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 .
DETAILED ACTION
The instant application having Application No. 18/861,492 is presented for examination by the examiner.
Priority
Acknowledgment is made of applicant's claim for foreign priority under 35 U.S.C. 119(a)-(d). The certified copy has been received.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 2 is rejected under 35 U.S.C. §112(b) as being indefinite. The claim recites that the BLE module has “at least one or in particular exactly one BLE antenna.” The phrases “at least one” and “exactly one” recite mutually exclusive scopes, such that it is unclear whether the claim encompasses BLE modules having multiple antennas or is limited to only a single antenna. The phrase “in particular” does not resolve this ambiguity, as it is descriptive language and does not clearly define a limiting claim scope. As a result, one of ordinary skill in the art would not be able to determine with reasonable certainty whether systems having more than one BLE antenna are within the scope of the claim.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 7–9 rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends on claim 1. Claim 1, from which claims 7–9 depend, is directed to an authentication system (i.e., an apparatus/system claim). In contrast, claims 7–9 are directed to a method for operating an authentication system and recite method steps. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 102
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 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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3 and 6-8 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by over BRÜCKNER (US 20220153231 A1).
Regarding Claim 1
BRÜCKNER teaches:
An authentication system (1) for a vehicle (3) for authenticating a number of portable authentication devices (21, 22) to the vehicle (3) (BRÜCKNER ¶[0011]–[0013], [0016]–[0017], [0024]–[0025], [0028]–[0030], [0052]: teaches an authentication/access system for a transportation vehicle that authenticates a plurality of portable authentication devices (e.g., a smartphone and an electronic vehicle radio key, and optionally additional mobile devices) to the vehicle, wherein a vehicle control unit uses BLE communication to exchange authentication data with the portable devices, establish BLE connections, and upon successful authentication enables passive access functions such as unlocking doors and/or deactivating an immobilizer.),
the system comprising at least one BLE module (4) having at least one BLE antenna (5) and a control unit (6) for controlling the BLE antenna (5) (BRÜCKNER ¶[0017], [0021]–[0023], [0026], [0082], [0085]: teach a system comprising at least one BLE module having at least one BLE antenna and a control unit for controlling the BLE module, wherein the BLE system includes a BLE transceiver and BLE antenna for sending and receiving BLE signals, and a control unit designed to activate and communicate with the BLE system.),
wherein the control unit (6) is designed to operate the BLE module (4) alternately in a first operating mode (A) and a second operating mode (B) (BRÜCKNER ¶[0021]–[0023], [0054], [0068]–[0069]: teach that a control unit operates a BLE module in multiple operating modes, wherein the control unit causes the BLE module to alternately assume an advertising role for sending BLE advertising signals and a scanning/initiating role for receiving BLE advertising signals, such that the BLE module switches between a first operating mode and a second operating mode under control of the control unit.".),
wherein the control unit (6) is designed to operate the BLE module (4) in the first operating mode (A) to establish a connection in a scanning role with at least one portable authentication device (21) operating in an advertising role (BRÜCKNER ¶[0021]–[0024], [0056]–[0057] teach that a vehicle control unit is designed to operate a BLE module in a mode in which the vehicle assumes a scanning (central/initiator) role to receive BLE advertising signals from at least one portable authentication device (e.g., an electronic vehicle radio key) operating in an advertising role, and to establish a BLE connection based on the received advertising signals.), and
wherein the control unit (6) is designed to operate the BLE module (4) in the second operating mode (B) to establish a connection in an advertising role with at least one portable authentication device (22) operating in a scanning role (BRÜCKNER ¶[0021]–[0023], [0056]–[0057] teach that a vehicle control unit is designed to operate a BLE module such that the vehicle assumes an advertising (peripheral) role to transmit BLE advertising signals to at least one portable authentication device (e.g., a smartphone), which operates in a scanning (central) role, and to establish a BLE connection based on the received advertising signals.).
Regarding Claim 2
BRÜCKNER discloses:
The authentication system according to claim 1,
wherein the BLE module (4) has at least one or in particular exactly one BLE antenna (5), which can be operated alternately in the advertising role and the scanning role (BRÜCKNER ¶[0017], [0021]–[0022], [0031]–[0032] teach that a BLE module includes at least one BLE antenna, and that the BLE module is controlled to alternately transmit BLE advertising signals and receive BLE advertising signals, such that the same BLE antenna operates in an advertising role and in a scanning role at different times.).
Regarding Claim 3
BRÜCKNER discloses:
The authentication system according to claim 1,
wherein the control unit (6) is designed to operate the BLE module (4) for a first predetermined period of time (t1) in the first operating mode (A), and operate the BLE module for a second predetermined period of time (t2) in the second operating mode (B) (BRÜCKNER ¶[0096]–[0100] teach that a vehicle control unit operates a BLE module for a first predetermined period of time in an advertising operating mode, wherein the BLE module periodically transmits BLE advertising signals according to a predefined advertising interval (A1), for example 42.5 ms plus a random delay, and operates the BLE module for a second predetermined period of time in a scanning/receiving operating mode during predefined reception windows between successive advertising transmissions. The respective advertising and reception periods are defined by the configured BLE timing intervals and are alternately executed under control of the vehicle control unit. See also ¶[0045]–[0046], [0048]–[0049] for further disclosure of predetermined timing intervals governing alternating transmission and reception operation of the BLE module.).
Regarding Claim 6
BRÜCKNER discloses:
The authentication system according to claim 1,
wherein the number of portable authentication devices comprises a first subset and a second subset, wherein the first subset comprises portable authentication devices (21) operating in the advertising role, and the second subset comprises portable authentication devices (22) operating in the scanning role (BRÜCKNER ¶[0021]–[0022], [0024], [0029], [0056]–[0057] teach that the portable authentication devices comprise a first subset and a second subset, wherein the first subset comprises devices operating in an advertising role that transmit BLE advertising signals to the vehicle, and the second subset comprises devices operating in a scanning/initiator role that receive BLE advertising signals from the vehicle, with both subsets functioning as keys for vehicle access control as part of the same system.).
Regarding Claim 7
BRÜCKNER discloses:
A method for operating an authentication system according to claim 1,
wherein the BLE module (4) is operated alternately in the first operating mode (A) and the second operating mode (B) (BRÜCKNER ¶[0021]–[0022], [0031]–[0032], [0096]–[0100]: teaches that a vehicle control unit is designed to operate a BLE module alternately in different operating modes, wherein the BLE module is periodically operated in a first operating mode to transmit BLE advertising signals (advertising role) during defined advertising intervals, and is operated in a second operating mode to receive BLE advertising signals (scanning/receiving role) during reception windows between advertising transmissions, such that the BLE module switches between the first and second operating modes under control of the control unit.).
Regarding Claim 8
BRÜCKNER discloses:
wherein the BLE module (4) in the first operating mode (A) operates in a scanning role in which advertising events are received to establish the connection,
and/or the BLE module (4) in the second operating mode (B) operates in an advertising role in which advertising events are sent to establish the connection (BRÜCKNER ¶[0021]–[0023], [0056]–[0057], [0096]–[0100]: teaches that a vehicle BLE module, under control of a control unit, operates in a scanning role to receive BLE advertising events from a portable authentication device to establish a connection, and also operates in an advertising role to transmit BLE advertising events to a portable authentication device to establish a BLE connection.).
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 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 of this title, 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.
Claims 4 are rejected under 35 U.S.C. 103 as being unpatentable over BRÜCKNER (US 20220153231 A1) as applied to claims 1, and in view of Murali (US 20190190765 A1 ).
Regarding Claim 4
Brückner teaches an authentication system for a vehicle including a Bluetooth Low Energy (BLE) module and a control unit that operates the BLE system in different operating modes to send and receive BLE advertising signals with multiple portable authentication devices, such as smartphones and electronic vehicle radio keys, over defined time intervals as part of a passive access and authentication process. However, Brückner does not explicitly disclose that the time period for operating the BLE module in one operating mode is equal in duration to the time period for operating the BLE module in another operating mode. Murali teaches a Bluetooth Low Energy receiver controlled by a controller that operates the receiver in alternating time intervals, including a first operative interval (T1) and a second interval (T2), and expressly discloses embodiments in which the first interval is equal to the second interval (e.g., T1 = 2 μs and T2 = 2 μs) (¶[0015]). Thus, Murali teaches operating a BLE radio system with two operating periods that are equal in duration.
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify Brückner’s vehicle BLE authentication system to operate the BLE module such that the first operating period is equal to the second operating period, as taught by Murali, in order to simplify timing control, reduce implementation complexity, and provide predictable and power-efficient radio operation. Such a modification merely applies a known and explicitly taught equal-interval timing technique to a known BLE-based vehicle authentication system and would have yielded predictable results.
Claims 5 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over BRÜCKNER (US 20220153231 A1) as applied to claims 1, and in view of Kang (US 2002/0082060 A1).
Regarding Claim 5
Brückner teaches a vehicle authentication system using BLE module and a control unit that operates the BLE module to communicate with multiple portable authentication devices, such as smartphones and electronic vehicle radio keys, over defined operating periods. However, Brückner does not explicitly disclose that a period of time for operating the BLE module in a given operating mode corresponds to a detected number of portable authentication devices connected to the BLE module in that operating mode. Kang teaches a wireless communication device including a transceiver and a controller, wherein the controller detects a number of other devices connected to a master and determines a corresponding time period based on the detected number of devices, and operates the transceiver for the determined period of time to reduce power consumption and optimize communication efficiency (¶[0024]–[0025], [0040], [0051], [0056]–[0058]). Kang specifically teaches determining an operation or sleep duration as a function of the number of connected devices and controlling radio operation for that determined duration.
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify Brückner’s vehicle BLE authentication system such that the first period of time corresponds to a number of portable authentication devices connected in a first operating mode and/or the second period of time corresponds to a number of portable authentication devices connected in a second operating mode, as taught by Kang, in order to improve power efficiency, scalability, and predictable communication timing when multiple authentication devices are present. Such a modification merely applies a known device-count-based timing control technique to a known BLE-based vehicle authentication system and yields predictable results.
Regarding Claim 9
Brückner teaches a vehicle authentication system using a BLE module and a control unit that alternately operates the BLE system to send and receive BLE advertising signals with multiple portable authentication devices, such as smartphones and electronic vehicle radio keys, over defined time periods. However, Brückner does not explicitly disclose determining a duration for operating the BLE module in a given operating mode based on a detected number of connected portable authentication devices. Kang teaches a wireless communication device including a transceiver and a controller, wherein the controller detects a number of other devices connected to a master and determines a corresponding time period based on the detected number of devices, and operates the transceiver in an active or sleep state for the determined period of time to reduce power consumption and optimize communication efficiency (¶[0024]–[0025], [0040], [0051], [0056]–[0058]). Kang specifically teaches calculating an operation or sleep duration as a function of the number of connected devices and controlling the radio operation for that computed duration.
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify Brückner’s vehicle BLE authentication system to determine a first and second period of time for operating respective BLE operating modes based on a detected number of portable authentication devices, as taught by Kang, in order to improve power efficiency, scalability, and predictable communication timing when multiple authentication devices are present. Such a modification merely applies a known device-count-based timing control technique to a known BLE-based vehicle authentication system and yields predictable results.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAAD ABDULLAH whose telephone number is (571) 272-1531. The examiner can normally be reached on Monday - Friday, 9:30am - 5:30pm, EST. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lynn Feild can be reached on (571) 272-2092. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SAAD AHMAD ABDULLAH/Examiner, Art Unit 2431 /MICHAEL R VAUGHAN/Primary Examiner, Art Unit 2431