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 .
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Applicant’s invention with the use of the word “means” are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Such claim limitation(s) is/are:
means for determining a time of flight of reflected waves originating from the portable appliance (Applicant’s spec.[0035] activation device D comprises [0047] means M1) in claim 3;
means for computing a radius of a circle centered around the first transceiver as a function of the time of flight, and for determining a perimeter of said circle on which the portable appliance may be located (Applicant’s spec. [0035] activation device D comprises [0047] means M2) in claim 3;
(means for comparing a profile of received reflected waves originating from a second transmitter with a predetermined received wave profile Applicant’s spec. [0035] activation device D comprises [0047] means M3) in claim 3;
means for detecting a presence in a predetermined area around the two transceivers as a function of the result of the comparison in (Applicant’s spec. [0035] activation device D comprises [0047] means M4) claims 3 and 4;
means for computing a distance between the second transceiver and said presence (Applicant’s spec. [0035] activation device D comprises [0047] means M5) in claim 3;
means for locating the portable appliance as a function of the computation of an intersection between said computed distance and the previously determined perimeter (Applicant’s spec. [0035] activation device D comprises [0047] means M6) in claim 3; and
means for activating the vehicle function as a function of said location (Applicant’s spec. [0035] activation device D comprises [0047] means M7) in claim 3.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 5 and 8 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because the claims cite a computer program product, computer instructions, and a program without having a sufficient structural implementation (e.g. MPEP 2106.03 -claims that are not directed to any of the statutory categories include: Products that do not have a physical or tangible form (often referred to as "data per se") or a computer program per se (often referred to as "software per se") when claimed as a product without any structural recitations). The claims do not have a physical or tangible form in which the computer product resides (e.g. memory). Further, the claims are claiming “said program” and the claims are attempting to claim the program itself when the claims do not have a physical or tangible form in which the computer product resides and thereafter performed and executed by the processor. For this reason, claims 5 and 8 are impermissible patent subject matter. Correction is required.
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.
Claims 5 and 8 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 5 and 8 recite the limitation "said program" in lines 3 and 2. There is insufficient antecedent basis for this limitation in the claim.
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.
Claim(s) 1-8 are rejected under 35 U.S.C. 103 as being unpatentable over Vaccariello (US 20220236363 A1)In view of Singh (US 20250324259 A1).
Claim 1. Vaccariello teaches a method for activating a vehicle function using an activation device intended to be fitted on board a vehicle,
comprising at least two ultra-wideband transceivers located on either side of an opening element and on the same side of the vehicle separated by a predetermined distance and capable of communicating with a portable user appliance
([0028] with seven ToF modules 111
[0058] plus the proximity indication associated with the position of the mobile device 120 with respect to the vehicle 105, may cause a door handle sensor (not shown in FIG. 1) to transmit sensor output to the processor(s)...an actuation of a door latch mechanism)
,wherein the two transceivers are adapted so that they can communicate with each other via ultra-wideband communication
([0018] Disclosed is a method to determine a specific region in which a wireless device (e.g., a user's phone) is located with respect to a vehicle. Incorporating ToF enables the use of Time-of-Flight (ToF) between two ToF devices, which communicates between the devices at a high frequency....
[0027] Ultra-Wide Band (ToF))
, the method comprising:
a) transmitting waves by at least one first transceiver
([0080] In another aspect, the initialization step 405 commences when the mobile device 120/vehicle 105 can successfully receive and interpret a signal from all seven of the ToF modules 111 (e.g., when all the ToF modules 111 are able to send packets to and receive packets from the mobile device 120).);
b) receiving reflected waves originating from the portable appliance and determining a time of flight of the waves
[0080] In another aspect, the initialization step 405 commences when the mobile device 120/vehicle 105 can successfully receive and interpret a signal from all seven of the ToF modules 111 (e.g., when all the ToF modules 111 are able to send packets to and receive packets from the mobile device 120).
[0116] For example, if the half width of the vehicle 105 is 0.9652 m and the user's distance is determined to be 2.1 m, then the 2D coordinate pair is (0.9652, 2.1). The distance from the front of the vehicle 105 to Tag 0 111A and Tag 2 111C is 1.016 m. Using they coordinate point, the user is 2.1−1.016=1.084 m from the vehicle 105.;
c) computing a radius (R) of a circle centered around the first transceiver as a function of the time of flight,
([0113] These two tags act as the two circle centers (C1 1005 and C2 1010). For the 0° vehicle region 106A (as depicted in FIG. 3), let C1 1005 be Tag 0 and C2 be Tag 2. These two circles have a known separation U... In this case, U is the full width of the vehicle 105. Where these two circles 1005 and 1010 intersect is point P, which may be an (x, y) coordinate relative to the (0, 0) coordinate frame of the center of C1. The radii of the two circles are defined as:
r.sub.1.sup.2=x.sup.2+y.sup.2...r.sub.2.sup.2=(U−x).sup.2+y.sup.2);
and determining a perimeter of said circle on which the portable appliance may be located
([0113] Where these two circles 1005 and 1010 intersect is point P, which may be an (x, y) coordinate relative to the (0, 0) coordinate frame of the center of C1.
[0115] This (x, y) coordinate pair represents the position of the mobile device 120 based on the trilateration calculation.
[0084]-[0088]Check#1,2,3,4
e.g. perimeter is determined at Point P and mobile device is detected at point p)
d) receiving reflected waves originating from the second transceiver
([0116] For example, if the half width of the vehicle 105 is 0.9652 m and the user's distance is determined to be 2.1 m, then the 2D coordinate pair is (0.9652, 2.1). The distance from the front of the vehicle 105 to Tag 0 111A and Tag 2 111C is 1.016 m. Using they coordinate point, the user is 2.1−1.016=1.084 m from the vehicle 105.
[0084]-[0088] e.g. Responsive to a positive determination).
Vaccariello further discloses the process of using multipath propagation from other ToF modules to determine whether a second location has been detection ([0087][0088] [0091]) but does not specifically disclose e) comparing a profile of the reflected waves received over time with a predetermined received wave profile; and
f) detecting a presence in a predetermined area around the two transceivers as a function of the result of the comparison;
i) computing, if a presence is detected, a distance between the second transceiver and said presence;
ii) locating the portable appliance as a function of the computation of an intersection between said computed distance and the previously determined perimeter; and
iii) activating the vehicle function as a function of said location.
)However, Singh teaches comparing a profile of the reflected waves received over time with a predetermined received wave profile
([0018] The controller 110 may determine the position of the authorized initiator based on a difference between the secure ranging timestamps from the multiple UWB receivers 120-1 through 120-X.
[0019] As per IEEE 802.15.4z, in a ranging round the UWB receiver 120 computes a computed channel impulse response for a received UWB STS signal by correlating the incoming signal with a locally stored reference STS template (e.g. template is the profile));
and f) detecting a presence in a predetermined area around the two transceivers as a function of the result of the comparison
([0020] Therefore, the UWB receiver considers any peak above the noise floor as a possible candidate for distance estimation. Once the UWB receiver detects a peak of a certain magnitude the UWB receiver then performs a comparison with any other peaks in the vicinity that originate from a different, but shorter path. The time window that specifies the search region is referred to as a back-search time window (BTW).
[0022]-[0024] Due to multi-path, the correlation of the incoming signal with the reference STS template can produce many correlation peaks at different points in time and with varying amplitudes. Peak power for all the correlation peaks as observed by the UWB receiver during the BTW is analyzed by the UWB receiver against the peak detection thresholds.);
i) computing, if a presence is detected, a distance between the second transceiver and said presence
([0025] Thus, many factors are taken into consideration to identify the correlation peak that corresponds to the true distance between the transmitter and receiver.
[0023] Having computed correlation between the received STS signal and the reference STS template, the receiver has compiled a set of (arrival-time (ToA), power (P) pairs defined in correlation-space S... );
ii) locating the portable appliance as a function of the computation of an intersection between said computed distance and the previously determined perimeter
([0018]When the determined position is within the prescribed radius of the controller, the controller 110 provides one or more control signals to other components.
[0023] Having computed correlation between the received STS signal and the reference STS template, the receiver has compiled a set of (arrival-time (ToA), power (P) pairs defined in correlation-space S...
[0029] Each UWB anchor device 320 receives and processes a UWB STS signal as described with reference to FIG. 2 to determine a secure ranging timestamp that indicates a ToA of the UWB STS signal at the anchor device 320. The secure ranging timestamp is transmitted to the body domain controller 310, which uses the secure ranging timestamps from one or more of the anchor devices 320 to determine whether the authorized initiator device 330 is within a predetermined secure range of the vehicle access control system 300.
(e.g. prescribed range (radius) is the perimeter and template is used to determine whether the mobile device is within the range))
; and iii) activating the vehicle function as a function of said location
([0018] The control signals may cause actuation of selected components, such as a vehicle's door lock, a garage door, comfort or entertainment features, and so on, in response to an authorized person approaching the secure ranging system.
[0029] When the body domain controller 310 determines that the authorized initiator device 330 is within range of the system 300, the body domain controller transmits an access signal to one or more of the door handles 390 to actuate components that unlock the door handle(s).).
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of invention to use the process of comparing; detecting and computing a distance between the second transceiver and said presence as taught by Singh within the system of Vaccariello for the purpose of enhancing the security by using precise detection of the distance between the portable appliance and the ultra-wideband transceivers
Claim 2. Vaccariello and Singh teach the activation method as claimed in claim 1, wherein the received wave profile corresponds to an impulse response per channel and in that a presence is detected by the presence of two consecutive peaks in said response
([0046] As already discussed, to detect the presence of an authorized initiator the UWB receiver computes the channel impulse response of a received UWB STS signal.
[0016] Typically, one of the correlation peaks is used to determine the time of arrival of the packet. Contrary to LRP where the polarity of each pulse is detected, HRP receivers calculate some aggregate statistic over the received pulses in order to determine the time of arrival (ToA) of a transmitted UWB STS signal.
Singh [0019]-[0020] As per IEEE 802.15.4z, in a ranging round the UWB receiver 120 computes a computed channel impulse response)...Once the UWB receiver detects a peak of a certain magnitude the UWB receiver then performs a comparison with any other peaks in the vicinity that originate from a different, but shorter path. ).
Claim 3. Vaccariello teaches a device for activating a vehicle function that is intended to be fitted on board a vehicle, comprising at least two ultra-wideband transceivers located on either side of an opening element, separated by a predetermined distance and located on the same side of the vehicle
([0028] with seven ToF modules 111
[0058] plus the proximity indication associated with the position of the mobile device 120 with respect to the vehicle 105, may cause a door handle sensor (not shown in FIG. 1) to transmit sensor output to the processor(s)...an actuation of a door latch mechanism)
, capable of communicating with a portable user appliance
([0080] the mobile device 120),
wherein the two transceivers are capable of communicating with each other via ultra-wideband communication
([0018] Disclosed is a method to determine a specific region in which a wireless device (e.g., a user's phone) is located with respect to a vehicle. Incorporating ToF enables the use of Time-of-Flight (ToF) between two ToF devices, which communicates between the devices at a high frequency....
[0027] Ultra-Wide Band (ToF))
, and in that it further comprises the device further comprising:
a) means for determining a time of flight of reflected waves originating from the portable appliance
[0080] In another aspect, the initialization step 405 commences when the mobile device 120/vehicle 105 can successfully receive and interpret a signal from all seven of the ToF modules 111 (e.g., when all the ToF modules 111 are able to send packets to and receive packets from the mobile device 120).
[0116] For example, if the half width of the vehicle 105 is 0.9652 m and the user's distance is determined to be 2.1 m, then the 2D coordinate pair is (0.9652, 2.1). The distance from the front of the vehicle 105 to Tag 0 111A and Tag 2 111C is 1.016 m. Using they coordinate point, the user is 2.1−1.016=1.084 m from the vehicle 105.;
b) means for computing a radius of a circle centered around the first transceiver as a function of the time of flight, and for determining a perimeter of said circle on which the portable appliance may be located
([0113] These two tags act as the two circle centers (C1 1005 and C2 1010). For the 0° vehicle region 106A (as depicted in FIG. 3), let C1 1005 be Tag 0 and C2 be Tag 2. These two circles have a known separation U... In this case, U is the full width of the vehicle 105. Where these two circles 1005 and 1010 intersect is point P, which may be an (x, y) coordinate relative to the (0, 0) coordinate frame of the center of C1. The radii of the two circles are defined as:
r.sub.1.sup.2=x.sup.2+y.sup.2...r.sub.2.sup.2=(U−x).sup.2+y.sup.2).
Vaccariello further discloses the process of using multipath propagation from other ToF modules to determine whether a second location has been detection ([0087][0088] [0091]) but does not specifically disclose c) means for comparing a profile of received reflected waves originating from a second transmitter with a predetermined received wave profile; d) means for detecting a presence in a predetermined area around the two transceivers as a function of the result of the comparison;
e) means for computing a distance between the second transceiver and said presence; f) means for locating the portable appliance as a function of the computation of an intersection between said computed distance and the previously determined perimeter; and g) means for activating the vehicle function as a function of said location.
However, Sign teaches c) means for comparing a profile of received reflected waves originating from a second transmitter with a predetermined received wave profile
([0018] The controller 110 may determine the position of the authorized initiator based on a difference between the secure ranging timestamps from the multiple UWB receivers 120-1 through 120-X.
[0019] As per IEEE 802.15.4z, in a ranging round the UWB receiver 120 computes a computed channel impulse response for a received UWB STS signal by correlating the incoming signal with a locally stored reference STS template);
d) means for detecting a presence in a predetermined area around the two transceivers as a function of the result of the comparison
([0020] Therefore, the UWB receiver considers any peak above the noise floor as a possible candidate for distance estimation. Once the UWB receiver detects a peak of a certain magnitude the UWB receiver then performs a comparison with any other peaks in the vicinity that originate from a different, but shorter path. The time window that specifies the search region is referred to as a back-search time window (BTW).
[0022]-[0024] Due to multi-path, the correlation of the incoming signal with the reference STS template can produce many correlation peaks at different points in time and with varying amplitudes. Peak power for all the correlation peaks as observed by the UWB receiver during the BTW is analyzed by the UWB receiver against the peak detection thresholds.);
e) means for computing a distance between the second transceiver and said presence
([0025] Thus, many factors are taken into consideration to identify the correlation peak that corresponds to the true distance between the transmitter and receiver.
[0023] Having computed correlation between the received STS signal and the reference STS template, the receiver has compiled a set of (arrival-time (ToA), power (P) pairs defined in correlation-space S... );
f) means for locating the portable appliance as a function of the computation of an intersection between said computed distance and the previously determined perimeter
([0018]When the determined position is within the prescribed radius of the controller, the controller 110 provides one or more control signals to other components.
[0023] Having computed correlation between the received STS signal and the reference STS template, the receiver has compiled a set of (arrival-time (ToA), power (P) pairs defined in correlation-space S...
[0029] Each UWB anchor device 320 receives and processes a UWB STS signal as described with reference to FIG. 2 to determine a secure ranging timestamp that indicates a ToA of the UWB STS signal at the anchor device 320. The secure ranging timestamp is transmitted to the body domain controller 310, which uses the secure ranging timestamps from one or more of the anchor devices 320 to determine whether the authorized initiator device 330 is within a predetermined secure range of the vehicle access control system 300. );
And g) means for activating the vehicle function as a function of said location
([0018] The control signals may cause actuation of selected components, such as a vehicle's door lock, a garage door, comfort or entertainment features, and so on, in response to an authorized person approaching the secure ranging system.
[0029] When the body domain controller 310 determines that the authorized initiator device 330 is within range of the system 300, the body domain controller transmits an access signal to one or more of the door handles 390 to actuate components that unlock the door handle(s).).
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of invention to use the process of comparing; detecting and computing a distance between the second transceiver and said presence as taught by Singh within the system of Vaccariello for the purpose of enhancing the security by using precise detection of the distance between the portable appliance and the ultra-wideband transceivers
Claim 4. Vaccariello and Singh teach the activation device as claimed in the preceding claim 3, wherein the received wave profile corresponds to an impulse response per channel and in that the means for detecting a presence are capable of detecting two consecutive peaks in said response
(Vaccariello [0019] As per IEEE 802.15.4z, in a ranging round the UWB receiver 120 computes a computed channel impulse response
Singh ([0019]-[0020] As per IEEE 802.15.4z, in a ranging round the UWB receiver 120 computes a computed channel impulse response)...Once the UWB receiver detects a peak of a certain magnitude the UWB receiver then performs a comparison with any other peaks in the vicinity that originate from a different, but shorter path. ).
Claim 5. Vaccariello and Singh teach a computer program product comprising program code instructions for executing the steps of the method in claim 1, when said program is executed on a computer
(Vaccariello [0027] The vehicle 105 may include an automotive computer 145, and a Vehicle Controls Unit (VCU) 165 ).
Claim 6. Vaccariello and Singh teach a motor vehicle, wherein it comprises comprising an
activation device as claimed in claim 3
(Vaccariello [0030] The automotive computer 145 may, in some example embodiments, be disposed in communication with the mobile device 120, ).
Claim 7. Vaccariello and Singh teach a motor vehicle, comprising an activation device as claimed in claim 4
(Vaccariello [0030] The automotive computer 145 may, in some example embodiments, be disposed in communication with the mobile device 120, ).
Claim 8. Vaccariello and Singh teach a computer program product comprising program code instructions for executing the steps of the method as claimed in claim 2, when said program is executed on a computer
(Vaccariello [0027] The vehicle 105 may include an automotive computer 145, and a Vehicle Controls Unit (VCU) 165 ).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. DE VEGT (ID-P202307288-A) is prior art related to detecting a mobile device near a vehicle and determining the perimeter and radius of the detection system using ToF techniques..
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RUFUS C POINT whose telephone number is (571)270-7510. The examiner can normally be reached 9am-5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Davetta Goins can be reached at 571-272-2957. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/RUFUS C POINT/ Primary Examiner, Art Unit 2689