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 .
Priority
Acknowledgment is made of applicant’s priority filing: U.S. Provisional Application 63/310,680, filed 02/16/2022.
Application Status
In view of the appeal brief filed on 05/13/2026, PROSECUTION IS HEREBY REOPENED. New ground of rejection of claims as set forth below.
To avoid abandonment of the application, appellant must exercise one of the following two options:
(1) file a reply under 37 CFR 1.111 (if this Office action is non-final) or a reply under 37 CFR 1.113 (if this Office action is final); or,
(2) initiate a new appeal by filing a notice of appeal under 37 CFR 41.31 followed by an appeal brief under 37 CFR 41.37. The previously paid notice of appeal fee and appeal brief fee can be applied to the new appeal. If, however, the appeal fees set forth in 37 CFR 41.20 have been increased since they were previously paid, then appellant must pay the difference between the increased fees and the amount previously paid.
A Supervisory Patent Examiner (SPE) has approved of reopening prosecution by signing below:
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Claims 1-2, 4, 6-7, 9-12 and 14-23 are pending. Claims 1-2, 4, 6-7, 9-12 and 14-23 are rejected. This action is non-final. A three-month Shortened Statutory Period for Response has been set.
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.
Claims 1-2, 4, 6-7, 9-12 and 14-23 are rejected under 35 U.S.C. §103 as being unpatentable over the combination of Mouchet et al. (US 10,875,365 B2, henceforth Mouchet), Ohannesian et al. (US2023/0360417A, henceforth Ohannesian), Burlingham et al. (US 7,568,289 B2, henceforth Burlingham) and Olson (US 11,608,035 B2).
Regarding Claim 1, Mouchet discloses the limitations: a diagnostic tool for a vehicle {tire pressure monitoring tool 100, Fig. 1} comprising: a portable hand-held housing {handheld tool 110 in Fig. 1 with housing 110}; a user interface positioned within the housing having a visual display panel {display 120, Fig. 1; user interface can also include a push-button keypad, Col. 4, Lns. 49-43}; an assistance module {under the broadest reasonable interpretation, the examiner interprets an assistance module to be any element, component, device or combination elements, components and/or device, that aid the user to use a handheld device} positioned in the housing and configured to assist a user holding the hand-held housing of the diagnostic tool {user is aided by an optical sensor used to measure distance between tool 100 and a vehicle tire , Col. 6, Lns. 17-24, the optical sensor inherently disposed with the housing of tool 100} to acquire the image of the tire characters positioned on the exterior of the vehicle tire {assisting the user “to acquire the image of the tire characters positioned on the exterior of the vehicle tire” is addressed by additional prior art, as presented below}, the assistance module comprising: a distance measuring device configured for measuring a distance between the imaging device and the indicia {distance from tool to tire sensor: distance measurement between a handheld device (tool 100, Fig. 1) and vehicle tire using an optical/laser sensor, Col. 6, Lns. 17-30; one skilled in the art will appreciated that “the imaging device and the indicia” is comparable to the distance between the handheld tool and the vehicle tire on which the indicia are located}; a database of tire pressure monitoring system (TPMS) tire sensor information comprising TPMS tire sensor identification information {tool has internal database of tire pressure sensors, Col. 5, Lns. 56-58}; and a database of vehicle tire information comprising vehicle tire identification information {per Col. 2, Lns. 22-30, TPMS tools with database information about TMPS systems in different vehicle makes and models is well known in the art}, wherein the diagnostic tool is configured to be manually positioned such that the imaging device is in close proximity to the vehicle tire {positioning tool 100 (Fig. 1) in close proximity to vehicle tire to enable triggering of tire pressure sensor, Col. 2, Lns. 38-41; positioning imaging device in close proximity dealt with by subsequent prior art reference} and by use of the assistance module acquires the suitable image of the indicia based on receipt of the notification from the assistance module {addressed by subsequent prior art reference}, and identify a compatible TPMS tire sensor for the identified vehicle tire from the database of TPMS tire sensor information {identifying the tire pressure sensor mounted on a tire after tool 100 establishes communication with the sensor, Col. 5, Lns. 56-60}.
Mouchet does not appear to explicitly recite the limitations: an imaging device positioned within the housing and in communication with the visual display panel, the imaging device configured to acquire an image of indicia including tire characters positioned on an exterior of a vehicle tire; an optical character recognition (OCR) module positioned within the housing configured to identify the tire characters of the indicia acquired in the image; the assistance module comprising: an angle measurement device configured for measuring an angle between the imaging device and the indicia, the assistance module is configured to provide a notification to the user holding the hand-held housing through the user interface that the imaging device is properly positioned relative to the distance measured between the imaging device and the indicia and the angle measured between the imaging device relative to the indicia to acquire a suitable image of the indicia in order for the OCR module to identify the tire characters of the indicia; and wherein the diagnostic tool is configured to be manually positioned such that the imaging device is in close proximity to the vehicle tire and by use of the assistance module acquires the suitable image of the indicia based on receipt of the notification from the assistance module, the diagnostic tool is further configured to identify the vehicle tire from the database of vehicle tire information based on the identified tire characters of the indicia in the image.
However, Ohannesian explicitly recites the limitations: an imaging device positioned within the housing {the tire identification system in Fig. 3 includes an digital camera, ¶75}, the imaging device configured to acquire an image of indicia including tire characters positioned on an exterior of a vehicle tire {photograph type image of tire indicia in Fig. 4}; an optical character recognition (OCR) module positioned within the housing configured to identify the tire characters of the indicia acquired in the image {tire identification information indicia 15, Fig. 4, is analyzed using optical character recognition/OCR software to identify the make and model of the tire, ¶39-40; one skilled in the art will appreciate that aim of the limitation to identify tire indicia is equivalently achieved by either OCR software or an individual OCR module with necessary OCR software}; the diagnostic tool is further configured to identify the vehicle tire from the database of vehicle tire information based on the identified tire characters of the indicia in the image {captured tire identification information is compared to a database of tire information: “For each tire associated with each vehicle within the scanned tire database, the system will employ tire comparing software…comparing the respective scanned tire identifier and/or individual captured tire identification information for each tire stored in the scanned tire database”, ¶49}.
Mouchet and Ohannesian are analogous art because each deals with diagnosing or identifying a vehicle tire or a related component for use with a tire.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having the teachings of Mouchet and Ohannesian before them, to modify the teachings of Mouchet to include the teachings of Ohannesian to correctly identify the make and model of each individual tire on a vehicle {¶2}.
The combination of Mouchet and Ohannesian does not appear to explicitly recite the limitation: the assistance module further comprising: an imaging device positioned within the housing and in communication with the visual display panel; an angle measurement device configured for measuring an angle between the imaging device and the vehicle tire characters; the assistance module is configured to provide a notification to the user holding the hand-held housing through the user interface that the imaging device is properly positioned relative to the distance measured between the imaging device and the indicia and the angle measured between the imaging device relative to the indicia to acquire a suitable image of the indicia in order for the OCR module to identify the tire characters of the indicia; and wherein the diagnostic tool is configured such that the imaging device is in close proximity to the vehicle tire and by use of the assistance module acquires the suitable image of the indicia based on receipt of the notification from the assistance module.
However, Burlingham explicitly recites the limitations: a portable hand-held housing {handheld optical measurement device (10, Fig. 1)}; an assistance module positioned in the housing and configured to assist a user holding the hand-held housing of the diagnostic tool {optical measurement device 10 includes assisting elements including a visible pointing indicator 14, Fig. 1, optical sights for alignment and a speaker for notifying the user of a measurement has been completed (Col. 3, Lns. 43-50)} to acquire the image of the tire characters positioned on the exterior of the vehicle tire {acquiring an image of tire characters/indicia is mapped to the prior art by Ohannesian above}, the assistance module comprising: a distance measuring device configured for measuring a distance between the imaging device and the indicia {Col. 4, Lns. 11-21, distance measurement engine 26, Fig. 2}; and an angle measurement device configured for measuring an angle between the imaging device and the indicia {Col. 3, Lns. 59-63, dual-axis angular position engine 24, Fig. 2}.
The combination of Mouchet, Ohannesian and Burlingham are analogous art because they are all devices with internal positioning and/or alignment components to assist the user.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having the teachings of Mouchet and Ohannesian before them, to modify the teachings of the combination of Mouchet and Ohannesian to include the teachings of Burlingham to provide a handheld device that assists the user by providing angular and distance measurement information {Col. 2, Lns. 3-9}.
The combination of Mouchet, Ohannesian and Burlingham does not appear to explicitly disclose the limitation: an imaging device positioned within the housing and in communication with the visual display panel, the imaging device configured to acquire an image of indicia including tire characters positioned on an exterior of a vehicle tire; the assistance module is configured to provide a notification to the user holding the hand-held housing through the user interface that the imaging device is properly positioned relative to the distance measured between the imaging device and the indicia and the angle measured between the imaging device relative to the indicia to acquire a suitable image of the indicia in order for the OCR module to identify the tire characters of the indicia; and wherein the diagnostic tool is configured such that the imaging device is in close proximity to the vehicle tire and by use of the assistance module acquires the suitable image of the indicia based on receipt of the notification from the assistance module.
However, Olson explicitly recites the limitation: an imaging device positioned within the housing and in communication with the visual display panel {screen of cellphone 104 in Fig. 7}, the imaging device configured to acquire an image of indicia including tire characters positioned on an exterior of a vehicle tire {indicia within 706, in Fig. 7, is captured by application 108 with the help of the cellphone camera application, Col. 9, Lns. 22-25}; the assistance module {Col. 2, Ln. 50 – Col. 3, Ln. 19, a computer program product (i.e., cellphone app, corresponding to application 108 in Fig. 1) assists the user in capture a clear image of tire indicia, as evident in Fig. 7: “to perform steps of taking a photo of one tire of the set of tires, extracting tire information from the photo, and searching for compatible tires based on the tire information extracted from the photo.”} is configured to provide a notification {alignment aid 706, Fig. 7, which should be 708 to be consistent with the description, Col. 9, Lns. 22-25} to the user holding the hand-held housing through the user interface that the imaging device {application 108 accesses cellphone camera application, Col. 9, Lns. 38-40} is properly positioned relative to the distance measured between the imaging device and the indicia and the angle measured between the imaging device relative to the indicia to acquire a suitable image of the indicia in order for the OCR module to identify the tire characters of the indicia {Col. 9, Lns. 22-25, cellphone application 108 provides overlay 708 (incorrectly labeled as 706 in Fig. 7) to assist the user in aligning the cellphone camera both distance-wise and angularly to ensure the tire indicia fits completely with the overlay (as will be appreciated by one skilled in the art); this software assisted alignment mechanism is in addition to the standard markings provided by a cellphone cameras to align and focus an object for imaging, as will be appreciated by one skilled in the art}; wherein the diagnostic tool is configured to be manually positioned such that the imaging device is in close proximity to the vehicle tire and by use of the assistance module acquires the suitable image of the indicia based on receipt of the notification from the assistance module {as evident from Fig. 7, the cellphone user manually aligns the cellphone to ensure the tire indicia are positioned within 706, with visual notification of success to the user by observing the indicia fits properly with overlay 706 (Col. 9, Lns. 22-25) and is clearly focused without angular distortion, as will be appreciated by one skilled in the art}.
The combination of Mouchet, Ohannesian, Burlingham and Olson are analogous art since each deals with the field of vehicle or vehicle component problems, such as tires, that require vehicle maintenance and/or part(s) replacement.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having the teachings of Mouchet, Ohannesian, Burlingham and Olson before them, to modify the teachings of the combination of Mouchet, Ohannesian and Burlingham to include the teachings of Olson to accurately position an image capturing or reading device with the object being imaged {Fig. 7}.
Regarding Claim 2, the combination of Mouchet, Ohannesian, Burlingham and Olson discloses the diagnostic tool of Claim 1. In addition, Mouchet explicitly recites the limitation: wherein the database of TPMS tire sensor information further comprises information identifying TPMS tire sensors that are compatible with the vehicle {tire pressure sensor identification, see at least Col. 2, Lns. 22-30 and Col. 5, Lns. 56-60}.
Regarding Claim 4, the combination of Mouchet, Ohannesian, Burlingham and Olson discloses the diagnostic tool of Claim 1. In addition, Mouchet explicitly recites the limitation: a data memory storage device positioned in the housing {memory storage device 180 and housing 110, Fig. 1}, the data memory storage device including the database of TPMS tire sensor information and the database of vehicle tire information {internal storage of database information, Col. 5, Lns. 56-60}.
Regarding Claim 6, the combination of Mouchet, Ohannesian, Burlingham and Olson discloses the diagnostic tool of Claim 1. The combination of Mouchet, Ohannesian and Burlingham does not appear to explicitly disclose the limitation: wherein the assistance module further comprises a visual indicator visible on the visual display panel and configured to assist the user to align the imaging device with the tire characters of the indicia to assist the user to acquire the image of the indicia positioned on the exterior of the vehicle tire.
However, Olson explicitly discloses the limitation: wherein the assistance module further comprises a visual indicator visible {alignment aid 706, Fig. 7, which should be 708 to be consistent with the description, Col. 9, Lns. 22-25} on the visual display panel {screen of handheld mobile device 104 in Fig. 7} and configured to assist the user to align the imaging device with the tire characters of the indicia to assist the user to acquire the image of the indicia positioned on the exterior of the vehicle tire {highlighting the indicia (i.e., the outline 706 in Fig. 7) , Col. 9, Lns. 22-27: cellphone application 108 provides overlay 708 (incorrectly labeled as 706 in Fig. 7) to assist the user in aligning the cellphone camera both distance-wise and angularly to ensure the tire indicia fits completely with the overlay (as will be appreciated by one skilled in the art)}.
Regarding Claim 7, the combination of Mouchet, Ohannesian, Burlingham and Olson discloses the diagnostic tool of Claim 6. The combination of Mouchet, Ohannesian and Burlingham does not appear to explicitly disclose the limitation: wherein the visual indicator further comprises an overlay pattern.
However, Olson explicitly discloses the limitation: wherein the visual indicator further comprises an overlay pattern {Col. 9, Lns. 22-27, cellphone application 108 provides overlay 708 (incorrectly labeled as 706 in Fig. 7) to assist the user in aligning the cellphone camera both distance-wise and angularly to ensure the tire indicia fits completely with the overlay (as will be appreciated by one skilled in the art)}.
Regarding Claim 9, the combination of Mouchet, Ohannesian, Burlingham and Olson discloses the diagnostic tool of Claim 1. In addition, Mouchet further explicitly recites the limitation: wherein the diagnostic tool is a portable hand-held TPMS tool {100, Fig. 1} configured to be manually positioned in close proximity to a TPMS tire sensor {tool 100 (Fig. 1) in close proximity to vehicle tire to enable triggering of tire pressure sensor, Col. 2, Lns. 38-41 } located at least partially in the vehicle tire and in communication with an internal air pressure of the vehicle tire {determination of tire pressure via tool 100 communicating with TPMS tire sensor, Col. 5, Lns. 56-63}, the TPMS tool is configured to communicate with the TPMS tire sensor {“TPMS tools used for triggering TPMS tire sensors are portable, hand-held tools that are positioned in close proximity to the specific vehicle, and close to the specific tire including a TPMS tire sensor. Once positioned adjacent a tire having a TPMS sensor, an activation or trigger button is pushed on the tool keypad to emit the LF signal to trigger or awaken the TPMS sensor and induce emission of the measured tire metrics.”, Col. 2, Lns. 38-45}.
Regarding Claim 10, the combination of Mouchet, Ohannesian, Burlingham and Olson discloses the diagnostic tool of Claim 1. In addition, Mouchet further explicitly recites the limitation: wherein the diagnostic tool is configured to display on the visual display panel {120, Fig. 1} the identified TPMS tire sensor that is compatible for the identified vehicle tire {tire pressure sensor identification, see at least Col. 2, Lns. 22-30 and Col. 5, Lns. 56-60, wherein display information on a display screen is well-known in the art, as will be appreciated by one skilled in the art}.
Regarding Claim 11, Mouchet teaches a tire pressure monitoring system (TMPS) tool {tire pressure monitoring tool 100, Fig. 1} for use with a TPMS including a TPMS tire sensor positioned in a vehicle tire in communication with an air pressure within the vehicle tire {handheld tire pressure monitoring tool triggers a tire sensor, when held in close proximity, to enable identification of the sensor type, Col. 3, Lns. 26-37}, the tool comprising: a portable hand-held housing {handheld tool 110 in Fig. 1 with housing 110}; a tire sensor trigger signal generator positioned in the housing {142, Fig. 1 and Col. 4, Lns. 49-52}, wherein on positioning the TPMS tool in close proximity to the TPMS tire sensor {Col. 2, Lns. 38-41}, the tire sensor trigger signal generator is configured to selectively transmit a tire sensor trigger signal configured to awaken the TPMS tire sensor to send a signal to the TPMS tool {handheld tool awakens sensor, Col. 6, Lns. 27-45}; an antenna {130, Fig. 1} connected to the housing in communication with the tire sensor trigger signal generator {130 extends from the body of tool 100, Fig. 1}, the antenna configured to transmit the tire sensor trigger signal to the TPMS tire sensor {Col. 5, Lns. 27-45}; a receiver positioned in the housing configured to receive the signal from the TPMS tire sensor {“the antenna 130 may include a coil and is configured to communicate, send and receive, with the TPMS tire sensors and a vehicle controller, such as an ECU, which is in data communication with a TPMS tire”, Col. 2, Lns. 38-41}; a user interface positioned in the housing {display 120, Fig. 1}; a data memory storage device {memory 180, Fig. 1} positioned in the housing in communication with the user interface {display 120, Fig. 1; user interface can also include a push-button keypad, Col. 4, Lns. 49-43} and the imaging device {imaging device is addressed by a subsequent piece of prior art}, the data memory storage device configured to store in memory a database of TPMS tire sensor information {tool has internal database of tire pressure sensors, Col. 5, Lns. 56-58} and a database of vehicle tire information including vehicle tire character data positioned on the exterior of the vehicle tire {per Col. 2, Lns. 22-30, TPMS tools with database information about TMPS systems in different vehicle makes and models is well known in the art}; an assistance module {under the broadest reasonable interpretation, the examiner interprets an assistance module to be any element, component, device or combination elements, components and/or device, that aid the user to use a handheld device} positioned in the portable hand-held housing configured to assist a user of the TPMS tool {user is aided by an optical sensor used to measure distance between tool 100 and a vehicle tire , Col. 6, Lns. 17-24, the optical sensor inherently disposed with the housing of tool 100} to properly position the imaging device relative to the vehicle tire characters to acquire a suitable image of the vehicle tire characters of the vehicle tire {properly positioning tool 100, Fig. 1, requires it to be in close proximity to the tire sensors (Col. 2, Lns. 54-57) and this is aided by an optical sensor to detect distance from the sensor, Col. 6, Lns. 17-24; assisting the user “to acquire a suitable image of the vehicle tire characters of the vehicle tire” is addressed by additional prior art, as presented below}, the assistance module comprising: a distance measuring device configured for measuring a distance between the imaging device and the vehicle tire characters {distance from tool to tire sensor: distance measurement between a handheld device (tool 100, Fig. 1) and vehicle tire using an optical/laser sensor, Col. 6, Lns. 17-30; one skilled in the art will appreciated that “the imaging device and the indicia” is comparable to the distance between the handheld tool and the vehicle tire on which the indicia are located}.
Mouchet does not appear to explicitly recite the limitations: an imaging device positioned in the housing in communication with the user interface, wherein on positioning the housing including the imaging device in close proximity to vehicle tire characters positioned on an exterior of the vehicle tire, the imaging device is configured to acquire an image of the vehicle tire characters; an optical character recognition (OCR) module positioned in the housing configured to digitize the vehicle tire characters of the vehicle tire acquired in the image; an assistance module positioned in the portable hand-held housing configured to assist a user of the TPMS tool to properly position the imaging device relative to the vehicle tire characters to acquire a suitable image of the vehicle tire characters of the vehicle tire with the imaging device in order for the OCR module to identify the vehicle tire characters, the assistance module further comprising: an angle measurement device configured for measuring an angle between the imaging device and the vehicle tire characters; wherein the distance measuring device and the angle measurement device are configured to assist the user to position the imaging device relative to the vehicle tire characters to acquire the suitable image in order for the OCR module to identify the vehicle tire characters.
However, Ohannesian explicitly recites the limitations: an imaging device positioned in the housing {the tire identification system in Fig. 3 includes an digital camera, ¶75} in communication with the user interface (drone 17 (Fig. 3) in wireless communication (¶87) with the computing device displaying the image in Fig. 4, as will be appreciated by one skilled in the art}, wherein on positioning the housing including the imaging device in close proximity to vehicle tire characters positioned on an exterior of the vehicle tire {as will be appreciated by one skilled in the art, close proximity is device dependent and drone 17 is in close proximity to achieve the clear image produced in Fig. 4}, the imaging device is configured to acquire an image of the vehicle tire characters {photographic image of tire indicia in Fig. 4}; an optical character recognition (OCR) module positioned within the housing configured to digitize the vehicle tire characters of the vehicle tire acquired in the image {tire identification information indicia 15, Fig. 4, is analyzed using optical character recognition/OCR software to identify the make and model of the tire, ¶39-40; one skilled in the art will appreciate that aim of the limitation to identify tire indicia is equivalently achieved by either OCR software or an individual OCR module with necessary OCR software, and that performing optical character recognition is a very well-known technology}.
The combination of Mouchet and Ohannesian does not appear to explicitly recite the limitation: an assistance module positioned in the portable hand-held housing configured to assist a user of the TPMS tool to properly position the imaging device relative to the vehicle tire characters to acquire a suitable image of the vehicle tire characters of the vehicle tire with the imaging device in order for the OCR module to identify the vehicle tire characters, the assistance module further comprising: an angle measurement device configured for measuring an angle between the imaging device and the vehicle tire characters; wherein the distance measuring device and the angle measurement device are configured to assist the user to position the imaging device relative to the vehicle tire characters to acquire the suitable image in order for the OCR module to identify the vehicle tire characters.
However, Burlingham explicitly recites the limitations: an assistance module {optical measurement device 10 includes assisting elements including a visible pointing indicator 14, Fig. 1, optical sights for alignment and a speaker for notifying the user of a measurement has been completed (Col. 3, Lns. 43-50)} positioned in the portable hand-held housing {handheld optical measurement device (10, Fig. 1)}, the assistance module comprising: a distance measuring device configured for measuring a distance between the imaging device and the indicia {Col. 4, Lns. 11-21, distance measurement engine 26, Fig. 2}; and an angle measurement device configured for measuring an angle between the imaging device and the indicia {Col. 3, Lns. 59-63, dual-axis angular position engine 24, Fig. 2}.
The combination of Mouchet, Ohannesian and Burlingham does not appear to explicitly disclose the limitation: wherein the distance measuring device and the angle measurement device are configured to assist the user to position the imaging device relative to the vehicle tire characters to acquire the suitable image in order for the OCR module to identify the vehicle tire characters.
However, Olson explicitly recites the limitations: wherein the distance measuring device and the angle measurement device are configured to assist the user to position the imaging device relative to the vehicle tire characters to acquire the suitable image {Col. 9, Lns. 22-25, cellphone application 108 provides overlay 708 (incorrectly labeled as 706 in Fig. 7) to assist the user in aligning the cellphone camera both distance-wise and angularly to ensure the tire indicia fits completely with the overlay (as will be appreciated by one skilled in the art), and ensure the image will be clearly in focus without angular distortion, as will be appreciated by one skilled in the art}; this software assisted alignment mechanism is in addition to the standard markings provided by a cellphone cameras to align and focus an object for imaging, as will be appreciated by one skilled in the art} in order for the OCR module to identify the vehicle tire characters {applying OCR techniques to tire identification captured as in Fig. 7 to identify the tire via database and internet searching, Col. 8, Lns. 28-41:.
Regarding Claim 12, the combination of Mouchet, Ohannesian, Burlingham and Olson discloses the diagnostic tool of Claim 11. In addition, Mouchet does not appear to explicitly recite the limitation: wherein the vehicle tire character data comprises at least one of tire make, tire model, tire diameter, tire color, or tire reflectivity .
However, Ohannesian teaches the limitations: wherein the vehicle tire character data comprises at least one of tire make, tire model, tire diameter, tire color, or tire reflectivity {determining tire identification information from the captured tire identifier from a database, ¶49}.
Regarding Claim 14, the combination of Mouchet, Ohannesian, Burlingham and Olson discloses all the limitations of Claim 11, as discussed supra. In addition, Mouchet explicitly recites the limitation: a TPMS tool {100, Fig. 1} wherein the user interface comprises a visual display panel {display 120, Fig. 1}.
Mouchet does not appear to explicitly recite the limitation: a TPMS tool wherein the user interface comprises a visual display panel and is configured to display a present image of the vehicle tire characters on the exterior of the vehicle tire, and wherein the assistance module provides a visual indicator on the visual display panel configured to assist the user to acquire the image of the vehicle tire characters positioned on the exterior of the vehicle tire.
However, Ohannesian explicitly recites the limitations: wherein the user interface comprises a visual display panel and is configured to display a present image of the vehicle tire characters on the exterior of the vehicle tire {visual displaying of the image captured by the digital camera, ¶75, is represented clearly in FIG. 4}.
The combination of Mouchet, Ohannesian and Burlingham does not appear to explicitly disclose the limitation: wherein the assistance module provides a visual indicator on the visual display panel configured to assist the user to acquire the image of the vehicle tire characters positioned on the exterior of the vehicle tire.
However, Olson explicitly recites the limitations: wherein the assistance module provides a visual indicator on the visual display panel configured to assist the user to acquire the image of the vehicle tire characters positioned on the exterior of the vehicle tire {with respect to handheld mobile device 104 in Fig. 7, proper alignment to capture tire indicia 702/704 is aided by highlighting the indicia (i.e., the outline 706 in Fig. 7), corresponding to aiding the user with visual verification that the distance from mobile device 104 and tire is proper, and angular alignment is similarly proper [Note that 706 in Fig. 7 corresponds to 708 in this excerpt: "the application 108 will add highlights 708 around the detected tire information. With these highlights, the user can then verify that the application 108 is finding the correct information of the tire 102. In some embodiments, the user can manually define the areas in which the application should look for the tire information.", Col. 9, Lns. 22-27}.
Regarding Claim 15, the combination of Mouchet, Ohannesian, Burlingham and Olson discloses all the limitations of Claim 14, as discussed supra. The combination of Mouchet, Ohannesian and Burlingham does not appear to explicitly recite the limitation: wherein the visual indicator comprises an overlay pattern configured to assist the user to position the imaging device relative to the vehicle tire characters to acquire the image of the vehicle tire characters positioned on the exterior of the vehicle tire
However, Olson explicitly recites the limitation: wherein the visual indicator comprises an overlay pattern configured to assist the user to position the imaging device relative to the vehicle tire characters to acquire the image of the vehicle tire characters positioned on the exterior of the vehicle tire {with respect to handheld mobile device 104 in Fig. 7, proper alignment to capture tire indicia 702/704 is aided by highlighting the indicia (i.e., the outline 706 in Fig. 7)}.
Regarding Claim 16, the combination of Mouchet, Ohannesian, Burlingham and Olson discloses all the limitations of Claim 15, as discussed supra. The combination of Mouchet, Ohannesian and Burlingham does not appear to explicitly recite the limitation: wherein the overlay pattern comprises at least one of an overlay character, an overlay line, or an overlay window relative to the vehicle tire characters.
However, Olson explicitly recites the limitation: wherein the overlay pattern
comprises an overlay character relative to the vehicle tire characters {with respect to handheld mobile device 104 in Fig. 7, proper alignment to capture tire indicia 702/704 is aided by highlighting the indicia (i.e., the outline 706 in Fig. 7)}.
Regarding Claim 17, the combination of Mouchet, Ohannesian, Burlingham and Olson discloses all the limitations of Claim 11, as discussed supra. The combination of Mouchet, Ohannesian and Burlingham does not appear to explicitly recite the limitation: wherein the assistance module is configured to provide a notification to the user through the user interface that the imaging device is properly positioned relative to the vehicle tire characters to acquire the suitable image of the vehicle tire characters in order for the OCR module to identify the vehicle tire characters.
However, Olson explicitly recites the limitation: wherein the assistance module is configured to provide a notification {alignment aid 706, Fig. 7, which should be 708 to be consistent with the description, Col. 9, Lns. 22-25} to the user through the user interface that the imaging device {application 108 accesses cellphone camera application, Col. 9, Lns. 38-40} is properly positioned relative to the vehicle tire characters to acquire the suitable image of the vehicle tire characters {Col. 9, Lns. 22-25, cellphone application 108 provides overlay 708 (incorrectly labeled as 706 in Fig. 7) to assist the user in aligning the cellphone camera both distance-wise and angularly to ensure the tire indicia fits completely with the overlay (as will be appreciated by one skilled in the art); this software assisted alignment mechanism is in addition to the standard markings provided by a cellphone cameras to align and focus an object for imaging, as will be appreciated by one skilled in the art} in order for the OCR module to identify the vehicle tire characters {applying OCR techniques to tire identification captured as in Fig. 7 to identify the tire via database and internet searching, Col. 8, Lns. 28-41}.
Regarding Claim 18, the combination of Mouchet, Ohannesian, Burlingham and Olson discloses all the limitations of Claim 11, as discussed supra. In addition, Mouchet further explicitly recites the limitations: further comprising a control system positioned in the portable hand-held housing in communication with user interface {controller 150 and processor 160, Fig. 1, and buttons 140 of handheld tool 100 includes controller 150 and processor 160 in communication with display 120 and buttons 140}, and the data memory storage device {memory 180, Fig. 1}.
Mouchet does not appear to explicitly recite the limitations: a control system in communication with the imaging device, wherein on acquiring the image of vehicle tire characters and digitization of the vehicle tire characters by the OCR module, the control system is configured to compare the imaged vehicle tire characters with the database of vehicle tire information and identify the vehicle tire from the imaged vehicle tire characters.
However, Ohannesian teaches the limitations: a control system in communication with the imaging device {autonomous vehicle/drone 17 in Fig. 3 includes an digital camera, ¶75}, wherein on acquiring the image of vehicle tire characters and digitization of the vehicle tire characters by the OCR module {“This captured and assembled final digital image can be converted to database-storable alphanumeric characters and text by optical character recognition software which examines each captured final digital image.”, ¶39}, the control system is configured to compare the imaged vehicle tire characters with the database of vehicle tire information and identify the vehicle tire from the imaged vehicle tire characters {captured tire identification information is compared to a database of tire information, ¶49-50}.
Regarding Claim 19, the combination of Mouchet, Ohannesian, Burlingham and Olson discloses all the limitations of Claim 18, as discussed supra. In addition, Mouchet further explicitly recites the limitations: wherein on identification of the vehicle tire, the control system {controller 150 and processor 160, Fig. 1} is configured to compare the identified vehicle tire to the database of TPMS tire sensor information to identify the TPMS tire sensor compatible for the identified vehicle tire and display {120, Fig. 1} the identified TPMS tire sensor that is compatible with the identified vehicle tire on the user interface {“The tool 100 will through internal stored database of vehicles, determine the make or type of TPMS tire sensors used with that specific vehicle and determine the proper communication protocol and/or instructions needed for the tire sensor trigger signal generator”, Col. 5, Lns. 56-60}.
Regarding Claim 20, Mouchet recites the limitations: a method for identifying a vehicle tire {identifying tire sensor, Abstract; identifying/reading indicia/characters on the side of a tire dealt with in subsequent prior art, below} comprising: providing a portable hand-held diagnostic tool {handheld tool 110 in Fig. 1 with housing 110}; manually positioning the diagnostic tool adjacent a vehicle tire having tire characters on an exterior of the vehicle tire {positioning tool in close proximity to vehicle tire to enable triggering of tire pressure sensor, Col. 2, Lns. 38-41}; manually aligning by a user an imaging device {imaging device is addressed by a subsequent piece of prior art; here, we address manual alignment of handheld device (with sensing capabilities, i.e., integral optical sensor, Col. 6, Lns. 17-24) in close proximity (Abstract) with a tire} positioned in the diagnostic tool with the tire characters {user is aided by an optical sensor used to measure distance between tool 100 and a vehicle tire, Col. 6, Lns. 17-24, the optical sensor inherently disposed with the housing of tool 100; tire characters dealt with in subsequent prior art, below} by an assistance module {under the broadest reasonable interpretation, the examiner interprets an assistance module to be any element, component, device or combination elements, components and/or device, that aid the user to use a handheld device} positioned in the diagnostic tool {integral optical sensor, Col. 6, Lns. 17-24), the assistance module configured for measuring a distance between the diagnostic tool {distance measurement between a handheld device (tool 100, Fig. 1) and vehicle tire using an optical/laser sensor, Col. 6, Lns. 17-30}; a database of vehicle tire information stored in a memory {180, Fig. 1} in the diagnostic tool {per, Col. 2, Lns. 22-30, TPMS tools with database information about TMPS systems in different vehicle makes and models is well known in the art}.
Mouchet does not appear to explicitly recite the limitation: manually aligning by a user an imaging device positioned in the diagnostic tool with the tire characters by an assistance module positioned in the diagnostic tool, the assistance module configured for measuring an angle between the diagnostic tool and the tire characters to assist the user holding the diagnostic tool to acquire a single image of the tire characters on the exterior of the vehicle tire;
aligning an imaging device connected to the diagnostic tool with the tire characters by an angle between the diagnostic tool and the vehicle tire to assist a user in acquiring an image of the tire characters on the exterior of the vehicle tire; capturing the image of the tire characters on the exterior of the vehicle tire with the imaging device; reading the tire characters by an optical character recognition (OCR) module connected to the diagnostic tool; and identifying the vehicle tire by cross-referencing the tire characters captured in the image to a database of vehicle tire information stored in a memory in the diagnostic tool.
However, Ohannesian explicitly recites the limitations: manually {manually aligning imaging device dealt with by subsequent prior art, below} aligning an imaging device connected to the diagnostic tool {the tire identification system in Fig. 3 includes an digital camera, ¶75} to assist a user in acquiring an image of the tire characters on the exterior of the vehicle tire {photograph type image of tire indicia in Fig. 4}; capturing the image of the tire characters on the exterior of the vehicle tire with the imaging device {photograph type image of tire indicia in Fig. 4}; reading the tire characters by an optical character recognition (OCR) module connected to the diagnostic tool {tire identification information indicia 15, Fig. 4, is analyzed using optical character recognition/OCR software to identify the make and model of the tire, ¶39-40; one skilled in the art will appreciate that aim of the limitation to identify tire indicia is equivalently achieved by either OCR software or an individual OCR module with necessary OCR software}; and identifying the vehicle tire by cross-referencing the tire characters captured in the image to a database of vehicle tire information stored in a memory {captured tire identification information is compared to a database of tire information: “For each tire associated with each vehicle within the scanned tire database, the system will employ tire comparing software…comparing the respective scanned tire identifier and/or individual captured tire identification information for each tire stored in the scanned tire database”, ¶49} in the diagnostic tool {tire identifier compared to tire information database, ¶89: “Using software operating to the task of comparing the scanned tire identifiers concerning tires 21 held in the scanned tire database, with the tire identifiers and tire information in the tire information database of tires with safety issues, matches therebetween are determined 20.”}.
The combination of Mouchet and Ohannesian does not appear to explicitly disclose the limitations: manually aligning an imaging device connected to the diagnostic tool to assist a user in acquiring an image of the tire characters on the exterior of the vehicle tire; aligning an imaging device connected to the diagnostic tool by measuring an angle to assist a user in acquiring an image.
However, Burlingham explicitly recites the limitations: aligning an imaging device {aligning imaging device dealt with by previous prior art and subsequent prior} connected to the diagnostic tool {handheld optical measurement device (10, Fig. 1)} by an angle to assist a user {optical measurement device 10 includes assisting elements including a visible pointing indicator 14, Fig. 1, optical sights for alignment and a speaker for notifying the user of a measurement has been completed (Col. 3, Lns. 43-50)} in acquiring an image {Col. 3, Lns. 59-63, dual-axis angular position engine 24, Fig. 2; the examiner notes, the handheld optical measurement device in Fig. 1 also includes a distance measurement engine 26, Fig. 2 and Col. 4, Lns. 11-21}.
The combination of Mouchet, Ohannesian and Burlingham does not appear to explicitly disclose the limitation: manually aligning an imaging device connected to the diagnostic tool to assist a user in acquiring an image of the tire characters on the exterior of the vehicle tire.
However, Olson explicitly recites the limitation: manually aligning {Fig. 7} an imaging device connected to the diagnostic tool {cellphone camera being used in Fig. 7} to assist a user in acquiring an image of the tire characters on the exterior of the vehicle tire {indicia within 706, in Fig. 7, is captured by application 108 with the help of the cellphone camera application, Col. 9, Lns. 22-25; see also Col. 2, Ln. 50 – Col. 3, Ln. 19}.
Regarding Claim 21, the combination of Mouchet, Ohannesian, Burlingham and Olson discloses all the limitations of Claim 20, as discussed supra. In addition, Mouchet further explicitly recites the limitations: determining a compatible tire pressure monitoring system (TPMS) tire sensor for at least one of a vehicle including the identified vehicle tire or for the identified vehicle tire by cross-referencing the identified tire to a database of TPMS tire sensor information stored in the memory in the diagnostic tool {tire pressure sensor identification, see at least Col. 2, Lns. 22-30 and Col. 5, Lns. 56-60}.
Regarding Claim 22, the combination of Mouchet, Ohannesian, Burlingham and Olson discloses all the limitations of Claim 1, as discussed supra. The combination of Mouchet, Ohannesian and Burlingham does not appear to explicitly disclose the limitation: wherein the suitable image acquired by the imaging device by use of the assistance module is a single image suitable for the OCR module to identify the tire characters of the indicia.
However, Olson explicitly recites the limitation: wherein the suitable image acquired by the imaging device by use of the assistance module is a single image {highlighting the tire markings and capturing an image for tire identification, as in Fig. 7: “the application 108 will add highlights 708 around the detected tire information. With these highlights, the user can then verify that the application 108 is finding the correct information of the tire 102. In some embodiments, the user can manually define the areas in which the application should look for the tire information.”, Col. 9, Lns. 22-27} suitable for the OCR module to identify the tire characters of the indicia {applying OCR techniques to tire identification captured as in Fig. 7 to identify the tire via database and internet searching, Col. 8, Lns. 28-41: “ the application 108 analyzes the image of the tire to extract information about the tire printed on the tire itself. This may be performed by optical character recognition…the application 108 then searches databases, internet search engines, retailer websites, or other resources to find tires that match the tires detected in the image”}.
Regarding Claim 23, the combination of Mouchet, Ohannesian, Burlingham and Olson discloses all the limitations of Claim 11, as discussed supra. The combination of Mouchet, Ohannesian and Burlingham does not appear to explicitly disclose the limitation: wherein the suitable image acquired by the imaging device by use of the assistance module is a single image of the vehicle tire characters suitable for the OCR module to identify the tire characters of the vehicle tire.
However, Olson explicitly recites the limitation: wherein the suitable image acquired by the imaging device by use of the assistance module is a single image {highlighting the tire markings and capturing an image for tire identification, as in Fig. 7: “the application 108 will add highlights 708 around the detected tire information. With these highlights, the user can then verify that the application 108 is finding the correct information of the tire 102. In some embodiments, the user can manually define the areas in which the application should look for the tire information.”, Col. 9, Lns. 22-27} suitable for the OCR module to identify the tire characters of the indicia {applying OCR techniques to tire identification captured as in Fig. 7 to identify the tire via database and internet searching, Col. 8, Lns. 28-41: “the application 108 analyzes the image of the tire to extract information about the tire printed on the tire itself. This may be performed by optical character recognition…the application 108 then searches databases, internet search engines, retailer websites, or other resources to find tires that match the tires detected in the image”}.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICHARD EDWIN GEIST whose telephone number is (703)756-5854. The examiner can normally be reached Monday-Friday, 9am-6pm.
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/R.E.G./Examiner, Art Unit 3665
/CHRISTIAN CHACE/Supervisory Patent Examiner, Art Unit 3665
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