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 § 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.
All claims were reviewed for compliance with 35 U.S.C. 101.
Claims 2-9 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 claim(s) recites an abstract idea. The following analysis for the claims (emphasis added to critical limitation language considered) shows the abstract idea interpretation.
Claim 2 is drawn to a radio wave strength value registration method which could be performed by a human and (under prong 2A) does not claim additional elements integrated into a practical application given the reasoning below and (under prong 2B) does not recite additional elements which amount to significantly more, given that “displaying information on a target position” can be performed solely with generic computer components used by a human hand.
Claim 2 includes:
“displaying information on a target position around the vehicle on the user mobile terminal” - (Mental Processes - (observation, evaluation, judgment, opinion based on viewing information (i.e. distance, numerical value of position to vehicle) on any device) notwithstanding a computer or mobile device implementation to display information)
“registering a value related to a radio wave strength corresponding to the target position based on information transmitted via a close-range communication between the vehicle and the user mobile terminal present at the target position, the value being used for a determination whether the user mobile terminal is in an authentication area at a time of the authentication process” - (Mental Processes - (observation, evaluation, judgment, opinion based on viewing information – registering function is not further defined (i.e. claim is not requiring a value be calculated only that it is registered) such that registering a value is interpreted as observing information and evaluating to make a determination on a position relative to a vehicle – notwithstanding a computer or mobile device implementation to display information. This could also be considered as data gathering and analyzing)
Claim 3:
“wherein the information on the target position is displayed as information on a position relative to the vehicle on the user mobile terminal” - Mental processes (observation of data – such as a number or value range)
Claims 4:
“wherein the information on the target position is displayed together with an image of the vehicle” Mental processes (observation of data – such as a number or value range)
Claim 5:
“wherein a graphic as the information on the target position and an image of the vehicle are simultaneously displayed” Mental processes (observation of data – such as a number or value range)
Claim 6 is drawn to a radio wave strength value registration method which could be performed by a human (under prong 2A) and does not claim additional elements integrated into a practical application given the reasoning below and (under prong 2B) does not recite additional elements which amount to significantly more, given that “displaying an operation icon for a registration process on the user mobile terminal” can be performed solely with generic computer components used by a human hand.
Claim 6 includes:
“displaying an operation icon for a registration process on the user mobile terminal” (Mental Processes - (observation, evaluation, judgment, opinion based on viewing information (i.e. distance, numerical value of position to vehicle) on any device) notwithstanding a computer or mobile device implementation to display information)
“registering a value related to a radio wave strength corresponding to the target position based on information transmitted via a close-range communication between the vehicle and the user mobile terminal present at the target position, the value being used for a determination whether the user mobile terminal is in an authentication area at a time of the authentication process.” - (Mental Processes - (observation, evaluation, judgment, opinion based on viewing information – registering function is not further defined (i.e. claim is not requiring a value be calculated only that it is registered) such that registering a value is interpreted as observing information and evaluating to make a determination on a position relative to a vehicle – notwithstanding a computer or mobile device implementation to display information. This could also be considered as data gathering and analyzing)
Claim 7 adds further details to the display information but does not does not amount to significantly more (there is no inventive concept in the claim).
Claim 8 is drawn to a radio wave strength value registration method which could be performed by a human (under prong 2A) and does not claim additional elements integrated into a practical application given the reasoning below and (under prong 2B) does not recite additional elements which amount to significantly more, given that “displaying an image indicating an area based on a radio wave strength characteristic together with an image of the vehicle on the user mobile terminal” can be performed solely with generic computer components used by a human hand.
Claim 8 includes:
“displaying an image indicating an area based on a radio wave strength characteristic together with an image of the vehicle on the user mobile terminal” (Mental Processes - (observation, evaluation, judgment, opinion based on viewing information (i.e. distance, numerical value of position to vehicle) on any device) notwithstanding a computer or mobile device implementation to display information)
“registering, based on information transmitted via a close-range communication between the vehicle and the user mobile terminal present at a target position in the area, a value related to a radio wave strength corresponding to the target position, the value being used for a determination whether the user mobile terminal is in an authentication area at a time of the authentication process.” - (Mental Processes - (observation, evaluation, judgment, opinion based on viewing information – registering function is not further defined (i.e. claim is not requiring a value be calculated only that it is registered) such that registering a value is interpreted as observing information and evaluating to make a determination on a position relative to a vehicle – notwithstanding a computer or mobile device implementation to display information. This could also be considered as data gathering and analyzing)
Claim 9 adds further details to the display information but does not does not amount to significantly more (there is no inventive concept in the claim).
Claim 10 is considered to qualify as eligible subject matter given that (under prong 2A) it claims specific additional elements integrated for practical application due to particular limitations:
“starting a close-range communication between the vehicle and the user mobile terminal based on a trigger operation to a display panel of the vehicle or a display portion of the user mobile terminal”, “determining whether or not an execution request of a registration process is received” and “transmitting information on a target position around the vehicle to the user mobile terminal based on a result of the determination of the execution request”
These limitations include specific functions carried out by specific devices (particular machines) integrated into a specific practical application, which also include a transformation of a particular item into a different state (i.e. starting close-range communication based on a trigger signal obtained from a device controlled by a user and transmitting information …. based on a determination result of a request command).
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) 2-10 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by NISHIDAI et al. (US 9963108 B2).
Re claim 2. NISHIDAI discloses (abstract) a radio wave strength value (c.8, l.34-41) registration method that is executed in advance (intended use interpretation) for an authentication process of a user mobile terminal 3 with respect to a vehicle V, the method comprising:
displaying information (FIG.4A-4G) on a target position around the vehicle (any position where mobile terminal is approaching and near vehicle, used during operation in FIG.4A-4G, is considered as a target position where mobile terminal can communicate with vehicle and assist in performing a custom set distance determination – target position may change depending on movement/need and data on target position data may be used to perform distance measurement within steps S102-S104) on the user mobile terminal; and
registering a value (S104-S106 receive/compute and store set distance) related to a radio wave strength (a signal strength measured by the electronic key 2 may be transmitted to the vehicle control apparatus 1 and the vehicle control apparatus 1 may compute a set distance. Likewise, although the smartphone 4 computes a set distance at step S205a of FIG. 7, a signal strength measured by the smartphone 4 may be transmitted to the vehicle control apparatus 1 and the vehicle control apparatus 1 may compute a set distance) corresponding to the target position based on the information transmitted via the close-range communication between the vehicle and the user mobile terminal present at the target position (UHF communication S104-S206a), the value being used for a determination whether the user mobile terminal is in an authentication area at a time of the authentication process (e.g. process in FIG.4A-4H is performed to customize a set distance stored in memory, which is then used in determining a “welcome entry” appropriate distance response and process (c.1, l.30-39), as opposed to using a fixed distance (c.2, l.1-7), which in turn determines if and when a user mobile terminal is in an appropriate authentication area (e.g. location where authentication of ID code can be received) at a time of authentication process (commonly known authentication processes use ID code received to determine if authorized user mobile terminal is approaching vehicle)).
The purpose of NISHIDAI is to set a customized distance, in which an authorized user mobile terminal can be detected and authenticated to perform further vehicle functions (c.2, l.45-48 – e.g. unlocking of door) wherein such process in FIG.4A-4G can be executed prior to or in advance for an authentication process (e.g. during when a user returns to use the same vehicle using the same user mobile terminal).
Re claim 3. NISHIDAI discloses (FIG.4C-4D) the radio wave strength value registration method according to claim 2, wherein the information on the target position is displayed as information on a position relative to the vehicle on the user mobile terminal.
Re claim 4. NISHIDAI discloses (FIG.4C-4D) the radio wave strength value registration method according to claim 2, wherein the information on the target position is displayed together with an image of the vehicle on the user mobile terminal.
Re claim 5. NISHIDAI discloses (FIG.4C-4D) the radio wave strength value registration method according to claim 2, wherein a graphic as the information on the target position and an image of the vehicle are simultaneously displayed on the user mobile terminal. (e.g. graphic such as image of user walking towards vehicle and text box indicating instructions)
Re claim 6. NISHIDAI discloses (as applied for claim 2) a radio wave strength value registration method that is executed in advance (intended use interpretation) for an authentication process of a user mobile terminal with respect to a vehicle, the method comprising:
displaying an operation icon (e.g. image for vehicle and/or customizable setting and any other optional buttons for selection by user: B1/B2 C1/C2 D1/D2) for a registration process (user P selecting a setting target by pressing the WAL distance setting button B1 on the selection screen 33b (step S305) – during step S305 user selects a setting by pressing button, such information is also received by vehicle in communication during step S101 which is processed in step S102) on the user mobile terminal when the user mobile terminal is present at a target position around the vehicle (c.7, l.40-51); and
registering a value (S104-S106 receive/compute and store set distance) related to a radio wave strength (a signal strength measured by the electronic key 2 may be transmitted to the vehicle control apparatus 1 and the vehicle control apparatus 1 may compute a set distance. Likewise, although the smartphone 4 computes a set distance at step S205a of FIG. 7, a signal strength measured by the smartphone 4 may be transmitted to the vehicle control apparatus 1 and the vehicle control apparatus 1 may compute a set distance) corresponding to the target position based on the information transmitted via the close-range communication between the vehicle and the user mobile terminal present at the target position (UHF communication S104-S206a), the value being used for a determination whether the user mobile terminal is in an authentication area at a time of the authentication process (e.g. process in FIG.4A-4H is performed to customize a set distance stored in memory, which is then used in determining a “welcome entry” appropriate distance response and process (c.1, l.30-39), as opposed to using a fixed distance (c.2, l.1-7), which in turn determines if and when a user mobile terminal is in an appropriate authentication area (e.g. location where authentication of ID code can be received) at a time of authentication process (commonly known authentication processes use ID code received to determine if authorized user mobile terminal is approaching vehicle)).
The purpose of NISHIDAI is to set a customized distance, in which an authorized user mobile terminal can be detected and authenticated to perform further vehicle functions (c.2, l.45-48 – e.g. unlocking of door) wherein such process in FIG.4A-4G can be executed prior to or in advance for an authentication process (e.g. during when a user returns to use the same vehicle using the same user mobile terminal).
Re claim 7. NISHIDAI discloses (FIG.4A-4G) the radio wave strength value registration method according to claim 6, further comprising:
displaying information on the target position around the vehicle on the user mobile terminal,
wherein (a) the information on the target position and the operation icon are non- simultaneously displayed on the user mobile terminal (FIG.4A-4B) or (b) the information on the target position and the operation icon are at least temporarily simultaneously displayed on the user mobile terminal (FIG.4C-4D).
Re claim 8. NISHIDAI discloses (as applied for claim 2) a radio wave strength value registration method that is executed in advance for an authentication process of a user mobile terminal with respect to a vehicle, the method comprising:
displaying an image (FIG.4A-4G) indicating an area (e.g. area nearest around vehicle shown by vehicle graphic when a user is walking towards or away from the vehicle) based on a radio wave strength characteristic (e.g. signal strength is used in steps S103-S104 to complete performing process in FIG.7) together with an image of the vehicle (FIG.4C-4D) on the user mobile terminal; and
registering a value (S104-S106 receive/compute and store set distance) related to a radio wave strength (a signal strength measured by the electronic key 2 may be transmitted to the vehicle control apparatus 1 and the vehicle control apparatus 1 may compute a set distance. Likewise, although the smartphone 4 computes a set distance at step S205a of FIG. 7, a signal strength measured by the smartphone 4 may be transmitted to the vehicle control apparatus 1 and the vehicle control apparatus 1 may compute a set distance) corresponding to the target position based on the information transmitted via the close-range communication between the vehicle and the user mobile terminal present at the target position (UHF communication S104-S206a), the value being used for a determination whether the user mobile terminal is in an authentication area at a time of the authentication process (e.g. process in FIG.4A-4H is performed to customize a set distance stored in memory, which is then used in determining a “welcome entry” appropriate distance response and process (c.1, l.30-39), as opposed to using a fixed distance (c.2, l.1-7), which in turn determines if and when a user mobile terminal is in an appropriate authentication area (e.g. location where authentication of ID code can be received) at a time of authentication process (commonly known authentication processes use ID code received to determine if authorized user mobile terminal is approaching vehicle)).
The purpose of NISHIDAI is to set a customized distance, in which an authorized user mobile terminal can be detected and authenticated to perform further vehicle functions (c.2, l.45-48 – e.g. unlocking of door) wherein such process in FIG.4A-4G can be executed prior to or in advance for an authentication process (e.g. during when a user returns to use the same vehicle using the same user mobile terminal).
Re claim 9. NISHIDAI discloses (FIG.4C-4D) the radio wave strength value registration method according to claim 8, wherein a center of the area (e.g. center of mobile terminal screen) that is displayed on the user mobile terminal based on the radio wave strength characteristic (e.g. signal strength as used in the process described above determines a value, such as a set distance from signal strengths of LG signals) is shifted in a forward or rearward direction of the vehicle as compared with a center of the entire vehicle (see FIG.4C-4D which shows the display showing a vehicle on left edge of screen while a figure image of user with mobile terminal is shown near center area of screen in one display, while in the other the figure image is shown further away nearest a right edge of the display).
Re claim 10. NISHIDAI discloses (abstract – FIG.1) a radio wave strength value registration method that is executed in advance (intended use interpretation) for an authentication process of a user mobile terminal 3 with respect to a vehicle V (c.2, l.11-54), the method including:
starting a close-range communication (UHF communication) between the vehicle and the user mobile terminal S306a/S101 based on a trigger operation S303 to a display panel of the vehicle or a display portion of the user mobile terminal S304; (c.7, l.25-39)
determining whether or not an execution request (e.g. based on step S305 – wherein user selects the type of setting user wishes to customize B1/B2) of a registration process (user P selecting a setting target by pressing the WAL distance setting button B1 on the selection screen 33b (step S305) – during step S305 user selects a setting by pressing button, such information is also received by vehicle in communication during step S101 which is processed in step S102) is received; (c.7, l.40-51)
transmitting information (c.8, l.1-5 – LF transmitter 12 starts the operation of intermittently transmitting an LF signal Q for distance measurement in a predetermined cycle (step S103)) on a target position (interpreted as any position where smartphone is located during process of FIG.7 – wherein user starts application and a set distance is stored - set distance determined from distance measurement data used in step S203a-S205a) around the vehicle to the user mobile terminal based on a result of the determination (setting mode: ON) of the execution request (performed after steps S101-S102); and
registering a value (S104-S106 receive/compute and store set distance) related to a radio wave strength (a signal strength measured by the electronic key 2 may be transmitted to the vehicle control apparatus 1 and the vehicle control apparatus 1 may compute a set distance. Likewise, although the smartphone 4 computes a set distance at step S205a of FIG. 7, a signal strength measured by the smartphone 4 may be transmitted to the vehicle control apparatus 1 and the vehicle control apparatus 1 may compute a set distance) corresponding to the target position based on the information transmitted via the close-range communication between the vehicle and the user mobile terminal present at the target position (UHF communication S104-S206a), the value being used for a determination whether the user mobile terminal is in an authentication area at a time of the authentication process (e.g. process in FIG.4A-4H is performed to customize a set distance stored in memory, which is then used in determining a “welcome entry” appropriate distance response and process (c.1, l.30-39), as opposed to using a fixed distance (c.2, l.1-7), which in turn determines if and when a user mobile terminal is in an appropriate authentication area (e.g. location where authentication of ID code can be received) at a time of authentication process (commonly known authentication processes use ID code received to determine if authorized user mobile terminal is approaching vehicle)).
The purpose of NISHIDAI is to set a customized distance, in which an authorized user mobile terminal can be detected and authenticated to perform further vehicle functions (c.2, l.45-48 – e.g. unlocking of door) wherein such process in FIG.4A-4G can be executed prior to or in advance for an authentication process (e.g. during when a user returns to use the same vehicle using the same user mobile terminal).
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 1/7/2026