Response to Amendment
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 response/remark dated 7/24/25 has been received and made of record.
Applicant arguments regarding claims 1 and 5 have been fully considered but are not persuasive for the following reasons
For example, applicant alleges the cited art fails to disclose features of claims 1 and 5 that recite, in part, “receiving a message that the car is turned off, and transmitting the SMS request to the user, wherein SMS request includes a link that redirects the user to download a mobile app after the vehicle is turned off”.
In response as previously described the combined teachings of Lortz-Ricci does disclose the claimed invention as recited current version of the claims such as “receiving a message that the car is turned off, and transmitting the SMS request to the user, wherein SMS request includes a link that redirects the user to download a mobile app after the vehicle is turned off”.
First, Lortz discloses receiving a request for a text message at a server(see par. 0033, routing an SMS request for transmission to a mobile phone of the user (see par. 0019), transmitting the SMS request to the user, wherein SMS request includes a link that redirects the user to download a mobile app(see par. 0044, 0047, server 75, may redirect the mobile device 120 to the appropriate source (e.g., application store) to download the client application 136 for the host device (e.g., vehicle 102), wherein the user clicks the link on their phone to download the app (see par. 0047, 0063 , where mobile user may receive URI and be redirected application store to download application) .However, Lortz does not explicitly disclose receiving a message that the car is turned off and to download a mobile app after the vehicle is turned off. Here, Ricci discloses receiving a message that the car is turned off and to download a mobile app after the vehicle is turned off(see pars. 0211, 0653, 0709, where the vehicle can synchronize with the mobile phone when the vehicle is parked in proximity thereto and an ignition of the vehicle is turned off, that is message or notification that related synchronization with the mobile phone so application be downloaded or updated when the vehicles are parked in a common garage of the occupant's home even when the ignition of the vehicle(s) is/are turned off.
Additionally, for example, when the vehicle is performing a download to update various software features. In this way, the vehicle on board computer can connect automatically to the owner's home virtual private network to upload and/or download information which may occur automatically whether the vehicle is turned on or off. This can be highly beneficial when the vehicle is parked in the garage and the ignition is tuned off.(see par. 0709) , so as to download an update various software features , even when ignition of the vehicle is turned off.
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.
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.
Claims 1, 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over Lortz et al. U. S. Patent Application No. 2014/0187149[hereinafter Lortz] in view of Ricci Christopher et al. U. S. Patent Application No. 2014/0309806[herein after Ricci].
As per claim 1. Lortz discloses a method for seamlessly downloading an app in-vehicle, the method comprising:
receiving a request for a text message at a server(see par. 0033);
creating a security token linked to a user in response to receiving the request for a text message(see par. 0039, 0046, the authentication code may be generated using a secure hash, such as HMAC-SHA256, using a strong pre-shared secret);
routing an SMS request for transmission to a mobile phone of the user (see par. 0019);
transmitting the SMS request to the user, wherein SMS request includes a link that redirects the user to download a mobile app(see par. 0044, 0047, server 75, may redirect the mobile device 120 to the appropriate source (e.g., application store) to download the client application 136 for the host device (e.g., vehicle 102).
wherein the user clicks the link on their phone to download the app (see par. 0047, 0063 , where mobile user may receive URI and be redirected application store to download application).
Lortz does not explicitly disclose receiving a message that the car is turned off and to download a mobile app after the vehicle is turned off.
Ricci discloses receiving a message that the car is turned off and to download a mobile app after the vehicle is turned off(see pars. 0211, 0653, 0709, where The vehicle can synchronize with the mobile phone when the vehicle is parked in proximity thereto and an ignition of the vehicle is turned off, that is message or notification that related synchronization with the mobile phone so application be downloaded or updated when the vehicles are parked in a common garage of the occupant's home even when the ignition of the vehicle(s) is/are turned off. Therefore, it would have been obvious to one having ordinary skill in the art prior to effective filing date of the claimed invention to incorporate the teachings of Ricci into the system Lortz such that
Synchronization of the on board vehicle and mobile phone can occur automatically whether the vehicle is turned on or off. This can be highly beneficial when the vehicle is parked in the garage.
as per claim 3, Lortz discloses the method of claim 1, wherein the user is redirected to an app store(see par. 0047).
as per 4, Lortz discloses the method of claim 1, wherein the request is transmitted to the server over Internet Protocol (IP)(see par. 0033).
Claim 2, 5-9 are rejected under 35 U.S.C. 103 as being unpatentable over Lortz-Ricci and further in view in view of Elangovan U.S. Patent Application No. 2021/0027558[hereinafter Elangovan]
Lortz-Link discloses substantial features of the claimed as discussed above with respect to claim1, including downloading an app in-vehicle, including: download a mobile app, receiving a link on the mobile phone, clicking the received link; routing the user to an app store, and downloading the mobile app)
Lortz-Ricci does not disclose wherein the request for a text message is in response to the user pressing a button on a radio screen.
Elangovan discloses wherein the request for a text message is in response to the user pressing a button on a radio screen (see par. 0018, 0027, thus, to enter a digit of an access code, such as a personal code or factory code, the user may simply touch or push the corresponding button 124.) Therefore, it would have been obvious to one having ordinary skill in the art prior to effective filing date of the claimed invention to incorporate the teachings of Elangovan into the system Lortz-link thus , the keypad 122 may transmit commands via hardwired signals to the controller 104 which correspond in response to the user selecting various switches 124a-124n).
As per claim 5., Lortz-Ricci discloses substantial features of the claimed invention
as discussed above with respect to claim 1,
Lortz-Ricci does not explicitly waving a mobile phone over a sensor in a vehicle.
Elangovan waving a mobile phone over a sensor in a vehicle (see par. 0027, 0029, for instance, the user may hold the mobile device 134 to an NFC sensor 108 on the exterior of the vehicle 102 and may select to enter privacy mode from a vehicle access application 136 executed by the mobile device 134). Therefore, it would have been obvious to one having ordinary skill in the art prior to effective filing date of the claimed invention to incorporate the teachings of Elangovan into the system of Lortz-Ricci, in this way b user may hold the mobile device 134 to an NFC sensor 108 on the exterior of the vehicle 102 and may select to access a vehicle access application 136 executed by the mobile device.
as per claim 6. Elangovan discloses the method of claim 5, wherein the sensor is a Near Field Communication (NFC) sensor(see the abstract and par. 0034).
as per claim 7, Elangovan discloses the method of claim 6, further comprising: waving the mobile phone over the sensor a second time to login to the mobile app using a secure token transmitted over Internet Protocol (IP), through the radio, and to an NFC transceiver(see par. 0018).
as per claim 8, Elangovan discloses the method of claim 7, where in the secure token is personalized to the user(see par. 0004, 0018 the driver may also use the factory code to program a new code, sometimes referred to as a personalized code, which may be easier to remember than the factory code and usable to unlock the vehicle with the keypad..
as per claim 9, Elangovan discloses the method of claim 5, wherein on a condition that the app is installed and launched while attached to the vehicle, a token is passed to share an all access trial directly with the mobile app(see par. 0018, 0024).
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABDULLAHI ELMI SALAD whose telephone number is (571)272-4009. The examiner can normally be reached 9:30AM-6:PM.
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/ABDULLAHI E SALAD/Primary Examiner, Art Unit 2466