Prosecution Insights
Last updated: October 02, 2026
Application No. 17/164,260

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Non-Final OA §103
Filed
Feb 01, 2021
Priority
Jan 30, 2020 — provisional 62/967,944
Examiner
SALAD, ABDULLAHI ELMI
Art Unit
2466
Tech Center
2400 — Computer Networks
Assignee
Sirius Xm Connected Vehicle Services Inc.
OA Round
5 (Non-Final)
85%
Grant Probability
Favorable
5-6
OA Rounds
0m
Est. Remaining
94%
With Interview

Examiner Intelligence

Grants 85% — above average
85%
Career Allowance Rate
839 granted / 990 resolved
+26.7% vs TC avg
Moderate +10% lift
Without
With
+9.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
24 currently pending
Career history
1009
Total Applications
across all art units

Statute-Specific Performance

§101
9.1%
-30.9% vs TC avg
§103
51.6%
+11.6% vs TC avg
§102
20.0%
-20.0% vs TC avg
§112
4.2%
-35.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 990 resolved cases

Office Action

§103
Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 5/4/26 has been entered. 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 . Applicant arguments regarding claims 1 and 5 have been fully considered but are moot in view ground of rejection necessitated by thew claim´s amendment. For example applicant alleges cited art fails to disclose “receiving an in-vehicle prompt on a radio screen; enabling the in-vehicle prompt by pressing a button on the radio screen” In response newly cited reference Douthitt discloses A SYSTEMS AND METHODS FOR PROVIDING NETWORK-BASED CONTENT TO AN IN-VEHICLE TELEMATICS SYSTEM, including receiving an in-vehicle prompt on a radio screen(see par. 0034, 0037,0038, 0043); enabling the in-vehicle prompt by pressing a button on the radio screen(see par. 0043 where the radio screen includes push buttons 114) ( the in-vehicle telematics system 106 would prompt the user of the available software update and inform the user as the update progresses. Downloading and installing such software update). because prompts on radio such Pushbuttons 114 typically allow for the selection and display of various functions of in-vehicle control system 106 including sound system control, hands-free phone use, contact or address/phone book management, calendar viewing/modification, and vehicle data logging. The operation of pushbutton 114 for media playback may display a media playback menu screen or execute commands that allow the user to view, select, sort, search for, and/or play audio or video files by tactile or oral command. In this the in-vehicle system 106 may be user instructed or directed (e.g., by the aggregator in an automated communications-driven process) to download a content update (e.g., if an update is available, as shown in FIG. 2B). 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] and further in view of Douthitt et al. U.S. Patent Application Publication No. US 20140164579 [hereinafter Douthitt]. 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. The system of Lortz-Ricci does not explicitly disclose “receiving an in-vehicle prompt on a radio screen; enabling the in-vehicle prompt by pressing a button on the radio screen”. Douthitt discloses A SYSTEMS AND METHODS FOR PROVIDING NETWORK-BASED CONTENT TO AN IN-VEHICLE TELEMATICS SYSTEM, including receiving an in-vehicle prompt on a radio screen(see par. 0034, 0037,0038, 0043); enabling the in-vehicle prompt by pressing a button on the radio screen(see par. 0043 where the radio screen includes push buttons 114) ( the in-vehicle telematics system 106 would prompt the user of the available software update and inform the user as the update progresses. Downloading and installing such software update). 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 Douthitt into the system of Lortz-Ricci because prompts on radio such Pushbuttons 114 typically allow for the selection and display of various functions of in-vehicle control system 106 including sound system control, hands-free phone use, contact or address/phone book management, calendar viewing/modification, and vehicle data logging. The operation of pushbutton 114 for media playback may display a media playback menu screen or execute commands that allow the user to view, select, sort, search for, and/or play audio or video files by tactile or oral command. In this the in-vehicle system 106 may be user instructed or directed (e.g., by the aggregator in an automated communications-driven process) to download a content update (e.g., if an update is available, as shown in FIG. 2B). As per claim 2. Douthitt discloses the method of claim 1, wherein the request for a text message is in response to the user pressing a button on a radio screen (see par. 0043 where the radio screen includes push buttons 114) ( the in-vehicle telematics system 106 would prompt the user of the available software update and inform the user as the update progresses. 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). As per claim 5., Lortz-Ricci-Douthitt discloses substantial features of the claimed invention as discussed above with respect to claim 1, Lortz-Ricci-Douthitt 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-Douthitt, in this way a 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. The system of Lortz-Ricci- Elangovan does not explicitly disclose “receiving an in-vehicle prompt on a radio screen; enabling the in-vehicle prompt by pressing a button on the radio screen”. Douthitt discloses A SYSTEMS AND METHODS FOR PROVIDING NETWORK-BASED CONTENT TO AN IN-VEHICLE TELEMATICS SYSTEM, including receiving an in-vehicle prompt on a radio screen(see par. 0034, 0037,0038, 0043); enabling the in-vehicle prompt by pressing a button on the radio screen(see par. 0043 where the radio screen includes push buttons 114) ( the in-vehicle telematics system 106 would prompt the user of the available software update and inform the user as the update progresses. Downloading and installing such software update). 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 Douthitt into the system of Lortz-Ricci because prompts on radio such Pushbuttons 114 typically allow for the selection and display of various functions of in-vehicle control system 106 including sound system control, hands-free phone use, contact or address/phone book management, calendar viewing/modification, and vehicle data logging. The operation of pushbutton 114 for media playback may display a media playback menu screen or execute commands that allow the user to view, select, sort, search for, and/or play audio or video files by tactile or oral command. In this the in-vehicle system 106 may be user instructed or directed (e.g., by the aggregator in an automated communications-driven process) to download a content update (e.g., if an update is available, as shown in FIG. 2B). 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). 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. 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, Faruk Hamza can be reached on 571-272-7969. 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. /ABDULLAHI E SALAD/Primary Examiner, Art Unit 2466
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Prosecution Timeline

Show 4 earlier events
Dec 02, 2024
Request for Continued Examination
Dec 11, 2024
Response after Non-Final Action
Jan 24, 2025
Non-Final Rejection mailed — §103
Jul 24, 2025
Response Filed
Nov 03, 2025
Final Rejection mailed — §103
May 04, 2026
Request for Continued Examination
May 11, 2026
Response after Non-Final Action
Sep 22, 2026
Non-Final Rejection mailed — §103 (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

5-6
Expected OA Rounds
85%
Grant Probability
94%
With Interview (+9.7%)
3y 1m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 990 resolved cases by this examiner. Grant probability derived from career allowance rate.

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