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 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.
Claims 1-10 are rejected under 35 U.S.C. 103 as being unpatentable over Proefke et al. (Pub# US 2011/0057817 A1), and further in view of Knobloch et al. (Pub # WO2024/132100 A1).
Consider claim 1, Proefle et al. teaches a method for locating a vehicle access device, the method comprising the steps of: detecting a signal from a first vehicle access device; and determining the location of the first vehicle access device as a function of the timing or strength of the signal (RSSI) received at the second vehicle access device [0012], [0017], [0030-0032].
Proefle et al. does not specially teach detecting a signal from a first vehicle access device using a second vehicle access device.
In the same field of endeavor, Knobloch et al. teaches digital key device/key fob configured using BLE and/or UWB, where the system determines distance and/or relative position based on signal strength (RSSI) and/or UWB ranging (Page 2 lines 4-20) for the benefit of improve location precision and portability.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include detecting a signal from a first vehicle access device using a second vehicle access device as shown in Knobloch et al., in Proefle et al. method for the benefit of improve location precision and portability.
Consider claim 2, Proefle et al. clearly shown and disclose the method, wherein the step of detecting a signal from the first vehicle access device is accomplished by either the first vehicle access device or the second vehicle access device sending a wireless communication and the other of the first vehicle access device or the second vehicle access device receiving the wireless communication [0023-0025].
Consider claim 3, Proefle et al. clearly shown the method, wherein the wireless communication is one or more of cellular, ultra-wideband (UWB), WiFi, satellite communications, radio, or Bluetooth [0021].
Consider claim 4, Proefle et al. teaches the method, wherein determining the location of the first vehicle access device is at least partially based on the time the signal was detected by the second vehicle access device [0005-0006], the time the signal was sent by the first vehicle access device [0023], the strength of the signal (RSSI) detected by the second vehicle access device, the location of the second vehicle access device at the time the signal is detected, or a combination of two or more of the time the signal was detected by the second vehicle access device , the time the signal was sent by the first vehicle access device, the strength of the signal detected by the second vehicle access device [0024-0025].
Proefle et al. does not specifically teach the location of the second vehicle access device at the time the signal is detected by the second vehicle access device.
In the same field of endeavor, Knobloch et al teaches a digital key fob/device with BLE/UWB communication and UWB ranging/location (Page 2 lines 12-20) for the benefit of modifying the known wireless signal-strength and ranging techniques to know vehicle access devices, producing predictable results.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include the location of the second vehicle access device at the time the signal is detected by the second vehicle access device as shown in Knobloch et al., in Proefle et al. method for the benefit of modifying the known wireless signal-strength and ranging techniques to know vehicle access devices, producing predictable results.
Consider claim 5, Proefle et al. teaches similar invention.
Proefle et al. does not teach the method, wherein the location of the second vehicle access device is determined using the location of an external device.
In the same field of endeavor, Knobloch et al. teaches a digital key device/key fob, BLE/UWB communication, and location/distance determination relative to the vehicle (Page 10 line 20 to Page 3 line 2) for the benefit of proving location/distance information to the user.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include wherein the location of the second vehicle access device is determined using the location of an external device as shown in Knobloch et al., in Proefle et al. method for the benefit of proving location/distance information to the user.
Consider claim 6, Proefle et al. clearly shown and disclose the method, wherein subsequent to the step of determining the location of the first vehicle access device, the method further comprises a step of communicating the location of the first vehicle access device [0025].
Consider claim 7, Proefle et al. clearly shown and disclose the method, wherein the step of communicating the location of the first vehicle access device includes visually, audibly, or tactilely communicating the location of the first vehicle access device through an external device, the second vehicle access device, or a user interface of a vehicle [0022].
Consider claim 8, Proefle et al. teaches similar invention.
Proefle et al. does not teach the method, wherein prior to detecting a signal from the first vehicle access device using a second vehicle access device, the first vehicle access device is determined to not be near or within a vehicle by one or more access device sensors.
In the same field of endeavor, Knobloch et al. teaches a digital key fob in which a control unit determines current sensor data from one or more sensors of the digital key fob, and information to determining whether the digital key fob is approaching or in the vicinity of the vehicle (Page 4 lines 5-14) for the benefit of determining the location prior to launch the search function.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include wherein prior to detecting a signal from the first vehicle access device using a second vehicle access device, the first vehicle access device is determined to not be near or within a vehicle by one or more access device sensors as shown in Knobloch et al., in Proefle et al. method for the benefit of determining the location prior to launch the search function.
Consider claim 9, Proefle et al. teaches the method, wherein when in either the step of detecting a signal from the first vehicle access device using a second vehicle access device or the step of determining the location of the first vehicle access device [0023-0025],
Proefle et al. does not teach the signal is not detected by the second vehicle access device or the location of the first vehicle access device cannot be determined, the method further comprises a step of communicating that the location of the first vehicle access device could not be determined.
In the same field of endeavor, Knobloch et al. teaches the signal (digital key fob) is not detected by the second vehicle access device or the location of the first vehicle access device cannot be determined, the method further comprises a step of communicating that the location of the first vehicle access device could not be determined (Page 4 lines 5-14) for the benefit of determining the location prior to launch the search function.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include the signal is not detected by the second vehicle access device or the location of the first vehicle access device cannot be determined, the method further comprises a step of communicating that the location of the first vehicle access device could not be determined as shown in Knobloch et al., in Proefle et al. for the benefit of determining the location prior to launch the search function.
Consider claim 10, Proefle et al. teaches the method, wherein the step of communicating that the location of the first vehicle access device could not be determined includes visually, audibly, or tactilely communicating that the location of the first vehicle access device [0022].
Proefle et al. does not teach the signal is not detected by the second vehicle access device or the location of the first vehicle access device cannot be determined, the method further comprises a step of communicating that the location of the first vehicle access device could not be determined.
In the same field of endeavor, Knobloch et al. teaches the signal (digital key fob) is not detected by the second vehicle access device or the location of the first vehicle access device cannot be determined, the method further comprises a step of communicating that the location of the first vehicle access device could not be determined (Page 4 lines 5-14) for the benefit of determining the location prior to launch the search function.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include the signal is not detected by the second vehicle access device or the location of the first vehicle access device cannot be determined, the method further comprises a step of communicating that the location of the first vehicle access device could not be determined as shown in Knobloch et al., in Proefle et al. for the benefit of determining the location prior to launch the search function.
Claims 11-20 are rejected under 35 U.S.C. 103 as being unpatentable over Proefke et al. (Pub# US 2011/0057817 A1) and further in view of Knobloch et al. (Pub # WO2024/132100 A1) and Korn et al. (Pub # US 2013/0024110 A1).
Consider claim 11, Proefle et al. teaches a method for locating a vehicle access device, the method comprising the steps of: prompting a search for a first vehicle access device [0023]; determining if a signal from the first vehicle access device is detected by an access device sensor of a vehicle [0021 and 0024]; and determining the location of the first vehicle access device as a function of the signal received by the second vehicle access device [0005 and 0025].
Proefle et al. does not teach determining a previous known location of the first vehicle access device; when a signal is not detected from the first vehicle access device, detecting a signal from the first vehicle access device using a second vehicle access device.
In the same field of endeavor, Korn et al. teaches determining a previous known location of the first vehicle access device [0043-0045] for the benefit of updating the vehicle location.
Furthermore, in the same field of endeavor, Knobloch et al. teaches when a signal is not detected from the first vehicle access device, detecting a signal from the first vehicle access device using a second vehicle access device (Page 4 lines 5-14) for the benefit of determining the location prior to launch the search function.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include determining a previous known location of the first vehicle access device; when a signal is not detected from the first vehicle access device, detecting a signal from the first vehicle access device using a second vehicle access device as shown in Knobloch et al. and Korn et al., in Proefle et al. method for the benefit of updating the vehicle location and determining the location prior to launch the search function.
Consider claim 12, Proefle et al. clearly shown and disclose the method, wherein prompting a search for the first vehicle access device is done by a user or by a control system of the vehicle [0023].
Consider claim 13, Proefle et al. and Knobloch et al. combined reference teaches similar invention.
Proefle et al. and Knobloch et al. combined reference does not teach wherein the control system may prompt the search for the first vehicle access device based at least partially on door position of the vehicle, window position of the vehicle, drivetrain position of the vehicle, or ignition position of the vehicle.
In the same field of endeavor, Korn et al. teaches wherein the control system may prompt the search for the first vehicle access device based at least partially on door position of the vehicle, window position of the vehicle, drivetrain position of the vehicle, or ignition position of the vehicle [0059] for the benefit of providing the search access device is prompted based on one or more vehicle control-system states.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include wherein the control system may prompt the search for the first vehicle access device based at least partially on door position of the vehicle, window position of the vehicle, drivetrain position of the vehicle, or ignition position of the vehicle as shown in Korn et al., in Proefle et al. and Knobloch et al. combined method for the benefit of providing the search access device is prompted based on one or more vehicle control-system states.
Consider claim 14, Proefle et al. and Knobloch et al. combined reference teaches similar invention.
Proefle et al. and Knobloch et al. combined reference does not teach wherein determining a previous known location of the first vehicle access device includes storing GPS coordinates in a memory of a control system where the first vehicle access device and an access device sensor or the first vehicle access device and a second vehicle access device previously communicated.
In the same field of endeavor, Korn et al. teaches wherein determining a previous known location of the first vehicle access device includes storing GPS coordinates in a memory of a control system where the first vehicle access device and an access device sensor or the first vehicle access device and a second vehicle access device previously communicated [0019, 0020, 0023, and 0025] for the benefit of utilizing common location tracking protocol to determining the location.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include wherein determining a previous known location of the first vehicle access device includes storing GPS coordinates in a memory of a control system where the first vehicle access device and an access device sensor or the first vehicle access device and a second vehicle access device previously communicated as shown in Korn et al., in Proefle et al. and Knobloch et al. combined method for the benefit of utilizing common location tracking protocol to determining the location.
Consider claim 15, Proefle et al. clearly shown and disclose the method, wherein the step of detecting a signal from a first vehicle access device (sends wireless communication) using a second vehicle access device (other device receives wires communication) is accomplished by either the first vehicle access device or the second vehicle access device sending wireless communication and the other of the first vehicle access device or the second vehicle access device receiving wireless communication [0023-0024].
Consider claim 16, Proefle et al. clearly shown and disclose the method, wherein the wireless communication is one or more of cellular, WiFi, ultra-wideband (UWB), satellite communications, radio, or Bluetooth [0021-0025].
Consider claim 17, Proefle et al. clearly shown and disclose the method, wherein determining the location of the first vehicle access device is at least partially based on strength of the signal received by the second vehicle access device [0019].
Consider claim 18, Proefle et al. clearly shown and disclose the method, wherein determining the location of the first vehicle access device is at least partially based on the time the signal was detected by the second vehicle access device, the time the signal was sent by the first vehicle access device, the strength of the signal detected by the second vehicle access device, or the location of the second vehicle access device at the time the signal is detected by the second vehicle access device [0005-0006 and 0024-00025].
Consider claim 19, Proefle et al. clearly shown and disclose the method, wherein subsequent to the step of determining the location of the first vehicle access device, the method further comprises a step of communicating the location of the first vehicle access device [0025].
Consider claim 20, Proefke et al. clearly shown and disclose the method, wherein the step of communicating the location of the first vehicle access device includes visually, audibly, or tactilely communicating the location of the first vehicle access device through an external device, the second vehicle access device, or a user interface of a vehicle [0025].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACK K WANG whose telephone number is (571)272-1938. The examiner can normally be reached M-F 9AM - 5PM.
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/JACK K WANG/Primary Examiner, Art Unit 2686
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