CTNF 19/058,872 CTNF 100592 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Priority 02-26 AIA Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Information Disclosure Statement The information disclosure statement (IDS) submitted on 20 February 2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Status of Application Claims 1-20 are pending. Claims 1 and 11 are independent. This NON-FINAL is in response to communications received. Claim Rejections - 35 USC § 101 07-04-01 AIA 07-04 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 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. 101 Analysis – Step 1 Claim 1 is directed to a process. Therefore, Claim 1 is within at least one of the four statutory categories. Claim 11 is directed to an apparatus (medium). Therefore, Claim 11 is within at least one of the four statutory categories. 101 Analysis – Step 2A, Prong I Regarding Prong I of the Step 2A analysis in the 2019 PEG, the claims are to be analyzed to determine whether they recite subject matter that falls within one of the follow groups of abstract ideas: a) mathematical concepts, b) certain methods of organizing human activity, and/or c) mental processes. Claims 1 and 11 include limitations that recite an abstract idea (emphasized below) and Claim 11 will be used as a representative claim for the remainder of the 101 rejections. Claim 11 recites: A system for wireless ranging with a vehicle, comprising : a plurality of vehicle units ; a plurality of user devices, wherein each of the plurality of user devices is configured to : communicate with each of the plurality of vehicle units to establish a wireless connection ; perform ranging sessions between each of the plurality of user devices and the plurality of vehicle units, wherein each of the ranging sessions comprises a time taken between a user device and a respective vehicle unit, and wherein each of the ranging sessions are performed concurrently ; a processing unit, comprising an algorithm and configured to : generate a cumulative cycle matrix based on the time taken for performing each of the ranging sessions ; and determine a position of each of the plurality of user devices relative to each of the plurality of vehicle units based on the cumulative cycle matrix . The examiner submits that the foregoing bolded limitation(s) constitute a “mental process” because under its broadest reasonable interpretation, the claim covers performance of the limitation in the human mind. Specifically, the “perform”, “generate”, and “determine” steps encompass a user to estimate a position of a nearest person to a vehicle while tracking time taken to estimate the position. Accordingly, the claim recites at least one abstract idea. 101 Analysis – Step 2A, Prong II Regarding Prong II of the Step 2A analysis in the 2019 PEG, the claims are to be analyzed to determine whether the claim, as a whole, integrates the abstract into a practical application. As noted in the 2019 PEG, it must be determined whether any additional elements in the claim beyond the abstract idea integrate the exception into a practical application in a manner that imposes a meaningful limit on the judicial exception. The courts have indicated that additional elements merely using a computer to implement an abstract idea, adding insignificant extra solution activity, or generally linking use of a judicial exception to a particular technological environment or field of use do not integrate a judicial exception into a “practical application.” In the present case, the additional limitations beyond the above-noted abstract idea are as follows (where the underlined portions are the “additional limitations” while the bolded portions continue to represent the “abstract idea”): For the following reason(s), the examiner submits that the above identified additional limitations do not integrate the above-noted abstract idea into a practical application. Regarding the additional limitations of “a processing unit…configured to”, the examiner submits that these limitations are an attempt to generally link additional elements to a technological environment. In particular, the “processing unit” is recited at a high level of generality and merely automates the “generate” and “determine” steps, therefore acting as a generic computer to perform the abstract idea. Additionally, the “processing unit” is claimed generically and are operating in their ordinary capacity and do not use the judicial exception in a manner that imposes a meaningful limit on the judicial exception, such that the claim is more than a drafting effort designed to monopolize the exception. The additional limitations are no more than mere instructions to apply the exception using a “processing unit”. Furthermore, the examiner submits that the recitations of generate a cumulative cycle matrix and determine a position of a plurality of user devices is a mere definition that does not necessarily impose any meaningful limits on performing the steps in the human mind, as it only compares data where a user could in fact perform this mentally or using paper and pencil. Thus, taken alone, the additional elements do not integrate the abstract idea into a practical application. Further, looking at the additional limitation(s) as an ordered combination or as a whole, the limitation(s) add nothing that is not already present when looking at the elements taken individually. For instance, there is no indication that the additional elements, when considered as a whole, reflect an improvement in the functioning of a controller or an improvement to another technology or technical field, apply or use the above-noted judicial exception to effect a particular treatment or prophylaxis for a disease or medical condition, implement/use the above-noted judicial exception with a particular machine or manufacture that is integral to the claim, effect a transformation or reduction of a particular article to a different state or thing, or apply or use the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is not more than a drafting effort designed to monopolize the exception (MPEP § 2106.05). Accordingly, the additional limitation(s) do/does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. 101 Analysis – Step 2B Regarding Step 2B of the 2019 PEG, representative independent Claim 11 does not include additional elements (considered both individually and as an ordered combination) that are sufficient to amount to significantly more than the judicial exception for the same reasons to those discussed above with respect to determining that the claim does not integrate the abstract idea into a practical application. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of the apparatus, the “processing unit” amounts to nothing more than applying the exception using a generic computer component. Generally applying an exception using a generic computer component cannot provide an inventive concept. Further, a conclusion that an additional element is insignificant extra-solution activity in Step 2A should be re-evaluated in Step 2B to determine if they are more than what is well-understood, routine, conventional activity in the field. The additional limitations of devices in communication are well-understood, routine, and conventional activities because the background recites that the sensors from which the data is acquired/received are all conventional sensors. MPEP 2106.05(d)(II), and the cases cited therein, including Intellectual Ventures I, LLC v. Symantec Corp., 838 F.3d 1307, 1321 (Fed. Cir. 2016), TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 610 (Fed. Cir. 2016), and OIP Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363 (Fed. Cir. 2015), indicate that mere collection or receipt of data over a network is a well ‐ understood, routine, and conventional function when it is claimed in a merely generic manner. Hence, Claim 11 is not patent eligible. Further Claims 1 is not patent eligible for the same reasons. Dependent Claims 2-10 and 12-20 when analyzed as a whole, are held to be patent ineligible under 35 U.S.C. 101 because the additional recited limitation(s) fail(s) to establish that the claim(s) is/are not directed to an abstract idea. The additional elements, if any, in the dependent claims are not sufficient to amount to significantly more than the judicial exception for the same reasons as with Claims 1 and 11. Office Note : In order to overcome this rejection, the Office suggests further defining the limitations of the independent claims, for example linking the claimed subject matter to a non-generic device and controlling a vehicle with ranging information. Limitations such as these suggested above would further bring the claimed subject matter out of the realm of abstract idea and into the realm of a statutory category. Claim Rejections - 35 USC § 102 07-06 AIA 15-10-15 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. 07-07-aia AIA 07-07 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 – 07-08-aia AIA (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. 07-12-aia AIA (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. 07-15 AIA Claim s 1-3, 6, 8, 9, 11-13, 16, 18, and 19 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Golsch (US 20190300006 A1) . Regarding claim 1, Golsch discloses: A method for wireless ranging with a vehicle, comprising (Abstract, Systems and methods are provided and include a communication gateway of a control module. The communication gateway establishes wireless communication connections with a plurality of user devices. A plurality of sensors are configured to, in response to the plurality of user devices being connected to the communication gateway, communicate signal information about the wireless communication connections to the control module. The signal information indicates characteristics of the wireless communication connections. The control module (i) determines a location of each user device of the plurality of user devices based on the signal information and (ii) generates a plurality of entries based on the signal information. Each entry of the plurality of entries corresponds to each of the plurality of user devices. A user settings activation module (i) determines user profiles corresponding to each entry of the plurality of entries and (ii) activates at least one vehicle function based on the user profiles): communicating a plurality of user devices with a plurality of vehicle units to establish a wireless connection ([0004], a plurality of vehicle antennas to estimate the location of the Key Fob; [0008], The present disclosure provides a system that includes a communication gateway of a control module of a vehicle, and the communication gateway is configured to establish wireless communication connections with a plurality of user devices. The system includes a plurality of sensors that are configured to, in response to the plurality of user devices being connected to the communication gateway, communicate signal information about the wireless communication connections to the control module); performing ranging sessions between each of the plurality of user devices and the plurality of vehicle units, wherein each of the ranging sessions comprises a time taken between a user device and a respective vehicle unit, and wherein each of the ranging sessions are performed concurrently ([0017], In some configurations, the signal information includes at least one of a time difference of arrival of each of the wireless communication connections, a time of arrival of each of the wireless communication connections, an angle of arrival of each of the wireless communication connections, and a round trip time of flight of each of the wireless c ommunication connections; [0047], Additionally or alternatively, the sensors 31 can determine other measurements of the physical properties of the associated signals, including, for example, data related to the angle of arrival. Additionally or alternatively, the sensors 31 can communicate with each other and/or communicate with the communication gateway 29 via the vehicle interface 45 to determine time difference of arrival, time of arrival, or angle of arrival data for signals received by multiple sensors. Additionally or alternatively, the sensors 31 can measure and determine round trip time of flight information about signals sent and received to and from the user device 10. The sensors 31 receive timing information and channel map information from the communication gateway 29 via the vehicle interface 45. A timing synchronization module 44 is configured to accurately measure the reception times of messages on the vehicle interface 45 and pass the timing information to the BLE chipset 41. The BLE chipset 41 is configured to take the channel map information and the timing signals and to tune the PHY controller 46 to a specific channel at a specific time and observe all physical layer messages and data that conform to the Bluetooth physical layer specification, which includes the normal data rates proposed or adopted, for example, in the Bluetooth Specification version 5.0. The data, timestamps and measured signal strength are reported by the BLE chipset 41 to the communication gateway 29, or other control module 20, of the vehicle 30 via the vehicle Interface 45); generating, using an algorithm, a cumulative cycle matrix based on the time taken for performing each of the ranging sessions ([0008], The signal information indicates characteristics of the wireless communication connections. The control module includes at least one processor that is configured to execute instructions stored in a nontransitory memory, and the control module is configured to (i) determine a location of each user device of the plurality of user devices based on the signal information and (ii) generate a plurality of entries based on the signal information. Each entry of the plurality of entries corresponds to each of the plurality of user devices. The system includes a user settings activation module that is implemented by the at least one processor of the control module. The user settings activation module is configured to (i) determine user profiles corresponding to each entry of the plurality of entries and (ii) activate at least one vehicle function based on the user profiles); and determining a position of each of the plurality of user devices relative to each of the plurality of vehicle units based on the cumulative cycle matrix ([0008], The signal information indicates characteristics of the wireless communication connections. The control module includes at least one processor that is configured to execute instructions stored in a nontransitory memory, and the control module is configured to (i) determine a location of each user device of the plurality of user devices based on the signal information and (ii) generate a plurality of entries based on the signal information. Each entry of the plurality of entries corresponds to each of the plurality of user devices. The system includes a user settings activation module that is implemented by the at least one processor of the control module. The user settings activation module is configured to (i) determine user profiles corresponding to each entry of the plurality of entries and (ii) activate at least one vehicle function based on the user profiles). Regarding claim 2, Golsch discloses: scheduling the ranging sessions based on the respective time of each of the ranging sessions ([0048], The application 47 may include modifications outside of the Bluetooth specification to enable the BLE chipset 41 to inspect timestamped data transmitted and received by the BLE chipset 41, regardless of the validity of the data. For example, the application 47 enables the BLE chipset 41 to compare transmitted and received data against expectations. The communication gateway 29 is configured to transmit the actual transmitted and received data to vehicle systems of the vehicle 30 via the vehicle interface 45. Alternatively, the communication gateway 29 can be configured to receive the data from each of the sensors 31 via the vehicle interface 45. The application 47 can be further configured to enable the BLE chipset 41 to confirm that each of the sensors 31 has received the correct data at the correct time). Regarding claim 3, Golsch discloses: wherein each of the plurality of user devices and each of the plurality of vehicle units comprises a transceiver capable of wireless communication (Fig. 1, communications line 50; [0078], In the figures, the direction of an arrow, as indicated by the arrowhead, generally demonstrates the flow of information (such as data or instructions) that is of interest to the illustration. For example, when element A and element B exchange a variety of information but information transmitted from element A to element B is relevant to the illustration, the arrow may point from element A to element B. This unidirectional arrow does not imply that no other information is transmitted from element B to element A. Further, for information sent from element A to element B, element B may send requests for, or receipt acknowledgements of, the information to element A). Regarding claim 6, Golsch discloses: wherein access to the vehicle comprises unlocking a door of the vehicle and/or starting an engine of the vehicle ([0004], If the Key Fob can be authenticated and is located within an authorizing zone, certain vehicle functions are made available to the user (e.g., doors are unlocked or vehicle is started)). Regarding claim 8, Golsch discloses: wherein access to the vehicle comprises unlocking a door of the vehicle and/or starting an engine of the vehicle ([0004], If the Key Fob can be authenticated and is located within an authorizing zone, certain vehicle functions are made available to the user (e.g., doors are unlocked or vehicle is started)). Regarding claim 9, Golsch discloses: wherein each of the plurality of user devices and each of the plurality of vehicle units comprises a transceiver capable of wireless communication (Fig. 1, communications line 50; [0078], In the figures, the direction of an arrow, as indicated by the arrowhead, generally demonstrates the flow of information (such as data or instructions) that is of interest to the illustration. For example, when element A and element B exchange a variety of information but information transmitted from element A to element B is relevant to the illustration, the arrow may point from element A to element B. This unidirectional arrow does not imply that no other information is transmitted from element B to element A. Further, for information sent from element A to element B, element B may send requests for, or receipt acknowledgements of, the information to element A). Regarding claim 11, Golsch discloses: A system for wireless ranging with a vehicle, comprising (Abstract, Systems and methods are provided and include a communication gateway of a control module. The communication gateway establishes wireless communication connections with a plurality of user devices. A plurality of sensors are configured to, in response to the plurality of user devices being connected to the communication gateway, communicate signal information about the wireless communication connections to the control module. The signal information indicates characteristics of the wireless communication connections. The control module (i) determines a location of each user device of the plurality of user devices based on the signal information and (ii) generates a plurality of entries based on the signal information. Each entry of the plurality of entries corresponds to each of the plurality of user devices. A user settings activation module (i) determines user profiles corresponding to each entry of the plurality of entries and (ii) activates at least one vehicle function based on the user profiles): a plurality of vehicle units ([0004], a plurality of vehicle antennas to estimate the location of the Key Fob); a plurality of user devices, wherein each of the plurality of user devices is configured to ([0008], wireless communication connections with a plurality of user devices): communicate with each of the plurality of vehicle units to establish a wireless connection ([0004], a plurality of vehicle antennas to estimate the location of the Key Fob; [0008], The present disclosure provides a system that includes a communication gateway of a control module of a vehicle, and the communication gateway is configured to establish wireless communication connections with a plurality of user devices. The system includes a plurality of sensors that are configured to, in response to the plurality of user devices being connected to the communication gateway, communicate signal information about the wireless communication connections to the control module); perform ranging sessions between each of the plurality of user devices and the plurality of vehicle units, wherein each of the ranging sessions comprises a time taken between a user device and a respective vehicle unit, and wherein each of the ranging sessions are performed concurrently ([0017], In some configurations, the signal information includes at least one of a time difference of arrival of each of the wireless communication connections, a time of arrival of each of the wireless communication connections, an angle of arrival of each of the wireless communication connections, and a round trip time of flight of each of the wireless communication connections; [0047], Additionally or alternatively, the sensors 31 can determine other measurements of the physical properties of the associated signals, including, for example, data related to the angle of arrival. Additionally or alternatively, the sensors 31 can communicate with each other and/or communicate with the communication gateway 29 via the vehicle interface 45 to determine time difference of arrival, time of arrival, or angle of arrival data for signals received by multiple sensors. Additionally or alternatively, the sensors 31 can measure and determine round trip time of flight information about signals sent and received to and from the user device 10. The sensors 31 receive timing information and channel map information from the communication gateway 29 via the vehicle interface 45. A timing synchronization module 44 is configured to accurately measure the reception times of messages on the vehicle interface 45 and pass the timing information to the BLE chipset 41. The BLE chipset 41 is configured to take the channel map information and the timing signals and to tune the PHY controller 46 to a specific channel at a specific time and observe all physical layer messages and data that conform to the Bluetooth physical layer specification, which includes the normal data rates proposed or adopted, for example, in the Bluetooth Specification version 5.0. The data, timestamps and measured signal strength are reported by the BLE chipset 41 to the communication gateway 29, or other control module 20, of the vehicle 30 via the vehicle Interface 45); a processing unit, comprising an algorithm and configured to ([0068], With reference to FIG. 6, an example flowchart of an algorithm 600 for activating vehicle functions based on the occupants of the vehicle is shown. The control algorithm 600 begins at 604, when at least one of the user devices 10 is turned on. At 608, the control algorithm 600 determines whether at least one of the user devices 10 is connected to the communication gateway 29. If so, the control algorithm 600 proceeds to 612; otherwise, the control algorithm 600 remains at 608 until at least one of the user devices 10 is connected to the communication gateway 29.): generate a cumulative cycle matrix based on the time taken for performing each of the ranging sessions ([0008], The signal information indicates characteristics of the wireless communication connections. The control module includes at least one processor that is configured to execute instructions stored in a nontransitory memory, and the control module is configured to (i) determine a location of each user device of the plurality of user devices based on the signal information and (ii) generate a plurality of entries based on the signal information. Each entry of the plurality of entries corresponds to each of the plurality of user devices. The system includes a user settings activation module that is implemented by the at least one processor of the control module. The user settings activation module is configured to (i) determine user profiles corresponding to each entry of the plurality of entries and (ii) activate at least one vehicle function based on the user profiles); and determine a position of each of the plurality of user devices relative to each of the plurality of vehicle units based on the cumulative cycle matrix ([0008], The signal information indicates characteristics of the wireless communication connections. The control module includes at least one processor that is configured to execute instructions stored in a nontransitory memory, and the control module is configured to (i) determine a location of each user device of the plurality of user devices based on the signal information and (ii) generate a plurality of entries based on the signal information. Each entry of the plurality of entries corresponds to each of the plurality of user devices. The system includes a user settings activation module that is implemented by the at least one processor of the control module. The user settings activation module is configured to (i) determine user profiles corresponding to each entry of the plurality of entries and (ii) activate at least one vehicle function based on the user profiles). Regarding claim 12, Golsch discloses: schedule the ranging sessions based on the respective time of each of the ranging sessions ([0048], The application 47 may include modifications outside of the Bluetooth specification to enable the BLE chipset 41 to inspect timestamped data transmitted and received by the BLE chipset 41, regardless of the validity of the data. For example, the application 47 enables the BLE chipset 41 to compare transmitted and received data against expectations. The communication gateway 29 is configured to transmit the actual transmitted and received data to vehicle systems of the vehicle 30 via the vehicle interface 45. Alternatively, the communication gateway 29 can be configured to receive the data from each of the sensors 31 via the vehicle interface 45. The application 47 can be further configured to enable the BLE chipset 41 to confirm that each of the sensors 31 has received the correct data at the correct time). Regarding claim 13, Golsch discloses: wherein each of the plurality of user devices and each of the plurality of vehicle units comprises a transceiver capable of wireless communication (Fig. 1, communications line 50; [0078], In the figures, the direction of an arrow, as indicated by the arrowhead, generally demonstrates the flow of information (such as data or instructions) that is of interest to the illustration. For example, when element A and element B exchange a variety of information but information transmitted from element A to element B is relevant to the illustration, the arrow may point from element A to element B. This unidirectional arrow does not imply that no other information is transmitted from element B to element A. Further, for information sent from element A to element B, element B may send requests for, or receipt acknowledgements of, the information to element A). Regarding claim 16, Golsch discloses: wherein access to the vehicle comprises unlocking a door of the vehicle and/or starting an engine of the vehicle ([0004], If the Key Fob can be authenticated and is located within an authorizing zone, certain vehicle functions are made available to the user (e.g., doors are unlocked or vehicle is started)). Regarding claim 18, Golsch discloses: wherein access to the vehicle comprises unlocking a door of the vehicle and/or starting an engine of the vehicle ([0004], If the Key Fob can be authenticated and is located within an authorizing zone, certain vehicle functions are made available to the user (e.g., doors are unlocked or vehicle is started)). Regarding claim 19, Golsch discloses: wherein each of the plurality of user devices and each of the plurality of vehicle units comprises a transceiver capable of wireless communication (Fig. 1, communications line 50; [0078], In the figures, the direction of an arrow, as indicated by the arrowhead, generally demonstrates the flow of information (such as data or instructions) that is of interest to the illustration. For example, when element A and element B exchange a variety of information but information transmitted from element A to element B is relevant to the illustration, the arrow may point from element A to element B. This unidirectional arrow does not imply that no other information is transmitted from element B to element A. Further, for information sent from element A to element B, element B may send requests for, or receipt acknowledgements of, the information to element A) . Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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. 07-20-aia AIA 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. 07-23-aia AIA 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. 07-21-aia AIA Claim s 4, 10, 14, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Golsch in view of Arun et al. (Copa: Practical Delay-Based Congestion Control for the Internet), hereinafter Arun . Regarding claim 4, Golsch does not specifically state: wherein the algorithm is a precessing algorithm positioned within each of the plurality of vehicle units. However, Arun teaches: wherein the algorithm is a precessing algorithm positioned within each of the plurality of vehicle units (Appendix A, Paragraphs 2-3, We showed how every measurement of the queuing delay provides a new estimate of the target rate. Hence, to understand what throughput and delay can be expected from a path, an endpoint only needs to transmit a few packets. The expected performance can be calculated from the measured RTT and queuing delay. These packets can be small, containing only the header and no data, which reduces the bandwidth consumed by probes. Applications can use this information in many ways. Copa offers a way for applications to obtain rate information. Senders can use the techniques we have developed to measure “expected throughput”– i.e., the rate that a Copa sender will use– by sending only a few small packets, and take an informed decision regarding what quality of content to transfer. As shown in §5.1, Copa’s rate estimates are accurate and senders are able to jump directly to the correct rate.). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Arun into the invention of Golsch to include delay minimizing algorithms as Arun discloses with a reasonable expectation of success. One would be motivated to incorporate aspects of the cited prior art to create a more robust system that utilizes delay-minimizing network protocols to maintain high communication throughput (Arun: Abstract). Additionally, the claimed invention is merely a combination of old, well-known elements of a vehicle ranging system and method to communicate with multiple user devices as disclosed by Golsch and a network delay minimizing algorithm as taught by Arun. The combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art before the effective filing date of the claimed invention would have recognized that the results of the combination would have been predictable. Claim 10 is rejected under similar rationale as claim 4. Claim 14 is rejected under similar rationale as claim 4. Claim 20 is rejected under similar rationale as claim 4 . 07-21-aia AIA Claim s 5, 7, 15, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Golsch in view of Salter et al. (US 20230077123 A1), hereinafter Salter . Regarding claim 5, Golsch does not specifically state: prioritizing access to the vehicle by a user based on distance of the user device to the vehicle. However, Salter teaches: prioritizing access to the vehicle by a user based on distance of the user device to the vehicle (Abstract, A vehicle having powered door access is provided including a powered door having an actuator for moving the door between closed and open positions, at least one sensor for sensing a first user approaching the vehicle, and a transceiver for communicating with another vehicle. The vehicle also includes a controller determining a distance of the first user from the vehicle and communicating with the other vehicle which determines a second user from the other vehicle, wherein the controller prioritizes which of the vehicle and the other vehicle is granted permission to open a door based on the distances of the first user and the second user.). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Salter into the invention of Golsch to include distance-based priority as Salter discloses with a reasonable expectation of success. One would be motivated to incorporate aspects of the cited prior art to create a more robust system that assigns priority to users of a vehicle based on proximity to the vehicle to allow the nearest user to access vehicle functions. Additionally, the claimed invention is merely a combination of old, well-known elements of a vehicle ranging system and method to communicate with multiple user devices as disclosed by Golsch and distance-based priority to access a vehicle as taught by Salter. The combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art before the effective filing date of the claimed invention would have recognized that the results of the combination would have been predictable. Claim 7 is rejected under similar rationale as claim 5. Claim 15 is rejected under similar rationale as claim 5. Claim 17 is rejected under similar rationale as claim 5. Documents Considered but Not Relied Upon 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. Bruemmer et al. (US 20140049429 A1) discloses disparate positional data derived from one or more positional determinative resources are fused with peer-to-peer relational data to provide an object with a collaborative positional awareness. An object collects positional determinative information from one or more positional resources so to independently determine its spatial location. That determination is thereafter augmented by peer-to-peer relational information that can be used to enhance positional determination and modify behavioral outcomes. Fernandes (US 20220371550 A1) discloses a vehicle access system and method with at least two sets of a receiver and a transmitter, each set configured to receive a type of wireless communication signal from a corresponding transmitter of a user device, and the type of wireless communication signal received by a set is different from that received by at least another set; a signal module communicating with each set, each signal module configured to process the wireless communication signals received from the set to determine an initial location of the user device relative to the vehicle; a localization module communicating with the signal modules and configured to determine a final location of the user device relative to the vehicle, based on the initial locations determined by the signal modules; and a controller configured to lock or unlock a door of the vehicle based on the determined final location of the user device. Ahmed et al. (US 20210402955 A1) discloses a mobile access device includes a transceiver and a control module. The transceiver transmits and receives ultra-wideband signals including a first challenge signal. The control module: transmits via the transceiver the first challenge signal to a vehicle, where the first challenge signal is associated with a passive entry or a passive start operation of the vehicle, based on the first challenge signal, receive a response signal from the vehicle, determine a distance between the mobile access device and the vehicle based on the response signal, determine a wait period based on the distance, wait a minimum period, where the minimum period is a minimum of (i) the wait period and (ii) an advertisement period or a predetermined ranging period, and subsequent to waiting the minimum period, transmit a second challenge signal to the vehicle to update the distance between the mobile access device and the vehicle. Nakashima et al. (US 20220057475 A1) discloses a distance data between the portable device and the vehicle-side transmission and reception device is acquired. A movement speed of the portable device is calculated based on a change between a current distance data and a previous distance data. A position estimation distance for estimating the position of the portable device with respect to the vehicle is updated when the movement speed is less than a first speed. The position estimation distance is not updated when the movement speed is equal to or larger than the first speed. The position of the portable device is estimated according to the position estimation distance . Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to IZCALLI ANDRE RIOS-AGUIRRE whose telephone number is (571)272-0790. The examiner can normally be reached Monday through Friday 8:30 - 17:00 EST. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /I.A.R./ Examiner, Art Unit 3666 /SCOTT A BROWNE/ Supervisory Patent Examiner, Art Unit 3666 Application/Control Number: 19/058,872 Page 2 Art Unit: 3666 Application/Control Number: 19/058,872 Page 3 Art Unit: 3666 Application/Control Number: 19/058,872 Page 4 Art Unit: 3666 Application/Control Number: 19/058,872 Page 5 Art Unit: 3666 Application/Control Number: 19/058,872 Page 6 Art Unit: 3666 Application/Control Number: 19/058,872 Page 7 Art Unit: 3666 Application/Control Number: 19/058,872 Page 8 Art Unit: 3666 Application/Control Number: 19/058,872 Page 9 Art Unit: 3666 Application/Control Number: 19/058,872 Page 10 Art Unit: 3666 Application/Control Number: 19/058,872 Page 11 Art Unit: 3666 Application/Control Number: 19/058,872 Page 12 Art Unit: 3666 Application/Control Number: 19/058,872 Page 13 Art Unit: 3666 Application/Control Number: 19/058,872 Page 14 Art Unit: 3666 Application/Control Number: 19/058,872 Page 15 Art Unit: 3666 Application/Control Number: 19/058,872 Page 16 Art Unit: 3666 Application/Control Number: 19/058,872 Page 17 Art Unit: 3666 Application/Control Number: 19/058,872 Page 18 Art Unit: 3666 Application/Control Number: 19/058,872 Page 19 Art Unit: 3666 Application/Control Number: 19/058,872 Page 20 Art Unit: 3666 Application/Control Number: 19/058,872 Page 21 Art Unit: 3666 Application/Control Number: 19/058,872 Page 22 Art Unit: 3666 Application/Control Number: 19/058,872 Page 23 Art Unit: 3666 Application/Control Number: 19/058,872 Page 24 Art Unit: 3666 Application/Control Number: 19/058,872 Page 25 Art Unit: 3666 Application/Control Number: 19/058,872 Page 26 Art Unit: 3666 Application/Control Number: 19/058,872 Page 27 Art Unit: 3666 Application/Control Number: 19/058,872 Page 28 Art Unit: 3666
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