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 .
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 (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 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)(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.
Claim(s) 1-4 and 10-11 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by OMAN et al. (EP 2800068 A2).
1. OMAN discloses (abstract; FIG.1-5) a method for operating an authentication system (passive entry passive start 10) of a vehicle (14) for authenticating a portable authentication device, in particular a portable ID transmitter (using nomadic device 16), in relation to the vehicle for the purpose of enabling vehicle functions for an operator who in particular is carrying the portable authentication device ID [0002],
wherein the authentication system comprises the portable authentication device and a vehicle-side authentication arrangement which is connected to a control device (18) of the vehicle or integrated into the control device (FIG.1-2),
wherein the authentication arrangement comprises a plurality of UWB modules (UWBX 22, 44, 42), each with at least one UWB antenna [0011], the method comprising at least the following steps:
A) controlling all UWB antennas so as to carry out one UWB communication or multiple UWB communications between the portable authentication device and the authentication arrangement or controlling multiple predetermined UWB antennas so as to carry out one UWB communication or multiple UWB communications between the portable authentication device and the authentication arrangement [0021];
B) carrying out the UWB communications between the portable authentication device ID transmitter and the authentication arrangement [0003-0006];
C) determining a respective distance of the respective UWB antenna from the portable authentication device in each UWB module [0003-0005, 0012] (FIG.3-4);
D) checking in each UWB module whether the respective distance is shorter than a predetermined maximum distance and transmitting the result of the check to the control device [0005].
2. OMAN discloses [0001, 0003, 0015, 0021] the method according to claim 1, wherein the determination of the respective distance is carried out by detecting a propagation delay of a UWB signal of the UWB communication between the portable authentication device and the respective UWB antenna.
3. OMAN discloses [0001, 0003, 0015, 0021] the method according to claim 1, wherein it is determined according to a predetermined and fixed list and/or predetermined and fixed rules which of the UWB modules of the plurality of UWB modules are used for steps A) to D), the list and/or the rules being stored in particular in the UWB modules or being retrievable from the same.
4. OMAN discloses [0027] the method according to claim 3, wherein steps A) to D) are carried out multiple times in succession during operation of the vehicle and wherein the list and/or rules determine which of the UWB modules are used for a respective run.
10. OMAN discloses [0003-0006, 0015-0020] the method according to claim 1, wherein UWB signal propagation delays between the respective UWB antenna of the UWB modules and the portable authentication device detected for the purpose of enabling vehicle functions are considered valid for a minimum time period and, during the minimum time period, no UWB communication is carried out by the respective UWB module or a UWB communication is only carried out in order to reset the minimum time period and thereby extend the validity.
11. As applies above for claim 1, an authentication system (1) of a vehicle (3) for authenticating a portable authentication device, in particular an ID transmitter (2), in relation to the vehicle (3) for the purpose of enabling vehicle functions for an operator (4) who is carrying the portable authentication device (2), wherein the authentication system (1) has the portable authentication device (2) and a vehicle-side authentication arrangement (5), wherein the portable authentication device (2) has at least one authentication device UWB interface with an authentication device UWB antenna, and the authentication arrangement (5) has a plurality of UWB modules (11), each with at least one UWB antenna (6),and wherein the authentication device UWB interface and the UWB modules (11) are set up for UWB communication with one another, wherein the UWB modules (11) of the authentication arrangement (5) are set up to carry out a method according to any one of the preceding claims (see above).
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.
The factual inquiries 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 nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 5-6 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over OMAN et al. (EP 2800068 A2) as applied to the claims above, and further in view of NEUHOFF et al. (US 20210120407 A1).
However, OMAN fails to explicitly disclose:
5. The method according to claim 1, wherein the authentication arrangement in each UWB module has an LF interface which is associated with the respective UWB antenna, wherein a respective LF communication with an LF signal is carried out between the portable authentication device and each LF interface, wherein the portable authentication device detects a respective signal strength of the LF signals and transmits the respective signal strength to the respective UWB module of the authentication arrangement, wherein each UWB module determines a respective distance from the respective signal strength.
NEUHOFF teaches (abstract) in a similar field of invention, [0038-0042] wherein LF signals are used to determine distances for example. This is a well-known function in the arts of distance determination.
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 using an LF interface as taught by NEUHOFF in order to obtain another means for distance determination.
However, OMAN fails to explicitly disclose:
6. The method according to claim 1, wherein the authentication arrangement in each UWB module has an RF interface which is associated with the respective UWB antenna, wherein a respective RF communication with an RF signal is carried out between the portable authentication device and each RF interface, wherein the portable authentication device detects a respective signal strength of the RF signals and transmits the respective signal strength to the respective UWB module of the authentication arrangement, wherein each UWB module determines the respective distance from the signal strength.
NEUHOFF teaches (abstract) in a similar field of invention, [0038-0042] wherein similarly RF signals are used to determine distances for example. This is a well-known function in the arts of distance determination.
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 using an RF interface as taught by NEUHOFF in order to obtain another means for distance determination.
However, OMAN fails to explicitly disclose:
8. The method according to claim 1, wherein the authentication arrangement has at least one proximity sensor which is associated with at least one of the UWB modules and, in particular, has one proximity sensor per UWB module which is associated with exactly one of the UWB modules, wherein, when the respective proximity sensor detects an approach of the operator, this proximity sensor outputs a proximity signal identifying the proximity sensor, and the associated UWB module, when it detects the proximity signal, initiates the control of the UWB antenna to carry out a UWB communication between the portable authentication device and the authentication arrangement according to step A).
NEUHOFF teaches (abstract) in a similar field of invention, [0041, 0055-0056] wherein proximity sensors are used in conjunction with UWB modules for performing functions such as authentication for instance.
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 using proximity sensors as taught by NEUHOFF in order to provide another reliable means for authentication.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over OMAN et al. (EP 2800068 A2) as applied to the claims above, and further in view of YOON et al. (US 20200363524 A1).
However, OMAN fails to explicitly disclose:
7. The method according to claim 1, wherein the authentication arrangement in each UWB module has a BLE interface which is associated with the respective UWB antenna, wherein a respective BLE communication is carried out with a BLE signal between the portable authentication device and each BLE interface, wherein the portable authentication device detects a respective signal strength of the BLE signals and transmits the respective signal strength to the respective UWB module of the authentication arrangement, wherein each UWB module determines the respective distance from the signal strength.
YOON teaches (abstract) in similar field of invention, [0172] various forms of distance measurement can be used, including Bluetooth protocols, etc.
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 using BLE interface as taught by YOON in order to obtain another means for authentication/distancing functions.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over OMAN et al. (EP 2800068 A2) as applied to the claims above, and further in view of ZILLER (US 20210166508 A1).
However, OMAN fails to explicitly disclose:
9. The method according to claim 1, wherein the UWB communication is carried out at least intermittently in parallel with the execution of an LF communication and/or an HF communication and/or a BLE communication.
ZILLER teaches (abstract) in a similar field of invention, [0016-0017] wherein UWB receivers appear to operate in parallel with other communication. [0070-0071]
A person of ordinary skill in the art would have had good reason to pursue the known options of using parallel communication. It would require no more than "ordinary skill and common sense," to perform communication in parallel given the arrangement of ZILLER.
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 6/22/2026
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