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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 09/12/2025, 04/21/2026 was filed before the first action on the merits of the application. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“position detection unit”, claims 1-6, placeholder term “unit” which is functionally claimed with no structure linked to this unit for performing its function. [0023] understood to be a wireless communication/position system
“person detection unit”, claims 1-6, placeholder term “unit” which is functionally claimed with no structure linked to this unit for performing its function. From [0012] understood to be a camera equipped on the vehicle
“control unit”, claims 1-6, placeholder term “unit” which is functionally claimed with no structure linked to the unit for performing its function. From [0011] it is understood to be an ECU
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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) 1, 3, 5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20230061499 A1, “Activating Vehicle Components Based On Intent Of Individual Near Vehicle”, Salter et al.
Regarding Claim 1, Salter et al teaches “1. A vehicle door control device comprising: a position detection unit configured to detect a position of a key of a vehicle”( [0038] In another example embodiment, the vehicle entry authorization system 116 may cooperate with a smartphone (the handheld remote-control device 120) to execute a measurement procedure. The measurement procedure may involve an individual (such as, for example, the driver of the vehicle 115) placing the smartphone upon a first wall (for example, the wall 137) and the vehicle entry authorization system 116 determining a distance between the vehicle 115 and the wall by identifying a location of the smartphone using various location identification procedures. In an example location identification procedure, the location of the smartphone may be determined using UWB-based triangulation when the smartphone uses UWB communications. In another location identification procedure, the location of the smartphone may be determined on the basis of a received signal strength indication (RSSI) and/or a radiation pattern of an antenna of the handheld remote-control device 120.);” a person detection unit configured to detect a person present around the vehicle; and a control unit “([0097] The vehicle entry authorization system 116 may include a processor 30, and a memory 35. The memory 35, which is one example of a non-transitory computer-readable medium, may be used to store an operating system (OS) 60, a database 55, and various code modules such as a vehicle entry authorization module 40, an image evaluation module 45, and a sensor data evaluation module 50. The code modules are provided in the form of computer-executable instructions that can be executed by the processor 30 for performing various operations in accordance with the disclosure)”configured to execute control for opening a door of the vehicle based on detection by the position detection unit that the key of the vehicle is present within a range of a predetermined distance from the vehicle and detection by the person detection unit that the person is present at the position of the key of the vehicle detected by the position detection unit.”( [0059] FIG. 5 illustrates a fifth example scenario where the vehicle 115 executes some additional operations in accordance the disclosure. In this scenario, the individual 125 is entering the garage 105 via the door 112. The vehicle entry authorization system 116 detects the location of the handheld remote-control device 120 and uses the dimensional information template to identify the presence of the individual 125 inside the garage 105. In one case, the vehicle entry authorization system 116 may activate the camera 145 to capture an image of the individual 125 and evaluate the image to confirm the presence and/or the identity of the individual 125. Upon confirming that the individual 125 is located inside the garage 105 and is walking towards the vehicle 115, the vehicle entry authorization system 116 may execute one or more autonomous operations such as, for example, unlocking and/or opening a door of the vehicle 115.” Here the location of the device (Key) is compared to dimensional template to identify if it within a range of the vehicle and then responsive to being within range imaging system detect if there is a person with the key (confirm the presence/identity of the individual) and then if confirmed unlocks the door (and logically if there is no confirmation it would not unlock the door))
Regarding Claim 3, Salter et al teaches “The vehicle door control device according to claim 1, wherein when the position detection unit detects that the key of the vehicle is present within the range of the predetermined distance from the vehicle, and when the person detection unit detects that no person is present at the position of the key of the vehicle detected by the position detection unit, the control unit maintains the door of the vehicle in a locked state.”( [0059] FIG. 5 illustrates a fifth example scenario where the vehicle 115 executes some additional operations in accordance the disclosure. In this scenario, the individual 125 is entering the garage 105 via the door 112. The vehicle entry authorization system 116 detects the location of the handheld remote-control device 120 and uses the dimensional information template to identify the presence of the individual 125 inside the garage 105. In one case, the vehicle entry authorization system 116 may activate the camera 145 to capture an image of the individual 125 and evaluate the image to confirm the presence and/or the identity of the individual 125. Upon confirming that the individual 125 is located inside the garage 105 and is walking towards the vehicle 115, the vehicle entry authorization system 116 may execute one or more autonomous operations such as, for example, unlocking and/or opening a door of the vehicle 115.” Here the location of the device (Key) is compared to dimensional template to identify if it within a range of the vehicle and then responsive to being within range imaging system detect if there is a person with the key (confirm the presence/identity of the individual) and then if confirmed unlocks the door (and logically if there is no confirmation it would not unlock the door))
Regarding Claim 5, Salter et al teaches “The vehicle door control device according to claim 1, wherein the control unit determines whether the person detected by the person detection unit has an intention to use the vehicle when the position detection unit detects that the key of the vehicle is present within the range of the predetermined distance from the vehicle and when the person detection unit detects that the person is present at the position of the key of the vehicle detected by the position detection unit, and executes control for opening the door when it is determined that the person has the intention to use the vehicle.”([0075]-[0077] “Reference numeral 125e corresponds to a second instant in time when the individual 125 has moved past the first activation zone 605 and into the second activation zone 610. At this second instant in time, the vehicle entry authorization system 116 senses the presence of the individual 125. For example, an ultrasonic detector may detect and propagate a detection signal to the vehicle entry authorization system 116. The vehicle entry authorization system 116 may respond to the detection signal by activating the camera 145 to capture one or more images and determine based on evaluating the image(s) that the individual 125 has walked past the first activation zone 605 and into the second activation zone. Furthermore, a torso portion of the individual 125 is oriented at an angle (indicated by an arrow 725) with respect to the vehicle 115. The angle may be any angle other than an angle that provides an indication to the vehicle entry authorization system 116 that the individual 125 is intending to enter the vehicle 115”. Here Salter teaches determining user intent to enter the vehicle and subsequently unlocking (or not unlocking) the door based on if the detected person has intent to enter or not)
Claim Rejections - 35 USC § 103
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, 4, and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Salter et al as applied to claim 1 above, and further in view of US 20230019720 A1; “AUTHENTICATION DEVICE AND VEHICLE HAVING THE SAME”, Jin.
Regarding Claim 2, Salter et al does not teach stopping the person detection unit when the key position continues to remain present within a certain range for a predetermined reference time or longer.
Jin et al teaches a vehicle door locking and unlocking system in which includes “wherein the control unit activates the person detection unit when the position detection unit detects that the key of the vehicle moves from outside the range of the predetermined distance from the vehicle to within the range or the key of the vehicle present within the range of the predetermined distance from the vehicle moves in a direction approaching the vehicle, “([0013] The authentication processor may be configured to transmit the facial recognition instruction to the facial recognition processor in response to determining that the distance with the external device is less than or equal to a second reference distance based on the obtained distance information after the booting of the facial recognition processor is completed, and control the facial recognition processor to a wake-up mode in response to determining that the distance with the external device exceeds the second reference distance.);”andstops the person detection unit when the key of the vehicle detected by the position detection unit continues being present within a certain range for a predetermined reference time or longer after the person detection unit is activated.”( [0016] The authentication processor may be configured to determine whether a predetermined time has elapsed from a time when the facial recognition processor wakes up, and transmit a power-off instruction to the facial recognition processor if the face information is not received from the facial recognition processor after the predetermined time has elapsed.)
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the application to modify Salter et al to include the camera (facial recognition) system wake-up and shutdown features of Jin et al. One would be motivated to implement the facial recognition system sleep function of Jin in order to conserve the vehicle’s battery life, improving operation of the system. ([0254] Further, the embodiments of the disclosure cuts off the power supplied to the facial recognition processor after the ignition of vehicle is turned off, and supplies the power to the facial recognition processor in a situation in which the user approaches the vehicle, thereby reducing the amount of power consumed by the facial recognition processor. In other words, according to the embodiments of the disclosure, leakage current may be reduced in a state in which the ignition of vehicle is turned off, thus leading to decreased wasteful energy consumption.)
Regarding Claim 4, modified Salter et al teaches “The vehicle door control device according to claim 2, wherein when the position detection unit detects that the key of the vehicle is present within the range of the predetermined distance from the vehicle, and when the person detection unit detects that no person is present at the position of the key of the vehicle detected by the position detection unit, the control unit maintains the door of the vehicle in a locked state.”(Salter [0059] F”IG. 5 illustrates a fifth example scenario where the vehicle 115 executes some additional operations in accordance the disclosure. In this scenario, the individual 125 is entering the garage 105 via the door 112. The vehicle entry authorization system 116 detects the location of the handheld remote-control device 120 and uses the dimensional information template to identify the presence of the individual 125 inside the garage 105. In one case, the vehicle entry authorization system 116 may activate the camera 145 to capture an image of the individual 125 and evaluate the image to confirm the presence and/or the identity of the individual 125. Upon confirming that the individual 125 is located inside the garage 105 and is walking towards the vehicle 115, the vehicle entry authorization system 116 may execute one or more autonomous operations such as, for example, unlocking and/or opening a door of the vehicle 115.” Here Salter teaches that the unlocking is responsive to confirming (with the camera) that the person is present, thus if no person is present this confirming would fail and thus the door would not be unlocked)
Regarding Claim 6, modified Salter teaches “The vehicle door control device according to claim 2, wherein the control unit determines whether the person detected by the person detection unit has an intention to use the vehicle when the position detection unit detects that the key of the vehicle is present within the range of the predetermined distance from the vehicle and when the person detection unit detects that the person is present at the position of the key of the vehicle detected by the position detection unit, and executes control for opening the door when it is determined that the person has the intention to use the vehicle.”( [0075]-[0077] “Reference numeral 125e corresponds to a second instant in time when the individual 125 has moved past the first activation zone 605 and into the second activation zone 610. At this second instant in time, the vehicle entry authorization system 116 senses the presence of the individual 125. For example, an ultrasonic detector may detect and propagate a detection signal to the vehicle entry authorization system 116. The vehicle entry authorization system 116 may respond to the detection signal by activating the camera 145 to capture one or more images and determine based on evaluating the image(s) that the individual 125 has walked past the first activation zone 605 and into the second activation zone. Furthermore, a torso portion of the individual 125 is oriented at an angle (indicated by an arrow 725) with respect to the vehicle 115. The angle may be any angle other than an angle that provides an indication to the vehicle entry authorization system 116 that the individual 125 is intending to enter the vehicle 115”. Here Salter teaches determining user intent to enter the vehicle and subsequently unlocking (or not unlocking) the door based on if the detected person has intent to enter or not)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. WO 2019138975 A1; US 20200300027 A1; US 20210009080 A1; US 20210362683 A1; US 20210370867 A1; US 20220172530 A1; US 20230174018 A1; US 20230184024 A1; US 20240217482 A1; US 20240296705 A1; US 20250154814 A1;
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KENNETH MICHAEL DUNNE whose telephone number is (571)270-7392. The examiner can normally be reached Mon-Thurs 8:30-6:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Navid Z Mehdizadeh can be reached at (571) 272-7691. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KENNETH M DUNNE/Primary Examiner, Art Unit 3669