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 .
The instant application having application No. 19/282,196 of GOLSCH et al. for “Passive Entry/Passive Start Systems And Methods” filed on July 28, 2025 has been examined.
Drawings
Drawings Figures 1-25 submitted on July 28, 2025 are in compliance with the provisions of 37 CFR 1.121(d).
Information Disclosure Statement
The information disclosure statement (IDS) submitted on July 28, 2025 is being considered by the examiner.
Double Patenting
The non-statutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A non-statutory double patenting rejection is appropriate where the claims at issue are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Torrington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a non-statutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claims 1-28 are non-provisionally rejected on the ground of non-statutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 10,328,898 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant pending claim is much broader version of the patented narrower claims 1-22. The difference between the patented narrower claims 1-22 and pending broader claims 1-28 of the instant application are not patentably distinct from each other as set forth in the table herein below:
Pending App. No. 19/282,196:
U.S. Patent No. 10,328,898 B2:
Claim 1: A system comprising:
a communication gateway in a vehicle configured to establish a Bluetooth low energy (BLE) communication connection with a portable device and to instruct
at least one sensor to perform ranging using impulse radio (IR) ultra-wide band (UWB) communication with the portable device based on information exchanged with the portable device via the BLE communication connection; and
a localization module configured to determine a location of the portable device based on the ranging performed by the at least one sensor with the portable device.
Claim 15: A method comprising:
establishing, with a communication gateway in a vehicle,
a Bluetooth low energy (BLE) communication connection with a portable device; instructing, with the communication gateway,
at least one sensor to perform ranging using impulse radio (IR) ultra-wide band (UWB) communication with the portable device based on information exchanged with the portable device via the BLE communication connection; and
determining, with a localization module, a location of the portable device based on the ranging performed by the at least one sensor with the portable device.
Claim 1: A system comprising:
a communication gateway in a vehicle configured to establish a Bluetooth low energy (BLE) communication connection with a portable device;
at least one sensor configured to communicate with the communication gateway and configured to communicate with the portable device using impulse radio (IR) ultra-wide band (UWB) communication, the communication gateway being configured to instruct the at least one sensor to perform two-way ranging using IR UWB communication with the portable device in a designated time slot after pairing between the communication gateway and the portable device is completed;
a localization module in communication with the communication gateway and configured to determine a location of the portable device based on the two-way ranging performed by the at least one sensor; and a passive entry/passive start (PEPS) system configured to receive the location of the portable device from the localization module and to perform a vehicle function including at least one of unlocking a door of the vehicle, unlocking a trunk of the vehicle, and allowing the vehicle to be started based on the location of the portable device.
Claim 9: A method comprising:
establishing, with a communication gateway in a vehicle,
a Bluetooth low energy (BLE) communication connection with a portable device; instructing, with a communication gateway,
at least one sensor configured to communicate with the portable device using impulse radio (IR) ultra-wide band (UWB) communication to perform two-way ranging using IR UWB communication with the portable device in a designated time slot after pairing between the communication gateway and the portable device is completed; performing, with the at least one sensor, two-way ranging using IR UWB communication with the portable device;
determining, with a localization module, a location of the portable device based on the two-way ranging performed by the at least one sensor; receiving, with a passive entry/passive start (PEPS) system, the location of the portable device from the localization module; and performing, with the PEPS system, a vehicle function including at least one of unlocking a door of the vehicle, unlocking a trunk of the vehicle, allowing the vehicle to be started, and activating a wireless charging station in the vehicle based on the location of the portable device.
Similarly, claims 2-14 and 16-28 are non-provisionally rejected on the ground of non-statutory obviousness-type double patenting as being unpatentable over claims 2-18 and 10-22 of U.S. Patent No. 10,328,898 B2. The difference between Co-pending narrow claims 2-14 and 16-28 and the pending broad claims 2-18 and 10-22 of the instant application are not patentably distinct from each other. Although the conflicting claims are not identical, the patented narrow claims 2-18 and 10-22 anticipate the claimed limitations of the instant application’s broad claims 2-14 and 16-28.
Thus, in view of the above, since the scope of the claimed limitations of the instant application as claimed in claims 1-28 of the instant application were fully disclosed in and covered by narrower claims 1-22 of U.S. Patent No. 10,328,898 B2, thus, allowing the claims 1-28 would result in an unjustified or improper timewise extension of the “right to exclude” granted by a patent.
This is a non-provisional statutory type double patenting rejection because the conflicting claims have in fact been patented.
Claims 1-28 are non-provisionally rejected on the ground of non-statutory obviousness-type double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 10,647,296 B2. The difference between patented narrow claims 1-20 and the pending broad claims 1-28 of the instant application are not patentably distinct from each other. Although the conflicting claims are not identical, the patented narrow claims 1-20 anticipate the claimed limitations of the instant application’s broad claims 1-28.
In view of the above, since the subject matters recited in the broad claims 1-28 of the instant application was fully disclosed in and covered by narrow claims 1-20 of U.S. Patent No. 10,647,296 B2, allowing the broad claims 1-28 would result in an unjustified or improper timewise extension of the “right to exclude” granted by a patent.
This is a non-provisional non-statutory obviousness-type double patenting rejection because the conflicting claims have in fact have been patented.
Claims 1-28 are non-provisionally rejected on the ground of non-statutory obviousness-type double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,007,977 B2. The difference between patented narrow claims 1-20 and the pending broad claims 1-28 of the instant application are not patentably distinct from each other. Although the conflicting claims are not identical, the patented narrow claims 1-20 anticipate the claimed limitations of the instant application’s broad claims 1-28.
In view of the above, since the subject matters recited in the broad claims 1-28 of the instant application was fully disclosed in and covered by narrow claims 1-20 of U.S. Patent No. 11,007,977 B2, allowing the broad claims 1-28 would result in an unjustified or improper timewise extension of the “right to exclude” granted by a patent.
This is a non-provisional non-statutory obviousness-type double patenting rejection because the conflicting claims have in fact have been patented.
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicants’ disclosure:
U.S. Patent No. 8,930,045 B2 to OMAN et al, disclose a passive entry passive start (PEPS) vehicle security system configured to thwart a relay attack on the system. The system includes one or more ultra-wide band transceivers (UWBX) installed on a vehicle and configured to transmit a request pulse at a request time. A mobile UWBX, possibly installed in a nomadic device such as a smart phone, is configured to transmit a reply pulse in response to the request pulse. A controller is configured to determine a distance between each UWBX and the mobile UWBX based on a time interval between the request time and a time that corresponds to when the reply pulse is received by the each UWBX. The controller may also be configured to unlock doors of the vehicle only if the distance is less than an unlock threshold.
U.S. Publication No. 2014/0240091 A1 of TALTY et al, disclose a system and method for employing BLE nodes in a PEPS system to determine whether a FOB is within or outside of a vehicle. The method includes interrogating the FOB using a signal transmitted by a BLE device on the vehicle to determine whether the FOB is in a predetermined vicinity of the vehicle and receiving a Bluetooth signal at the BLE device that is transmitted by the FOB if the FOB is in the vicinity of the vehicle. The method also included determining a transmit power of the Bluetooth signal transmitted by the FOB and determining a receive power of the Bluetooth signal transmitted by the FOB and received by the BLE device. The method uses the transmit power and the receive power in a comparison process to determine whether the FOB is inside or outside of the vehicle.
U.S. Publication No. 2014/0330449 A1 of OMAN et al, disclose a passive entry passive start (PEPS) vehicle security system configured to thwart a relay attack on the system. The system includes one or more ultra-wide band transceivers (UWBX) installed on a vehicle and configured to transmit a request pulse at a request time. A mobile UWBX, possibly installed in a nomadic device such as a smart phone, is configured to transmit a reply pulse in response to the request pulse. A controller is configured to determine a distance between each UWBX and the mobile UWBX based on a time interval between the request time and a time that corresponds to when the reply pulse is received by the each UWBX. The controller may also be configured to unlock doors of the vehicle only if the distance is less than an unlock threshold.
U.S. Publication No. 2015/0161834 A1 of SPAHL et al, disclose a convenience controller activates a small zone high location precision welcoming detecting function (with high current utilization) in response to a detected arrival of an authorized user into a larger zone low location precision welcoming detecting function (with low current utilization) approach region around a vehicle. A short range transmitter broadcasts a polling signal covering the region. The short range transmitter has an approach pending mode wherein the polling signal is broadcast according to a first predetermined repetition and a baseline mode wherein the polling signal is broadcast according to a lower repetition. The short range transmitter has a first power drain in the approach pending mode. A wireless communication system is configured to monitor for user activity outside the approach region corresponding to a potential user entry into the approach region, wherein monitoring by the wireless communication system has a lower power drain. If the short range transmitter is in the baseline mode when the user activity is detected, then the short range transmitter switches to the approach pending mode.
U.S. Publication No. 2016/0063786 A1 of LEWIS et al, disclose a method is disclosed in which the signal strength of a wireless connection is evaluated to determine a proximity of a portable electronic device relative to a vehicle. Based on the determined proximity of the portable electronic device, one or more doors of the vehicle are unlocked. A push button ignition of the vehicle is also enabled based on a determination that the portable electronic device is located within the vehicle.
Correspondence
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/SISAY YACOB/ August 21, 2026 Primary Examiner, Art Unit 2686
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