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 .
Election/Restrictions
Applicant's election with traverse of species A, FIG.1 in the reply filed on 10/29/2025 is acknowledged. The traversal is on the ground(s) that “Applicant submits that examination of all species would not present an undue burden as the search areas substantially overlap. The Examiner has not demonstrated that the species require separate search queries or different fields of search. All alleged species relate to the same field of smart key technology for vehicle access control systems. The core functionality of transmitting key-identifying information and stopping transmission based on electromagnetic wave intensity monitoring is common across all alleged species. Similar prior art references and search strategies would be applicable to examine all alleged species, as they all involve radio-frequency communication between smart keys and vehicles. The alleged differences between figures relate to implementation details rather than fundamentally different technologies requiring different search approaches that would impose a serious search and/or examination burden on the Examiner.”. This is not found persuasive because the figures clearly show different structures operating for different functions which are not considered or described as obvious structural variants of each other.
The requirement is still deemed proper and is therefore made FINAL.
However, all of the pending claims appear to read on the elected species.
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) 1-2 is/are rejected under 35 U.S.C. 103 as being unpatentable over KUSUMOTO et al. (US 11320513 B2) in view of NAGAYAMA et al. (US 20060061452 A1).
Re claim 1. KUSUMOTO discloses (abstract) an information processing device 2 (FIG.1) comprising:
a first transmitter (portable device side transmitting circuit 23) configured to transmit first key-identifying information (c.6, l.30-49; c.14, l.5-16, l.43-47; c.22, l.41-43 – i.e. a response code used in the authentication process of the challenge-response method) using a radio-frequency electromagnetic wave (c.5, l.17-44 – i.e. Ultra Wide Band (UWB) communication) having a predetermined frequency (c.21, l.21-25), the first key-identifying information being linked (i.e. given that the device 2 is authenticated by way of code(s) – interpreted as being linked to the vehicle) to a predetermined vehicle 1;
(110) When it is determined that the above-mentioned relay action (so-called a relay attack) is taking place, the position estimation device 11 prohibits the operation of the vehicle electronic key system, for example. The vehicle electronic key system referred to now means a system in which the vehicle-mounted system 1 and the portable device 2 communicate wirelessly with each other using radio waves in a predetermined frequency band so that the vehicle-mounted system 1 authenticates the portable device 2 and executes a predetermined vehicle control, such as unlocking the doors and starting the engine. The vehicle electronic key system corresponds to so-called a smart entry system.
one or more processors (portable-side controller 22); and
a recording medium storing a program (c.6, l.4-13 – i.e. implicitly storage medium storing program/functions required for operation are used – smart phones used as an example for a portable device 2 requires at least one recording medium storing a program) configured to be executed by the one or more processors (i.e. processors require at least one type of memory storage for running proper programs).
However, KUSUMOTO fails to explicitly disclose:
wherein the program comprises one or more instructions configured to cause the one or more processors to perform a process to stop the first transmitter from transmitting the first key-identifying information when it is determined that the radio-frequency electromagnetic wave having the predetermined frequency has increased in intensity.
NAGAYAMA teaches (abstract) in a similar field of endeavor (i.e. RFID communications between wireless tags and readers, including devices such as cellular phones and tags), a control system (FIG.1) wherein a program [0054] is configured to perform a stop of a transmitter from transmitting first information (i.e. sensing signal) when it is determined that radio-frequency electromagnetic wave having predetermined frequency [0004] has increased in intensity (i.e. when intensity increases – indicating a closer communication distance).
[0054] By configuring as described above, the control system of the present invention monitors the intensity of the sensing signal and stops the function of the equipment if the intensity increases (the wireless tag leader comes closer).
A person of ordinary skill in the art would have had good reason to pursue the known options of stopping transmitting of information signal when it is determined that intensity of radio frequency electromagnetic wave increases or exceeds a predetermined level to prevent further signaling thereby reducing energy consumption. It would require no more than "ordinary skill and common sense," to reduce energy consumption by stopping transmission once no longer needed.
Re claim 2. KUSUMOTO as modified by NAGAYAMA (as applied for claim 1) discloses the information processing device according to claim 1, further comprising:
a receiver 21 configured to receive the radio-frequency electromagnetic wave having the predetermined frequency (c.6, l.21-29),
wherein the one or more instructions are configured to cause the one or more processors to perform a process to measure an intensity of the radio-frequency electromagnetic wave that has the predetermined frequency and that is received by the receiver (given the combination above – the receiving circuit 21 would receive the RF signals for further processing – i.e. measuring such intensity is required).
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over KUSUMOTO et al. (US 11320513 B2) in view of NAGAYAMA et al. (US 20060061452 A1) further in view of ERIKSEN et al. (US 20190248328 A1).
Re claim 3. However, KUSUMOTO as modified by NAGAYAMA fails to explicitly disclose:
the information processing device according to claim 1, further comprising:
a second transmitter configured to transmit second key-identifying information using the radio-frequency electromagnetic wave having the predetermined frequency, the second key-identifying information being unlinked to the predetermined vehicle.
ERIKSEN teaches (abstract) in a similar field of invention, [0032] a second transmitter to transmit another type of key-identifying information (only highly encrypted keying data) [0005] unlinked to a specific vehicle.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to try adding a second transmitter to transmit second key-identifying information using the radio-frequency electromagnetic wave having the predetermined frequency in order to use encrypted data thereby increasing security of information processing device operation.
Claim(s) 4-5 and 7-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over KUSUMOTO et al. (US 11320513 B2) in view of NAGAYAMA et al. (US 20060061452 A1) further in view of HASSETT et al. (US 5406275 A).
Re claims 4-5. KUSUMOTO as modified by NAGAYAMA discloses (as discussed above) wherein the one or more instructions are configured to cause the one or more processors to perform a process to stop the first transmitter from transmitting the first key-identifying information when it is determined.
However, KUSUMOTO as modified by above (including any corresponding references) fails to explicitly disclose:
based on a comparison of a measured intensity of the radio-frequency electromagnetic wave with a threshold, that the radio-frequency electromagnetic wave having the predetermined frequency has increased in intensity.
Re claims 7-8. KUSUMOTO as modified by NAGAYAMA discloses (as discussed above) wherein the one or more instructions are configured to cause the one or more processors to perform a process to stop the first transmitter from transmitting the first key-identifying information when it is determined.
However, KUSUMOTO as modified by above (including any corresponding references) fails to explicitly disclose:
based on a comparison of a most recently measured intensity of the radio-frequency electromagnetic wave with an intensity of the radio-frequency electromagnetic wave measured a predetermined time earlier, that the radio-frequency electromagnetic wave having the predetermined frequency has increased in intensity.
HASSETT teaches (abstract) in a similar field of invention, radio frequency communication and measuring intensity level, (claim 9) wherein functions are based on a comparison of a measured intensity of the radio-frequency electromagnetic wave with a threshold (i.e. means for measuring said intensity level of said radio frequency signals received – claim 13 - preset threshold), that the radio-frequency electromagnetic wave having the predetermined frequency has increased in intensity and based on a comparison of a most recently measured intensity of the radio-frequency electromagnetic wave with an intensity of the radio-frequency electromagnetic wave measured a predetermined time earlier (i.e. field strength patterns stored in a memory), that the radio-frequency electromagnetic wave having the predetermined frequency has increased in intensity (i.e. means for comparing said intensity level of said radio frequency signals received), for the purpose of increasing accuracy (c.1, l.20-23).
a mobile transceiver affixable to said mobile object, and having a preassigned identity, wherein said mobile transceiver includes means for receiving said radio frequency signals from at least said first and said second stationary transceiver units, decoding means for determining from said signals which of said transmitters transmitted each of said signals, means for measuring said intensity level of said radio frequency signals received from said first and said second stationary transceiver units at said mobile transceiver, means for comparing said intensity level of said radio frequency signals received from said first stationary transceiver unit to said first directionally varying field strength pattern and for comparing said radio frequency signals received from said second stationary transceiver unit to said second directionally varying field strength pattern, said first and second directionally varying field strength patterns stored in a memory connected to said comparing means, to determine said location of said mobile object, wherein said location is determined in relation to said first and said second stationary transceiver units, and means for transmitting said mobile receiver preassigned identity and said location back to at least one of said stationary transceiver units.
13. Apparatus according to claim 12 wherein said processor includes means for counting incidents of any of said field intensities measured by said intensity measurement means being greater than a preset threshold.
The prior art also teaches the known technique of using a comparison of a measured intensity of the radio-frequency electromagnetic wave with a threshold and/or a comparison of a most recently measured intensity of the radio-frequency electromagnetic wave for determining an intensity change of such wave(s). A person of ordinary skill in the art would have recognized that applying the known technique of using a comparison as claimed, would have yielded predictable results and would have improved the accuracy of determining an increase in intensity.
Claim(s) 6 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over KUSUMOTO et al. (US 11320513 B2) in view of NAGAYAMA et al. (US 20060061452 A1) further in view of ERIKSEN et al. (US 20190248328 A1) and further in view of HASSETT et al. (US 5406275 A).
Re claim 6. KUSUMOTO as modified by above (including any corresponding references) discloses (as discussed above) wherein the one or more instructions are configured to cause the one or more processors to perform a process to stop the first transmitter from transmitting the first key-identifying information when it is determined.
However, KUSUMOTO as modified by above (including any corresponding references) fails to explicitly disclose:
based on a comparison of a measured intensity of the radio-frequency electromagnetic wave with a threshold, that the radio-frequency electromagnetic wave having the predetermined frequency has increased in intensity.
Re claim 9. KUSUMOTO as modified by above (including any corresponding references) discloses (as discussed above) wherein the one or more instructions are configured to cause the one or more processors to perform a process to stop the first transmitter from transmitting the first key-identifying information when it is determined.
However, KUSUMOTO as modified by above (including any corresponding references) fails to explicitly disclose:
based on a comparison of a most recently measured intensity of the radio-frequency electromagnetic wave with an intensity of the radio-frequency electromagnetic wave measured a predetermined time earlier, that the radio-frequency electromagnetic wave having the predetermined frequency has increased in intensity.
HASSETT teaches (abstract) in a similar field of invention, radio frequency communication and measuring intensity level, (claim 9) wherein functions are based on a comparison of a measured intensity of the radio-frequency electromagnetic wave with a threshold (i.e. means for measuring said intensity level of said radio frequency signals received – claim 13 - preset threshold), that the radio-frequency electromagnetic wave having the predetermined frequency has increased in intensity and based on a comparison of a most recently measured intensity of the radio-frequency electromagnetic wave with an intensity of the radio-frequency electromagnetic wave measured a predetermined time earlier (i.e. field strength patterns stored in a memory), that the radio-frequency electromagnetic wave having the predetermined frequency has increased in intensity (i.e. means for comparing said intensity level of said radio frequency signals received), for the purpose of increasing accuracy (c.1, l.20-23).
a mobile transceiver affixable to said mobile object, and having a preassigned identity, wherein said mobile transceiver includes means for receiving said radio frequency signals from at least said first and said second stationary transceiver units, decoding means for determining from said signals which of said transmitters transmitted each of said signals, means for measuring said intensity level of said radio frequency signals received from said first and said second stationary transceiver units at said mobile transceiver, means for comparing said intensity level of said radio frequency signals received from said first stationary transceiver unit to said first directionally varying field strength pattern and for comparing said radio frequency signals received from said second stationary transceiver unit to said second directionally varying field strength pattern, said first and second directionally varying field strength patterns stored in a memory connected to said comparing means, to determine said location of said mobile object, wherein said location is determined in relation to said first and said second stationary transceiver units, and means for transmitting said mobile receiver preassigned identity and said location back to at least one of said stationary transceiver units.
13. Apparatus according to claim 12 wherein said processor includes means for counting incidents of any of said field intensities measured by said intensity measurement means being greater than a preset threshold.
The prior art also teaches the known technique of using a comparison of a measured intensity of the radio-frequency electromagnetic wave with a threshold and/or a comparison of a most recently measured intensity of the radio-frequency electromagnetic wave for determining an intensity change of such wave(s). A person of ordinary skill in the art would have recognized that applying the known technique of using a comparison as claimed, would have yielded predictable results and would have improved the accuracy of determining an increase in intensity.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CARLOS E GARCIA whose telephone number is (571)270-1354. The examiner can normally be reached M-Th 9-6pm F 9-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Zimmerman can be reached at (571) 272-3059. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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CARLOS E. GARCIA
Primary Examiner
Art Unit 2686
/Carlos Garcia/Primary Examiner, Art Unit 2686 1/05/2026