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 .
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.
Claim(s) 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Baranga (U.S.2018/0182240) and further in view of Burke Jr. (20120078497).
1. As per claims 1,11 Baranga disclosed a vehicle comprising: a long-range tracking system configured to provide vehicle tracking data to be shared remotely by the long-range tracking system [ The accuracy of the positional data provided allow for an array of marketing and advertising opportunities for tailored offers to be made to properly equipped vehicles and/or individual users with portable computing devices that implement an embodiment of the invention. Other embodiments of the invention allow for precise tracking and calculation of VMT and precise control of self-driving vehicles using the geomagnetic signature matching functionality described herein] (Paragraph. 0013); a trigger monitor detecting a failure of the long-range tracking system to share the vehicle tracking data remotely; and a tag transceiver configured for local wireless data transfer with one or more client devices outside the vehicle [Various embodiments of the invention utilize fallback location tracking features to mitigate any loss-of-location events that may be caused, for example, by a user that leaves the mapped/graphed tollway area or otherwise fails to travel across one or more of the prerecorded geographic points (e.g., driving on auxiliary road or shoulder of road due to traffic accident rerouting). Such embodiments can rely on traditional GPS triangulation or data recorded by an accelerometer (e.g., incorporated into smartphone or vehicle), or a combination of both of these, to locate a user that has strayed from the normal tollway route] (Paragraph. 0045), wherein the tag transceiver operates independently of the long-range tracking system, and wherein the local wireless data transfer has a range less than 500 meters; [Although a wide range of beacons can be used in this manner, commonly used beacons that can be generally described as micro-location based devices that identify devices using the Bluetooth wireless technology standard (e.g., smartphones, onboard computers) are implemented in various embodiments of the invention. Beacons can also be used in conjunction with geofences to provide a redundant triggering mechanism for the activation and deactivation of the tollway application in an even more precise manner to ensure proper functioning and activation of the tollway application. By using protocols such as iBeacon, the tollway application can determine its location relative to a beacon, which also might be located along various points along the roadway to offer customers special deals through mobile marketing programs. Unlike other location-based technologies, the “iBeacon” beacon is a one-way transmitter to the receiving devices, which ensures that the tollway application can track the location of the device, not the beacon itself] (Paragraph. 0027), wherein the tag transceiver is configured [Many of the systems utilize RFID (Radio Frequency Identification) technology to facilitate the communication between the transponder and the electronic toll collection equipment] (Paragraph. 0005); responsive to detection of the failure of the long-range tracking system by the trigger monitor to perform a local area beacon exchange with the one or more client devices to estimate a vehicle location [To conserve energy while driver 204 is not travelling near tollways, the tollway application can operate in the background until vehicle 202 enters into or passes through geofence 212, which uses the GPS functionality in smartphone 208 to signal the tollway application that smartphone 208 has entered into tollway-relevant geographic area. Other embodiments utilize beacons located at the tollway entrances and exits to perform the same function as geofence 212, or alternatively, can provide a redundant triggering mechanism when used in conjunction with geofences located at the tollway entrances and exits. The geolocation and radius value of each geofence will depend on various factors (e.g., tollway density within a geographic area, the speed at which vehicles will be travelling through the geofence), but will generally be calibrated to ensure the accurate energization of the tollway application once GPS has confirmed the entrance of the vehicle onto the tollway. Therefore, in this embodiment of the invention, once vehicle 202 enters into geofence 212, the tollway application is energized and begins to measure and/or record magnetic signatures and transmit them to server 210 for processing and matching] (Paragraph. 0033).
However, Baranga did not explicitly disclose to request at least one of the client devices to relay a message containing the estimated vehicle location and a predetermined identifier of the vehicle to a remote site via a crowdsourced tracking network.
In the same field of endeavor Burke disclosed, “The aforementioned aspects and other objectives and advantages can now be achieved as described herein. A method and system for tracking vehicle-centric data and user-centric data with respect to a vehicle, is disclosed herein. A vehicle-based device can be configured with a vehicle-based application in order to collect and cache the vehicle-centric data. A GPS-enabled wireless communications device (e.g., laptop, cell phone, PDA, etc.) configured with a vehicle and a user data tracking module can be interfaced with the vehicle-based device (e.g., an OBD-II interface device) via a wireless technology (e.g., Bluetooth technology) in order to retrieve the vehicle-centric data with respect to the vehicle. The user-centric data can also be collected from the GPS-enabled wireless communications device via a wireless application when the user is located external to the vehicle. The vehicle-centric data and the user-centric-data can be then transmitted to a centralized server in order to process and track a historical and real time GPS location and navigation data” (Paragraph. 0009). Examiner interpreted the crowdsource tracking network as “many vehicles/devices each sending their own vehicles/devices each sending their own vehicle/user/ location data to a central server which then provides tracking for navigation services” as disclosed in the above excerpt. Burke disclosure reads on vehicle and user centric data acquisition and server-based tracking.
It would have been obvious to one having ordinary skill in the art before the effective filing date was made to have incorporated The user-centric (e.g., user location data) and the vehicle-centric data can be transmitted between the wireless communications device and the server via a data transportation medium (e.g., a SMS, E-mail, Https, SOAP, and BlackBerry MDS). The vehicle odometer, maintenance, performance and activity can be integrated with a user focused GPS navigation solution as they enter and exit the vehicle automatically by time-stamping of the synchronizing and desynchronizing of the devices. The system can track a person outside the vehicle and provide navigation instructions via a cheaper (cellular) data transmission route of fleet data. Such an approach can be effectively employed in wide range of applications such as, for example, heating and cooling monitors, security systems, home appliances, home entertainment systems, rendering devices and/or publishing systems as taught by Burke in the method and system of Baranga to make the remote application service more efficient.
2. As per claims 2,12 Baranga-Burke disclosed wherein the tag transceiver is comprised of a short-range wireless node using a Bluetooth protocol (Baranga, Paragraph. 0027).
3. As per claims 3,13 Baranga-Burke disclosed wherein the tag transceiver is comprised of an ultra-wideband (UWB) transceiver configurable as a location anchor (Baranga, Paragraph. 0009).
4. As per claims 4,14 Baranga-Burke disclosed wherein the long-range tracking system comprises a global navigation satellite system (GNSS) receiver (Burke, Paragraph. 0032). The claims 4,14 has the same motivation as to claims 1 and 11.
5. As per claims 5,15 Baranga-Burke disclosed wherein the trigger monitor is coupled to the GNSS receiver, and wherein the trigger monitor detects the failure when the GNSS receiver does not detect any signals transmitted by a corresponding satellite (Burke, Paragraph. 0032). The claims 5,15 has the same motivation as to claims 1 and 11.
6. As per claims 6,16 Baranga-Burke disclosed wherein the long-range tracking system comprises a cellular data modem (Burke, Paragraph. 0029). The claims 6,16 has the same motivation as to claims 1 and 11.
7. As per claims 7,17 Baranga-Burke disclosed wherein the trigger monitor is coupled to the cellular data modem, and wherein the trigger monitor detects the failure when the cellular data modem is inoperable because of loss of power or disruption of signal transmission (Baranga, Paragraph. 0035).
8. As per claims 8,19 Baranga-Burke disclosed wherein the trigger monitor is further responsive to initiation of a predetermined key-off load (KOL) mode in the vehicle, and wherein the tag transceiver performs the local area beacon exchange and the request to relay the message containing the estimated vehicle location and the predetermined identifier of the vehicle to the remote site when the predetermined KOL mode is initiated (Baranga, Paragraph. 0045).
9. As per claim 9 Baranga-Burke disclosed further comprising an electrical power distribution system with multiple power supply branches, wherein the tag transceiver receives electrical power from a first power supply branch, and wherein the long- range tracking system receives electrical power from a second power supply branch (Baranga, Paragraph. 0025).
10. As per claim 10 Baranga-Burke disclosed comprising a security controller which includes the trigger monitor and which is configured to restrict access to the vehicle according to driver authentication devices, and wherein the security controller receives electrical power from the first power supply branch so that a disconnection of power to the tag transceiver disables operation of the security controller (Baranga, Paragraph. 0026-0027).
11. As per claim 18 Baranga-Burke disclosed wherein the determination of the disruption of signal transmission is comprised of detecting an abnormal received signal strength indicator (RSSI) at the cellular data modem (Baranga, Paragraph. 0033).
12. As per claim 20 Baranga-Burke disclosed wherein the vehicle includes an electrical power distribution system with multiple power supply branches, wherein the vehicle includes a security controller which detects the failure and which is configured to restrict access to the vehicle according to driver authentication devices (Baranga, Paragraph. 0024) [Examiner interpreted the communication through devices using communication protocol as authentication device/trusted devices] , wherein the tag transceiver receives electrical power from a first power supply branch, wherein the long-range tracking system receives electrical power from a second power supply branch, and wherein the security controller receives electrical power from the first power supply branch so that a disconnection of power to the tag transceiver disables operation of the security controller (Baranga, Paragraph. 0034).
Response to Arguments
13. Applicant's arguments filed 03/02/2026 have been fully considered but they are not persuasive. Response to applicant’s argument is as follows.
A. Applicant alleged that prior art did not disclose, “to request at least one of the client devices to relay a message containing the estimated vehicle location and a predetermined identifier of the vehicle to a remote site via a crowdsourced tracking network”.
As to applicant’s argument Burke disclosed, “The aforementioned aspects and other objectives and advantages can now be achieved as described herein. A method and system for tracking vehicle-centric data and user-centric data with respect to a vehicle, is disclosed herein. A vehicle-based device can be configured with a vehicle-based application in order to collect and cache the vehicle-centric data. A GPS-enabled wireless communications device (e.g., laptop, cell phone, PDA, etc.) configured with a vehicle and a user data tracking module can be interfaced with the vehicle-based device (e.g., an OBD-II interface device) via a wireless technology (e.g., Bluetooth technology) in order to retrieve the vehicle-centric data with respect to the vehicle. The user-centric data can also be collected from the GPS-enabled wireless communications device via a wireless application when the user is located external to the vehicle. The vehicle-centric data and the user-centric-data can be then transmitted to a centralized server in order to process and track a historical and real time GPS location and navigation data (Paragraph. 0009). Examiner interpreted the crowdsource tracking network as “many vehicles/devices each sending their own vehicles/devices each sending their own vehicle/user/ location data to a central server which then provides tracking for navigation services” as disclosed in the above excerpt. Burke disclosure reads on vehicle and user centric data acquisition and server-based tracking.
B. Applicant’s alleged that prior art did not disclose, “wherein the tag transceiver is configured, responsive to detection of the failure of the long-range tracking system by the trigger monitor to perform a local area beacon exchange with one or more client devices to estimate a vehicle location”.
As to applicant’s allegation Baranga disclosed, “wherein the tag transceiver is configured [Many of the systems utilize RFID (Radio Frequency Identification) technology to facilitate the communication between the transponder and the electronic toll collection equipment] (Paragraph. 0005), responsive to detection of the failure of the long-range tracking system by the trigger monitor to perform a local area beacon exchange with one or more client devices to estimate a vehicle location [To conserve energy while driver 204 is not travelling near tollways, the tollway application can operate in the background until vehicle 202 enters into or passes through geofence 212, which uses the GPS functionality in smartphone 208 to signal the tollway application that smartphone 208 has entered into tollway-relevant geographic area. Other embodiments utilize beacons located at the tollway entrances and exits to perform the same function as geofence 212, or alternatively, can provide a redundant triggering mechanism when used in conjunction with geofences located at the tollway entrances and exits. The geolocation and radius value of each geofence will depend on various factors (e.g., tollway density within a geographic area, the speed at which vehicles will be travelling through the geofence), but will generally be calibrated to ensure the accurate energization of the tollway application once GPS has confirmed the entrance of the vehicle onto the tollway. Therefore, in this embodiment of the invention, once vehicle 202 enters into geofence 212, the tollway application is energized and begins to measure and/or record magnetic signatures and transmit them to server 210 for processing and matching] (Paragraph. 0033),
C. Applicant alleged that prior art did not disclose, “responsive to detection of the failure of the long-range tracking system by the trigger monitor”.
As to applicant’s allegation Baranga disclosed as an alternative to geofences, other embodiments of the invention utilize a beacon stationed at the tollway entrance to activate the tollway application and a beacon stationed at the tollway exit to deactivate the tollway application. Although a wide range of beacons can be used in this manner, commonly used beacons that can be generally described as micro-location-based devices that identify devices using the Bluetooth wireless technology standard (e.g., smartphones, onboard computers) are implemented in various embodiments of the invention. Beacons can also be used in conjunction with geofences to provide a redundant triggering mechanism for the activation and deactivation of the tollway application in an even more precise manner to ensure proper functioning and activation of the tollway application. By using protocols such as iBeacon, the tollway application can determine its location relative to a beacon (Paragraph. 0027).
D. Applicant alleged that prior art did not disclose, “at least one of the client devices to relay a message containing the estimated vehicle location and a predetermined identifier of the vehicle to a remote site”.
As to applicant’s allegation, “Burke disclosed, “The user-centric (e.g., user location data) and the vehicle-centric data can be transmitted between the wireless communications device and the server via a data transportation medium (e.g., a SMS, E-mail, Https, SOAP, and BlackBerry MDS). The vehicle odometer, maintenance, performance and activity can be integrated with a user focused GPS navigation solution as they enter and exit the vehicle automatically by time-stamping of the synchronizing and desynchronizing of the devices. The system can track a person outside the vehicle and provide navigation instructions via a cheaper (cellular) data transmission route of fleet data. Such an approach can be effectively employed in wide range of applications such as, for example, heating and cooling monitors, security systems, home appliances, home entertainment systems, rendering devices and/or publishing systems” (Paragraph. 0011).
Conclusion
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examiner should be directed to Adnan Mirza whose telephone number is (571)-272-3885.
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/ADNAN M MIRZA/Primary Examiner, Art Unit 3667