DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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.
Claim(s) (1-10) is/are rejected under 35 U.S.C. 103 as being unpatentable over Golsch et al (10839627, hereinafter – Golsch) in view of Kamlah (2002/0024429).
Regarding claims 1 and 4: Golsch discloses a device for activating/(enabling) a vehicle as depicted (in figures 5a and 5b of Golsch and see associated descriptions for details) with ultra-wide band phase control devices (col. 4, lines 25-63 of Golsch). However, Golsch is silent on the phase antenna on the surface of the vehicle and/or the handle. Kamlah is relied on the antenna on the surface of the vehicle (as shown an element 6 in figure 5 of Kamlah and see associated descriptions for details, and see para.[0026] of Kamlah).
It would be obvious to artisan of the art at time of the invention includes the surface antenna to surface as taught by Kamlah. The rationale as follows: an artisan would have motivated to activated functional features of the vehicle as suggested in para. [0005] of Kamlah.
Regarding claims 2 and 5: the combination of Golsch and Kamlah discloses wherein the means for comparing values of the phase of the reflected waves compare said values with a phase rotation comprised between −180° and −270° during the predetermined length of time (col. 9, lines 44-64 of Golsch).
Regarding claims 3 and 6: the combination of Golsch and Kamlah discloses wherein the means for comparing values of the amplitude compare said values with an increase in amplitude above a threshold during the predetermined length of time (col. 9, lines 44-48 of Golsch).
Regarding claim 7: the combination of Golsch and Kamlah discloses a non-transitory computer program product comprising program code instructions for executing the steps of the method as claimed in claim 1 when said program is executed on a computer (col. 13, line 58 to col. 14, line 5 of Golsch).
Regarding claim 8: the combination of Golsch and Kamlah a motor vehicle, comprising an activation device as claimed in claim 4 (see figure 1 of Golsch and figure 5 and associated descriptions for details, respectfully).
Regarding claims 9 and 10: the combination of Golsch and Kamlah discloses wherein the means for comparing values of the amplitude compare said values with an increase in amplitude above a threshold during the predetermined length of time (col. 11, lines 9-33 of Golsch).
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Godet et al (2024/0034274), Kost et al (11836290), Kosugi (12326030), Leong et al (9082241), Shostak et al (2005/0192727), Singh et al (12007470) and Wardlaw et al (11536758) are cited for phase detection management control of devices.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to K. Wong whose telephone number is (571) 272-7566.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, D. Goins can be reached at (571) 272-2957. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/K. WONG/Primary Examiner, Art Unit 2689
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