Prosecution Insights
Last updated: August 17, 2026
Application No. 19/127,797

Method and Control Unit for Operating a Digital Key Device of a Vehicle Control System

Non-Final OA §102
Filed
May 07, 2025
Priority
Dec 06, 2022 — nonprovisional of PCTEP2022084680
Examiner
BROWN, VERNAL U
Art Unit
2686
Tech Center
2600 — Communications
Assignee
Bayerische Motoren Werke Aktiengesellschaft
OA Round
1 (Non-Final)
70%
Grant Probability
Favorable
1-2
OA Rounds
1y 9m
Est. Remaining
83%
With Interview

Examiner Intelligence

Grants 70% — above average
70%
Career Allowance Rate
826 granted / 1186 resolved
+7.6% vs TC avg
Moderate +14% lift
Without
With
+13.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
36 currently pending
Career history
1242
Total Applications
across all art units

Statute-Specific Performance

§101
3.0%
-37.0% vs TC avg
§103
56.8%
+16.8% vs TC avg
§102
24.0%
-16.0% vs TC avg
§112
7.9%
-32.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1186 resolved cases

Office Action

§102
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 . DETAILED ACTION The application of Daniel Kuelzer for Method and Control Unit for Operating a Digital Key Device of a Vehicle Control System filed 5/07/25 has been examined. Claims 15-33. Claim Rejections - 35 USC § 102 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)(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. Claim(s) 15,17-18,28,32-33 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kashiyama et al. US Patent Application Publication 20070224967. Regarding claim 15, Kashiyama teaches a control unit for a digital key device operated within a system including a vehicle and a set of portable digital key devices, each of which is configured to set up a communication link with the vehicle for controlling a function of the vehicle (paragraph 0057-060), wherein the control unit is configured to: detect a redundancy situation of the system, within which a plurality of portable digital key devices from the set of portable digital key devices is within a communication range for setting up a communication link with the vehicle or has already set up a communication link with the vehicle (response is received from two or more portable device, paragraph 060-068), and the plurality of portable digital key devices is carried by a same user (paragraph 016,019); in response to detecting the redundancy situation, select a first portable digital key device from the plurality of portable digital key devices (ECU specify the portable device, paragraph 088-091); and apply an energy reduction measure for reducing an energy consumption related to the communication link between the first portable digital key device and the vehicle (specify only one portable device to respond, the other portable device conserve energy by not responding, paragraph 092-093). Regarding claim 17, Kashiyama teaches the energy reduction measure comprises shutting down or preventing set up of the communication link between the first portable digital key device and the vehicle (specify only one portable device to respond, the other portable device conserve energy by not responding, paragraph 092-093). Regarding claim 18, Kashiyama teaches the energy reduction measure comprises shutting down or preventing set up of the communication link between the first portable digital key device and the vehicle (specify only one portable device to respond, the other portable device conserve energy by not responding, paragraph 092-093). Regarding 28, Kashiyama teaches the control unit is configured to detect the redundancy situation of the system based on signals transmitted via the communication links between the vehicle and individual devices from the plurality of portable digital key devices (response is received from two or more portable device, paragraph 060-068). Regarding claim 32, Kashiyama teaches a digital key authorizing the portable digital key device to control a function of a vehicle (paragraph 057,059); a communication unit configured to set up a communication link with the vehicle for controlling the function; and a control unit (paragraph 059). Regarding claim 33, Kashiyama teaches a method for operating a digital key device within a system including a vehicle and a set of portable digital key devices, each of which is configured to set up a communication link with the vehicle for controlling a function of the vehicle, the method comprising: detecting a redundancy situation of the system, within which a plurality of portable digital key devices from the set of portable digital key devices is within a communication range for setting up a communication link with the vehicle or has already set up a communication link with the vehicle (response is received from two or more portable device, paragraph 060-068), and the plurality of portable digital key devices is carried by a same user (response is received from two or more portable device, paragraph 060-068), and the plurality of portable digital key devices is carried by a same user (paragraph 016,019); in response to detecting the redundancy situation, selecting a first portable digital key device from the plurality of portable digital key devices (ECU specify the portable device, paragraph 088-091); and applying an energy reduction measure for reducing an energy consumption related to the communication link between the first portable digital key device and the vehicle specify only one portable device to respond, the other portable device conserve energy by not responding, paragraph 092-093). Allowable Subject Matter Claim 16,19-20,21-27, and 30-31 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Regarding claim 16, the prior art of record is silent on teaching the communication link comprises a Bluetooth Low Energy (BLE) communication link, and the energy reduction measure comprises increasing a BLE connection interval; and/or the communication link comprises an Ultrawideband (UWB) communication link, and the energy reduction measure comprises decreasing an UWB ranging frequency. Regarding claim 19-20, the prior art of record is silent on teaching the control unit is configured to: determine a device type for each of the plurality of portable digital key devices; and select the first portable digital key device based on the device types of the plurality of portable digital key devices, wherein the device type indicates that the first portable digital key device is a wearable smart device. Regarding claim 21, the prior art of record is silent on teaching the control unit is configured to: determine a charge level and/or a capacity of batteries of the plurality of portable digital key devices; and select, as the first portable digital key device, one of the plurality of portable digital key devices having a lowest charge level and/or lowest capacity. Regarding claim 22, the prior art of record is silent on teaching the control unit is configured to: determine a charge level and/or a capacity of batteries of the plurality of portable digital key devices; and select, as the first portable digital key device, one of the plurality of portable digital key devices having a lowest charge level and/or lowest capacity. Regarding claims 23-24, the prior art of record is silent on teaching the control unit is configured to: determine for each of the plurality of portable digital key devices whether a respective device is known or unknown to an infotainment system of the vehicle; and select the respective device, as the first portable digital key device, which is unknown to the infotainment system of the vehicle. Regarding claim 25-27, the prior art of record is silent on teaching the control unit is configured to: select a second portable digital key device from the plurality of portable digital key devices; and maintain the communication link between the second portable digital key device and the vehicle unchanged. Regarding claim 29, the prior art of record is silent on teaching the control unit is configured to: detect that a distance between the first portable digital key device and a second portable digital key device from the plurality of portable digital key devices has increased; and in response to detecting that the distance has increased, stop the energy reduction measure for reducing the energy consumption of the communication link between the first portable digital key device and the vehicle. Regarding claim 30, the prior art of record is silent on teaching each of the portable digital key devices from the set of portable digital key devices comprises a digital key; and the control unit is configured to: verify whether the plurality of portable digital key devices comprises digital keys belonging to and/or associated with the same user; and detect the redundance situation involving the plurality of portable digital key devices only if the plurality of portable digital key devices comprises digital keys belonging to and/or associated with the same user. Regarding claim 31, the prior art of record is silent on teaching the control unit is configured to: determine that two different portable digital key devices from the set of portable digital key devices are carried by two different users; and prevent the application of the energy reduction measure to the communication links of the two different portable digital key devices. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to VERNAL U BROWN whose telephone number is (571)272-3060. The examiner can normally be reached Monday-Friday, 8AM-5PM, EST. 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, Steven Lim can be reached at 571 270 1210. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /VERNAL U BROWN/Primary Examiner, Art Unit 2686
Read full office action

Prosecution Timeline

May 07, 2025
Application Filed
Jul 14, 2026
Non-Final Rejection mailed — §102 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
70%
Grant Probability
83%
With Interview (+13.8%)
3y 0m (~1y 9m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1186 resolved cases by this examiner. Grant probability derived from career allowance rate.

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