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. Claims 1, 2, 4 and 7-9 are amended, claims 3 and 5 are cancelled and claims 1-2, 4 and 6-9 are examined. This application is being reopened, and this Action is count as a non-FINAL.
Response to Arguments
Previous claims 2 and 7–8 rejection under 35 U.S.C. §112(b) has been withdrawn with respect to the newly amended claim language. Applicant's arguments filed 06/01/2026, with respect to the rejection of claim 1 under 35 U.S.C. §102 as anticipated by Brückner, have been fully considered and are persuasive. In light of this clarification, prosecution is reopened, and the application is being returned to non-final status. A new rejection under 35 U.S.C. §103 is present bellowed based on new considered prior art.
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 1-2 and 6-9 are rejected under 35 U.S.C. 103 as being unpatentable over BRÜCKNER (US 20220153231 A1) in view of Jakusovszky (US 2015/0358759 A1), in further view of Wang (US 20220155883 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.),
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.).
Brückner does not explicitly disclose wherein the control unit is designed to operate the BLE module 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). However, Jakusovszky teaches a BLE device comprising a single transceiver and a single state machine controller driven time division multiplexed, wherein during a first time interval the device is driven in a scanning mode and in a subsequent time interval the device is driven in an advertising mode or vice versa, with each device is in scanning mode while the other is in advertising mode at least for a predefined period of time (Jakusovszky ¶[0011]–[0012], [0018], [0045]: teach a single state machine BLE controller that time division multiplexes a transceiver between a scanning mode and an advertising mode, wherein one device remains in scanning mode while the other remains in advertising mode for a predefined period of time, and wherein the state machine switches between modes according to configured time intervals).
It would have been obvious to a POSTIA before the effective filing date of the claimed invention to modify Brückner's vehicle BLE authentication system to operate the BLE module for a first predetermined period of time in the scanning operating mode and a second predetermined period of time in the advertising operating mode as taught by Jakusovszky, because Brückner and Jakusovszky are analogous art directed to BLE devices alternating between advertising and scanning roles for connection establishment. The motivation to combine would be to permit a single BLE transceiver to serve counterpart devices of both role types while reducing cost and power consumption (Jakusovszky ¶[0005], [0018], [0048]).
The combination of Brückner and Jakusovszky does not explicitly disclose wherein the first period of time (t1) corresponds to a number of portable authentication devices (21) connected to the BLE module (4) in the first operating mode (A) and/or the second period of time (t2) corresponds to a number of portable authentication devices (22) connected to the BLE module (4) in the second operating mode (B). However, Wang teaches a BLE central device connected to a plurality of peripheral devices wherein the central device can adjust its own scanning window and scanning interval, and the scanning interval is set equal to the connection interval (Wang ¶[0045]–[0046]) wherein if N peripheral devices are connected to the central device at the same time the scanning interval and connection interval are set to be greater than the number of connected devices multiplied by the connection event duration, plus a scanning window duration (Wang ¶[0047]–[0048]; FIGS. 3A–3C), and wherein the interval governing the central device's periodic connection servicing cycle lengthens as additional peripheral devices connect to the central device such that the period of time associated with the central device's operating cycle in a given mode corresponds to and increases with the number of devices connected to it (Wang ¶[0048], [0052]–[0054]; FIGS. 3A–3C).
Regarding Claim 2
BRÜCKNER teaches:
The authentication system according to The authentication system according to wherein the BLE module (4) has 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 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 configured in accordance with claim 1, the method comprising: operating the BLE module (4) alternately in the first operating mode 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
The method according to claim 7, further comprising: when the BLE module (4) is in the first operating mode (A) operating the BLE module (4) in a scanning role in which advertising events are received to establish the connection, when the BLE module (4) is in the second operating mode (B) operating the BLE module (4) 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.).
Regarding Claim 9
Brückner as modified discloses the limitations of claim 7. Brückner further discloses that the BLE system of the transportation vehicle establishes parallel BLE data connections to the smartphone and the electronic vehicle radio key based on BLE connection request signals received or sent, such that the same vehicle BLE module maintains multiple simultaneous connections to portable authentication devices both in the scanning operating mode (A) and in the advertising operating mode (B) (Brückner ¶[0073]; see also ¶[0024]). The combination of Brückner and Jakusovszky do not explicitly disclose wherein, in the first operating mode (A), a first number of portable authentication devices (21) connected to the BLE module (4) is detected and a first period of time (t1) is determined therefrom, and the BLE module (4) is operated in the first operating mode (A) for the first period of time (t1); and wherein, in the second operating mode (B), a second number of portable authentication devices (22) connected to the BLE module (4) is detected and a second period of time (t2) is determined therefrom, and the BLE module (4) is operated in the second operating mode (B) for the second period of time (t2). However, Wang teaches that a BLE device's controller detects the number of other devices connected to it and determines a corresponding period of time therefrom, wherein a wireless receiving device detects the number of connected peripheral devices and determines an updated wait duration and scanning/connection interval based on that detected number, such that the period of time governing the device's operating cycle is actively detected and determined from the number of devices connected to it (Wang ¶[0045]–[0048], [0051]–[0054]; FIGS. 3A–3C).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Brückner/Jakusovszky method such that the vehicle's BLE module detects a number of portable authentication devices connected to it in a given operating mode and determines a corresponding period of time therefrom, as taught by Wang, applying this technique symmetrically to both operating modes. Because Brückner's vehicle BLE module already maintains parallel connections to portable authentication devices in both modes under the same control unit (Brückner ¶[0073]; ¶[0024]), a POSTIA would have recognized that Wang's device count timing determination applies equally to both modes, which present the identical technical problem of allocating time to service a variable number of connected devices. Brückner, Jakusovszky, and Wang are each directed to the same field of endeavor of BLE central/peripheral connection establishment and role based timing control and are therefore analogous art. The motivation to combine would be to service every connected device within each interval while preserving time to discover new devices (Wang ¶[0047], [0064]), and to provide consistent timing management across both roles of the dual mode BLE module.
Claims 4 are rejected under 35 U.S.C. 103 as being unpatentable over BRÜCKNER (US 20220153231 A1), in view of Jakusovszky (US 2015/0358759 A1), in view of Wang (US 20220155883 A1) as applied to claims 1, and in view of Murali (US 20190190765 A1).
Regarding Claim 4
Brückner and Kang do 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 vehicle authentication system and would have yielded 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 9am-5pm EST. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, LYNN FIELD can be reached on 571-272-2092.
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/SAAD AHMAD ABDULLAH/ Examiner, Art Unit 2431
/SHIN-HON (ERIC) CHEN/ Primary Examiner, Art Unit 2431
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