication module 620 in external electronic device 600, Fig. 6) comprised in the target object, and the second communication apparatus (Yang et al. “external electronic device 600 may be a vehicle” - ¶ [0064]) and the first communication apparatus are at different locations (Yang et al. “The electronic devices may include, for example, a portable communication device (e.g., a smartphone)…” - ¶ [0262]; “According to various embodiments of the disclosure, the accessory 500 may be attached to the electronic device 400.” - ¶ [0096]; where the accessory 500 may be attached to the electronic device 400 which may be a smartphone, which is portable and at a different location from the external electronic device 600, which may be a vehicle.).
Regarding claim 4 (Currently Amended), Yang et al. discloses:
The method according to claim 3, further comprising:
receiving, from the second communication apparatus, a fifth signal acknowledging the request (Yang et al. "The processor 440 may authenticate the accessory 500 by using the accessory 500 and the third communication scheme 330 in response to sensing the accessory 500. ” - ¶ [0097]; switch to accessory mode 707, Fig. 7; where the step of switching to accessory mode includes the transmission of signals from the electronic device 400 to the accessory 500, and from the accessory 500 to the electronic device 400).
Regarding claim 5 (Original), Yang et al. discloses:
The method according to claim 1, where the second signal is a feedback signal associated with the first signal (Yang et al. "The first communication module 510 may transmit, to the electronic device 400, data received from the external electronic device 600 (e.g., position information of the electronic device 400 or the result of authentication of the electronic device 400)” - ¶ [0097]; where the result of the authentication of the electronic device 400 is considered to be a feedback signal).
Regarding claim 6 (Currently Amended), Yang et al. discloses:
The method according to claim 3, further comprising:
sending a fourth signal to the second communication apparatus (Yang et al. end accessory mode 717, Fig. 7), wherein the fourth signal indicates the second communication apparatus to stop sending the excitation signal (Yang et al. “in operation 717, the electronic device 400 and the accessory 500 may end the accessory mode in response to receiving the signal requesting release of the connection using the second communication scheme 330.” - ¶ [0160]).
Regarding claim 8 (Original), Yang et al. discloses:
The method according to claim 1, wherein the first signal is periodically sent or continuously sent during a period when the first apparatus senses the target object (Yang et al. “According to various embodiments of the disclosure, when the electronic device 400 switches to the accessory mode, the accessory 500 may receive power through the third communication scheme 330.” - ¶ [0083]; Because the accessory is a passive device receiving power via NFC from the electronic device 400, the accessory must periodically receive the signals through third communication scheme 330 in order to operate.).
Regarding claim 9 (Original), Yang et al. discloses:
An apparatus (Yang et al. electronic device 400, Figs. 4A, 7 ), comprising:
one or more processors (Yang et al. processor 440, Fig. 4A); and
an interface (Yang et al. first communication module 410 and second communication module 420, Fig. 4A) coupled with the one or more processors, wherein the interface is configured to send a first signal in response to the apparatus discovering a target object (Yang et al. “According to various embodiments of the disclosure, the electronic device 400 may receive a discovery signal transmitted by the external electronic device 600, and may transmit a response signal corresponding to the discovery signal.” - ¶ [0107]), and wherein the first signal is used to authenticate that the apparatus senses the target object (Yang et al. external electronic device 600, Figs. 6-7); and
receive a second signal (Yang et al. “The processor 440 may receive, in the accessory mode 451, data that the accessory 500 has received from the external electronic device 600.” - ¶ [0079]; where the electronic device 400 receives the second signal from the external electronic device 600 by way of the accessory 500), wherein the second signal indicates sensing permission information of the target object (Yang et al. "The first communication module 510 may transmit, to the electronic device 400, data received from the external electronic device 600 (e.g., position information of the electronic device 400 or the result of authentication of the electronic device 400)” - ¶ [0097]; where the result of the authentication of the electronic device 400 is considered to be the second signal), and
wherein the one or more processors are configured to
determine, based on the sensing permission information, whether the apparatus is authenticated to sense the target object (Yang et al. "The first communication module 510 may transmit, to the electronic device 400, data received from the external electronic device 600 (e.g., position information of the electronic device 400 or the result of authentication of the electronic device 400)” - ¶ [0097]; where the result of the authentication of the electronic device 400 is considered to be the second signal); and
sense the target object when the apparatus is authenticated to sense the target object (Yang et al. "FIG. 9 has been drawn up with reference to the situation in which the external electronic device 600 measures the position information of the accessory 500, but the accessory 500 may also use the operations illustrated in FIG. 9 to identify the position information of the external electronic device 600.” - ¶ [0189]; where the electronic device 400 senses the external electronic device 600 by way of the accessory 500; “when authentication of the electronic device 400 is successful, the processor 630 may track (monitor) the distance between the electronic device 400 and the external electronic device 600.” - ¶ [0114]).
Regarding claim 10 (Original), the same cited section and rationale as corresponding claim 2 is applied.
Regarding claim 11 (Currently Amended), the same cited section and rationale as corresponding claim 3 is applied.
Regarding claim 12 (Currently Amended), the same cited section and rationale as corresponding claim 4 is applied.
Regarding claim 13 (Original), the same cited section and rationale as corresponding claim 5 is applied.
Regarding claim 14 (Currently Amended), the same cited section and rationale as corresponding claim 6 is applied.
Regarding claim 16 (Original), the same cited section and rationale as corresponding claim 8 is applied.
Regarding claim 17 (Currently Amended), Yang et al. discloses:
A non-transitory computer-readable medium (Yang et al. internal memory 136, external memory 138, Fig. 1), storing computer programming instructions (Yang et al. “The one or more instructions may include a code generated by a complier or a code executable by an interpreter. The machine-readable storage medium may be provided in the form of a non-transitory storage medium.” - ¶ [0265]), that when executed by one or more processors (Yang et al. processor 120, Fig. 1) of an apparatus (Yang et al. electronic device 101, Fig. 1; electronic device 400, Fig. 4A; “The electronic devices may include, for example, a portable communication device (e.g., a smartphone)…” - ¶ [0262]), cause the apparatus to:
send a first signal (Yang et al. "According to various embodiments of the disclosure, the processor 440 may control the second communication module 420 to activate the accessory 500 in response to reception of the discovery signal…” - ¶ [0079] in response to the apparatus discovering a target object (Yang et al. external electronic device 600, Fig. 7), wherein the first signal is used to authenticate that the apparatus senses the target object (Yang et al. “The accessory 500 may transmit/receive data to/from the external electronic device 600 through the second communication scheme 320 by using the power supplied by the second communication module 420.” - ¶ [0079]; "For example, the electronic device 400 and the external electronic device 600 may transmit or receive date used for authentication therebetween through the accessory 500 to authenticate each other.” - ¶ [0151]);
receive a second signal (Yang et al. “The processor 440 may receive, in the accessory mode 451, data that the accessory 500 has received from the external electronic device 600.” - ¶ [0079]; where the electronic device 400 receives the second signal from the external electronic device 600 by way of the accessory 500), wherein the second signal indicates sensing permission information of the target object (Yang et al. "The first communication module 510 may transmit, to the electronic device 400, data received from the external electronic device 600 (e.g., position information of the electronic device 400 or the result of authentication of the electronic device 400)” - ¶ [0097]; where the result of the authentication of the electronic device 400 is considered to be the second signal); and
determine, based on the sensing permission information, whether the apparatus is authenticated to sense the target object (Yang et al. "The first communication module 510 may transmit, to the electronic device 400, data received from the external electronic device 600 (e.g., position information of the electronic device 400 or the result of authentication of the electronic device 400)” - ¶ [0097]; where the result of the authentication of the electronic device 400 is considered to be the second signal) and sense the target object when the apparatus is authenticated to sense the target object (Yang et al. "FIG. 9 has been drawn up with reference to the situation in which the external electronic device 600 measures the position information of the accessory 500, but the accessory 500 may also use the operations illustrated in FIG. 9 to identify the position information of the external electronic device 600.” - ¶ [0189]; where the electronic device 400 senses the external electronic device 600 by way of the accessory 500; “when authentication of the electronic device 400 is successful, the processor 630 may track (monitor) the distance between the electronic device 400 and the external electronic device 600.” - ¶ [0114]).
Regarding claim 18 (Original), the same cited section and rationale as corresponding claims 1 and 10 is applied.
Regarding claim 19 (Original), the same cited section and rationale as corresponding claims 3 and 11 is applied.
Regarding claim 20 (Currently Amended), the same cited section and rationale as corresponding claims 4 and 12 is applied.
Allowable Subject Matter
Claims 7 and 15 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding dependent claims 7 and 15, the prior art of record fails to explicitly teach or render obvious, either alone or in combination, “wherein a difference between a sending angle of the excitation angle for the first communication apparatus and a receiving angle of a reflected angle for a sensing angle used to sense the target object is less than a predetermined value.
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 NAOMI M WOLFORD whose telephone number is (571)272-3929. The examiner can normally be reached Monday - Friday, 8:30 am - 4:30 pm EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Resha Desai can be reached at (571)270-7792. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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NAOMI M. WOLFORD
Examiner
Art Unit 3648
/N.M.W./Examiner, Art Unit 3648
7 OCT 2026
/RESHA DESAI/Supervisory Patent Examiner, Art Unit 3648
