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 .
Claims 1-20 are presented for examination.
Priority
The Applicants’ claim for priority based upon U.S. Provisional Application 62/744,814 filed on October 12, 2018 is duly noted by the examiner.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on August 8, 2024, October 10, 2024, November 27, 2024, January 17, 2025, and May 2, 2025 have been considered by the examiner.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1, 4, 5, 8-13, 16, 17, 19, and 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 4, 5, 7, 10, 11, 19, and 20 of U.S. Patent No. 12,100,251. Although the claims at issue are not identical, they are not patentably distinct from each other because both applications claim receiver and transmitter devices configured to send and receive tone signals. The claims are presented below for convenience.
Application 18/375,087
U.S. Patent No. 12,100,251
1. A system for accessing or providing operational control of an object, the system comprising: a first network device comprising a transmitter configured to transmit from the object to a second network device a first tone signal at a first frequency and a second tone signal at a second frequency, and a receiver configured to i) receive a first response signal from the second network device in response to the first tone signal, and ii) receive a second response signal from the second network device in response to the second tone signal; and a controller configured i) to control the first network device to transmit the first tone signal and the second tone signal to the second network device, and ii) based on the first response signal and the second response signal, to determine a distance between the first network device and the second network device, and iii) prevent at least one of access to or operation control of the object based on the distance.
1. A system for accessing or providing operational control of a vehicle, the system comprising: an initiator device configured to transmit a first tone signal from the vehicle to a responder device, and to receive a second tone signal from the responder device in response to the first tone signal, wherein the responder device is a portable access device; a sniffer device configured to receive the first tone signal from the initiator device and the second tone signal from the responder device, and to determine, based on the first tone signal and the second tone signal, i) first tone values associated with a difference in phase of the first tone signal from when the first tone signal is transmitted from the initiator device to when the first tone signal is received at the sniffer device, and ii) second tone values associated with a difference in phase of the second tone signal from when the second tone signal is transmitted from the responder device to when the second tone signal is received at the sniffer device; and a control module, implemented at the initiator device or the sniffer device, and configured to estimate a distance from the responder device to the sniffer device based on the first tone values and the second tone values, and to prevent at least one of access to or operation control of the vehicle based on the estimated distance; wherein the initiator device and sniffer device are different devices.
4. The system of claim 1, wherein at least one of: the first tone signal and the second tone signal are one megahertz signals transmitting one megabits per second of data each; and the first tone signal and the second tone signal are two megahertz apart.
5. The system of claim 1, wherein: the first tone signal and the second tone signal are exchanged at multiple frequencies; and the control module is configured to estimate the distance based on measured phases of the first tone signal and the second tone signal at multiple frequencies.
5. The system of claim 1, wherein: the first network device simultaneously transmits to the second network device a first symbol on the first frequency and a second symbol on the second frequency; and the first symbol and the second symbol are each less than or equal to one microsecond in length to prevent a successful attack.
5. The system of claim 1, wherein: the first tone signal and the second tone signal are exchanged at multiple frequencies; and the control module is configured to estimate the distance based on measured phases of the first tone signal and the second tone signal at multiple frequencies.
8. The system of claim 1, wherein: the transmitter is configured to transmit the first tone signal including a series of tones; and the controller is configured to for each of the tones, change a corresponding frequency during transmission of that tone, generate a plurality of curves respectively for ones of the tones relating changes in phases of each of the tones to changes in frequencies, determine slopes of the plurality of curves, and determine the distance based on the slopes of the plurality of curves
11. The system of claim 1, wherein the control module is configured to: generate a first representation of the first tone signal when received at the responder device in natural logarithmic form; generate a second representation of the first tone signal when received at the sniffer device in natural logarithmic form; generate a third representation of the second tone signal when received at the sniffer device in natural logarithmic form; and based on the first representation, the second representation and the third representation, estimate the distance.
9. The system of claim 1, wherein: the transmitter is configured to transmit the first tone signal including a series of tones; and the controller randomizes a channel selected for the transmission of the series of tones.
7. The system of claim 1, further comprising: a first antenna module implemented at the initiator device and configured to transmit the first tone signal and to receive the second tone signal; and a second antenna module implemented at the sniffer device and configured to receive the first tone signal and the second tone signal.
10. The system of claim 1, wherein: the transmitter is configured to transmit the first tone signal including a series of tones; the controller randomizes a direction that a plurality of tones are transmitted between the first network device and the second network device; and the plurality of tones include one or more of the tones in the series of tones.
4. The system of claim 1, wherein the control module is configured to estimate an amount of time for the first tone signal to travel from the initiator device to the responder device based on i) third tone values associated with a difference in phase of the first tone signal from when the first tone signal is transmitted from the initiator device to when the first tone signal is received at the responder device, and ii) fourth tone values associated with a difference in phase of the second tone signal from when the second tone signal is transmitted from the responder device to when the second tone signal is received at the responder device.
11. The system of claim 1, wherein the controller is configured to: via the transmitter and the receiver, transmit and receive a plurality of series of tones via the transmitter and the receiver; and based on differences in phases and corresponding differences in frequencies of the plurality of series of tones, determine the distance.
10. The system of claim 1, wherein the control module is configured to: based on the state of the first tone signal when received at the responder device, determine a first amount of time for the first tone signal to travel from the initiator device to the responder device; based on the state of the second tone signal when received at the sniffer device, determine a second amount of time for the second tone signal to travel from the responder device to the sniffer device; and based on the first amount of time and the second amount of time, estimate the distance.
12. The system of claim 1, further comprising the second network device, wherein: the first network device comprises a first tone exchange responder and a first tone exchange initiator; the first tone exchange initiator includes the transmitter; the first tone exchange responder includes the receiver; the second network device comprises a second tone exchange responder and a second tone exchange initiator; the second tone exchange responder responds to a first series of tones by transmitting the first series of tones or a second series of tones back to the first tone exchange initiator, wherein the first tone signal includes the first series of tones; and the second tone exchange initiator transmits a third series of tones to the first tone exchange responder.
4. The system of claim 1, wherein the control module is configured to estimate an amount of time for the first tone signal to travel from the initiator device to the responder device based on i) third tone values associated with a difference in phase of the first tone signal from when the first tone signal is transmitted from the initiator device to when the first tone signal is received at the responder device, and ii) fourth tone values associated with a difference in phase of the second tone signal from when the second tone signal is transmitted from the responder device to when the second tone signal is received at the responder device.
13. A system for accessing or providing operational control of an object, the system comprising: a first network device comprising a transmitter configured to transmit a first tone signal from the object to a second network device at a first frequency, and a receiver configured to i) receive a first response signal from the second network device in response to the first tone signal, and ii) receive a second tone signal from the second network device at a second frequency, the transmitter is configured, in response to the second tone signal, to transmit a second response signal to the second network device; and a controller configured i) to control the first network device to transmit the first tone signal and the receiver to receive the second tone signal, and ii) based on the first response signal and the second tone signal, to determine a distance between the first network device and the second network device, and iii) prevent at least one of access to or operation control of the object based on the distance.
19. A system for accessing or providing operational control of a vehicle, the system comprising: an initiator device comprising a first antenna module, wherein the first antenna module is configured to transmit a first tone signal from the vehicle to a responder device, wherein the responder device is a portable access device, and to receive a second tone signal from the responder device in response to the first tone signal; and a sniffer device configured to receive the first tone signal from the initiator device and the second tone signal from the responder device, and to determine, based on the first tone signal and second tone signal, i) first tone values associated with a difference in phase of the first tone signal from when the first tone signal is transmitted from the initiator device to when the first tone signal is received at the sniffer device, and ii) second tone values associated with a difference in phase of the second tone signal from when the second tone signal is transmitted from the responder device to when the second tone signal is received at the sniffer device; and a control module, implemented at the initiator device or the sniffer device, and configured to i) estimate at least one of a first distance from the vehicle to the responder device or a second distance from the responder device to the sniffer device based on the first tone values and the second tone values, and ii) prevent at least one of access to or operation control of the vehicle based on at least one of the estimated first distance or the estimated second distance; wherein the initiator device and sniffer device are different devices.
16. The system of claim 13, wherein: the first tone signal and the second tone signal are one megahertz signals transmitting one megabits per second of data each; and the first tone signal and the second tone signal are two megahertz apart.
5. The system of claim 1, wherein: the first tone signal and the second tone signal are exchanged at multiple frequencies; and the control module is configured to estimate the distance based on measured phases of the first tone signal and the second tone signal at multiple frequencies.
17. The system of claim 13, wherein the controller is configured, subsequent to synchronizing the first network device to the second network device, to i) cause the transmitter to transmit the first tone signal to the second network device.
19. A system for accessing or providing operational control of a vehicle, the system comprising: an initiator device comprising a first antenna module, wherein the first antenna module is configured to transmit a first tone signal from the vehicle to a responder device, wherein the responder device is a portable access device, and to receive a second tone signal from the responder device in response to the first tone signal; and a sniffer device configured to receive the first tone signal from the initiator device and the second tone signal from the responder device, and to determine, based on the first tone signal and second tone signal, i) first tone values associated with a difference in phase of the first tone signal from when the first tone signal is transmitted from the initiator device to when the first tone signal is received at the sniffer device, and ii) second tone values associated with a difference in phase of the second tone signal from when the second tone signal is transmitted from the responder device to when the second tone signal is received at the sniffer device; and a control module, implemented at the initiator device or the sniffer device, and configured to i) estimate at least one of a first distance from the vehicle to the responder device or a second distance from the responder device to the sniffer device based on the first tone values and the second tone values, and ii) prevent at least one of access to or operation control of the vehicle based on at least one of the estimated first distance or the estimated second distance; wherein the initiator device and sniffer device are different devices.
19. The system of claim 13, wherein: clock timing of the first network device and the second network device are synchronized; the first network device transmits a first symbol to the second network device; and the second network device transmits a second symbol to the first network device simultaneously with the transmission of the first symbol by the first network device to the second network device, wherein the first symbol and the second symbol are each less than or equal to one microsecond in length to prevent a successful attack.
10. The system of claim 1, wherein the control module is configured to: based on the state of the first tone signal when received at the responder device, determine a first amount of time for the first tone signal to travel from the initiator device to the responder device; based on the state of the second tone signal when received at the sniffer device, determine a second amount of time for the second tone signal to travel from the responder device to the sniffer device; and based on the first amount of time and the second amount of time, estimate the distance.
20. The system of claim 13, wherein: the transmitter is configured to transmit the first tone signal including a series of tones and change frequencies of the tones during the transmission of the series of tones; and the controller is configured to i) determine differences in phases of the series of tones versus differences in frequencies of the series of tones, ii) based on the differences in the phases and the differences in the frequencies, determine the distance between the first network device and the second network device.
20. A method for accessing or providing operational control of a vehicle, the method comprising: transmitting via an initiator device a first tone signal from the vehicle to a responder device; receiving the initiator device a second tone signal from the responder device in response to the first tone signal, wherein the responder device is a portable access device; receiving via a sniffer device the first tone signal from the initiator device and the second tone signal from the responder device; determining at the sniffer device, based on the first tone signal and the second tone signal, i) first tone values associated with a difference in phase of the first tone signal from when the first tone signal is transmitted from the initiator device to when the first tone signal is received at the sniffer device, and ii) second tone values associated with a difference in phase of the second tone signal from when the second tone signal is transmitted from the responder device to when the second tone signal is received at the sniffer device; and at the initiator device or the sniffer device, estimating a distance from the responder device to the sniffer device based on the first tone values and the second tone values, and preventing at least one of access to or operation control of the vehicle based on the estimated distance; wherein the initiator device and sniffer device are different devices.
Claims 2 and 14 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,100,251 in view of Lanzi et al. [U.S. Patent 6,353,406]
With regard to claim 2, U.S. Patent 12,100,251 meets all of the limitations of the claim except for the synchronization of performing a sequence of signal exchanges with the second network device to synchronize a first clock of the first network device with a second clock of the second network device. In the field of communications systems, Lanzi et al. teaches:
perform a sequence of signal exchanges with the second network device to synchronize a first clock of the first network device with a second clock of the second network device [a synchronization of clock timing being performed between electronic devices (column 6, lines 20-30)]
It would be obvious to one with ordinary skill in the art before the effective filing date to combine the elements of U.S. Patent No. 12,100,251 and Lanzi et al. to create a control system for an object where the system synchronizes clock signals between electronic devices in order to prevent the devices from being out of phase with one another when communicating wherein the motivation to combine is to create a passive entry/passive start system (U.S. Patent No. 12,100,251, column 1, lines 23-24).
With regard to claim 14, U.S. Patent 12,100,251 meets all of the limitations of the claim except for synchronizing a first clock of the first network device with a second clock of the second network device. In the field of communications systems, Lanzi et al. teaches:
synchronizing a first clock of the first network device with a second clock of the second network device [a synchronization of clock timing being performed between electronic devices (column 6, lines 20-30)]
It would be obvious to one with ordinary skill in the art before the effective filing date to combine the elements of U.S. Patent No. 12,100,251 and Lanzi et al. to create a control system for an object where the system synchronizes clock signals between electronic devices in order to prevent the devices from being out of phase with one another when communicating wherein the motivation to combine is to create a passive entry/passive start system (U.S. Patent No. 12,100,251, column 1, lines 23-24).
Claims 3, 6, 7, 15, and 18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,100,251 in view of Charvat et al. [U.S. Patent Publication 2018/0156889]
With regard to claim 3, U.S. Patent No. 12,100,251 meets all of the limitations of the claim except transmitting the second tone signal concurrently with transmission of the first tone signal. In the field of wireless communications, Charvat et al. teaches:
transmitting the second tone signal concurrently with transmission of the first tone signal [interrogators synchronized to transmit wireless signals (paragraph 0326)]
It would be obvious to one with ordinary skill in the art before the effective filing date to combine the elements of U.S. Patent No. 12,100,251 and Charvat et al. to create a control system for an object where the system synchronizes clock signals between electronic devices in order to prevent the devices from being out of phase with one another when communicating wherein the motivation to combine is to create a passive entry/passive start system (U.S. Patent No. 12,100,251, column 1, lines 23-24).
With regard to claim 6, U.S. Patent No. 12,100,251 meets all of the limitations of the claim except where the first network device and the second network device are synchronized. In the field of wireless communications, Charvat et al. teaches:
the first network device and the second network device are synchronized [interrogators synchronized to transmit wireless signals (paragraph 0326)]
It would be obvious to one with ordinary skill in the art before the effective filing date to combine the elements of U.S. Patent No. 12,100,251 and Charvat et al. to create a control system for an object where the system synchronizes clock signals between electronic devices in order to prevent the devices from being out of phase with one another when communicating wherein the motivation to combine is to create a passive entry/passive start system (U.S. Patent No. 12,100,251, column 1, lines 23-24).
With regard to claim 7, U.S. Patent 12,100,251 meets all of the limitations of the claim except for the differences and changes in frequencies. In the field of wireless communications, Charvat et al. teaches:
differences and changes in frequencies [interrogators synchronized to transmit wireless signals (paragraph 0326) where the signals transmitted by them are controlled by clock circuitry used for controlling the timings and frequencies (paragraph 0122)]
It would be obvious to one with ordinary skill in the art before the effective filing date to combine the elements of U.S. Patent No. 12,100,251 and Charvat et al. to create a control system for an object where the system synchronizes clock signals between electronic devices in order to prevent the devices from being out of phase with one another when communicating wherein the motivation to combine is to create a passive entry/passive start system (U.S. Patent No. 12,100,251, column 1, lines 23-24).
With regard to claim 15, U.S. Patent No. 12,100,251 meets all of the limitations of the claim except transmitting the second tone signal concurrently with transmission of the first tone signal. In the field of wireless communications, Charvat et al. teaches:
transmitting the second tone signal concurrently with transmission of the first tone signal [interrogators synchronized to transmit wireless signals (paragraph 0326)]
It would be obvious to one with ordinary skill in the art before the effective filing date to combine the elements of U.S. Patent No. 12,100,251 and Charvat et al. to create a control system for an object where the system synchronizes clock signals between electronic devices in order to prevent the devices from being out of phase with one another when communicating wherein the motivation to combine is to create a passive entry/passive start system (U.S. Patent No. 12,100,251, column 1, lines 23-24).
With regard to claim 18, U.S. Patent 12,100,251 meets all of the limitations of the claim except for the differences and changes in frequencies. In the field of wireless communications, Charvat et al. teaches:
differences and changes in frequencies [interrogators synchronized to transmit wireless signals (paragraph 0326) where the signals transmitted by them are controlled by clock circuitry used for controlling the timings and frequencies (paragraph 0122)]
It would be obvious to one with ordinary skill in the art before the effective filing date to combine the elements of U.S. Patent No. 12,100,251 and Charvat et al. to create a control system for an object where the system synchronizes clock signals between electronic devices in order to prevent the devices from being out of phase with one another when communicating wherein the motivation to combine is to create a passive entry/passive start system (U.S. Patent No. 12,100,251, column 1, lines 23-24).
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Patent Publication 2015/0015367 to Lin discloses a passive remote keyless entry system.
U.S. Patent Publication 2018/0118163 to Murakami et al. discloses a vehicle control system and vehicle control device.
U.S. Patent Publication 2019/0227539 to Golgiri et al. discloses a mobile device tethering for vehicle systems.
Conclusion
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/PAMESHANAND MAHASE/Examiner, Art Unit 2689
/DAVETTA W GOINS/Supervisory Patent Examiner, Art Unit 2689