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 .
Response to Amendment
The amendments to the claims have overcome the objections due to minor informality. The claim objections due to informality have been withdrawn.
Response to Arguments
Applicant’s arguments, see the section titled “C. 35 USC 112(a) Rejections” on page 9 of the reply filed 10/28/2025, with respect to the rejections under 35 U.S.C. 112(a) have been fully considered and are persuasive. In light of the amended claims, the rejections under 35 U.S.C. 112(a) have been withdrawn.
Applicant’s arguments, see the section titled “E. 35 USC 103 Rejections” starting on page 10 of the reply filed 10/28/2025, with respect to the rejections under 35 U.S.C. 103 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. See the rejections below.
Claim Rejections - 35 USC § 103
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.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-2, 7-8, and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Kawai (US 2001/0020893 A1), in view of Oesterling (US 2019/0092280 A1), Welch (US 2006/0047380 A1), and Nelson (US 2019/0258494 A1).
Regarding claim 1, Kawai discloses a communication device for use with a mobile vehicle (In paragraphs [0050] and [0057], Kawai discloses that a vehicle 1 is equipped with an on-vehicle unit 4 which comprises an on-vehicle phone 8 that transmits the vehicle condition data sent from the control unit 14 to the data server 2 through a communication means and receives the command signal for settling the abnormality in the vehicle transmitted from the data server 2) having an engine, a drive system (In paragraphs [0057] and [0066-0067], Kawai discloses that the on-vehicle unit 4 comprises a driver 9 receives the settling command signal from the on-vehicle phone 8 through the control unit 14, and drives a specific device on the vehicle 1 based on the settling command signal to settle the abnormality such as an ignition switch driver 29 that operates an ignition switch of the vehicle 1; in paragraph [0061], Kawai discloses that an on-vehicle sensor 7 includes an engine monitoring sensor 23), a plurality of sensors, including at least a first, second, and third sensor selected from at least one of:
(i) an engine sensor for an engine or motor (In paragraphs [0061] and [0064], Kawai discloses that an on-vehicle sensor 7 includes an engine monitoring sensor 23 that monitors the condition of the engine on the vehicle 1);
(ii) a drive system sensor (In paragraphs [0061] and [0064], Kawai discloses that an on-vehicle sensor 7 includes an engine monitoring sensor 23 that monitors the condition of the engine on the vehicle 1);
(iii) a position sensor (In paragraphs [0061] and [0064], Kawai discloses that an on-vehicle sensor 7 includes a navigation system 22 that detects the position of the vehicle 1);
(iv) an operational status sensor (In paragraph [0061], Kawai discloses that the on-vehicle sensor 7 has a window opening/closing sensor 15, a door opening/closing sensor 16, an internal temperature sensor 17, an internal humidity sensor 18, a light turning-on sensor 19, an internal monitoring camera 20, an external monitoring camera 21, a navigation system 22, an engine monitoring sensor 23, and a raindrop sensor 24);
(v) an accessory status sensor (In paragraph [0061], Kawai discloses that the on-vehicle sensor 7 has a window opening/closing sensor 15, a door opening/closing sensor 16, an internal temperature sensor 17, an internal humidity sensor 18, a light turning-on sensor 19, an internal monitoring camera 20, an external monitoring camera 21, a navigation system 22, an engine monitoring sensor 23, and a raindrop sensor 24);
the communication device comprising:
at least one controller for controlling the operation of at least one of the engine drive systems and accessory, the controller including a processor, and memory in communication with the processor (In paragraph [0057], Kawai discloses that the on-vehicle unit 4 comprises a control unit 14 and a driver 9, wherein the driver 9 receives the settling command signal from the on-vehicle phone 8 through the control unit 14, and drives a specific device on the vehicle 1 based on the settling command signal to settle the abnormality; the Examiner understands that the control unit must inherently include a processor and memory in communication with the processor in order to send, receive, and combine the data and signals as disclosed; see also paragraphs [0094-0095], Kawai discloses embodiments wherein the control unit 14 includes a storage section 31, and an abnormality determining section 32 and a setting section 33 to perform various determinations);
wherein the processor is configured to 1) receive data regarding the vehicle and send the received data regarding the vehicle to only the Cloud via only the phone transceiver (In paragraph [0057], Kawai discloses that the on-vehicle sensor 7 detects the condition of the vehicle 1, and outputs the results of the detection as the vehicle condition data, the control unit 14 sends the vehicle condition data output from the on-vehicle sensor 7 to the on-vehicle phone 8, and the on-vehicle phone 8 transmits the vehicle condition data sent from the control unit 14, to the data server 2 [cloud] through a communication means; see also figures 2 and 4 where the vehicle and on-vehicle unit are depicted as communicating only with the data server, or cloud, through the communication medium via only on-vehicle phone 8),
2) receive data for the vehicle from only the Cloud (In paragraph [0057], Kawai discloses that the on-vehicle phone 8 receives the command signal for settling the abnormality in the vehicle transmitted from the data server 2 [cloud]; see also figures 2 and 4 where the vehicle and on-vehicle unit are depicted as communicating only with the data server, or cloud, via the communication medium), and
3) control the vehicle according to the received data for the vehicle (In paragraph [0057], Kawai discloses that the driver 9 receives the settling command signal from the on-vehicle phone 8 through the control unit 14, and drives a specific device on the vehicle 1 based on the settling command signal to settle the abnormality); and
an application configured to operate on only a remote device of a user, the application allowing reception of data regarding the vehicle from only the Cloud and transmission of data regarding the vehicle to only the Cloud for transmission to the vehicle (In paragraph [0059], Kawai discloses that the cellular phone 6 [remote device] is carried by the user 3 of the vehicle 1, receives the abnormality informing signal sent from the server communicator 10 in the data server 2 [cloud] through the communication means, and informs the user of the abnormality in the vehicle 1, wherein the user 3 operates the cellular phone 6 to input the command for settling the abnormality in the vehicle 1, and then the cellular phone 6 transmits the settling command signal to the server communicator 10 in the data server 2 [cloud]; in paragraph [0057], Kawai discloses that the on-vehicle phone 8 receives the command signal for settling the abnormality in the vehicle transmitted from the data server 2 [cloud]; see also figures 2 and 4 where the user and cellular phone are depicted as communicating only with the data server, or cloud, via the communication medium; the Examiner understands that the software or programming on the cellular phone to perform the disclosed functions must at least constitute an “application” under its broadest reasonable interpretation);
wherein the processor is configured for transmitting use data to only the Cloud and, when maintenance is required, a notification is sent from the Cloud to the user (In paragraph [0057], Kawai discloses that the on-vehicle sensor 7 detects the condition of the vehicle 1, and outputs the results of the detection as the vehicle condition data, the control unit 14 sends the vehicle condition data output from the on-vehicle sensor 7 to the on-vehicle phone 8, and the on-vehicle phone 8 transmits the vehicle condition data sent from the control unit 14, to the data server 2 [cloud] through a communication means; see also figures 2 and 4 where the vehicle and on-vehicle unit are depicted as communicating only with the data server, or cloud, through the communication medium via only on-vehicle phone 8; in paragraph [0081], Kawai discloses that the server communicator 10 receives the abnormality informing signal which has been output from the abnormality determining section 12 and contains the information relating the abnormality in the vehicle, from the abnormality determining section 12, and sends the abnormality informing signal to the cellular phone 30 of the user 3 (step S11), wherein the information relating the abnormality in the vehicle includes, for example, the position of the vehicle).
Although in paragraphs [0050] and [0057], Kawai discloses that a vehicle 1 is equipped with an on-vehicle unit 4 which comprises an on-vehicle phone 8 that transmits the vehicle condition data sent from the control unit 14 to the data server 2 through a communication means and receives the command signal for settling the abnormality in the vehicle transmitted from the data server 2, Kawai does not explicitly disclose the communication device comprising:
a cellular transceiver in communication with the processor;
a cellular antenna connected to the cellular transceiver;
a GPS receiver in communication with the processor;
a GPS antenna connected to the GPS receiver;
a CAN Bus interface in communication with the processor and configured to allow connection to a CAN Bus of the vehicle;
an analog interface in communication with the processor and configured to connect to analog components of the vehicle;
wherein the processor is configured to receive data regarding the vehicle from the CAN Bus of the vehicle via the Can Bus interface and control the vehicle utilizing the CAN Bus of the vehicle,
wherein the phone transceiver is a cellular transceiver,
wherein the processor is configured for transmitting use data to only the Cloud where an algorithm calculates when maintenance of the vehicle is required and, when maintenance is required, a notification is sent from the Cloud to the user and a dealer.
However, Oesterling teaches the communication device comprising:
a cellular transceiver in communication with the processor (In paragraphs [0024] and [0027-0028], Oesterling teaches that the vehicle 10 is equipped with accessory module 16 that is coupled to an antenna system 20, wherein antenna system 20 may include multiple antennas to enable accessory module 16 to communicate with one or more remote computing devices and may include a cellular antenna 20 that is equipped to transmit and receive long distance data communications over wireless carrier system 11);
a cellular antenna connected to the cellular transceiver (In paragraphs [0024] and [0027-0028], Oesterling teaches that the vehicle 10 is equipped with accessory module 16 that is coupled to an antenna system 20, wherein antenna system 20 may include multiple antennas to enable accessory module 16 to communicate with one or more remote computing devices and may include a cellular antenna that is equipped to transmit and receive long distance data communications over wireless carrier system 11);
a GPS receiver in communication with the processor (In paragraphs [0024] and [0027-0028], Oesterling teaches that the vehicle 10 is equipped with accessory module 16 that is coupled to an antenna system 20, wherein antenna system 20 may include multiple antennas to enable accessory module 16 to communicate with one or more remote computing devices and may include an antenna that is equipped to receive GPS satellite signals and generating GPS coordinates based on those signals);
a GPS antenna connected to the GPS receiver (In paragraphs [0024] and [0027-0028], Oesterling teaches that the vehicle 10 is equipped with accessory module 16 that is coupled to an antenna system 20, wherein antenna system 20 may include multiple antennas to enable accessory module 16 to communicate with one or more remote computing devices and may include an antenna that is equipped to receive GPS satellite signals and generating GPS coordinates based on those signals);
a CAN Bus interface in communication with the processor and configured to allow connection to a CAN Bus of the vehicle (In paragraphs [0036] and [0039], Oesterling teaches that the CAN 19 is a vehicle bus standard that allows accessory module 16 [communication device] to be coupled to various vehicle system modules to monitor and govern various vehicle functionality of various electrical components located throughout the vehicle body);
wherein the processor is configured to receive data regarding the vehicle from the CAN Bus of the vehicle via the Can Bus interface and control the vehicle utilizing the CAN Bus of the vehicle (In paragraphs [0036] and [0039], Oesterling teaches that the CAN 19 is a vehicle bus standard that allows accessory module 16 [communication device] to be coupled to various vehicle system modules to monitor and govern various vehicle functionality of various electrical components located throughout the vehicle body; see also paragraph [0032] where Oesterling teaches where accessory module 16 includes a Cybersecurity Gateway Module 36 (CGM) that may have the capability to both read and write messages from the vehicle's CAN 19 as well as be able to stop messages from being written to CAN 19 when required),
wherein the phone transceiver is a cellular transceiver (In paragraphs [0024] and [0027-0028], Oesterling teaches that the vehicle 10 is equipped with accessory module 16 that is coupled to an antenna system 20, wherein antenna system 20 may include multiple antennas to enable accessory module 16 to communicate with one or more remote computing devices and may include a cellular antenna 20 that is equipped to transmit and receive long distance data communications over wireless carrier system 11).
Oesterling is considered to be analogous to the claimed invention in that they both pertain to transmitting data from a CAN bus of a vehicle via a communications device with cellular and GPS antennas. It would be obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to implement the teachings of Oesterling with the communication device as disclosed by Kawai, where the Examiner understands that the use of a CAN bus and antennas for communication means is well understood in the art and may be implemented without undue experimentation, with predictable results, and with a reasonable expectation of success. Implementing the teachings of Oesterling may be advantageous in that the compatibility of the device with the CAN bus standard, and cellular and GPS networks, may improve the usability of the device with pre-existing vehicles and infrastructure, for example. Additionally, implementing the Cybersecurity Gateway Module as suggested by Oesterling in paragraph [0032] to read and write to the CAN bus of the vehicle may advantageously increase security of the data transmissions, for example.
The combination of Kawai and Oesterling does not explicitly disclose an analog interface in communication with the processor and configured to connect to analog components of the vehicle,
wherein the processor is configured for transmitting use data to only the Cloud where an algorithm calculates when maintenance of the vehicle is required and, when maintenance is required, a notification is sent from the Cloud to the user and a dealer.
However, Welch teaches an analog interface in communication with the processor and configured to connect to analog components of the vehicle (In paragraphs [0061-0062], Welch teaches that a vehicle diagnostic system may include an analog interface 205 configured to interface the analog diagnostic data from the analog probe 203 with portions of the vehicle diagnostic system 101).
Welch is considered to be analogous to the claimed invention in that they both pertain to utilizing an analog interface to obtain data from analog components of a vehicle. It would be obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to implement the teachings of Welch with the communication device as disclosed by the combination of Kawai and Oesterling, where the Examiner understands that the use of an analog interface to obtain analog data at a processor is well understood in the art and may be implemented without undue experimentation, with predictable results, and with a reasonable expectation of success. Implementing the teachings of Welch may be advantageous in that “the analog interface 205 may digitize the analog diagnostic data for use within the vehicle diagnostic system 101” as suggested by Welch in paragraph [0062], where doing so may yield the advantage of increasing compatibility of the data with other digital components and data, for example.
The combination of Kawai, Oesterling, and Welch does not explicitly disclose wherein the processor is configured for transmitting use data to only the Cloud where an algorithm calculates when maintenance of the vehicle is required and, when maintenance is required, a notification is sent from the Cloud to the user and a dealer.
However, Nelson teaches wherein the processor is configured for transmitting use data to only the Cloud where an algorithm calculates when maintenance of the vehicle is required and, when maintenance is required, a notification is sent from the Cloud to the user and a dealer (In paragraph [0181], Nelson teaches that the diagnostic data can be transmitted from the vehicle to the device control server for relaying to (or directly to) the dealer or supplier server, and in response to vehicle computer codes related to vehicle-specific maintenance needs, messages can be sent to the User App to invite the user to arrange for vehicle service).
Nelson is considered to be analogous to the claimed invention in that they both pertain to collecting diagnostic data at an offboard server for a user and dealer to understand when maintenance is needed for a vehicle. It would be obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to implement the teachings of Nelson with the combination of Kawai, Oesterling, and Welch, where doing so may better apprise the relevant parties of vehicle maintenance, thereby increasing convenience and improving safety and accuracy of operation of the vehicle, for example.
Regarding claim 2, Kawai further discloses wherein:
(a) the processor is mounted on the vehicle, and the processor includes at least one input link and at least one output link and a communication link (In paragraphs [0057], Kawai discloses that the on-vehicle unit 4 comprises a control unit 14, wherein the on-vehicle sensor 7 detects the condition of the vehicle 1 and the results of the detection as the vehicle condition data are input to the control unit 14 and output from the control unit 14 to the vehicle condition data output from the on-vehicle sensor 7 to the on-vehicle phone 8, and wherein the settling command signal from the on-vehicle phone 8 is input to the control unit 14 and output from the control unit 14 to the driver 9, and drives a specific device on the vehicle 1 based on the settling command signal to settle the abnormality); and
(b) wherein the input link is capable of receiving data from each of the first, second, and third sensors, and communicating the received data to the processor, the cellular transceiver and Cloud, and the output link is capable of communicating data received from the Cloud to the controller for controlling the operation of at least one of the drive systems and engine (In paragraphs [0057], Kawai discloses that the on-vehicle unit 4 comprises a control unit 14, wherein the on-vehicle sensor 7 detects the condition of the vehicle 1 and the results of the detection as the vehicle condition data are input to the control unit 14 and output from the control unit 14 to the vehicle condition data output from the on-vehicle sensor 7 to the on-vehicle phone 8, and wherein the settling command signal from the on-vehicle phone 8 is input to the control unit 14 and output from the control unit 14 to the driver 9, and drives a specific device on the vehicle 1 based on the settling command signal to settle the abnormality).
Regarding claim 7, Kawai discloses a communication device for use with a means of conveyance (In paragraphs [0050] and [0057], Kawai discloses that a vehicle 1 is equipped with an on-vehicle unit 4 which comprises an on-vehicle phone 8 that transmits the vehicle condition data sent from the control unit 14 to the data server 2 through a communication means and receives the command signal for settling the abnormality in the vehicle transmitted from the data server 2) having an engine or motor, a drive system (In paragraphs [0057] and [0066-0067], Kawai discloses that the on-vehicle unit 4 comprises a driver 9 receives the settling command signal from the on-vehicle phone 8 through the control unit 14, and drives a specific device on the vehicle 1 based on the settling command signal to settle the abnormality such as an ignition switch driver 29 that operates an ignition switch of the vehicle 1; in paragraph [0061], Kawai discloses that an on-vehicle sensor 7 includes an engine monitoring sensor 23), a plurality of sensors, including at least a first, second, and third sensor selected from at least one of:
(i) an engine sensor for the engine or motor (In paragraphs [0061] and [0064], Kawai discloses that an on-vehicle sensor 7 includes an engine monitoring sensor 23 that monitors the condition of the engine on the vehicle 1);
(ii) a drive system sensor (In paragraphs [0061] and [0064], Kawai discloses that an on-vehicle sensor 7 includes an engine monitoring sensor 23 that monitors the condition of the engine on the vehicle 1);
(iii) a position sensor (In paragraphs [0061] and [0064], Kawai discloses that an on-vehicle sensor 7 includes a navigation system 22 that detects the position of the vehicle 1);
(iv) an operational status sensor (In paragraph [0061], Kawai discloses that the on-vehicle sensor 7 has a window opening/closing sensor 15, a door opening/closing sensor 16, an internal temperature sensor 17, an internal humidity sensor 18, a light turning-on sensor 19, an internal monitoring camera 20, an external monitoring camera 21, a navigation system 22, an engine monitoring sensor 23, and a raindrop sensor 24);
(v) an accessory status sensor (In paragraph [0061], Kawai discloses that the on-vehicle sensor 7 has a window opening/closing sensor 15, a door opening/closing sensor 16, an internal temperature sensor 17, an internal humidity sensor 18, a light turning-on sensor 19, an internal monitoring camera 20, an external monitoring camera 21, a navigation system 22, an engine monitoring sensor 23, and a raindrop sensor 24);
the communication device comprising:
at least one controller for controlling the operation of at least one of the engine drive systems and accessory, the controller including a processor, and memory in communication with the processor (In paragraph [0057], Kawai discloses that the on-vehicle unit 4 comprises a control unit 14 and a driver 9, wherein the driver 9 receives the settling command signal from the on-vehicle phone 8 through the control unit 14, and drives a specific device on the vehicle 1 based on the settling command signal to settle the abnormality; the Examiner understands that the control unit must inherently include a processor and memory in communication with the processor in order to send, receive, and combine the data and signals as disclosed; see also paragraphs [0094-0095], Kawai discloses embodiments wherein the control unit 14 includes a storage section 31, and an abnormality determining section 32 and a setting section 33 to perform various determinations);
the processor having programming configured to
1) receive data regarding aspects of the means of conveyance from the sensors (In paragraph [0057], Kawai discloses that the on-vehicle sensor 7 detects the condition of the vehicle 1, and outputs the results of the detection as the vehicle condition data, the control unit 14 sends the vehicle condition data output from the on-vehicle sensor 7 to the on-vehicle phone 8, and the on-vehicle phone 8 transmits the vehicle condition data sent from the control unit 14, to the data server 2 through a communication means),
2) send the received data regarding aspects of the means of conveyance to only the Cloud via the phone transceiver (In paragraph [0057], Kawai discloses that the on-vehicle sensor 7 detects the condition of the vehicle 1, and outputs the results of the detection as the vehicle condition data, the control unit 14 sends the vehicle condition data output from the on-vehicle sensor 7 to the on-vehicle phone 8, and the on-vehicle phone 8 transmits the vehicle condition data sent from the control unit 14, to the data server 2 [cloud] through a communication means; see also figures 2 and 4 where the vehicle and on-vehicle unit are depicted as communicating only with the data server, or cloud, via the communication medium),
3) receive data for the means of conveyance from only the Cloud (In paragraph [0057], Kawai discloses that the on-vehicle phone 8 receives the command signal for settling the abnormality in the vehicle transmitted from the data server 2 [cloud]; see also figures 2 and 4 where the vehicle and on-vehicle unit are depicted as communicating only with the data server, or cloud, via the communication medium),
4) control aspects of the means of conveyance according to the received data for the means of conveyance from only the Cloud utilizing the phone transceiver of the means of conveyance (In paragraph [0057], Kawai discloses that the driver 9 receives the settling command signal from the on-vehicle phone 8 through the control unit 14, and drives a specific device on the vehicle 1 based on the settling command signal to settle the abnormality),
5) send data regarding aspects of the means of conveyance to a remote device of a user via only the Cloud (In paragraph [0059], Kawai discloses that the cellular phone 6 [remote device] is carried by the user 3 of the vehicle 1, receives the abnormality informing signal sent from the server communicator 10 in the data server 2 [cloud] through the communication means, and informs the user of the abnormality in the vehicle 1, wherein the user 3 operates the cellular phone 6 to input the command for settling the abnormality in the vehicle 1, and then the cellular phone 6 transmits the settling command signal to the server communicator 10 in the data server 2 [cloud]), and
6) receive data regarding aspects of the means of conveyance from only the Cloud through data received by the Cloud from the remote device of a user (In paragraph [0059], Kawai discloses that the cellular phone 6 [remote device] is carried by the user 3 of the vehicle 1, receives the abnormality informing signal sent from the server communicator 10 in the data server 2 [cloud] through the communication means, and informs the user of the abnormality in the vehicle 1, wherein the user 3 operates the cellular phone 6 to input the command for settling the abnormality in the vehicle 1, and then the cellular phone 6 transmits the settling command signal to the server communicator 10 in the data server 2 [cloud]; in paragraph [0057], Kawai discloses that the on-vehicle phone 8 receives the command signal for settling the abnormality in the vehicle transmitted from the data server 2 [cloud]),
wherein the processor is configured for transmitting use data to only the Cloud and, when maintenance is required, a notification is sent from the Cloud to the user (In paragraph [0057], Kawai discloses that the on-vehicle sensor 7 detects the condition of the vehicle 1, and outputs the results of the detection as the vehicle condition data, the control unit 14 sends the vehicle condition data output from the on-vehicle sensor 7 to the on-vehicle phone 8, and the on-vehicle phone 8 transmits the vehicle condition data sent from the control unit 14, to the data server 2 [cloud] through a communication means; see also figures 2 and 4 where the vehicle and on-vehicle unit are depicted as communicating only with the data server, or cloud, through the communication medium via only on-vehicle phone 8; in paragraph [0081], Kawai discloses that the server communicator 10 receives the abnormality informing signal which has been output from the abnormality determining section 12 and contains the information relating the abnormality in the vehicle, from the abnormality determining section 12, and sends the abnormality informing signal to the cellular phone 30 of the user 3 (step S11), wherein the information relating the abnormality in the vehicle includes, for example, the position of the vehicle).
Although in paragraphs [0050] and [0057], Kawai discloses that a vehicle 1 is equipped with an on-vehicle unit 4 which comprises an on-vehicle phone 8 that transmits the vehicle condition data sent from the control unit 14 to the data server 2 through a communication means and receives the command signal for settling the abnormality in the vehicle transmitted from the data server 2, Kawai does not explicitly disclose the communication device comprising:
a cellular transceiver in communication with the processor;
a cellular antenna connected to the cellular transceiver;
a GPS receiver in communication with the processor;
a GPS antenna connected to the GPS receiver; and
an analog interface in communication with the processor and configured to connect to analog components of the means of conveyance,
wherein the phone transceiver is a cellular transceiver,
wherein the processor is configured for transmitting use data to only the Cloud where an algorithm calculates when maintenance of the means of conveyance is required and, when maintenance is required, a notification is sent from the Cloud to the user and a dealer.
However, Oesterling teaches the communication device comprising:
a cellular transceiver in communication with the processor (In paragraphs [0024] and [0027-0028], Oesterling teaches that the vehicle 10 is equipped with accessory module 16 that is coupled to an antenna system 20, wherein antenna system 20 may include multiple antennas to enable accessory module 16 to communicate with one or more remote computing devices and may include a cellular antenna 20 that is equipped to transmit and receive long distance data communications over wireless carrier system 11);
a cellular antenna connected to the cellular transceiver (In paragraphs [0024] and [0027-0028], Oesterling teaches that the vehicle 10 is equipped with accessory module 16 that is coupled to an antenna system 20, wherein antenna system 20 may include multiple antennas to enable accessory module 16 to communicate with one or more remote computing devices and may include a cellular antenna that is equipped to transmit and receive long distance data communications over wireless carrier system 11);
a GPS receiver in communication with the processor (In paragraphs [0024] and [0027-0028], Oesterling teaches that the vehicle 10 is equipped with accessory module 16 that is coupled to an antenna system 20, wherein antenna system 20 may include multiple antennas to enable accessory module 16 to communicate with one or more remote computing devices and may include an antenna that is equipped to receive GPS satellite signals and generating GPS coordinates based on those signals); and
a GPS antenna connected to the GPS receiver (In paragraphs [0024] and [0027-0028], Oesterling teaches that the vehicle 10 is equipped with accessory module 16 that is coupled to an antenna system 20, wherein antenna system 20 may include multiple antennas to enable accessory module 16 to communicate with one or more remote computing devices and may include an antenna that is equipped to receive GPS satellite signals and generating GPS coordinates based on those signals),
wherein the phone transceiver is a cellular transceiver (In paragraphs [0024] and [0027-0028], Oesterling teaches that the vehicle 10 is equipped with accessory module 16 that is coupled to an antenna system 20, wherein antenna system 20 may include multiple antennas to enable accessory module 16 to communicate with one or more remote computing devices and may include a cellular antenna 20 that is equipped to transmit and receive long distance data communications over wireless carrier system 11).
Oesterling is considered to be analogous to the claimed invention in that they both pertain to and from a vehicle via a communications device with cellular and GPS antennas. It would be obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to implement the teachings of Oesterling with the communication device as disclosed by Kawai, where the Examiner understands that the use of a antennas for communication means is well understood in the art and may be implemented without undue experimentation, with predictable results, and with a reasonable expectation of success. Implementing the teachings of Oesterling may be advantageous in that the compatibility of the device with cellular and GPS networks may improve the usability of the device with pre-existing vehicles and infrastructure, for example.
The combination of Kawai and Oesterling does not explicitly disclose an analog interface in communication with the processor and configured to connect to analog components of the means of conveyance,
wherein the processor is configured for transmitting use data to only the Cloud where an algorithm calculates when maintenance of the means of conveyance is required and, when maintenance is required, a notification is sent from the Cloud to the user and a dealer.
However, Welch teaches an analog interface in communication with the processor and configured to connect to analog components of the means of conveyance (In paragraphs [0061-0062], Welch teaches that a vehicle diagnostic system may include an analog interface 205 configured to interface the analog diagnostic data from the analog probe 203 with portions of the vehicle diagnostic system 101).
Welch is considered to be analogous to the claimed invention in that they both pertain to utilizing an analog interface to obtain data from analog components of a vehicle. It would be obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to implement the teachings of Welch with the communication device as disclosed by the combination of Kawai and Oesterling, where the Examiner understands that the use of an analog interface to obtain analog data at a processor is well understood in the art and may be implemented without undue experimentation, with predictable results, and with a reasonable expectation of success. Implementing the teachings of Welch may be advantageous in that “the analog interface 205 may digitize the analog diagnostic data for use within the vehicle diagnostic system 101” as suggested by Welch in paragraph [0062], where doing so may yield the advantage of increasing compatibility of the data with other digital components and data, for example.
The combination of Kawai, Oesterling, and Welch does not explicitly disclose wherein the processor is configured for transmitting use data to only the Cloud where an algorithm calculates when maintenance of the means of conveyance is required and, when maintenance is required, a notification is sent from the Cloud to the user and a dealer.
However, Nelson teaches wherein the processor is configured for transmitting use data to only the Cloud where an algorithm calculates when maintenance of the means of conveyance is required and, when maintenance is required, a notification is sent from the Cloud to the user and a dealer (In paragraph [0181], Nelson teaches that the diagnostic data can be transmitted from the vehicle to the device control server for relaying to (or directly to) the dealer or supplier server, and in response to vehicle computer codes related to vehicle-specific maintenance needs, messages can be sent to the User App to invite the user to arrange for vehicle service).
Nelson is considered to be analogous to the claimed invention in that they both pertain to collecting diagnostic data at an offboard server for a user and dealer to understand when maintenance is needed for a vehicle. It would be obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to implement the teachings of Nelson with the combination of Kawai, Oesterling, and Welch, where doing so may better apprise the relevant parties of vehicle maintenance, thereby increasing convenience and improving safety and accuracy of operation of the vehicle, for example.
Regarding claim 8, Kawai further discloses wherein the means of conveyance comprises one of a vehicle and a watercraft (In paragraph [0050], Kawai discloses that a vehicle 1 is equipped with an on-vehicle unit 4 for detecting the condition of the vehicle 1).
Regarding claim 14, Kawai further discloses wherein the means for conveyance comprises at least one of a car, recreational vehicle, and robot (In paragraph [0050], Kawai discloses that a vehicle 1 is equipped with an on-vehicle unit 4 for detecting the condition of the vehicle 1); see also fig. 1 where the vehicle 1 is depicted as a car; the Examiner understands that the vehicle as disclosed constitutes at least a “recreational vehicle” and “robot” under their broadest reasonable interpretation).
Regarding claim 15, Kawai further discloses wherein the processor is configured to receive data regarding the means for conveyance and send the received data regarding the means for conveyance to only the Cloud via the cellular transceiver (In paragraph [0057], Kawai discloses that the on-vehicle sensor 7 detects the condition of the vehicle 1, and outputs the results of the detection as the vehicle condition data, the control unit 14 sends the vehicle condition data output from the on-vehicle sensor 7 to the on-vehicle phone 8, and the on-vehicle phone 8 transmits the vehicle condition data sent from the control unit 14, to the data server 2 [cloud] through a communication means; see also figures 2 and 4 where the vehicle and on-vehicle unit are depicted as communicating only with the data server, or cloud, via the communication medium).
Oesterling further teaches a CAN Bus interface in communication with the processor and configured to allow connection to a CAN Bus of the means for conveyance (In paragraphs [0036] and [0039], Oesterling teaches that the CAN 19 is a vehicle bus standard that allows accessory module 16 [communication device] to be coupled to various vehicle system modules to monitor and govern various vehicle functionality of various electrical components located throughout the vehicle body); and
wherein the processor is configured to receive data regarding the means for conveyance from the CAN Bus of the means for conveyance via the Can Bus interface (In paragraphs [0036] and [0039], Oesterling teaches that the CAN 19 is a vehicle bus standard that allows accessory module 16 [communication device] to be coupled to various vehicle system modules to monitor and govern various vehicle functionality of various electrical components located throughout the vehicle body; see also paragraph [0032] where Oesterling teaches where accessory module 16 includes a Cybersecurity Gateway Module 36 (CGM) that may have the capability to both read and write messages from the vehicle's CAN 19 as well as be able to stop messages from being written to CAN 19 when required).
Claims 4-5 and 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Kawai (US 2001/0020893 A1), Oesterling (US 2019/0092280 A1), Welch (US 2006/0047380 A1), and Nelson (US 2019/0258494 A1), in view of San Miguel (US 2020/0258324 A1).
Regarding claim 4, the combination of Kawai, Oesterling, Welch, and Nelson does not explicitly disclose wherein the communication device further comprises an IMU in communication with the processor.
However, San Miguel teaches wherein the communication device further comprises an IMU in communication with the processor (In paragraphs [0035] and [0040], San Miguel teaches that vehicle information transmitter may be configured to collect and log data associated with the vehicle, and transmit the data to a data server, wherein the vehicle information transmitter may include an IMU 204 is configured to measure linear and rotational forces, and linear and rotational accelerations acting on vehicle information transmitter 200).
San Miguel is considered to be analogous to the claimed invention in that they both pertain to including an IMU on a communication device for transmitting vehicle information. It would be obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to implement an IMU as taught by San Miguel with the communication device as disclosed by the combination of Kawai, Oesterling, Welch, and Nelson, where Kawai already discloses that “the navigation system 22, which is one of the on-vehicle sensors 7, detects the position of the vehicle 1” in paragraph [0070], and where further use of an IMU as taught by San Miguel to obtain rotational forces and accelerations can advantageously increase the contextual accuracy of the obtained positional information to include, for example, rotational information of the vehicle.
Regarding claim 5, the combination of Kawai, Oesterling, Welch, Nelson, and San Miguel further discloses wherein the remote device of a user comprises a smart phone (In paragraph [0125], Kawai discloses that the cellular phone may be another portable communicator such as a portable computer; In paragraph [0021], Oesterling teaches that the mobile computing device 12 may be embodied as a smart phone).
Regarding claim 10, the combination of Kawai, Oesterling, Welch, and Nelson does not explicitly disclose an IMU in communication with the processor.
However, San Miguel teaches an IMU in communication with the processor (In paragraphs [0035] and [0040], San Miguel teaches that vehicle information transmitter may be configured to collect and log data associated with the vehicle, and transmit the data to a data server, wherein the vehicle information transmitter may include an IMU 204 is configured to measure linear and rotational forces, and linear and rotational accelerations acting on vehicle information transmitter 200).
San Miguel is considered to be analogous to the claimed invention in that they both pertain to including an IMU on a communication device for transmitting vehicle information. It would be obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to implement an IMU as taught by San Miguel with the communication device as disclosed by the combination of Kawai, Oesterling, Welch, and Nelson, where Kawai already discloses that “the navigation system 22, which is one of the on-vehicle sensors 7, detects the position of the vehicle 1” in paragraph [0070], and where further use of an IMU as taught by San Miguel to obtain rotational forces and accelerations can advantageously increase the contextual accuracy of the obtained positional information to include, for example, rotational information of the vehicle.
Regarding claim 11, the combination of Kawai, Oesterling, Welch, Nelson, and San Miguel further discloses wherein the remote device of a user comprises a smart phone (In paragraph [0125], Kawai discloses that the cellular phone may be another portable communicator such as a portable computer; In paragraph [0021], Oesterling teaches that the mobile computing device 12 may be embodied as a smart phone).
Claims 6 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Kawai (US 2001/0020893 A1), Oesterling (US 2019/0092280 A1), Welch (US 2006/0047380 A1), Nelson (US 2019/0258494 A1), and San Miguel (US 2020/0258324 A1), in view of Oshima (US 2016/0148450 A1).
Regarding claim 6, the combination of Kawai, Oesterling, Welch, Nelson, and San Miguel does not explicitly disclose wherein the communication device further comprises a near-field communication module in communication with the processor.
However, Oshima teaches wherein the communication device further comprises a near-field communication module in communication with the processor (In paragraphs [0029] and [0032], Oshima teaches that a vehicle-mounted system 100 includes a near field communication unit configured to communicate wirelessly with the smartphone 40 within a communication range of tens to hundreds of meters in compliance with a near field communication standard).
Oshima is considered to be analogous to the claimed invention in that they both pertain to the utilization of near-field communication to connect with a vehicle system. It would be obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to implement the teachings of Oshima with the communication device as disclosed by the combination of Kawai, Oesterling, Welch, Nelson, and San Miguel, where the Examiner understands that the use of near-field communication is well understood in the art and may be implemented without undue experimentation, with predictable results, and with a reasonable expectation of success. Utilizing near-field communication as taught by Oshima in addition to the communication means as disclosed by the combination of Kawai, Oesterling, Welch, Nelson, and San Miguel may be advantageous in providing communication redundancies in case other means of communication cannot be established for example, increasing the usability of the communication in device in more circumstances.
Regarding claim 12, the combination of Kawai, Oesterling, Welch, Nelson, and San Miguel does not explicitly disclose a near-field communication module in communication with the processor.
However, Oshima teaches a near-field communication module in communication with the processor (In paragraphs [0029] and [0032], Oshima teaches that a vehicle-mounted system 100 includes a near field communication unit configured to communicate wirelessly with the smartphone 40 within a communication range of tens to hundreds of meters in compliance with a near field communication standard).
Oshima is considered to be analogous to the claimed invention in that they both pertain to the utilization of near-field communication to connect with a vehicle system. It would be obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to implement the teachings of Oshima with the communication device as disclosed by the combination of Kawai, Oesterling, Welch, Nelson, and San Miguel, where the Examiner understands that the use of near-field communication is well understood in the art and may be implemented without undue experimentation, with predictable results, and with a reasonable expectation of success. Utilizing near-field communication as taught by Oshima in addition to the communication means as disclosed by the combination of Kawai, Oesterling, Welch, Nelson, and San Miguel may be advantageous in providing communication redundancies in case other means of communication cannot be established for example, increasing the usability of the communication in device in more circumstances.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Kawai (US 2001/0020893 A1), Oesterling (US 2019/0092280 A1), Welch (US 2006/0047380 A1), and Nelson (US 2019/0258494 A1), in view of David (US 2020/0174778 A1).
Regarding claim 13, the combination of Kawai, Oesterling, Welch, and Nelson does not explicit