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 . This office action is in response to an amendment/argument submitted on 01/20/2026. The applicant does not submit an Information Disclosure Statement. The applicant amends claims 1, 16, 19, and 20. Claim 15 in canceled.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1 – 14, and 16 - 20 are rejected under 35 U.S.C. 103 as being unpatentable over Xiao US 2012/0162423 in view of Penilla US 9,365,188.
As per claim 1, A method comprising:
receiving, by a computing system comprising one or more processors, a vehicle actuation command comprising a request to actuate one or more systems of a vehicle, wherein the vehicle actuation command comprises an indication of a requesting entity, an indication of the one or more systems of the vehicle that the requesting entity is authorized to actuate, a time stamp, and a location of the requesting entity; (Penilla Col 4 lines 37 - 40, 66, 67, Col 5 lines 1, 2, Col 17 lines 32 - 36) and (Xiao paragraph 0068 discloses, "As shown in FIG. 5, automobile security log 500 may include, for example, a threat ID 502, a threat location 504, a threat type 506, a threat duration 508, a threat time 510, and/or security camera video 512, 514." And paragraph 0030)
determining, based on whether the location of the requesting entity is within an authorized geographical area, whether the vehicle actuation command meets one or more remote actuation criteria; (Penilla Col 20 lines 14 – 20 and Col 3 lines 40 - 44)
generating activity log data comprising one or more indications of whether the vehicle actuation command meets the one or more remote actuation criteria; (Xiao paragraph 0068 discloses, "Automobile security database 416 may contain information relating to detected potential security threats to automobile 114. FIG. 5 shows an exemplary automobile security threat log 500 stored in automobile security database 416. In one embodiment, security system module 408 may use automobile security threat log 500 in connection with sending an automobile security threat report to automobile security service system 104.") and (Penilla Col 5 lines 60, 61) and
based on the vehicle actuation command meeting the one or more remote actuation criteria, sending the vehicle actuation command to the vehicle. (Xiao paragraph 0036 discloses, "Returning to FIG. 2, input device 210 may include one or more mechanisms that permit a user to input information or commands to mobile device 112. For example, input device 210 may include a keyboard, a touch screen, a touch pad, a mouse, a pen, a voice cognition device, a biometric data recognition device, a still camera, a video camera, an accelerometer, a microphone, or any other type of device for enabling user input to a computing device.' and paragraph 0043 discloses, "Cellular network communication module 402 may also be configured to receive a command to trigger an alarm state of a security system of automobile 114. For example, in response to operator input to mobile device 112 and/or to a terminal device associated with local system 106, cellular network communication module 402 may receive an alarm trigger command from automobile service system 104 over cellular network 118." And paragraph 0066 discloses, "Disabling device 414 may include any device operable to disable one or more systems of automobile 114 to deter theft. For example, disabling device 414 may include a wheel locking device, a transmission system locking device, a steering system locking device, an engine shutdown device, or any other such device known in the art.") and (Penilla teaches Col 2 lines 47 - 50, Col 12 lines 49 - 56)
Xiao discloses a method and system for automobile security monitoring. Xiao does not disclose a vehicle actuation command. Penilla teaches of a vehicle actuation command. Therefore, at the time of filing it would have been obvious to one of ordinary skill in the art to incorporate the teachings of Penilla et.al. into the invention of Xiao. Such incorporation is motivated by the need to ensure actuation of a vehicle.
As per claim 2, The method of claim 1, wherein the vehicle is configured to send one or more error codes when the vehicle actuation command is received and the one or more systems of the vehicle are not successfully actuated, and further comprising: based on receiving the one or more error codes, generating activity log data comprising an indication of the one or more systems of the vehicle that were not successfully actuated. (Xiao paragraph 0109 discloses, "Server 122 may also be configured to issue a requested command to the automobile 114. For example, server 122 may look up the automobile ID and command ID contained in the request in automobile security command information 730 and retrieve a corresponding command code 736. Server 122 may also look up the received automobile ID in automobile information 704 to retrieve a corresponding automobile network address 716. Then server 122 may generate an appropriate command based on the retrieved code, and may transmit the code over the Internet 110 to the automobile 114 at the retrieved automobile network address 716." And paragraph 0047 discloses, "Upon receiving the security threat alert message, automobile security service system 104 may notify the owner or operator of the automobile 114 via e-mail, text message, telephone call, voice message, or other appropriate means." And paragraph 0063 discloses, "For example, security system control module 408 may identify a potential security threat when someone unsuccessfully inputs a password a certain number of times within a certain time period. As another example, security system control module 408 may identify a potential security threat when someone attempts to start automobile 114 but operator input device 428 detects an incorrect RFID.")
As per claim 3, The method of claim 2, wherein the one or more error codes comprise an error code indicating that the vehicle actuation command was not valid or an error code indicating that the vehicle was not in a safe operational state at the time the vehicle actuation command was received. (Xiao paragraph discloses, "For example, security system control module 408 may identify a potential security threat when someone unsuccessfully inputs a password a certain number of times within a certain time period. As another ex ample, security system control module 408 may identify a potential security threat when someone attempts to start automobile 114 but operator input device 428 detects an incorrect RFID.")
As per claim 4, The method of claim 1, wherein the vehicle is configured to send a confirmation signal comprising an indication that the one or more systems of the vehicle were successfully actuated, and further comprising: based on receiving the confirmation signal, generating activity log data comprising the indication that the one or more systems of the vehicle were successfully actuated. (Xiao paragraph 0068 discloses, "Automobile security database 416 may contain information relating to detected potential security threats to automobile 114. FIG. 5 shows an exemplary automobile security threat log 500 stored in automobile security database 416. In one embodiment, security system module 408 may use automobile security threat log 500 in connection with sending an automobile security threat report to automobile security service system 104.")
As per claim 5, The method of claim 1, further comprising: based on the vehicle actuation command not meeting the one or more remote actuation criteria, sending a notification to an entity that is authorized to grant authorization to actuate the one or more systems of the vehicle, wherein the notification comprises an indication of suspicious activity. (Xiao paragraph 0063 discloses, "In response to detecting a potential security threat based on the signal from operator input device 428, security system control module 408 may communicate an alert message containing information about the potential threat to cellular network communication module 402 over automobile network 410. Cellular network communication module 402, in turn, may communicate the alert message over cellular network 118.")
As per claim 6, The method of claim 1, further comprising: based on the vehicle actuation command not meeting the one or more remote actuation criteria, sending, to the vehicle, a vehicle actuation command comprising one or more instructions to deauthorize remote actuation of the one or more systems of the vehicle. (Penilla Col 13 lines 44 - 67 and Col 14 lines 1 - 6)
Xiao discloses a method and system for automobile security monitoring. Xiao does not disclose a vehicle actuation command. Penilla teaches of a vehicle actuation command. Therefore, at the time of filing it would have been obvious to one of ordinary skill in the art to incorporate the teachings of Penilla et.al. into the invention of Xiao. Such incorporation is motivated by the need to ensure actuation of a vehicle.
As per claim 7, The method of claim 6, wherein the one or more instructions comprise an instruction to disable remote actuation of the one or more systems of the vehicle until an instruction to reauthorize remote authorization of the one or more systems of the vehicle has been received or a predetermined amount of time has elapsed. (Penilla Col 16 lines 3 - 17)
Xiao discloses a method and system for automobile security monitoring. Xiao does not disclose a vehicle actuation command. Penilla teaches of a vehicle actuation command. Therefore, at the time of filing it would have been obvious to one of ordinary skill in the art to incorporate the teachings of Penilla et.al. into the invention of Xiao. Such incorporation is motivated by the need to ensure actuation of a vehicle.
As per claim 8, The method of claim 1, wherein the vehicle actuation command is sent to a telematic control unit of the vehicle. (Xiao paragraph 0042 discloses, "Cellular network communication module 402 may be configured to receive automobile security commands from automobile security service system 104. For example, in response to operator input to mobile device 112 and/or to a terminal device associated with local system 106, cellular network communication module 402 may receive an engine lock off command from automobile service system 104 over cellular network 118. Cellular network communication module 404 may then send the engine lock off command to engine system control module 404 or to security system control module 408 over automobile network 410.")
As per claim 9, The method of claim 1, wherein the generating the activity log data comprises generating one or more real-time indications associated with vehicle actuation commands received within a time window. (Xiao paragraph 0068 discloses, "Automobile security database 416 may contain information relating to detected potential security threats to automobile 114. FIG. 5 shows an exemplary automobile security threat log 500 stored in automobile security database 416. In one embodiment, security system module 408 may use automobile security threat log 500 in connection with sending an automobile security threat report to automobile security service system 104.") and (Penilla Col 5 lines 60, 61 and Col 32 line 67 and Col 24 lines 1, 2)
Xiao discloses a method and system for automobile security monitoring. Xiao does not disclose a vehicle actuation command. Penilla teaches of a vehicle actuation command. Therefore, at the time of filing it would have been obvious to one of ordinary skill in the art to incorporate the teachings of Penilla et.al. into the invention of Xiao. Such incorporation is motivated by the need to ensure actuation of a vehicle.
As per claim 10, The method of claim 9, wherein the one or more real-time indications comprise a total number of the vehicle actuation commands received within the time window, one or more time stamps indicating when each of the vehicle actuation commands received within the time window were sent, a location of the vehicle, or one or more locations from which each of the vehicle actuation commands was sent. (Xiao paragraph 0059 discloses, "In another embodiment, security system control module 408 may identify a potential security threat when the signal indicates one or more unsuccessful attempts to open a door of automobile 114, such as when the handle of a locked door is pulled a threshold number of times, or when the handles of different locked doors are pulled within a short period of time.")
As per claim 11, The method of claim 1, wherein the vehicle actuation command meeting the one or more remote actuation criteria comprises a number of vehicle actuation commands received within a predetermined time interval not exceeding a threshold number of vehicle actuation commands. (Xiao paragraph 0059 discloses, "In another embodiment, security system control module 408 may identify a potential security threat when the signal indicates one or more unsuccessful attempts to open a door of automobile 114, such as when the handle of a locked door is pulled a threshold number of times, or when the handles of different locked doors are pulled within a short period of time.")
As per claim 12, The method of claim 11, wherein the threshold number of vehicle actuation commands received within the predetermined time interval is based on the time stamp associated with the vehicle actuation command. (Xiao paragraph 0068 discloses, As shown in FIG. 5, automobile security log 500 may include, for example, a threat ID 502, a threat location 504, a threat type 506, a threat duration 508, a threat time 510, and/or security camera video 512, 514.")
As per claim 13, The method of claim 1, wherein the vehicle actuation command comprises one or more scheduled actuation times at which to actuate the one or more systems of the vehicle, and wherein the generating the activity log data comprises: adding, to the activity log data, one or more indications of one or more times at which the one or more systems of the vehicle were actuated. (Xiao paragraph 0069 discloses, "Threat ID 502 may include any information used to identify an instance of a detected potential threat to the security of automobile 114. Threat ID 502 may be a reference number, a code, or any other piece of information assigned to a detected potential security threat to automobile 114. In one embodiment, security system control module 408 may assign a unique threat ID 502 to each instance of a detected potential security threat. For example, security system control module 408 may generate a new threat ID 502 and add the new threat ID 502 to a new entry in automobile security threat log 500 each time security system control module 408 identifies a potential security threat based on the signals received from motion detectors 420, from door sensors 422, from trunk sensor 424, from shock sensor 426, and/or from operator input device 428.")
As per claim 14, The method of claim 1, wherein the vehicle actuation command comprises one or more scheduled actuation times at which to deactivate the one or more systems of the vehicle, and wherein the generating the activity log data comprises: adding, to the activity log data, one or more indications of one or more times at which the one or more systems of the vehicle were deactivated. (Xiao paragraph 0069 discloses, "Threat ID 502 may include any information used to identify an instance of a detected potential threat to the security of automobile 114. Threat ID 502 may be a reference number, a code, or any other piece of information assigned to a detected potential security threat to automobile 114. In one embodiment, security system control module 408 may assign a unique threat ID 502 to each instance of a detected potential security threat. For example, security system control module 408 may generate a new threat ID 502 and add the new threat ID 502 to a new entry in automobile security threat log 500 each time security system control module 408 identifies a potential security threat based on the signals received from motion detectors 420, from door sensors 422, from trunk sensor 424, from shock sensor 426, and/or from operator input device 428.")
15. (Canceled)
As per claim 16, The method of claim 1, wherein the at least one authorized location is based on authorization from an entity that is authorized to grant authorization to actuate the one or more systems of the vehicle. (Xiao paragraph 0062 discloses, "operator input device 428 may include a keypad by which the operator enters a password to unlock the door or start the engine.")
As per claim 17, The method of claim 1, wherein the vehicle actuation command comprises a request to lock one or more doors of the vehicle, a request to unlock one or more doors of the vehicle, a request to start up the vehicle, or a request to shut down the vehicle. (Xiao paragraph 0082 discloses, "In response to requests received from automobile operators at mobile devices 112 and/or at terminal devices associated with local system 106, server 122 may issue various automobile security commands to automobiles 114 over the Internet 110.")
As per claim 18, The method of claim 1, further comprising: generating, based on the activity log data, a report comprising one or more indications of a number of vehicle actuation commands that were successfully completed within a time window or a number of vehicle actuation commands that were not successfully completed within the time window. (Xiao paragraph 0069 discloses, "Threat ID 502 may include any information used to identify an instance of a detected potential threat to the security of automobile 114. Threat ID 502 may be a reference number, a code, or any other piece of information assigned to a detected potential security threat to automobile 114. In one embodiment, security system control module 408 may assign a unique threat ID 502 to each instance of a detected potential security threat. For example, security system control module 408 may generate a new threat ID 502 and add the new threat ID 502 to a new entry in automobile security threat log 500 each time security system control module 408 identifies a potential security threat based on the signals received from motion detectors 420, from door sensors 422, from trunk sensor 424, from shock sensor 426, and/or from operator input device 428.")
As per claim 19, One or more non-transitory computer readable media comprising instructions that, when executed by at least one processor, cause a computing device to perform operations comprising:
receiving a vehicle actuation command comprising a request to actuate one or more systems of a vehicle, wherein the vehicle actuation command comprises an indication of a requesting entity, an indication of the one or more systems of the vehicle that the requesting entity is authorized to actuate, a time stamp, and a location of the requesting entity; (Penilla Col 4 lines 37 - 40, 66, 67, Col 5 lines 1, 2, Col 17 lines 32 - 36) and (Xiao paragraph 0068 discloses, "As shown in FIG. 5, automobile security log 500 may include, for example, a threat ID 502, a threat location 504, a threat type 506, a threat duration 508, a threat time 510, and/or security camera video 512, 514." And paragraph 0030)
determining, based on whether the location of the requesting entity is within an authorized geographical area, whether the vehicle actuation command meets one or more remote actuation criteria; (Penilla Col 20 lines 14 – 20 and Col 3 lines 40 - 44)
generating activity log data comprising one or more indications of whether the vehicle actuation command meets the one or more remote actuation criteria; (Xiao paragraph 0068 discloses, "Automobile security database 416 may contain information relating to detected potential security threats to automobile 114. FIG. 5 shows an exemplary automobile security threat log 500 stored in automobile security database 416. In one embodiment, security system module 408 may use automobile security threat log 500 in connection with sending an automobile security threat report to automobile security service system 104.") and (Penilla Col 5 lines 60, 61) and
based on the vehicle actuation command meeting the one or more remote actuation criteria, sending the vehicle actuation command to the vehicle. (Xiao paragraph 0036 discloses, "Returning to FIG. 2, input device 210 may include one or more mechanisms that permit a user to input information or commands to mobile device 112. For example, input device 210 may include a keyboard, a touch screen, a touch pad, a mouse, a pen, a voice cognition device, a biometric data recognition device, a still camera, a video camera, an accelerometer, a microphone, or any other type of device for enabling user input to a computing device.' and paragraph 0043 discloses, "Cellular network communication module 402 may also be configured to receive a command to trigger an alarm state of a security system of automobile 114. For example, in response to operator input to mobile device 112 and/or to a terminal device associated with local system 106, cellular network communication module 402 may receive an alarm trigger command from automobile service system 104 over cellular network 118." And paragraph 0066 discloses, "Disabling device 414 may include any device operable to disable one or more systems of automobile 114 to deter theft. For example, disabling device 414 may include a wheel locking device, a transmission system locking device, a steering system locking device, an engine shutdown device, or any other such device known in the art.") and (Penilla teaches Col 2 lines 47 - 50, Col 12 lines 49 - 56)
As per claim 20, A computing device comprising: one or more processors; and memory storing instructions that, when executed by the one or more processors, cause the computing device to:
receive a vehicle actuation command comprising a request to actuate one or more systems of a vehicle, wherein the vehicle actuation command comprises an indication of a requesting entity, an indication of the one or more systems of the vehicle that the requesting entity is authorized to actuate, a time stamp, and a location of the requesting entity; (Penilla Col 4 lines 37 - 40, 66, 67, Col 5 lines 1, 2, Col 17 lines 32 - 36) and (Xiao paragraph 0068 discloses, "As shown in FIG. 5, automobile security log 500 may include, for example, a threat ID 502, a threat location 504, a threat type 506, a threat duration 508, a threat time 510, and/or security camera video 512, 514." And paragraph 0030)
determine, based on whether the location of the requesting entity is within an authorized geographical area, whether the vehicle actuation command meets one or more remote actuation criteria; (Penilla Col 20 lines 14 – 20 and Col 3 lines 40 - 44)
generate activity log data comprising one or more indications of whether the vehicle actuation command meets the one or more remote actuation criteria; (Xiao paragraph 0068 discloses, "Automobile security database 416 may contain information relating to detected potential security threats to automobile 114. FIG. 5 shows an exemplary automobile security threat log 500 stored in automobile security database 416. In one embodiment, security system module 408 may use automobile security threat log 500 in connection with sending an automobile security threat report to automobile security service system 104.") and (Penilla Col 5 lines 60, 61) and
based on the vehicle actuation command meeting the one or more remote actuation criteria, send the vehicle actuation command to the vehicle. (Xiao paragraph 0036 discloses, "Returning to FIG. 2, input device 210 may include one or more mechanisms that permit a user to input information or commands to mobile device 112. For example, input device 210 may include a keyboard, a touch screen, a touch pad, a mouse, a pen, a voice cognition device, a biometric data recognition device, a still camera, a video camera, an accelerometer, a microphone, or any other type of device for enabling user input to a computing device.' and paragraph 0043 discloses, "Cellular network communication module 402 may also be configured to receive a command to trigger an alarm state of a security system of automobile 114. For example, in response to operator input to mobile device 112 and/or to a terminal device associated with local system 106, cellular network communication module 402 may receive an alarm trigger command from automobile service system 104 over cellular network 118." And paragraph 0066 discloses, "Disabling device 414 may include any device operable to disable one or more systems of automobile 114 to deter theft. For example, disabling device 414 may include a wheel locking device, a transmission system locking device, a steering system locking device, an engine shutdown device, or any other such device known in the art.") and (Penilla teaches Col 2 lines 47 - 50, Col 12 lines 49 - 56)
Response to Arguments
Applicant's arguments filed 01/20/2026 have been fully considered but they are not persuasive.
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). The art of record makes obvious the claimed invention as identified by the cited reference passages.
Conclusion
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.
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/TYLER D PAIGE/Primary Examiner, Art Unit 3664