RESPONSE TO AMENDMENT
This communication is responsive to the amendment filed 11-December-2025 with respect to application 18/104,425 filed 1-February-2023.
Applicant has amended claims 1, 6-10, 13, 19 and 20, cancelled claims 3, 23 and 25 and has added new claims 26-28.
Claims 1, 2, 4-11, 13-16, 19, 22, 24 and 26-28 are currently pending.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC §103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 13-16, 19 and 28 are rejected under 35 USC §103 as unpatentable over Zishaan (United States Patent Application Publication # US 2014/0051082 A2) in view of Oesterling et al. (United States Patent Application Publication # US 2019/0168711 A1), hereinafter Oesterling, and Chadha, et al. (United States Patent Application Publication # US 2021/0033586 A1), hereinafter Chadha.
Consider claim 13: A non-transitory computer-readable storage medium encoding computer executable instructions that, when executed by a processing unit, Zishaan discloses an electronic communication unit such as a mobile phone comprising a processor for operating the unit, and an ambient air quality monitoring sensor, wherein the processor is configured (programmed) for one or more modes (methods) of operation, and wherein the program may be stored in memory [Title; Abstract; Fig. 1-2; Para. 0003, 0156-0158, 0170], perform operations comprising:
receiving air monitoring data produced by an air monitoring device using a laser-scattering sensor for air in an area of a vehicle monitored by the air monitoring device during a time period associated with a reservation of the vehicle by a client account via a vehicle access platform, in which the air monitoring data includes timestamped, size-binned particulate counts per unit volume; wherein, when powered “ON” the device periodically obtains a detected level of a pollutant (exemplary CO or smoke) [Fig. 1-2; Para. 0148, 0151, 0188, 0345, 0469], and wherein the air monitoring device may be incorporated into a vehicle, including in passenger and/or cargo areas [Para. 0347, 0470, 0472];
processing the air monitoring data to generate one or more air insights associated with the air in the area of the vehicle monitored during the time period; wherein, based on a plurality of factors, an exposure level may be determined [Fig. 1-2; Para. 0171, 0174, 0188];
generating air insight content based on the one or more air insights, the air insight content including the one or more air insights associated with the air in the area of the vehicle monitored during the time period; the operational steps may include determining one or more personal profiles relating to pollutant sensitivity [Fig. 1-2]; Para. 0171-0172, 0183-0187, 0213-0218]; and
controlling, based on the air insight content, access of the client account to the vehicle access platform; and wherein, based on the personal profile information and accumulate exposure the display may be configured to display various information, including: current exposure level, an alert/alarm, time to maximum exposure/maximum exposure exceeded and/or a symptom harm profile [Fig. 1-2; Para. 0171, 0195, 0207-0212].
Zishaan discloses that, in embodiments, an air monitoring system and device may be integrated into areas of a vehicle, but does not specifically disclose use during a time period reserved for use by a consumer, or the controlling of client account access to the vehicle access platform based on a monitoring insight. These were known in analogous prior art however, and for example:
Oesterling discloses an in-vehicle smoke detection and reporting system and method for car sharing and ride sharing vehicles [Title; Abstract; Fig. 1-2; Para. 0006, 0011-0013] and specifically: (a) that the monitoring system is configured to operate during a time period when a vehicle is being used in a car share or ride share capacity [Para. 0006] and associates various information, including time-stamps, location and occupant identification in association with a detected smoking event, and may provide an alert to one or more of a smoking occupant, driver, responsible customer, and service provider [Para. 0030, 0035-0036], and (b) that various vehicle functions and operations may be modified or inhibited based on the smoking event, up to and including vehicle movement, and/or causing the vehicle to autonomously drive to a fleet office [Para. 0051, 0069-0071], and provides for other sanctions, including charging of additional fees to the customer account, and preventing the customer from reserving vehicles in the future [Para. 0033, 0074-0075].
Zishaan also does not disclose the specific use of a laser-scattering sensor for measuring particular concentrations, and wherein Zishaan discloses time-stamped measurements [Para. 0479, Claim 29], data that includes size-binned particular counts per unit volume is not disclosed. These are also known in analogous prior art, and for example:
Chadha discloses a wireless exposure monitor to monitor noise, including embodiments which also monitor air quality [Title; Abstract; Fig. 1, 4, 7-8; Para. 0002-0005, 0021] and particularly that: (a) a laser sensor for particulate measurements [Fig. 5; Para. 0138-139] and (b) counts of particles categorized into bins according to size, and wherein data may include absolute counts, concentration, and/or aggregate mass [Fig. 5, 7; Para. 0140, 0169, 0181-0182, 0190].
Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing for the invention for a ride-share or rental vehicle monitoring system and method, which logs occupant information, vehicle information, location and time-stamps in association with any air pollution events, and based on a detected event, may provide alerts to responsible parties, automatically control and/or limit vehicle operation, and levy additional user fees and/or prevent future reservations, as taught by Oesterling, and wherein a light scattering laser sensor is used to measure particulate matter, wherein particulate counts are accumulated according to size “bins” to determine concentrations, volumes and counts of various particular components as taught by Chadha, employ an air monitoring unit, application and method as taught by Zishaan, in order to assess a particular nature, concentration, volume and level of a detected event, in order to provide alerts to responsible parties and thereby protect current and future occupants from pollution effects, and to mitigate present pollution effects and prevent willful pollution (such as caused by smoking).
Consider claim 14 and as applied to claim 13: The non-transitory computer-readable storage medium of claim 13, where in the processing of the air monitoring data further comprises generating, based on the air monitoring data, an air quality measurement for the air as an air insight. Zishaan discloses a portable device an application for monitoring one or more pollutant exposure by an associated (proximate) user, thus within the area of the user, and aggregated over a time period [Fig. 1-4; Para. 0188, 0221-0224].
Consider claim 15 and as applied to claim 14: The non-transitory computer-readable storage medium of claim 14, wherein the processing of the air monitoring data further comprises:
determining a threshold air quality measurement representing an air quality measurement for non-polluted air; Zishaan discloses the determination of one or more threshold exposure levels based on user type or category [Fig. 1-2; Para. 0174-0178
determining that the air quality measurement for the air exceeds the threshold air quality measurement; wherein Zishaan discloses that an accumulation of exposure over a time period based on the aggregation of a series of periodic logged measurements over time exceeds a healthy threshold [Fig. 1-4; Para. 0221-0227]; and
generating, based on the determining, an air insight conveying a polluted air quality; wherein based on the measured levels exceeding a particular threshold, a timer may be initiated, forming a countdown to a predicted hazardous exposure time, and particularly initiating alarm processes and displaying exposure level [Fig. 1-4; Para. 0174; 0195, 0224-0228]
Consider claim 16 and as applied to claim 15: The non-transitory computer-readable storage medium of claim 15, wherein the processing of the air monitoring data further comprises:
detecting the air insight conveying the polluted air quality; Zishaan discloses the measuring and logging of a pollutant over time (exemplary CO), and including an accumulated exposure level and accumulated effect on the user, based on the periodic series of measurements [Fig. 1-3; Para. 0174-0182; 0188, 0221-0227]; and
controlling, based on the detecting, access by a user account of an air monitoring platform to the air monitoring platform.
Zishaan further discloses that based on a pollutant level exceeding a threshold, an alarm, and related information may be uploaded to a dedicated web page or e-mail account for subsequent retrieval and analysis [Para. 0235-0236].
Zishaan does not explicitly disclose this to be a user account associated with the monitoring platform, but this would have been obvious to an artisan, and wherein:
Oesterling discloses that the monitoring system is configured to operate in a vehicle operating in a car share or ride share capacity [Para. 0006] and which associates various information, including time-stamps, location and occupant identification in association with a detected smoking event, and may provide an alert to one or more of a smoking occupant, driver, responsible customer, and service provider [Para. 0030, 0035-0036], wherein various vehicle functions and operations may be modified or inhibited based on the smoking event, and provides for other sanctions, including charging of additional fees to the customer account, and preventing the customer from reserving vehicles in the future [Para. 0033, 0074-0075].
Consider claim 19: An air monitoring system, Zishaan discloses an electronic communication unit such as a mobile phone configured (programmed) to measure monitor, display and provided warnings and information about one or more detected pollutants,, [Title; Abstract; Fig. 1-2; Para. 0003, 0156-0158], comprising:
an air insight engine implemented at least partially by hardware, the unit comprising a processor (4) for operating the unit, a display (18), and an ambient air quality monitoring sensor (3), wherein the processor is configured to measure monitor, display and provided warnings and information about one or more detected pollutants, [Title; Abstract; Fig. 1-2; Para. 0003, 0156-0158], to:
receive air monitoring data produced by an air monitoring device, the air monitoring data for air in an area monitored by the air monitoring device; wherein, when powered “ON” the device periodically obtains a detected level of a pollutant (exemplary CO or smoke) [Fig. 1-2; Para. 0148, 0151, 0188, 0345, 0469], and wherein the air monitoring device may be incorporated into a vehicle, including in passenger and/or cargo areas [Para. 0347, 0470, 0472];
process the air monitoring data to generate one or more air insights associated with the air in the area monitored by the air monitoring device; wherein, based on a plurality of factors, an exposure level may be determined [Fig. 1-2; Para. 0171, 0174, 0188]; and
detect a pollution event based on the one or more air insights; [Fig. 1-2; Para. 0171, 0174, 0188]; and
an access controller implemented at least partially by the hardware to control, responsive to the detecting of the pollution event, access to a vehicle access platform.
Zishaan discloses that, in embodiments, an air monitoring system and device may be integrated into areas of a vehicle, but does not specifically disclose use of a vehicle access platform. This is known in analogous prior art however, and for example:
Oesterling discloses an in-vehicle smoke detection and reporting system and method for car sharing and ride sharing vehicles [Title; Abstract; Fig. 1-2; Para. 0006, 0011-0013] wherein the monitoring system is configured to operate during a time period when a vehicle is being used in a car share or ride share capacity to detect, in part, a smoking event, and associates various information, including time-stamps, location and occupant identification in association with the detected smoking event. In response to the detected event, the system may provide an alert to one or more of a smoking occupant, driver, responsible customer, and service provider [Para. 0030, 0035-0036], modify or inhibit various vehicle functions and operations, up to, and including vehicle movement, and/or causing the vehicle to autonomously drive to a fleet office [Para. 0051, 0069-0071], This system provides for other sanctions, including charging of additional fees to the customer account, and preventing the customer from reserving vehicles in the future (vehicle access platform) [Para. 0033, 0074-0075].
Zishaan also does not disclose the specific use of a laser-scattering sensor for measuring particular concentrations, and wherein Zishaan discloses time-stamped measurements [Para. 0479, Claim 29], data that includes size-binned particular counts per unit volume is not disclosed. These are also known in analogous prior art, and for example:
Chadha discloses a wireless exposure monitor to monitor noise, including embodiments which also monitor air quality [Title; Abstract; Fig. 1, 4, 7-8; Para. 0002-0005, 0021] and particularly that: (a) a laser sensor for particulate measurements [Fig. 5; Para. 0138-139] and (b) counts of particles categorized into bins according to size, and wherein data may include absolute counts, concentration, and/or aggregate mass [Fig. 5, 7; Para. 0140, 0169, 0181-0182, 0190].
Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing for the invention for a ride-share or rental vehicle monitoring system and method, which logs occupant information, vehicle information, location and time-stamps in association with any air pollution events, and based on a detected event, may provide alerts to responsible parties, automatically control and/or limit vehicle operation, and levy additional user fees and/or prevent future reservations, as taught by Oesterling, and wherein a light scattering laser sensor is used to measure particulate matter, wherein particulate counts are accumulated according to size “bins” to determine concentrations, volumes and counts of various particular components as taught by Chadha, employ an air monitoring unit, application and method as taught by Zishaan, in order to assess a particular nature, concentration, volume and level of a detected event, in order to provide alerts to responsible parties and thereby protect current and future occupants from pollution effects, and to mitigate present pollution effects and prevent willful pollution (such as caused by smoking).
Consider claim 28 and as applied to claim 13: The non-transitory computer-readable storage medium of 28. claim 13, wherein the air insight content includes one or more visual elements representing the one or more air insights included in the air insight content.
Zishaan and Oesterling both disclose a display (visual element) on with a warning may be presented with respect to air measurement insights [Zishaan: Fig. 1, 3; Para. 0265, 0282-0283; claim 13; Oesterling: Para. 0015, 0054; Claim 17].
Chadha similarly discloses a dashboard display, but also discloses use of a map (visual element) to graphically illustrate the level, location and extent of detected particulate detection [Fig. 12-13; Para. 0262-0267].
Allowable Subject Matter
Claims determined to contain allowable subject matter are as follows:
Claims 1, 2 and 4-11 are allowed.
Objection is made to claims 22, 26 and 27 as dependent upon a rejected base claim, but each would be allowable if rewritten in independent form, including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant’s arguments filed on 11-December-2025 have been carefully and fully considered by the Examiner, and responses are provided as follow:
Consider Applicant’s remarks with respect to rejection of claims 1, 2, and 4-11 under 35 USC §103 over Zishaan (US 2014/0051082 A2), Adams (US 2020/0175783 A1), and Katz (US 2024/0096204 A1) [Remarks: page 12-14]:
Regarding independent claim 1 [page 12-13]: This claim has been amended to incorporate the subject matter of claim 25, previously indicated to be allowable. The rejection is therefore, withdrawn, and the claim allowed.
Regarding claims 2, 4-11, 24 and 25 [page 14]: These claims are allowed, at least because each depends from claim 1, an allowed claim.
Consider Applicant’s remarks with respect to rejection of claims 13-16 and 23 under 35 USC §103 over Zishaan (US 2014/0051082 A2) and Oesterling (US 2019/0168711 A1) [Remarks: page 12-14]:
Regarding independent claim 13 [page 13-14]: This claim has been amended to incorporate the subject matter of claim 25, and an argument is made that the amended limitations are not taught by the applied references. This argument has been considered, but is rendered moot by a new rejection of the claim under 35 USC §103 over Zishaan, Oesterling and Chadha (US 2021/0033586 A1) where Chadha teaches the amended limitations.
Regarding claims 14-16 [page 14]: No specific or additional arguments are made with respect to these claims, and allowability asserted based on the alleged allowability of claim 13 from which they depend. These claims are now also rejected under 35 USC §103 over Zishaan, Oesterling and Chadha, based on the new rejection of the base claim, and on the particular citations and analysis presented for each in this Office action.
Regarding claim 23: Remarks with respect to this claim are moot, the claim has been cancelled by the Applicant.
Consider Applicant’s remarks with respect to rejection of claims 19 and 22 under 35 USC §103 over Zishaan and Oesterling [Remarks: page 12-14]:
Regarding independent claim 19 [page 14]: Arguments presented for this claim are the same as for claim 13. This argument has been considered, but is rendered moot by a new rejection of the claim under 35 USC §103 over Zishaan, Oesterling and Chadha (US 2021/0033586 A1) where Chadha teaches the amended limitations.
Regarding claim 22 [page 14]: No specific or additional arguments are made with respect to this claim, and allowability asserted based on the alleged allowability of claim 19 from which it depends. The claim is now also rejected under 35 USC §103 over Zishaan, Oesterling and Chadha, based on the new rejection of the base claim, and on the particular citations and analysis presented in this Office action.
Consider new claims 26-28:
Regarding claim 26: This claim depends from claim 19, and would be allowable if presented in independent form, including all of the limitation of the claim and the base claim.
Regarding claim 27: This claim depends from claim 13, and would be allowable if presented in independent form, including all of the limitation of the claim and the base claim.
Regarding claim 27: Arguments with respect to this claim are moot, the claim has not been previously examined. The claim is now also rejected under 35 USC §103 over Zishaan, Oesterling and Chadha, based on the new rejection of the base claim, and on the particular citations and analysis presented in this Office action.
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant’s disclosure.
Schultz et al. (U.S. Patent Application Publication # US 2016/0063833 A1) disclosing an environmental sensor device with alarms.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to STEPHEN R BURGDORF whose telephone number is (571)270-7328. The Examiner can normally be reached on Monday and Friday at 11:00 AM to 8:00 PM EST/EDT.
If attempts to reach the Examiner by telephone are unsuccessful, the Examiner’s supervisor, Quan-Zhen Wang can be reached at (571)272-3114. The fax phone number for the organization where this application or proceeding is assigned is (571)273-8300.
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/STEPHEN R BURGDORF/ Examiner, Art Unit 2685