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 .
Response to Arguments
Applicant’s arguments, see PAGES 6-9, filed 4/27/2026, with respect to the rejection(s) of claim(s) under the prior art as previously applied have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of newly applied 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 (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.
Claim(s) 2-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over NISHIDAI et al. (US 9963108 B2) in view of TIPTON et al. (US 20130115888 A1).
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, by the user mobile terminal comprising at least one processor, 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, by the user mobile terminal, (S104-S106 receive/compute and store set distance) a radio wave strength value (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 radio wave strength 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).
However, NISHIDAI fails to explicitly disclose:
wherein the radio wave strength value is directly compared with a radio wave strength received at a time of the authentication process, without converting the radio wave strength into a distance.
TIPTON teaches (abstract) in a similar field of invention, using a radio wave strength value (snapshot) directly compared to a radio wave strength value (historical), without converting such values into a distance value. [0030]
It would have been obvious to use a radio wave strength value comparison rather than using distance values requiring conversion, because the modification of using RSSI values directly would have constituted the mere arrangement of old elements with each performing the same function it had been known to perform, the combination yielding no more than one would expect from such an arrangement.
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, by the user mobile terminal comprising at least one processor, 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, by the user mobile terminal, (S104-S106 receive/compute and store set distance) a radio wave strength value (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 radio wave strength 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).
However, NISHIDAI fails to explicitly disclose:
wherein the radio wave strength value is directly compared with a radio wave strength received at a time of the authentication process, without converting the radio wave strength into a distance.
TIPTON teaches (abstract) in a similar field of invention, using a radio wave strength value (snapshot) directly compared to a radio wave strength value (historical), without converting such values into a distance value. [0030]
It would have been obvious to use a radio wave strength value comparison rather than using distance values requiring conversion, because the modification of using RSSI values directly would have constituted the mere arrangement of old elements with each performing the same function it had been known to perform, the combination yielding no more than one would expect from such an arrangement.
Re claim 7. NISHIDAI discloses (FIG.4A-4G) the radio wave strength value registration method according to claim 6, further comprising:
displaying, by the user mobile terminal, information on the target position around the vehicle on the user mobile terminal, wherein the information on the target position and the operation icon are at least one of:
non- simultaneously displayed on the user mobile terminal (FIG.4A-4B), or
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, by the user mobile terminal comprising at least one processor, 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, by the user mobile terminal, (S104-S106 receive/compute and store set distance) a radio wave strength value (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 radio wave strength 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).
However, NISHIDAI fails to explicitly disclose:
wherein the radio wave strength value is directly compared with a radio wave strength received at a time of the authentication process, without converting the radio wave strength into a distance.
TIPTON teaches (abstract) in a similar field of invention, using a radio wave strength value (snapshot) directly compared to a radio wave strength value (historical), without converting such values into a distance value. [0030]
It would have been obvious to use a radio wave strength value comparison rather than using distance values requiring conversion, because the modification of using RSSI values directly would have constituted the mere arrangement of old elements with each performing the same function it had been known to perform, the combination yielding no more than one would expect from such an arrangement.
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 at least one of 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 (S104-S106 receive/compute and store set distance) a radio wave strength value (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 radio wave strength 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).
However, NISHIDAI fails to explicitly disclose:
wherein the radio wave strength value is directly compared with a radio wave strength received at a time of the authentication process, without converting the radio wave strength into a distance.
TIPTON teaches (abstract) in a similar field of invention, using a radio wave strength value (snapshot) directly compared to a radio wave strength value (historical), without converting such values into a distance value. [0030]
It would have been obvious to use a radio wave strength value comparison rather than using distance values requiring conversion, because the modification of using RSSI values directly would have constituted the mere arrangement of old elements with each performing the same function it had been known to perform, the combination yielding no more than one would expect from such an arrangement.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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.
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, 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 5/29/2026
Prosecution Insights