DETAILED ACTION
Status of the Claims
1. This action is in response to Applicant’s Request for Reconsideration dated January 20, 2026.
2. Claims 11-13, 15-17 and 21-22 are currently pending and have been examined.
3. The claims were preliminarily amended on February 16, 2023.
4. Claims 1-10 and 14 have been cancelled.
5. Claims 11 and 15-16 have been amended.
6. Claims 18-20 are withdrawn from consideration.
7. Claims 21-22 are newly added.
Notice of Pre-AIA or AIA Status
8. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Interpretation – Broadest Reasonable Interpretation
9. In determining patentability of an invention over the prior art, all claim limitations have been considered and interpreted using the “broadest reasonable interpretation consistent with the specification during the examination of a patent application since the applicant may then amend his claims.” See In re Prater and Wei, 162 USPQ 541, 550 (CCPA 1969); MPEP § 2111. Applicant always has the opportunity to amend the claims during prosecution, and broad interpretation by the examiner reduces the possibility that the claim, once issued, will be interpreted more broadly than is justified. See In re Prater, 162 USPQ 541, 550-51 (CCPA 1969); MPEP § 2111. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 26 USPQ2d 1057 (Fed. Cir. 1993). See also MPEP 2173.05(q) All claim limitations have been considered. Additionally, all words in the claims have been considered in judging the patentability of the claims against the prior art. See MPEP 2143.03.
Claim limitations that contain statement(s) such as “if, may, might, can, could”, are treated as containing optional language. As matter of linguistic precision, optional claim elements do not narrow claim limitations, since they can always be omitted.
Claim limitations that contain statement(s) such as “wherein, whereby”, that fail to further define the steps or acts to be performed in method claims or the discrete physical structure required of system claims.
Similarly, a method step exercised or triggered upon the satisfaction of a condition, where there remains the possibility that the condition was not satisfied under the broadest reasonable interpretation, is an optional claim limitation. see MPEP § 2103(I)(C); In re Johnson, 77 USPQ2d 1788 (Fed Cir 2006). As the Applicant does not address what happens should the optional claim limitations fail, Examiner assumes that nothing happens (i.e. the method stops). An alternate interpretation is that merely the claim limitations based upon the condition are not triggered or performed.
The subject matter of a properly construed claim is defined by the terms that limit its scope. It is this subject matter that must be examined.
As a general matter, grammar and the plain meaning of terms as understood by one having ordinary skill in the art used in a claim will dictate whether, and to what extent, the language limits the claim scope. see MPEP §2013(I)(C). Language that suggests or makes a feature or step optional but does not require that feature or step does not limit the scope of a claim under the broadest reasonable claim interpretation. see MPEP §2013(I)(C).
Claim scope is not limited by claim language that suggests or makes optional but does not require steps to be performed, or by claim language that does not limit a claim to a particular structure. In addition, when a claim requires selection of an element from a list of alternatives, the prior art teaches the element if one of the alternatives is taught by the prior art. See, e.g., Fresenius USA, Inc. v. Baxter Int’l, Inc., 582 F.3d 1288, 1298 (Fed. Cir. 2009). See MPEP 2111.04, 2143.03.
Language in a method or system claim that states only the intended use or intended result, but does not result in a manipulative difference in the steps of the method claim nor a structural difference between the system claim and the prior art, fails to distinguish the claims from the prior art. In other words, if the prior art structure is capable of performing the intended use, then it meets the claim.
The following types of claim language may raise a question as to its limiting effect (this list is not exhaustive):
Statements of intended use or field of use, including statements of purpose or intended use in the preamble (MPEP 2111.02);
Clauses such as “adapted to”, “adapted for”, “wherein”, and “whereby” (MPEP 2111.04)
Contingent limitations (MPEP 2111.04)
Printed matter (MPEP 2111.05) and
Functional language associated with a claim term (MPEP 2181)
Examiner notes that during examination, “claims … are to be given their broadest reasonable interpretation consistent with the specification, and … claim language should be read in light of the specification as it would be interpreted by one of ordinary skill in the art.” See In re Bond, 15 USPQ 1566, 1568 (Fed. Cir. 1990), citing In re Sneed, 218 USPQ 385, 388 (Fed. Cir. 1983). However, "in examining the specification for proper context, [the examiner] will not at any time import limitations from the specification into the claims". See CollegeNet, Inc. v. ApplyYourself, Inc., 75 USPQ2d 1733, 1738 (Fed. Cir. 2005). Construing claims broadly during prosecution is not unfair to the applicant, because the applicant has the opportunity to amend the claims to obtain more precise claim coverage. See In re Yamamoto, 222 USPQ 934, 936 (Fed. Cir. 1984), citing In re Prater, 162 USPQ 541, 550 (CCPA 1969).
As such, while all claim limitations have been considered and all words in the claims have been considered in judging the patentability of the claimed invention, the following italicized language is interpreted as not further limiting the scope of the claimed invention.
As in Claim 11:
an intravehicular communication interface comprising a display surface for wirelessly providing information to an external environment of the motor vehicle; and
a control device configured to:
register, as a registered user, the user for a current use of the motor vehicle on the basis of the determined identity, provided a user-specific user profile for the user is stored in the motor vehicle;
transmit the provided order data signal to the intravehicular communication interface for communicating the payment process information to an external communication interface of an extravehicular data server device, the extravehicular data server device being outside of the vehicle.
As in Claim 16:
a communication interface for wirelessly providing information to an external environment of the motor vehicle; and
a control device configured to:
register, as a registered user, the user for a current use of the motor vehicle on the basis of the determined identity, provided a user-specific user profile of the user is stored in the motor vehicle;
transmit the provided order data signal to the intravehicular communication interface for communicating the payment process information to an external communication interface; and
an extravehicular data server device comprising the external communication interface, wherein the extravehicular data server device is outside the vehicle.
As in Claim 12:
wherein the intravehicular communication interface is configured as a display device with a display surface, wherein the display surface is oriented towards the external environment of the motor vehicle and is visible from outside the motor vehicle, and wherein the control device causes the intravehicular communication interface to output the order data set provided as an image data set, and wherein the control device provides the provided order data set as a quick response (QR) code.
As in Claim 22:
wherein the control device is configured to perform an identity check immediately before an order or payment signal is generated to determine that the registered user is still physically present inside the motor vehicle.
Applicant also uses the following terminology in the claims:
A user recognition device:
Applicant’s specification discloses the following:
“The motor vehicle according to an embodiment comprises a user recognition device for determining the identity of the current user of the motor vehicle. A user recognition device is thus a device, a device component or a device group which is designed to determine the identity of the user. For this purpose, the user recognition device also comprises one or more components, preferably a sensor system, for detecting the identity. In other words, for example, a sensor system for detecting a biometric feature such as, for example, a fingerprint or a face, and/or a sensor for receiving and reading a signal from a motor vehicle key.” (See Applicant Spec para 18)
“The user recognition device, can be, for example, a component of a control device and accordingly be designed as a control chip or circuit board of the control device, or a component which is installed externally to the control device. For the optional detection of the user, the user recognition device can have, for example, a sensor for detecting a motor vehicle key of the user, or, for example, a camera and an algorithm for facial recognition of the user.” (See Applicant Spec para 19)
“The motor vehicle also comprises the control device. This can optionally comprise, for example, the user recognition device and/or the user interface.” (See Applicant Spec para 22)
“The user recognition device can preferably determine the identity of the user on the basis of a user’s mobile terminal which is coupled to the motor vehicle, for example by checking a serial number of the mobile terminal. Additionally, or alternatively, the user recognition device can be designed for facial recognition. These checking measures make it possible for the user, even when he is the driver, not to have to deflect his attention to, for example, for example, inputting a password or providing a fingerprint. Accordingly, traffic safety is significantly increased, as is ease of operation.” (See Applicant Spec para 38)
“In Fig. 1, the option is also shown of the user device recognition device 30 determining the identity of the user via a mobile terminal 34 of the user (S5), for example on the basis of checking a serial number of the mobile phone or via identification data transmitted by the mobile terminal 24. The communication between the mobile terminal 34 and the user recognition device 30 can take place, for example, via a WiFi connection, a Bluetooth LE connection, or via a mobile data connection.” (See Applicant Spec para 68)
Based on the specification, it appears that the user recognition device is some sort of device, device component or device group with one or more components, that may include a sensor system, that may be a component of a control device, that may be external to the control device and preferably determines the identity of a user based on a user’s mobile terminal.
Operating action:
“The motor vehicle further comprises a user interface, which is configured to receive and detect an operating action of the user for activating a payment function, that is to say for activating a fee-based function for booking and/or purchasing a service and/or purchase object. For this purpose, the user interface can have, for example, a button or a turn/push actuator for detecting an operating action executed by means of the button and/or the turn/push actuator, a microphone for receiving a voice command, a camera for detecting a contactless operating gesture; and/or a touch-sensitive screen and/or touch pad. The user interface is also configured to generate an operating signal which describes the detected operating action.” (See Applicant Spec para 20)
“To execute the method, the control device of the motor vehicle checks on the basis of a determined identity of a user of the motor vehicle whether a user profile for the user determined is in the motor vehicle. The control device registers the user as the current user as the current user of the motor vehicle during the current utilization process of the motor vehicle if the user profile is present. On the basis of an operating signal from the user interface of the motor vehicle, which describes an operating action of the user for activating a payment function, the control device selects a payment function from a plurality of payment functions for which an authorization is stored for the registered user in the user profile of the motor vehicle. During use of the motor vehicle by the registered user, the control device provides an order data signal, which describes an order data set that describes the registered user’s payment process data that is coupled to the selected payment function and stored in the user profile. The control device transmits the provided order data signal to a communication interface of the motor vehicle for communicating the payment process information to the communication site external to the motor vehicle of an extravehicular data server device.” (See Applicant Spec para 42)
Based on the specification, the operating action itself is a user conducting a physical action (i.e., actuating a button or on a screen or touch pad, turn/push actuator, speaking into a microphone, contactless gesture, etc.) that is then received by the user interface which then generates an operating signal that describes the detected operating action. Accordingly, the operating action will be interpreted as a user conducted action for purposes of examination.
User interface:
“The motor vehicle further comprises a user interface, which is configured to receive and detect an operating action of the user for activating a payment function, that is to say for activating a fee-based function for booking and/or purchasing a service and/or purchase object. For this purpose, the user interface can have, for example, a button or a turn/push actuator for detecting an operating action executed by means of the button and/or the turn/push actuator, a microphone for receiving a voice command, a camera for detecting a contactless operating gesture; and/or a touch-sensitive screen and/or touch pad. The user interface is also configured to generate an operating signal which describes the detected operating action.” (See Applicant Spec para 20)
“To execute the method, the control device of the motor vehicle checks on the basis of a determined identity of a user of the motor vehicle whether a user profile for the user determined is in the motor vehicle. The control device registers the user as the current user as the current user of the motor vehicle during the current utilization process of the motor vehicle if the user profile is present. On the basis of an operating signal from the user interface of the motor vehicle, which describes an operating action of the user for activating a payment function, the control device selects a payment function from a plurality of payment functions for which an authorization is stored for the registered user in the user profile of the motor vehicle. During use of the motor vehicle by the registered user, the control device provides an order data signal, which describes an order data set that describes the registered user’s payment process data that is coupled to the selected payment function and stored in the user profile. The control device transmits the provided order data signal to a communication interface of the motor vehicle for communicating the payment process information to the communication site external to the motor vehicle of an extravehicular data server device.” (See Applicant Spec para 42)
“The control device 12 communicates with the user interface 18 and the communication interface 20 via data communication connections 22. These can either be wired or wireless. Accordingly, the data communication connections 22 can be designed as a data bus, a Bluetooth connection or a WiFi connection.” (See Applicant Spec para 57)
“The user interface 18 is configured to detect and recognize (S1), for example, via a touch-sensitive screen or by detecting a contactless operator gesture, an operating request of a user for activating a payment function. An operating signal (S2) generated accordingly by the user interface 18 then describes the captured operating action.” (See Applicant Spec para 59)
The user interface is described at a high level and appears to be an interface in the vehicle, however it is described broadly enough that it may be reflective of communication with a mobile terminal that is coupled to the vehicle that may be displayed on the user interface.
Control device
“The user recognition device, can be, for example, a component of a control device and accordingly be designed as a control chip or circuit board of the control device, or a component which is installed externally to the control device. For the optional detection of the user, the user recognition device can have, for example, a sensor for detecting a motor vehicle key of the user, or, for example, a camera and an algorithm for facial recognition of the user.” (See Applicant Spec para 19)
“The motor vehicle also comprises the control device. This can optionally comprise, for
example, the user recognition device and/or the user interface.”(See Applicant Spec para 22)
“A control device is understood to mean a device, a device component or a device group
which is configured to receive and evaluate signals, as well as to generate control signals. For this purpose, the control device can ideally have a receiving module and a transmission module, and preferably a processor device. The control device can be designed, for example, as a control unit or control chip, or as a computer program or computer program product.” (See Applicant Spec para 23)
“The present disclosure also relates to a control device. The control device can have a data processing device or a processor device which is configured to perform an embodiment of the method according to the present disclosure. For this purpose, the processor device can have at least one microprocessor, and/or at least one microcontroller, and/or at least one FPGA (field programmable gate array), and/or at least one DSP (digital signal processor). Furthermore, the processor device may comprise program code which, when executed by the processor device, is configured to execute the embodiment of the method according to the present disclosure. The program code can be stored in a data storage device of the processor unit. The control device can preferably be configured as a control apparatus, control chip, control unit, or user program (“app”).” (See Applicant Spec para 45)
“The control device 12 communicates with the user interface 18 and the communication interface 20 via data communication connections 22. These can either be wired or wireless. Accordingly, the data communication connections 22 can be designed as a data bus, a Bluetooth connection or a WiFi connection.” (See Applicant Spec para 57)
The control device is described as being part of the motor vehicle that can have a data processing device or a processor device that enables communication with or is part of the user recognition device and/or the user interface and will be interpreted in this manner for purposes of examination.
User’s mobile terminal
“The user recognition device can preferably determine the identity of the user on the basis of a user’s mobile terminal which is coupled to the motor vehicle, for example by checking a serial number of the mobile terminal. Additionally, or alternatively, the user recognition device can be designed for facial recognition. These checking measures make it possible for the user, even when he is the driver, not to have to deflect his attention to, for example, for example, inputting a password or providing a fingerprint. Accordingly, traffic safety is significantly increased, as is ease of operation.” (See Applicant Spec para 38)
“The object stated above is achieved by a storage medium having a program code which is configured, when executed by a processor device, preferably a processor device of a mobile terminal, to cause the control device to execute an embodiment of the method described above. The storage medium can be designed, for example, as a memory card or memory chip or other data store. Processor device is understood to mean a device or a device component for electronic data processing. The processor device can comprise, for example, at least one microcontroller and/or at least one microprocessor. This results in the aforementioned advantages.” (See Applicant Spec para 46)
“Another exemplary mobility server can be a purchase of a ticket for a public transportation means in which the motor vehicle 10 can book and/or pay, for example, for a ticket for a shuttle system between a park-and-ride parking garage and a city center. In this example, a mobile terminal 34 of the user 40 can preferably be coupled to the motor vehicle 10, and the control device 12 can, for example, transmit a bus ticket to the mobile terminal 33 after the purchase.” (See Applicant Spec para 65)
“In Fig. 1, the option is also shown of the user device recognition device 30 determining the identity of the user via a mobile terminal 34 of the user (S5), for example on the basis of checking a serial number of the mobile phone or via identification data transmitted by the mobile terminal 24. The communication between the mobile terminal 34 and the user recognition device 30 can take place, for example, via a WiFi connection, a Bluetooth LE connection, or via a mobile data connection.” (See Applicant Spec para 68)
“Fig. 2 illustrates a further exemplary embodiment, wherein in Fig. 2 the relationships of the individual components are shown as a “marketplace.” On the user’s side, the motor vehicle 10, preferably also the user’s mobile terminal 34, as well as the user 40 himself are available for performing payment functions. The intravehicular communication interface 20 can communicate the order data signal of the control device 12, for example, via an internet connection 42 (“www”), via an infrared data connection 44 and/or ideally a QR code 46, which can be displayed, for example, in a side mirror 48, wherein the order data signal can describe a service 50.” (See Applicant Spec para 69)
“A kind of “marketplace” can be created by the motor vehicle 10 and the method. This “marketplace” then represents the single interface of a user to his virtual environment. Only a one-time registration and verification in the motor vehicle 10 or on the mobile terminal 34 (“device”) for the marketplace is required and then all services can be used/registered via the marketplace, even those of third-party providers:” (See Applicant Spec para 78)
The user mobile terminal appears to be used to verify the identity of the user, to be coupled to the motor vehicle and the control device to allow for purchasing and marketplace activities utilizing various communication techniques and will be interpreted in this manner for purposes of examination.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
10. Claims 11-13, 15-17, and 21-22 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
The amendment filed January 20, 2026 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows:
As in Claim 11:
a user recognition device configured to determine an identity of a user of the motor vehicle, wherein the user recognition device comprises one or more biometric sensors;
a control device configured to:
cause the one or more biometric sensors to detect a biometric feature of one or more occupants of the motor vehicle;
verify, using the one or more biometric sensors, the identity and presence of the registered user in the motor vehicle prior to each generation of an order data signal
As in Claim 16:
a user recognition device configured to determine an identity of a user of the motor vehicle, wherein the user recognition device comprises one or more biometric sensors;
a control device configured to:
cause the one or more biometric sensors to detect a biometric feature of one or more occupants of the motor vehicle;
verify, using the one or more biometric sensors, the identity and presence of the registered user in the motor vehicle prior to each generation of an order data signal
Applicant’s specification does not disclose a biometric sensor per se. Rather, as seen in paragraph 18 of Applicant’s specification, a user recognition is a device, a device component or a device group that also comprises one or more components, preferably a sensor system, for detecting the identity. (See Applicant Spec para 18) The specification continues, noting “…for example, a sensor system for detecting a biometric feature such as, for example, a fingerprint or a face, and/or a sensor for receiving and reading a signal from a motor vehicle key.” (See Applicant Spec para 18) The specification further discloses in the following paragraph that for “optional detection of the user, the user recognition device can have, for example, a sensor for detecting a motor vehicle key of the user, or, for example, a camera and an algorithm for facial recognition of the user”. (See Applicant Spec para 19) The user recognition device can also have a fingerprint sensor and/or a sensor system for receiving an identification signal from a motor vehicle key. (See Applicant Spec para 61)
Therefore, while there is support for a fingerprint sensor, a camera and an algorithm for facial recognition, a sensor system for detecting a biometric feature such as a fingerprint or a face and/or a sensor for receiving a signal from a motor vehicle key, this is a narrower disclosure than the recited “one or more biometric sensors” which could encompass any number and variety of biometric sensors.
As to the recitations of the control device configured to cause the one or more biometric sensors to detect a biometric feature of one or more occupants of the motor vehicle and verify, using the one or more biometric sensors, the identity and presence of the registered user in the motor vehicle prior to each generation of an order data signal; the recitations as currently recited are expanding the limitations past the bounds of the specification.
The specification indicates that the control device is configured to cause the user recognition device to determine the identity of at least one occupant of the motor vehicle. (See Applicant Spec para 35) The control device itself does not verify using the biometric sensors, it is the user recognition device. As noted above, the features of detecting a biometric feature and using one or more biometric sensors as currently recited could encompass any number and variety of biometric sensors, which is broader than the specification discloses.
Examiner suggests amending the claims to indicate that the control device is configured to cause the user recognition device to determine the identity of at least one occupant and then link the detection of the biometric feature utilizing limited types of biometric sensors disclosed by the specification. Applicant is required to bring the recitations within the bounds of the specification.
Dependent claims 12-13, 15, 17 and 21-22 are further rejected as based upon a rejected base claim. Applicant is required to cancel the new matter in the reply to this Office Action.
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.
11. Claim(s) 11-13, 15-17 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Scofield et al. (US PG Pub. 2014/0085110) (“Scofield”) in view of Esquivel et al. (US PG Pub. 2022/0366165) (“Esquivel”) and Arora (US PG Pub. 2018/0174139) (“Arora”)
Regarding Claim 11, Scofield discloses the following:
A motor vehicle comprising:
a user recognition device configured to determine an identity of a user of the motor vehicle, wherein the user recognition device comprises one or more biometric sensors; (See Scofield paras 24, 34)
a user interface inside the motor vehicle, wherein the user interface detects an operating action of the user signaling a purchase of a service and generates an operating signal comprising the detected operating action; (See Scofield paras 35-39, 43, 55-57 – authorization interface allows user to specify which actions are permitted to be performed; status of the authorization may be provided to the user via an in-vehicle alert system, authorization system may communicate with the mobile device and/or vehicle where user may acknowledge the transaction by selecting an acceptance key on a mobile device and/or in-vehicle display)
an intravehicular communication interface comprising a display surface for wirelessly providing information to an external environment of the motor vehicle; and (See Scofield paras 29, 36-37, 43, 49)
a control device configured to:
register, as a registered user, the user for a current use of the motor vehicle on the basis of the determined identity, provided a user-specific user profile for the user is stored in the motor vehicle; (See Scofield paras 36-37 – user authorized to make the request in the specific vehicle)
select, based on the operating signal, a payment function from a plurality of payment functions that are stored in the user profile for the registered user; (See Scofield paras 35-37)
cause the one or more biometric sensors to detect a biometric feature of one or more occupants of the motor vehicle; (See Scofield paras 32-37)
verify, using the one or more biometric sensors, the identity and presence of the registered user in the motor vehicle prior to each generation of an order data signal; (See Scofield paras 32-37)
provide, during the use of the motor vehicle by the registered user, the order data signal comprising an order data set that includes payment process information of the registered user, the payment process information being coupled to the selected payment function and being stored in the user profile; and (See Scofield paras 38-41 – payment process may be completed after refueling so the refueling platform may communicate the final fee amount to the authorization system)
transmit the provided order data signal to the intravehicular communication interface for communicating the payment process information to an external communication interface of an extravehicular data server device, the extravehicular data server device being outside of the vehicle. (See Scofield paras 38-41)
While Scofield discloses the invention as claimed and discloses that a request to authorize an action comprises user identification information pertaining to a user occupying the vehicle and may comprise other unique information from which a user may be identified and verifying the identity and presence of the registered user prior to each generation of an order data signal, it does not clearly disclose an intravehicular communication interface for wirelessly providing information to an external environment of the motor vehicle or that the user recognition device comprises one or more biometric sensors; that the one or more biometric sensors detect a biometric feature of one or more occupants of the motor vehicle and verify the identity using the one or more biometric sensors.
Esquivel discloses devices, systems and method for contactless vehicle codes. (See Esquivel Abstract) In particular, in an embodiment, an in-vehicle infotainment system may allow a vehicle passenger to select the type of code or activity for which a QR code is to be presented using the vehicle (e.g., a display on a vehicle pillar, door, window, etc.) (See Esquivel para 17 – intravehicular communication interface, display surface) The vehicle may generate or receive the QR code and the user or vehicle information may be stored on the vehicle or in a centralized data storage. (See Esquivel para 17) When the user selects a type of code or activity, the vehicle may request a QR code corresponding to the type of code or activity. (See Esquivel para 17)
In a particular embodiment, the vehicle code presentation system includes the vehicle displaying the code of Fig. 1 and a parking system with a scanning device capable of scanning the code. (See Esquivel para 39) As the vehicle approaches a parking lot, parking space or the like, the scanning device may scan the code with the relevant parking information. (See Esquivel para 39 – scans from the code, wirelessly providing information to an external environment of the motor vehicle)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to have modified the systems for authorizing an action using vehicle identification information and user identification information as disclosed by Scofield with the disclosure of displaying contactless vehicle codes as taught by Esquivel in order to more securely remain in a vehicle when using drive through or parking stations or responding to law enforcement.
While Scofield in view of Esquivel discloses the invention as described above, they do not describe biometric sensors being used to detect a biometric feature of one or more occupants of the motor vehicle and verify the identity using the one or more biometric sensors.
Arora discloses an electronic system, a computerized method implemented on a merchant server of the electronic system, and a non-transitory computer-readable medium storing computer-readable instructions for performing a transaction between a merchant and a motor vehicle of a customer. (See Arora Abstract)
The motor vehicle may further include a vehicle electronic system that is integrated with or installed inside the motor vehicle. (See Arora para 18) The vehicle electronic system is operative for performing a transaction between the motor vehicle and the merchant. (See Arora para 18) The vehicle electronic system may be operable by the customer with a user interface inside the motor vehicle. (See Arora para 18) The user interface may additionally include other input devices, such as biometric sensors, disposed on the dashboard, center console, steering wheel, doors, or other parts of the interior of the motor vehicle. (See Arora para 18)
Arora further discloses that the customer uses the user interface to select products/services and to submit a request for the selected product/services. (See Arora para 44) After obtaining the payment instrument details, the merchant server proceeds to the step of performing the payment process for the selected products/services with the payment instrument details. (See Arora para 49) The payment process may include authenticating the payment instrument based on authentication of the customer. (See Arora para 49)
The authentication data may be provided by the customer via the user interface inside the motor vehicle. (See Arora para 50) Alternatively or additionally, the authentication data may include biometric data of the customer. (See Arora para 50) The biometric data may include, but is not limited to, photo of the face, fingerprint(s), retinal information, and/or voice command. (See Arora para 50) The user interface may include the appropriate input devices or biometric sensor for the customer to input, enter, key, or ‘tap’ in the authentication data. (See Arora para 50)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to have further modified the systems for authorizing an action using vehicle identification information and user identification information as disclosed by Scofield in view of Esquivel with the disclosure of the use of biometric sensors disposed in the interior of the motor vehicle for a customer to input biometric data as part of the payment process that includes authenticating the payment instrument based on authentication of the customer as taught by Arora in order to promote additional security for payment transactions.
Regarding Claim 16, Scofield discloses the following:
A system comprising:
a motor vehicle comprising:
a user recognition device configured to determine an identity of a user of the motor vehicle, wherein the user recognition device comprises one or more biometric sensors; (See Scofield paras 24, 34)
an intravehicular user interface inside the motor vehicle, wherein the user interface detects an operating action of the user signaling a purchase of a service and generates an operating signal comprising the detected operating action; (See Scofield paras 35-39, 43, 55-57 – authorization interface allows user to specify which actions are permitted to be performed; status of the authorization may be provided to the user via an in-vehicle alert system, authorization system may communicate with the mobile device and/or vehicle where user may acknowledge the transaction by selecting an acceptance key on a mobile device and/or in-vehicle display)
a communication interface for wirelessly providing information to an external environment of the motor vehicle; and (See Scofield paras 29, 36-37, 49)
a control device configured to:
register, as a registered user, the user for a current use of the motor vehicle on the basis of the determined identity, provided a user-specific user profile of the user is stored in the motor vehicle; (See Scofield paras 36-37 – user authorized to make the request in the specific vehicle)
select, based on the operating signal, a payment function from a plurality of payment functions that are stored in the user profile for the registered user; (See Scofield paras 35-37)
cause the one or more biometric sensors to detect a biometric feature of one or more occupants of the motor vehicle; (See Scofield paras 32-37)
verify, using the one or more biometric sensors, the identity and presence of the registered user in the motor vehicle prior to each generation of an order data signal; (See Scofield paras 32-37)
provide, during the use of the motor vehicle by the registered user, the order data signal comprising an order data set that includes the payment process information of the registered user, the payment process information being coupled to the selected payment function and being stored in the user profile; and (See Scofield paras 38-41 – payment process may be completed after refueling so the refueling platform may communicate the final fee amount to the authorization system)
transmit the provided order data signal to the intravehicular communication interface for communicating the payment process information to an external communication interface; and (See Scofield paras 38-41)
an extravehicular data server device comprising the external communication interface, wherein the extravehicular data server device is outside the vehicle. (See Scofield paras 38-41)
While Scofield discloses the invention as claimed and discloses that a request to authorize an action comprises user identification information pertaining to a user occupying the vehicle and may comprise other unique information from which a user may be identified and verifying the identity and presence of the registered user prior to each generation of an order data signal, it does not clearly disclose an intravehicular communication interface for wirelessly providing information to an external environment of the motor vehicle or that the user recognition device comprises one or more biometric sensors; that the one or more biometric sensors detect a biometric feature of one or more occupants of the motor vehicle and verify the identity using the one or more biometric sensors.
Esquivel discloses devices, systems and method for contactless vehicle codes. (See Esquivel Abstract) In particular, in an embodiment, an in-vehicle infotainment system may allow a vehicle passenger to select the type of code or activity for which a QR code is to be presented using the vehicle (e.g., a display on a vehicle pillar, door, window, etc.) (See Esquivel para 17 – intravehicular communication interface, display surface) The vehicle may generate or receive the QR code and the user or vehicle information may be stored on the vehicle or in a centralized data storage. (See Esquivel para 17) When the user selects a type of code or activity, the vehicle may request a QR code corresponding to the type of code or activity. (See Esquivel para 17)
In a particular embodiment, the vehicle code presentation system includes the vehicle displaying the code of Fig. 1 and a parking system with a scanning device capable of scanning the code. (See Esquivel para 39) As the vehicle approaches a parking lot, parking space or the like, the scanning device may scan the code with the relevant parking information. (See Esquivel para 39 – scans from the code, wirelessly providing information to an external environment of the motor vehicle)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to have modified the systems for authorizing an action using vehicle identification information and user identification information as disclosed by Scofield with the disclosure of displaying contactless vehicle codes as taught by Esquivel in order to more securely remain in a vehicle when using drive through or parking stations or responding to law enforcement.
While Scofield in view of Esquivel discloses the invention as described above, they do not describe biometric sensors being used to detect a biometric feature of one or more occupants of the motor vehicle and verify the identity using the one or more biometric sensors.
Arora discloses an electronic system, a computerized method implemented on a merchant server of the electronic system, and a non-transitory computer-readable medium storing computer-readable instructions for performing a transaction between a merchant and a motor vehicle of a customer. (See Arora Abstract)
The motor vehicle may further include a vehicle electronic system that is integrated with or installed inside the motor vehicle. (See Arora para 18) The vehicle electronic system is operative for performing a transaction between the motor vehicle and the merchant. (See Arora para 18) The vehicle electronic system may be operable by the customer with a user interface inside the motor vehicle. (See Arora para 18) The user interface may additionally include other input devices, such as biometric sensors, disposed on the dashboard, center console, steering wheel, doors, or other parts of the interior of the motor vehicle. (See Arora para 18)
Arora further discloses that the customer uses the user interface to select products/services and to submit a request for the selected product/services. (See Arora para 44) After obtaining the payment instrument details, the merchant server proceeds to the step of performing the payment process for the selected products/services with the payment instrument details. (See Arora para 49) The payment process may include authenticating the payment instrument based on authentication of the customer. (See Arora para 49)
The authentication data may be provided by the customer via the user interface inside the motor vehicle. (See Arora para 50) Alternatively or additionally, the authentication data may include biometric data of the customer. (See Arora para 50) The biometric data may include, but is not limited to, photo of the face, fingerprint(s), retinal information, and/or voice command. (See Arora para 50) The user interface may include the appropriate input devices or biometric sensor for the customer to input, enter, key, or ‘tap’ in the authentication data. (See Arora para 50)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to have further modified the systems for authorizing an action using vehicle identification information and user identification information as disclosed by Scofield in view of Esquivel with the disclosure of the use of biometric sensors disposed in the interior of the motor vehicle for a customer to input biometric data as part of the payment process that includes authenticating the payment instrument based on authentication of the customer as taught by Arora in order to promote additional security for payment transactions.
Regarding Claim 12, this claim recites the limitations of Claim 11 and as to those limitations is rejected for the same basis and reasons as disclosed above. Further, Scofield in view of Esquivel discloses the following:
wherein the intravehicular communication interface is configured as a display device with a display surface, wherein the display surface is oriented towards the external environment of the motor vehicle and is visible from outside the motor vehicle, and wherein the control device causes the intravehicular communication interface to output the order data set provided as an image data set, and wherein the control device provides the provided order data set as a quick response (QR) code.
While Scofield discloses the invention as claimed, it does not clearly disclose an intravehicular communication interface as a display device or surface for providing information to an external environment of the motor vehicle in the manner it is apparently intended by Applicant. For purposes of compact prosecution, Examiner will proceed and provide further detail as to the intravehicular communication interface.
Esquivel discloses devices, systems and method for contactless vehicle codes. (See Esquivel Abstract) In particular, in an embodiment, an in vehicle infotainment system may allow a vehicle passenger to select the type of code or activity for which a QR code is to be presented using the vehicle (e.g., a display on a vehicle pillar, door, window, etc.) (See Esquivel para 17 – intravehicular communication interface) The vehicle may generate or receive the QR code and the user or vehicle information may be stored on the vehicle or in a centralized data storage. (See Esquivel para 17) When the user selects a type of code or activity, the vehicle may request a QR code corresponding to the type of code or activity. (See Esquivel para 17)
In a particular embodiment, the vehicle code presentation system includes the vehicle displaying the code of Fig. 1 and a parking system with a scanning device capable of scanning the code. (See Esquivel para 39) As the vehicle approaches a parking lot, parking space or the like, the scanning device may scan the code with the relevant parking information. (See Esquivel para 39 – scans from the code, wirelessly providing information to an external environment of the motor vehicle)
It would have bene obvious to one of ordinary skill in the art before the effective filing date of the instant invention to have modified the systems for authorizing an action using vehicle identification information and user identification information as disclosed by Scofield with the disclosure of displaying contactless vehicle codes as taught by Esquivel in order to more securely remain in a vehicle when using drive through or parking stations or responding to law enforcement.
Regarding Claim 13, this claim recites the limitations of Claim 11 and as to those limitations is rejected for the same basis and reasons as disclosed above. Further, Scofield in view of Esquivel discloses the following:
wherein the intravehicular communication interface is configured as an infrared interface for wireless data transmission arranged on an outside of the motor vehicle.
While Scofield discloses the invention as claimed, it does not clearly disclose an intravehicular communication interface as a display device or surface for providing information to an external environment of the motor vehicle in the manner it is apparently intended by Applicant. For purposes of compact prosecution, Examiner will proceed and provide further detail as to the intravehicular communication interface.
Esquivel discloses devices, systems and method for contactless vehicle codes. (See Esquivel Abstract) In particular, in an embodiment, an in vehicle infotainment system may allow a vehicle passenger to select the type of code or activity for which a QR code is to be presented using the vehicle (e.g., a display on a vehicle pillar, door, window, etc.) (See Esquivel para 17 – intravehicular communication interface) The vehicle may generate or receive the QR code and the user or vehicle information may be stored on the vehicle or in a centralized data storage. (See Esquivel para 17) When the user selects a type of code or activity, the vehicle may request a QR code corresponding to the type of code or activity. (See Esquivel para 17)
In a particular embodiment, the vehicle code presentation system includes the vehicle displaying the code of Fig. 1 and a parking system with a scanning device capable of scanning the code. (See Esquivel para 39) As the vehicle approaches a parking lot, parking space or the like, the scanning device may scan the code with the relevant parking information. (See Esquivel para 39 – scans from the code, wirelessly providing information to an external environment of the motor vehicle)
It would have bene obvious to one of ordinary skill in the art before the effective filing date of the instant invention to have modified the systems for authorizing an action using vehicle identification information and user identification information as disclosed by Scofield with the disclosure of displaying contactless vehicle codes as taught by Esquivel in order to more securely remain in a vehicle when using drive through or parking stations or responding to law enforcement.
Regarding Claim 15, this claim recites the limitations of Claim 11 and as to those limitations is rejected for the same basis and reasons as disclosed above. Further, Scofield discloses the following:
wherein the user recognition device is configured to determine the identity of the user on the basis of a mobile terminal of the user coupled to the motor vehicle or the user recognition device is configured for facial recognition. (See Scofield paras 32-37)
Regarding Claim 17, this claim recites the limitations of Claim 16 and as to those limitations is rejected for the same basis and reasons as disclosed above. Further, Scofield discloses the following:
wherein the extracurricular data server device is a data server of a parking garage, a charging station, a fuel pump, or a toll station. (See Scofield paras 6, 20-22, 33, 38-41)
Regarding Claim 22, this claim recites the limitations of Claim 11 and as to those limitations is rejected for the same basis and reasons as disclosed above. Further, Scofield discloses the following:
wherein the control device is configured to perform an identity check immediately before an order or payment signal is generated to determine that the registered user is still physically present inside the motor vehicle. (See Scofield paras 32-37)
Examiner Note:
Regarding Claim 21, there is currently no prior art rejection being applied to Claim 21.
Response to Arguments
Applicant's arguments filed January 20, 2026 have been fully considered as further detailed below.
As to the Claim Interpretation Section:
This section has been updated to reflect the current claims as seen in the rejection in chief. (See Applicant’s Arguments dated 1/20/2026 page 7)
As to the 101 Rejection:
As currently presented, the claims are not subject to a 101 rejection. (See Applicant’s Arguments dated 1/20/2026, pages 7-10)
As to the 103 Rejection:
Based on the amendments made, Examiner has applied an additional piece of prior art as well as additional disclosure from the prior art of record. (Id. at pages 11-13)
As to Claim 21, there is no prior art rejection being applied. This claim is dependent on Claim 12 and ultimately on Claim 11. Examiner suggests rolling up the features of Claims 12 and 21 to Claim 11 and mirroring the language in Independent Claim 16.
Conclusion
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 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMBREEN A. ALLADIN whose telephone number is (571)270-3533. The examiner can normally be reached Monday - Friday 9-5.
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/AMBREEN A. ALLADIN/Primary Examiner, Art Unit 3691 May 10, 2026
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