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 .
Status of Claims
This Office Action is in response to Amendments and Remarks filed on 01/23/2026 for application number 18/753,529 filed on 06/25/2024, in which claims 1-20 were originally presented for examination.
Claims 1, 13, 14 & 20 are currently amended, and claims 1-20 are currently pending.
Priority
Acknowledgment is made of applicant’s claim no priority for this application submitted on
06/25/2024.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 06/24/2024 has been received and considered.
Examiner Notes
Examiner cites particular paragraphs (or columns and lines) in the references as applied to Applicant’s claims for the convenience of the Applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested that, in preparing responses, the Applicant fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner. The prompt development of a clear issue requires that the replies of the Applicant meet the objections to and rejections of the claims. Applicant should also specifically point out the support for any amendments made to the disclosure. See MPEP §2163.06. Applicant is reminded that the Examiner is entitled to give the Broadest Reasonable Interpretation (BRI) to the language of the claims. Furthermore, the Examiner is not limited to Applicant’s definition which is not specifically set forth in the claims. See MPEP §2111.01.
Examiner notes that Applicants have used the phrase “and/or” in claims 15-18. The Patent Trial and Appeal Board (PTAB) has held that use of the phrase “and/or” within a claim is not indefinite. According to the PTAB, “and/or” is not wrong, but it’s not preferred verbiage. See Ex Parte Gross, Appeal No. 2011-004811. Nevertheless, during patent examination, the pending claims must be given their broadest reasonable interpretation (BRI) consistent with the specification. See MPEP §2111; Phillips v. AWH Corp., 415 F.3d 1303, 1316, 75 USPQ2d 1321, 1329 (Fed. Cir. 2005). Based upon this guidance from the MPEP and the Federal Circuit Court of Appeals, the Examiner interprets the phrase “and/or” under its broadest reasonable interpretation of “or” for purposes of examination of the instant Application.
Response to Arguments
Arguments filed on 01/23/2026 have been fully considered and are addressed as follows:
Regarding the Claim Objections: The claim(s) objection is/are withdrawn, as the amended claims filed on 01/23/2026 have properly addressed the claim(s) informality objection(s) recited in the Non-Final Office Action mailed on 10/31/2025.
Regarding the claim rejections under 35 USC §103: Applicant’s arguments regarding the rejections of the claims 1, 14 & 20 as being unpatentable over the prior art of Cieslar (US-2025/0282390-A1) as modified by Buttolo (US-2017/0147074-A1) have been fully considered. However, those arguments are not persuasive.
Applicant asserts that:
“Cieslar does not disclose or suggest "the micro portion defining a predefined sequence of accelerometer and/or gyroscope signals of the mobile device over time," let alone "detecting, using one or more inertial measurement unit (IMU) sensors of the mobile device," performance of such a micro portion of the macro-micro gesture.” (see Remarks pages 7-10; emphasis added)
The examiner respectfully disagrees. Examiner notes that Applicant’s arguments are all focusing on new limitations added to the amended claims 1, 14 & 20 apparently to overcome the current anticipation rejection under §103 as recited in the Non-Final office action mailed on 10/31/2025. Those arguments are rendered moot in light of the new grounds of rejection outlined below, which were necessitated by the applicant’s amendment, i.e., Applicant’s arguments and amendments have been addressed in the new rejection outlined below.
For at least the foregoing reasons, and the rejections outlined below, the prior art rejections are maintained.
Claim Rejections - 35 USC §103
In the event the determination of the status of the application as subject to AIA 35 USC §102 and §103 (or as subject to pre-AIA 35 U.S.C. §102 and §103) is incorrect, any correction of the statutory basis 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 USC §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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 non-obviousness.
Claims 1-20 are rejected under 35 USC §103 as being unpatentable over PG Pub. No. US-2025/0282390-A1 to Cieslar et al. (hereinafter “Cieslar”) in view of Patent PG Pub. No. US-2017/0147074-A1 to Buttolo et al. (hereinafter “Buttolo”)
As per claim 1, Cieslar discloses a method for macro-micro gesture detection, comprising:
detecting, using phone-as-a-key (PaaK) sensors of a vehicle, performance of a macro portion of a macro-micro gesture by a mobile device, the macro-micro gesture requesting invocation of a function of the vehicle,the macro portion defining a predefined sequence of locations of the mobile device over time (Cieslar, in at least Fig. 1 [reproduced here for convenience], Claims 2 & 7 and ¶¶18-26, 48 & 59, discloses secured short-range summon feature of a vehicle ensures that the vehicle can unlock and position itself precisely where a driver can reach a driver door by hand, and the vehicle follows a moving user based on the current/updated/determined location of the mobile device, wherein if summoning has been requested from device 16, e.g. in addition to an unlocking function, at step 23 controller 13 calculates/estimates/determines the location of the device 16, e.g. via trilateration or an equivalent process, utilizing the vehicles sensors/devices 12, wherein the controller is configured to track any movement of the portable electronic device to determine a current relative location thereof and update the path calculation [See Applicant’s Specification ¶47, wherein the macro gesture comprises a sequence of locations of the mobile device 110 over time]. Cieslar further discloses the vehicle determines a rendezvous spot based on the authentication of an owner's phone, e.g. phone-as-key setup [Examiner Notes that authentication requires at minimum matching predefined information], and UWB localization. Cieslar also discloses the determination of the owner's position, using the portable device as a proxy for that position, relative to a vehicle coordinate system, e.g. via ultra-wide band transceivers where position is found by triangulation/ trilateration of distances between the phone and a set of nodes installed in a vehicle, wherein a combination of Angle of Arrival (AoA), distance, inertial measurement unit (IMU) indication and/or limited field of view would allow the use of one transceiver to obtain an external portable device (phone) location. Cieslar furthermore discloses a vehicle fitted with several UWB sensors, detection or communication device configured to determine the location of a mobile/ portable electronic device, as carried by a user, relative to the vehicle, wherein the vehicle comprises a processor or control unit which is configured for establishing a connection with the mobile device, authenticating same, waking the vehicle from a standby mode, determining or at least estimating a location of the mobile device, activating a running gear of the vehicle and guiding the vehicle to the position of the portable electronic device);
detecting, using one or more inertial measurement unit (IMU) sensors of the mobile device, performance of a micro portion of the macro-micro gesture, (Cieslar, in at least Fig. 1 and ¶¶20-26, 48 & 59, discloses a combination of Angle of Arrival (AoA), distance, inertial measurement unit (IMU) indication and/or limited field of view would allow the use of one transceiver to obtain an external portable device (phone) location);
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Cieslar’s Fig. 1
arbitrating to validate that the function of the vehicle is to be performed in view of performance of both the micro portion and the macro portion (Cieslar, in at least Fig. 1 and ¶¶19-26, 48 & 59, discloses authentication of an owner's smart phone, e.g., as part of a PaaK system, or equivalent smart key/mobile device with compatible communication protocol carried by a user); and
invoking the function of the vehicle responsive to the validation being successful (Cieslar, in at least Fig. 1 and ¶¶18-26, 48 & 59, discloses secured short-range summon feature of a vehicle ensures that the vehicle can unlock and position itself precisely where a driver can reach a driver door by hand, wherein the vehicle follows a moving user based on the current/updated/determined location of the mobile device).
While Cieslar, in certain embodiments, implicitly requires that gesture by a mobile device to track any movement of the portable electronic device to determine a current relative location thereof and update the path calculation, and that inertial measurement unit (IMU) indication would allow the use of one transceiver to obtain an external portable device (phone) location, it does not explicitly recite gesture and/or that the micro portion defining a predefined sequence of accelerometer and/or gyroscope signals of the mobile device over time.
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Buttolo’s Fig. 4
Buttolo teaches, in at least Abstract, Fig(s). 4, 5, 6 & 7 and ¶¶1-6 & 60 that is was old and well known at the time of filing in the art of vehicle control systems, gesture by a mobile device & requesting invocation of a function of the vehicle (Buttolo, in at least Abstract, Fig(s). 4 [reproduced here for convenience], 5, 6 & 7 and ¶¶1-6 & 60, teaches to control a setting for the first vehicle feature based on received data associated with one or more gestures made using the wireless device, wherein Buttolo’s method includes receiving, via the processor, a request to control a vehicle feature via a gesture at the wireless device based on input received at a user interface associated with the vehicle feature, then searching for the mobile device based on the request to control the vehicle feature and enabling the wireless device to control the vehicle feature using the gesture if the wireless device is detected within a predefined distance of the user interface. Buttolo further teaches using one or more sensors, e.g., gyroscope, accelerometer, etc., to detect gestures), and that the micro portion defining a predefined sequence of accelerometer and/or gyroscope signals of the mobile device over time (Buttolo, in at least ¶¶ 60-61 & 73, teaches the ring wearable device 83 allows the user to control one or more vehicle settings based on a predefined movement of the device, and to enable an adjustment setting timer by allowing one or more received commands based on the movement of the device to be received within a predefined timer).
It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to modify Cieslar in view of Buttolo with a reasonable expectation of success, as both inventions are directed to the same field of endeavor - vehicle control systems and the combination would provide improved personal device location estimation & gesture detection (see at least Buttolo’s ¶¶58-60).
As per claim 2, Cieslar as modified by Buttolo teaches the method of claim 1, accordingly, the rejection of claim 1 above is incorporated. Cieslar further discloses comprising:
receiving, to the vehicle from the mobile device, a feed of data from the one or more IMU sensors of the mobile device; and
detecting the performance of the micro portion of the macro-micro gesture by the vehicle (Cieslar, in at least Fig. 1 and ¶¶20-26, 48 & 59, discloses secured short-range summon feature of a vehicle ensures that the vehicle can unlock and position itself precisely where a driver can reach a driver door by hand, and the vehicle follows a moving user based on the current/updated/determined location of the mobile device, wherein a combination of Angle of Arrival (AoA), distance, inertial measurement unit (IMU) indication and/or limited field of view would allow the use of one transceiver to obtain an external portable device (phone) location).
While Cieslar, in certain embodiments, implicitly requires gesture by a mobile device to track any movement of the portable electronic device to determine a current relative location thereof and update the path calculation, it does not explicitly recite gesture.
Buttolo teaches, in at least Abstract, Fig(s). 4-7 and ¶¶1-6 & 60 that is was old and well known at the time of filing in the art of vehicle control systems, gesture detection by the vehicle (Buttolo, in at least Abstract, Fig(s). 4-7 and ¶¶1-6 & 60, teaches to control a setting for the first vehicle feature based on received data associated with one or more gestures made using the wireless device, wherein Buttolo’s method includes receiving, via the processor, a request to control a vehicle feature via a gesture at the wireless device based on input received at a user interface associated with the vehicle feature, then searching for the mobile device based on the request to control the vehicle feature and enabling the wireless device to control the vehicle feature using the gesture if the wireless device is detected within a predefined distance of the user interface. Buttolo further teaches using one or more sensors, e.g., gyroscope, accelerometer, etc., to detect gestures).
It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to modify Cieslar in view of Buttolo with a reasonable expectation of success, as both inventions are directed to the same field of endeavor - vehicle control systems and the combination would provide improved personal device location estimation & gesture detection (see at least Buttolo’s ¶¶58-60).
As per claim 3, Cieslar as modified by Buttolo teaches the method of claim 1, accordingly, the rejection of claim 1 above is incorporated. Cieslar further discloses detecting the performance of the micro portion of the macro-micro gesture by the mobile device; and
responsive to the mobile device detecting the micro portion of the macro-micro gesture, sending, to the vehicle from the mobile device, a micro gesture detection message (Cieslar, in at least Fig. 1 and ¶¶20-26, 46-48 & 59, discloses, a user of portable device 16 may initiate vehicle activation, e.g. for the purposes of "summoning" the vehicle from its parking spot, wherein a signal is sent from the portable device 16 to the controller 13, e.g. via communication devices 12, wherein if summoning has been requested from device 16, e.g. in addition to an unlocking function, the controller 13 calculates/estimates/determines the location of the device 16, e.g. via trilateration or an equivalent process, utilizing the vehicles sensors/devices 12, wherein the controller is configured to track any movement of the portable electronic device to determine a current relative location thereof and update the path calculation. Cieslar further discloses the determination of the owner's position, using the portable device as a proxy for that position, relative to a vehicle coordinate system, e.g. via ultra-wide band transceivers where position is found by triangulation/ trilateration of distances between the phone and a set of nodes installed in a vehicle, wherein a combination of Angle of Arrival (AoA), distance, inertial measurement unit (IMU) indication and/or limited field of view would allow the use of one transceiver to obtain an external portable device (phone) location. Cieslar also discloses a vehicle fitted with several UWB sensors, detection or communication device configured to determine the location of a mobile/ portable electronic device, as carried by a user, relative to the vehicle, wherein the vehicle comprises a processor or control unit which is configured for establishing a connection with the mobile device, authenticating same, waking the vehicle from a standby mode, determining or at least estimating a location of the mobile device, activating a running gear of the vehicle and guiding the vehicle to the position of the portable electronic device).
While Cieslar, in certain embodiments, implicitly requires gesture by a mobile device to track any movement of the portable electronic device to determine a current relative location thereof and update the path calculation, it does not explicitly recite gesture.
Buttolo teaches, in at least Abstract, Fig(s). 4-7 and ¶¶1-6 & 60 that is was old and well known at the time of filing in the art of vehicle control systems, gesture detection by the vehicle (Buttolo, in at least Abstract, Fig(s). 4-7 and ¶¶1-6 & 60, teaches to control a setting for the first vehicle feature based on received data associated with one or more gestures made using the wireless device, wherein Buttolo’s method includes receiving, via the processor, a request to control a vehicle feature via a gesture at the wireless device based on input received at a user interface associated with the vehicle feature, then searching for the mobile device based on the request to control the vehicle feature and enabling the wireless device to control the vehicle feature using the gesture if the wireless device is detected within a predefined distance of the user interface. Buttolo further teaches using one or more sensors, e.g., gyroscope, accelerometer, etc., to detect gestures).
It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to modify Cieslar in view of Buttolo with a reasonable expectation of success, as both inventions are directed to the same field of endeavor - vehicle control systems and the combination would provide improved personal device location estimation & gesture detection (see at least Buttolo’s ¶¶58-60).
As per claim 4, Cieslar as modified by Buttolo teaches the method of claim 1, accordingly, the rejection of claim 1 above is incorporated. Cieslar further discloses sending, from the vehicle to the mobile device, data from the PaaK sensors of the vehicle; and
detecting the performance of the macro portion of the macro-micro gesture by the mobile device (Cieslar, in at least Fig. 1, Claims 2 & 7 and ¶¶10, 12, 18-26, 48 & 59, discloses authentication of an owner's smart phone, e.g., as part of a PaaK system, or equivalent smart key/mobile device with compatible communication protocol carried by a user
Cieslar further discloses secured short-range summon feature of a vehicle ensures that the vehicle can unlock and position itself precisely where a driver can reach a driver door by hand, and the vehicle follows a moving user based on the current/updated/determined location of the mobile device, wherein if summoning has been requested from device 16, e.g. in addition to an unlocking function, at step 23 controller 13 calculates/estimates/determines the location of the device 16, e.g. via trilateration or an equivalent process, utilizing the vehicles sensors/devices 12, wherein the controller is configured to track any movement of the portable electronic device to determine a current relative location thereof and update the path calculation [See Applicant’s Specification ¶47, wherein the macro gesture comprises a sequence of locations of the mobile device 110 over time]. Cieslar’s disclosed vehicle determines a rendezvous spot based on the authentication of an owner's phone, e.g. phone-as-key setup, and UWB localization. Cieslar also discloses the determination of the owner's position, using the portable device as a proxy for that position, relative to a vehicle coordinate system, e.g. via ultra-wide band transceivers where position is found by triangulation/ trilateration of distances between the phone and a set of nodes installed in a vehicle, wherein a combination of Angle of Arrival (AoA), distance, inertial measurement unit (IMU) indication and/or limited field of view would allow the use of one transceiver to obtain an external portable device (phone) location. Cieslar furthermore discloses a vehicle fitted with several UWB sensors, detection or communication device configured to determine the location of a mobile/ portable electronic device, as carried by a user, relative to the vehicle, wherein the vehicle comprises a processor or control unit which is configured for establishing a connection with the mobile device, authenticating same, waking the vehicle from a standby mode, determining or at least estimating a location of the mobile device, activating a running gear of the vehicle and guiding the vehicle to the position of the portable electronic device).
While Cieslar, in certain embodiments, implicitly requires gesture by a mobile device to track any movement of the portable electronic device to determine a current relative location thereof and update the path calculation, it does not explicitly recite gesture.
Buttolo teaches, in at least Abstract, Fig(s). 4-7 and ¶¶1-6 & 60 that is was old and well known at the time of filing in the art of vehicle control systems, gesture detection by the vehicle (Buttolo, in at least Abstract, Fig(s). 4-7 and ¶¶1-6 & 60, teaches to control a setting for the first vehicle feature based on received data associated with one or more gestures made using the wireless device, wherein Buttolo’s method includes receiving, via the processor, a request to control a vehicle feature via a gesture at the wireless device based on input received at a user interface associated with the vehicle feature, then searching for the mobile device based on the request to control the vehicle feature and enabling the wireless device to control the vehicle feature using the gesture if the wireless device is detected within a predefined distance of the user interface. Buttolo further teaches using one or more sensors, e.g., gyroscope, accelerometer, etc., to detect gestures).
It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to modify Cieslar in view of Buttolo with a reasonable expectation of success, as both inventions are directed to the same field of endeavor - vehicle control systems and the combination would provide improved personal device location estimation & gesture detection (see at least Buttolo’s ¶¶58-60).
As per claim 5, Cieslar as modified by Buttolo teaches the method of claim 1, accordingly, the rejection of claim 1 above is incorporated. Cieslar further discloses detecting the performance of the macro portion of the macro-micro gesture by the vehicle; and
responsive to the vehicle detecting the macro portion of the macro-micro gesture, sending, by the vehicle to the mobile device, a macro gesture detection message (Cieslar, in at least Fig. 1 [reproduced here for convenience], Claims 2 & 7 and ¶¶18-26, 48 & 59, discloses secured short-range summon feature of a vehicle ensures that the vehicle can unlock and position itself precisely where a driver can reach a driver door by hand, and the vehicle follows a moving user based on the current/updated/determined location of the mobile device, wherein if summoning has been requested from device 16, e.g. in addition to an unlocking function, at step 23 controller 13 calculates/estimates/determines the location of the device 16, e.g. via trilateration or an equivalent process, utilizing the vehicles sensors/devices 12, wherein the controller is configured to track any movement of the portable electronic device to determine a current relative location thereof and update the path calculation. Cieslar further discloses the vehicle determines a rendezvous spot based on the authentication of an owner's phone, e.g. phone-as-key setup, and UWB localization. Cieslar also discloses the determination of the owner's position, using the portable device as a proxy for that position, relative to a vehicle coordinate system, e.g. via ultra-wide band transceivers where position is found by triangulation/ trilateration of distances between the phone and a set of nodes installed in a vehicle, wherein a combination of Angle of Arrival (AoA), distance, inertial measurement unit (IMU) indication and/or limited field of view would allow the use of one transceiver to obtain an external portable device (phone) location. Cieslar furthermore discloses a vehicle fitted with several UWB sensors, detection or communication device configured to determine the location of a mobile/ portable electronic device, as carried by a user, relative to the vehicle, wherein the vehicle comprises a processor or control unit which is configured for establishing a connection with the mobile device, authenticating same, waking the vehicle from a standby mode, determining or at least estimating a location of the mobile device, activating a running gear of the vehicle and guiding the vehicle to the position of the portable electronic device).
While Cieslar, in certain embodiments, implicitly requires gesture by a mobile device to track any movement of the portable electronic device to determine a current relative location thereof and update the path calculation, it does not explicitly recite gesture.
Buttolo teaches, in at least Abstract, Fig(s). 4-7 and ¶¶1-6 & 60 that is was old and well known at the time of filing in the art of vehicle control systems, gesture detection by the vehicle (Buttolo, in at least Abstract, Fig(s). 4-7 and ¶¶1-6 & 60, teaches to control a setting for the first vehicle feature based on received data associated with one or more gestures made using the wireless device, wherein Buttolo’s method includes receiving, via the processor, a request to control a vehicle feature via a gesture at the wireless device based on input received at a user interface associated with the vehicle feature, then searching for the mobile device based on the request to control the vehicle feature and enabling the wireless device to control the vehicle feature using the gesture if the wireless device is detected within a predefined distance of the user interface. Buttolo further teaches using one or more sensors, e.g., gyroscope, accelerometer, etc., to detect gestures).
It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to modify Cieslar in view of Buttolo with a reasonable expectation of success, as both inventions are directed to the same field of endeavor - vehicle control systems and the combination would provide improved personal device location estimation & gesture detection (see at least Buttolo’s ¶¶58-60).
As per claim 6, Cieslar as modified by Buttolo teaches the method of claim 1, accordingly, the rejection of claim 1 above is incorporated. Cieslar further discloses wherein the arbitrating includes confirming that the micro portion and the macro portion occur both within a predefined time period (Cieslar, in at least Fig. 1 and ¶¶19-27, 48 & 59, discloses authentication of an owner's smart phone, e.g., as part of a PaaK system, or equivalent smart key/mobile device with compatible communication protocol carried by a user, wherein the processor is configured for actively, e.g. continuously or at time intervals, determining a current location of the mobile device and updating the rendezvous point and path thereto).
As per claim 7, Cieslar as modified by Buttolo teaches the method of claim 1, accordingly, the rejection of claim 1 above is incorporated. Cieslar further discloses wherein the detecting the performance of the macro portion and the detecting the performance of the macro portion are performed in a concurrent or overlapping manner (Cieslar, in at least Fig. 1 and ¶¶19-27, 48 & 59, discloses authentication of an owner's smart phone, e.g., as part of a PaaK system, or equivalent smart key/mobile device with compatible communication protocol carried by a user, wherein the processor is configured for actively, e.g. continuously or at time intervals, determining a current location of the mobile device and updating the rendezvous point and path thereto).
As per claim 8, Cieslar as modified by Buttolo teaches the method of claim 1, accordingly, the rejection of claim 1 above is incorporated. Cieslar further discloses wherein the arbitrating includes sending a notification message to the mobile device to inform that the validation was unsuccessful and the function is not being invoked, responsive to the macro portion not occurring within a predefined time period (Cieslar, in at least Fig. 1 and ¶¶19-29, 48, 50 & 59, discloses authorization may comprises biometric, password and/or other security features available to the portable device. Cieslar’s system may report to the user, via device 16, that it is ready to activate/be summoned which could require an additional confirmation step. In this way, a summon and unlock feature could not be activated by an unauthorized person).
As per claim 9, Cieslar as modified by Buttolo teaches the method of claim 1, accordingly, the rejection of claim 1 above is incorporated. Cieslar further discloses wherein the arbitrating includes sending a notification message to the mobile device to inform that the function is not being invoked, responsive to sensors of the vehicle indicating that the function cannot be performed (Cieslar, in at least Fig. 1 and ¶¶19-29, 48 & 59, discloses authentication of an owner's smart phone, e.g., as part of a PaaK system, or equivalent smart key/mobile device with compatible communication protocol carried by a user, wherein authorization may comprises biometric, password and/or other security features available to the portable device. Cieslar’s system may report to the user, via device 16, that it is ready to activate/be summoned which could require an additional confirmation step. In this way, a summon and unlock feature could not be activated by an unauthorized person)
As per claim 10, Cieslar as modified by Buttolo teaches the method of claim 1, accordingly, the rejection of claim 1 above is incorporated. Cieslar is silent on claim 10 limitations, however Buttolo teaches, in at least Fig(s). 2, 5 & 6 & ¶¶24 & 59-66 that is was old and well known at the time of filing in the art of vehicle control systems, wherein the micro portion is detected at least in part using one or more IMU sensors of wearables in wireless communication with the mobile device (Buttolo, in at least Fig(s). 2, 5 & 6 & ¶¶24 & 59-66, teaches to receive gesture commands via motion of the wearable device, wherein the method 600 of controlling a vehicle feature/ function using a wearable device via a communication link with the vehicle computing system (VCS)).
It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to modify Cieslar in view of Buttolo with a reasonable expectation of success, as both inventions are directed to the same field of endeavor - vehicle control systems and the combination would provide improved personal device location estimation & gesture detection (see at least Buttolo’s ¶¶58-60).
As per claim 11, Cieslar as modified by Buttolo teaches the method of claim 1, accordingly, the rejection of claim 1 above is incorporated. Cieslar is silent on claim 11 limitations, however Buttolo teaches, in at least Fig. 2 & ¶¶24, 36-38, 45 & 59-66 that is was old and well known at the time of filing in the art of vehicle control systems, further comprising sending, from the vehicle to the mobile device, a definition of the micro portion of the macro-micro gesture customized to the mobile device (Buttolo, in at least Fig. 2 & ¶¶24, 36-38, 45 & 59-66, teaches the passive entry passive start (PEPS) controller 212 and the wearable device 83 undergo a series of communications back and forth to each other (handshaking, for example) for vehicle access authentication purposes, wherein the PEPS controller 212 may unlock the doors in response to a successful completion of the handshaking process and the wearable device 83 being maneuvered in a predefined gesture. Once the user is in the vehicle 31, the user may simply perform another maneuver of a predefined gesture via the wearable device 83 to start the vehicle. Buttolo further teaches the gesture application may receive a feature identification from a vehicle control module (the processor 3, for example) to determine what setting adjustment message to send based on the detected gesture via the accelerometer and/or gyroscope of the device).
It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to modify Cieslar in view of Buttolo with a reasonable expectation of success, as both inventions are directed to the same field of endeavor - vehicle control systems and the combination would provide improved personal device location estimation & gesture detection (see at least Buttolo’s ¶¶58-60).
As per claim 12, Cieslar as modified by Buttolo teaches the method of claim 1, accordingly, the rejection of claim 1 above is incorporated. Cieslar is silent on claim 12 limitations, however Buttolo teaches, in at least Fig. 2 & ¶¶24, 36-38, 45-46 & 59-66 that is was old and well known at the time of filing in the art of vehicle control systems, further comprising maintaining, by the mobile device, a definition of the micro portion of the macro-micro gesture to be detected (Buttolo, in at least Fig. 2 & ¶¶24, 36-38, 45 & 59-66, teaches the passive entry passive start (PEPS) controller 212 and the wearable device 83 undergo a series of communications back and forth to each other (handshaking, for example) for vehicle access authentication purposes, wherein the PEPS controller 212 may unlock the doors in response to a successful completion of the handshaking process and the wearable device 83 being maneuvered in a predefined gesture. Once the user is in the vehicle 31, the user may simply perform another maneuver of a predefined gesture via the wearable device 83 to start the vehicle. Buttolo further teaches the gesture application may receive a feature identification from a vehicle control module (the processor 3, for example) to determine what setting adjustment message to send based on the detected gesture via the accelerometer and/or gyroscope of the device. Buttolo also teaches the gesture application may provide a predefined amount of gesture motions that may be applicable to vehicle settings associated with several vehicle features. For example, the wearable device 83 may establish communication with the seat module. In response to the established communication with the seat module, the wearable device 83 may associate one or more gesture motions with seat settings).
It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to modify Cieslar in view of Buttolo with a reasonable expectation of success, as both inventions are directed to the same field of endeavor - vehicle control systems and the combination would provide improved personal device location estimation & gesture detection (see at least Buttolo’s ¶¶58-60).
As per claim 13, Cieslar as modified by Buttolo teaches the method of claim 1, accordingly, the rejection of claim 1 above is incorporated. Cieslar further discloses further comprising:
detecting, by the PaaK sensors of the vehicle, the performance of the macro portion of the macro-micro gesture by the mobile device, the macro-micro gesture requesting the invocation of the function of the vehicle (Cieslar, in at least Fig. 1 [reproduced here for convenience], Claims 2 & 7 and ¶¶18-26, 48 & 59, discloses secured short-range summon feature of a vehicle ensures that the vehicle can unlock and position itself precisely where a driver can reach a driver door by hand, and the vehicle follows a moving user based on the current/updated/determined location of the mobile device, wherein if summoning has been requested from device 16, e.g. in addition to an unlocking function, at step 23 controller 13 calculates/estimates/determines the location of the device 16, e.g. via trilateration or an equivalent process, utilizing the vehicles sensors/devices 12, wherein the controller is configured to track any movement of the portable electronic device to determine a current relative location thereof and update the path calculation [See Applicant’s Specification ¶47, wherein the macro gesture comprises a sequence of locations of the mobile device 110 over time]. Cieslar further discloses the vehicle determines a rendezvous spot based on the authentication of an owner's phone, e.g. phone-as-key setup, and UWB localization. Cieslar also discloses the determination of the owner's position, using the portable device as a proxy for that position, relative to a vehicle coordinate system, e.g. via ultra-wide band transceivers where position is found by triangulation/ trilateration of distances between the phone and a set of nodes installed in a vehicle, wherein a combination of Angle of Arrival (AoA), distance, inertial measurement unit (IMU) indication and/or limited field of view would allow the use of one transceiver to obtain an external portable device (phone) location. Cieslar furthermore discloses a vehicle fitted with several UWB sensors, detection or communication device configured to determine the location of a mobile/ portable electronic device, as carried by a user, relative to the vehicle, wherein the vehicle comprises a processor or control unit which is configured for establishing a connection with the mobile device, authenticating same, waking the vehicle from a standby mode, determining or at least estimating a location of the mobile device, activating a running gear of the vehicle and guiding the vehicle to the position of the portable electronic device),
sending, from a transceiver of the vehicle to the mobile device, a macro gesture detection message requesting that the mobile device monitor for the performance of the micro portion of the macro-micro gesture to be detected by the mobile device (Cieslar, in at least Fig. 1 [reproduced here for convenience], Claims 2 & 7 and ¶¶18-26, 48 & 59, discloses secured short-range summon feature of a vehicle ensures that the vehicle can unlock and position itself precisely where a driver can reach a driver door by hand, and the vehicle follows a moving user based on the current/updated/determined location of the mobile device, wherein if summoning has been requested from device 16, e.g. in addition to an unlocking function, at step 23 controller 13 calculates/estimates/determines the location of the device 16, e.g. via trilateration or an equivalent process, utilizing the vehicles sensors/devices 12, wherein the controller is configured to track any movement of the portable electronic device to determine a current relative location thereof and update the path calculation. Cieslar further discloses the vehicle determines a rendezvous spot based on the authentication of an owner's phone, e.g. phone-as-key setup, and UWB localization. Cieslar also discloses the determination of the owner's position, using the portable device as a proxy for that position, relative to a vehicle coordinate system, e.g. via ultra-wide band transceivers where position is found by triangulation/ trilateration of distances between the phone and a set of nodes installed in a vehicle, wherein a combination of Angle of Arrival (AoA), distance, inertial measurement unit (IMU) indication and/or limited field of view would allow the use of one transceiver to obtain an external portable device (phone) location. Cieslar furthermore discloses a vehicle fitted with several UWB sensors, detection or communication device configured to determine the location of a mobile/ portable electronic device, as carried by a user, relative to the vehicle, wherein the vehicle comprises a processor or control unit which is configured for establishing a connection with the mobile device, authenticating same, waking the vehicle from a standby mode, determining or at least estimating a location of the mobile device, activating a running gear of the vehicle and guiding the vehicle to the position of the portable electronic device),
receiving, from the mobile device to the transceiver, responsive to the mobile device detecting the micro portion of the macro-micro gesture, a micro gesture detection message indicating the performance of the micro portion of the macro-micro gesture (Cieslar, in at least Fig. 1 and ¶¶20-26, 46-48 & 59, discloses, a user of portable device 16 may initiate vehicle activation, e.g. for the purposes of "summoning" the vehicle from its parking spot, wherein a signal is sent from the portable device 16 to the controller 13, e.g. via communication devices 12, wherein if summoning has been requested from device 16, e.g. in addition to an unlocking function, the controller 13 calculates/estimates/determines the location of the device 16, e.g. via trilateration or an equivalent process, utilizing the vehicles sensors/devices 12, wherein the controller is configured to track any movement of the portable electronic device to determine a current relative location thereof and update the path calculation. Cieslar further discloses the determination of the owner's position, using the portable device as a proxy for that position, relative to a vehicle coordinate system, e.g. via ultra-wide band transceivers where position is found by triangulation/ trilateration of distances between the phone and a set of nodes installed in a vehicle, wherein a combination of Angle of Arrival (AoA), distance, inertial measurement unit (IMU) indication and/or limited field of view would allow the use of one transceiver to obtain an external portable device (phone) location. Cieslar also discloses a vehicle fitted with several UWB sensors, detection or communication device configured to determine the location of a mobile/ portable electronic device, as carried by a user, relative to the vehicle, wherein the vehicle comprises a processor or control unit which is configured for establishing a connection with the mobile device, authenticating same, waking the vehicle from a standby mode, determining or at least estimating a location of the mobile device, activating a running gear of the vehicle and guiding the vehicle to the position of the portable electronic device),
arbitrating, by the vehicle, to validate that the function of the vehicle is to be performed in view of performance of both the micro portion and the macro Cieslar, in at least Fig. 1 and ¶¶19-26, 48 & 59, discloses authentication of an owner's smart phone, e.g., as part of a PaaK system, or equivalent smart key/mobile device with compatible communication protocol carried by a user), and
invoking the function of the vehicle responsive to the validation being successful (Cieslar, in at least Fig. 1 and ¶¶18-26, 48 & 59, discloses secured short-range summon feature of a vehicle ensures that the vehicle can unlock and position itself precisely where a driver can reach a driver door by hand, wherein the vehicle follows a moving user based on the current/updated/determined location of the mobile device).
While Cieslar, in certain embodiments, implicitly requires gesture by a mobile device to track any movement of the portable electronic device to determine a current relative location thereof and update the path calculation, it does not explicitly recite gesture.
Buttolo teaches, in at least Abstract, Fig(s). 4, 5, 6 & 7 and ¶¶1-6 & 60 that is was old and well known at the time of filing in the art of vehicle control systems, gesture by a mobile device & requesting invocation of a function of the vehicle (Buttolo, in at least Abstract, Fig(s). 4, 5, 6 & 7 and ¶¶1-6 & 60, teaches to control a setting for the first vehicle feature based on received data associated with one or more gestures made using the wireless device, wherein Buttolo’s method includes receiving, via the processor, a request to control a vehicle feature via a gesture at the wireless device based on input received at a user interface associated with the vehicle feature, then searching for the mobile device based on the request to control the vehicle feature and enabling the wireless device to control the vehicle feature using the gesture if the wireless device is detected within a predefined distance of the user interface. Buttolo further teaches using one or more sensors, e.g., gyroscope, accelerometer, etc., to detect gestures).
It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to modify Cieslar in view of Buttolo with a reasonable expectation of success, as both inventions are directed to the same field of endeavor - vehicle control systems and the combination would provide improved personal device location estimation & gesture detection (see at least Buttolo’s ¶¶58-60).
As per claims 14-19, the claims are directed towards systems that recite similar limitations performed by the methods of claims 1-4, 6-8, 11 & 13. The cited portions of Cieslar and Buttolo used in the rejection of claims 1-4, 6-8, 11 & 13 teach the same steps performed by the system of claims 14-19. Therefore, claims 14-19 are rejected under the same rationales used in the rejections of claim 1-4, 6-8, 11 & 13 as outlined above.
As per claim 20, the claim is directed towards a non-transitory computer readable medium comprising instructions that recites similar limitations performed by the method of claim 1. The cited portions of Cieslar and Buttolo used in the rejection of claim 1 teach the same steps in the instructions of claim 20. Therefore, claim 20 is rejected under the same rationales used in the rejection of claim 1 as outlined above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. See previously mailed PTO-892 form.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 extension fee 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.
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/Tarek Elarabi/Primary Examiner, Art Unit 3661